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EDITORIAL MoNDAy, JANUARy 28, 2019 4 Acting Editor & Publisher : Jobaer Alam Telephone: +8802-9104683-84, Fax: 9127103 e-mail: editor@thebangladeshtoday.com Monday, January 28, 2019 Formulating policies vis-à-vis India Many Bangladeshis overlook the fact that the reason for India's huge advantage in its bilateral trade with Bangladesh stems from the superior abilities of its producers. Even where the items to be produced in the two countries are complementary, the Indian producers seem to be more efficient and can market their produce at notably cheaper prices with equal quality in relation to Bangladeshi products. Thus, it is no wonder that Indian goods find ready access to Bangladeshi markets and the trade gap for us grows. But there is also another way of looking at it. India has become Bangladesh's single biggest source for meetings its import requirements for various merchandise. One reason is proximity or freighting costs from India are cheaper or more competitive than from other countries for Bangladesh. So, there is a gainful aspect in this for Bangladesh even though India enjoys a huge upper hand in the bilateral trade. But to a large extent this is a natural relationship between a superior producer and exporter in relation with a significantly weaker party in these matters. But these issues are not seen with objectivity in Bangladesh but are presented to the gullible people as if India deliberately practices economic imperialism with us. In India also similar notions are spread that Bangladesh is an unreliable neighbour in many respects specially in areas that have implications for India's physical security. So, it is crucial for the leaderships in both countries to get rid of these hypes or discourage them effectively and build up their relationships based on trust and exact visualization of state of affairs between them as they stand and not on some highly exaggerated ones. It is supremely important for Bangladesh to realize that notwithstanding both countries needing each other, the onus is more on Bangladesh to have correct relations with India. India not only surrounds us on all three sides, it is overwhelmingly powerful in all respects. The lifeline of our economy, the river systems, all flow into Bangladesh through India. Thus, India has a mighty geographic advantage over us and we hardly have a similar or matching leverage to face up to India. Some may say that Bangladesh has the transit factor to bargain with India. But this is only one area where Bangladesh has a geographical or locational advantage whereas in all other geographical senses, India breathes down Bangladesh's neck or dominates. India is among the first four countries of the world in terms of military power. Bangladesh is inconsequential by comparison. Thus, we just cannot have our way with India through keeping alive discords or a confrontational stand. Governments will come and go in Bangladesh. But we must essentially have a united or consensual policy in response to India. The major political parties in Bangladesh must come to an understanding about what that policy will be so that there can be continuity of it regardless of changes in governance. And such a policy needs to be drawn up completely unemotionally and constructively minus mind-sets or phobias. Of course, the aim ought not to be to approach the formation of this policy with any prejudice but the goal ought to be firmly also not to make any concessions if the same is not similarly responded by the other side. Only villifying India or using anti-Indianism to whip up emotions in a bid to win elections may lead to short term gains for the perpetrators of such politics in Bangladesh. But the short, medium and longer term core interests of the country will not be helped any by such a stance. A new relationship with India is waiting to be defined and shaped seizing and exploiting every opportunity. Clearly we need to acquire better specialist capacities to support formulation of foreign policies specially vis-àvis India. Four months ago. Turkish President Recep Tayyip Erdogan had promised that he would liberate the Syrian city of Idlib from all terrorists groups by no later than October 2018. That agreement, reached at the Red Sea resort of Sochi, was hailed back then as a major breakthrough, sparring the city from more bloodshed, and Europe, from more refugees. The original deadline passed, however, and was extended. Still, nothing happened. On the contrary, the very same group that Erdogan had promised to destroy - Hayat Tahrir Al Sham (HTS) - managed to overrun what remained of his proxies in Idlib, expelling them to the countryside of Aleppo since early this month. By mid-January, reinforcements were being shipped from Damascus to the vicinity of Idlib, threatening to carry out what Erdogan had failed to deliver. If they do that, all of what the world feared will happen in the war-torn city in the Syrian northwest. A big battle will take place, and thousands of refugees will flee, either to Turkey or to the shores of Europe. Very surprisingly, Erdogan has neither objected to government troop advances nor has his Russian counterpart Vladimir Putin. It was their joint signature that saved Idlib from war last October and it will be their joint action that will trigger a showdown in Idlib before next spring. The two men realise that Erdogan bit off more than what he could chew on Idlib, and that he simply lost interest in the city, If the African Union (AU) is to be believed, this is the year that the African Continental Free Trade Area (AfCFTA) really starts to take shape. Forty-nine member states have signed up to the deal, and 15 of them have already ratified it - including South Africa, the continent's second-largest economy. Only seven more ratifications are required before the agreement, finalized at the AU's extraordinary summit in Kigali, Rwanda, last year, becomes legally binding. But businesses planning around the deal must be warned: It will only be several years later, once all the outstanding issues have been negotiated, that tariffs and trade barriers may actually drop. And that is in the best-case scenario. The numbers surrounding the proposed continental free-trade area are staggering. Once in effect, it will be the largest trade deal since the establishment of the World Trade Organization, encompassing 55 countries, 1.2 billion people and a combined gross domestic product of US$2.5 trillion. The AU's figures suggest that it could boost intra- African trade by a stunning 52%. According to Paul Kagame, president of Rwanda and the current AU chairman, the deal would rank "among the most historic achievements of the African Union." The AU's trade commissioner, Albert Muchenga, has expressed his confidence that the necessary ratifications will be obtained before the next AU summit, in Addis Ababa on February 10-11. "We are welcoming the concrete beginning of the journey to create one African market," Muchenga said last year at the Kigali summit. "We are saying goodbye to the era of small, Erdogan’s Syria endgame is under way despite it being on his wishlist since 2015. Originally, Erdogan hoped to create a huge buffer zone deep within Syrian territory, including Idlib and other cities like Manbij, west of the Euphrates, and Al Raqqa, former capital of Daesh in Syria. He soon realised, however, that was technically impossible - mainly, because his partner, Putin, will not allow it. Al Raqqa was taken by the Kurds in 2017 and so was Manbij and then it was handed over to the Syrians last December. The limits of Turkey's buffer zone, in as much as what Russia will allow, seems to be the cities that he occupied in 2016, being Jarablus, Azaz and Al Bab, with current plans to expand it and include Ras Al Ayn, Kobani, and Tel Rifaat. He hopes to dismantle Kurdish presence along the borderline and carve out an entire area that would be immune to any Kurdish rebound, where he can eventually relocate thousands of Syrian refugees who have been living in Turkey since 2011. SAMI MoUBAyED Idlib can neither be connected to this buffer zone nor can it serve as a separate Turkish protectorate, deep within Russia's sphere of influence. Many wondered what Putin had in store for Idlib, as he transformed the city into a hub for global terrorists shipped to it from all four corners of Syria. He had originally wanted to create in Idlib a prototype for what he had envisioned Syrian cities should look Very surprisingly, Erdogan has neither objected to government troop advances nor has his Russian counterpart Vladimir Putin. It was their joint signature that saved Idlib from war last october and it will be their joint action that will trigger a showdown in Idlib before next spring. The two men realise that Erdogan bit off more than what he could chew on Idlib, and that he simply lost interest in the city, despite it being on his wishlist since 2015. isolated and fragmented small markets. "We are clearly signaling that Africa is not for isolationism or nationalism. Our message to ourselves and to the rest of the world is that we pool our independence and sovereignty to create a higher value of inter-dependency anchored on creating one African market." But despite all the impressive numbers and the fine rhetoric, there is still a long way to go before the AfCFTA approaches the implementation stage, and major hurdles must be overcome before Africa's freetrade dream approaches reality. The most obvious weak point is whether Nigeria intends to participate. President Muhammadu Buhari was planning to sign the deal, but withdrew at the last minute after pressure from trade unions (so last-minute, in fact, that his convoy was already on the way to the airport, en route to the Kigali summit, before suddenly turning back). Buhari said he needed more time to hold consultations, and has subsequently tweeted: "We will not agree to anything that will undermine local manufacturers and entrepreneurs, or that may lead to #Nigeria becoming a dumping ground SIMoN AllISoN like if ruled by the armed opposition. He wanted a state that would radicalise and send shivers down the spine of the international community, making the Daeshexample in Al Raqqa look civilised. In 2016, the Russians looked the other way as Erdogan's proxies rumbled across the borderline, overrunning three major Syrian cities, and last February, they took the Kurdish city of Afrin. In exchange for letting him get just that, Erdogan did not lift a finger to protect his proxies either in Aleppo or East Ghouta, who were defeated by the Russian and Syrian armies in for finished goods. #AfCFTA." There is unlikely to be any further clarity on Nigeria's position before the presidential election in mid-February. Buhari's main opponent, Atiku Abubakar, has indicated that he plans to sign the free-trade deal should he be elected. If he wins, however, he will also have to do battle with the reluctant trade unions - and there is no guarantee that this is a battle he would win. The absence of the continent's largest economy and most populous country would doubtless compromise the trade deal's effectiveness. The other major obstacle is likely to prove even more contentious. In order to facilitate the signing of the deal, the AU agreed to postpone decisions on particularly divisive areas such as the protocols on competition policy, intellectual-property rights and rules of origin. In other words, the really tough negotiations around the technical details of the deal are still to come. Tove van Lennep of the Helen Suzman Foundation, a South Africa think-tank, outlines just how much work remains December 2016 and February 2018. He will likely do the same in Idlib in 2019. Putin is once again looking elsewhere as Erdogan braces himself for another battle, this time against the Kurds in Kobani and Ras Al Ayn. This is where his ambition has to stop, say the Russians, and in exchange for letting him advance against the Kurds, he is expected to surrender not only Idlib, but neighbouring towns and cities like Maaret Al Nouman, Jisr Al Shughour and Khan Sheukhoun. Erdogan is a maverick politician with an ambition that knows no bounds. He is also a realistic statesman, however, who knows exactly when to adjust - and how. His original plan, of course, was to topple the regime in Damascus and replace it with allies in the Muslim Brotherhood. When that failed, he tried snatching Aleppo, but that too was obstructed by the Russian intervention of 2015. Now he seems to have abandoned Idlib as well, seeing the Kurdish pockets as far more dangerous - to his country's national security - than anything else in the Syrian battlefield. The two groups that were recently shipped out of Idlib, Ahrar Al Sham and the Zinki Brigade, were seemingly brought out of harm's way, rather than defeated by HTS. Erdogan needed them elsewhere, for another battle - not against HTS but against the Kurds. Source: Gulf news harsh realities hamper establishment of an African FTA Government reforms aim to capture up to a quarter of the $20 billion that Saudis spend overseas on entertainment each year. The Saudi government aims to increase the entertainment sector contribution to the gross domestic product (GDP) from 3 percent to 6 percent, while investment in entertainment is forecast to grow significantly in the next five years. The government attaches great importance to the entertainment sector. Several government agencies organize activities but the government has now unified the efforts of all public agencies under the umbrella of the General Entertainment Authority (GEA), which was established by a royal decree in line with Vision 2030. The entertainment sector is among the top job-generating and skillsupporting sectors. It has played a role in instilling the concept of volunteering, and in linking job seekers to businessmen. Last year the GEA said that infrastructure investments over the next decade would reach SR240 The AU's trade commissioner, Albert Muchenga, has expressed his confidence that the necessary ratifications will be obtained before the next AU summit, in Addis Ababa on February 10-11. "We are welcoming the concrete beginning of the journey to create one African market," Muchenga said last year at the Kigali summit. "We are saying goodbye to the era of small, isolated and fragmented small markets. billion ($64 billion), contributing SR18 billion to annual GDP and generating 224,000 new jobs by 2030. As part of the Public Investment Fund (PIF) program, the fund recently announced the launch of the Development and Investment Entertainment Co. (DIEC), with an initial capitalization of SR10 billion, which will act as an operational body as well as an investor in the Kingdom's entertainment sector. The company will also be responsible for building and operating theme parks and entertainment villages, with the first project to be inaugurated this year. The GAE and DIEC have expressed their interest in building strong relationships and expanding networking with international companies and individuals with experience in planning, development and management in entertainment, cultural and tourism destinations. The Kingdom is particularly interested in city planning and development to integrate tourism and entertainment, and to provide training and capacity building for its human resources. With government plans to expand the entertainment sector, there are massive opportunities over the next outstanding: "Ministers of trade must now submit schedules of tariff concessions and specific commitments on trade in services to the Assembly at the 32nd AU summit in Addis Ababa [in February]. These schedules require the liberalization of 90% of products by each state, as well as a list of sensitive products that are to be temporarily exempted. "For trade in services, scheduling will call for a deep review of the regulatory framework of the identified sectors, in view of preparing, sub-sector by subsector, mode by mode, the initial market access offers [that] will then be subject to negotiations. "The second phase will establish the rules for continental investment, intellectual property and competition policy, the latter critical for restraining monopolies in larger economies. The deadline for this phase is January 2020." Given that there are at least 49 countries involved in these upcoming negotiations, that deadline seems ambitious, to say the least. The AfCFTA is a compelling idea, and one that has captured the imagination of African leaders - as evidenced by their widespread agreement to the concept. But to obtain that agreement, the AU has so far avoided the really difficult conversations around the nitty-gritty of the deal. These conversations have the potential to derail the trade deal, and are almost guaranteed to drag on for far longer than the 12 months that have been allocated. For now, then, businesses are advised not to bank on the implementation of a continental freetrade area any time soon. Source : Asia times That’s entertainment: New opportunities to enjoy KSA BASIl M.K. Al-ghAlAyINI As part of the Public Investment Fund (PIF) program, the fund recently announced the launch of the Development and Investment Entertainment Co. (DIEC), with an initial capitalization of SR10 billion, which will act as an operational body as well as an investor in the Kingdom's entertainment sector. The company will also be responsible for building and operating theme parks and entertainment villages, with the first project to be inaugurated this year. decade for international companies. These opportunities can be found in areas such as integrated solutions for theatrical productions, broadcasting, gaming, software and applications, development of theme parks, resorts, hotels and restaurants. And since the government is seeking to increase the participation of its citizens in sports from 13 percent to 40 percent by 2030, investment opportunities in sports facilities and games solutions are expected to increase, creating more chances for private and foreign partnerships. Consulting, operations, event planning and promotion, training and human resources development and transportation can also add value to public entertainment and provide prospects for international companies. This shifting landscape will continue to create exciting opportunities for established players and emerging professionals alike. Source : Arab news
LAW & PUBLIC MOnDAy, JAnuAry 28, 2019 5 This week Your Legal Adviser is A.B.M Shahjahan Akanda (Masum) Advocate, Supreme Court of Bangladesh. He is the Head of the chamber of a renowned law firm, namely, 'Law for Nations', which has expertise mainly in banking law, tax law, commercial law, corporate law, family law, employment and labor law, land law, constitutional law, criminal law and in conducting litigations before courts of different hierarchies. He can be reached at - cell: 01711459590, E-mail: law.abm@gmail.com. LegAL Query : Dear Sir, Assalamu Walaikum, We have started a voluntary organization to work on law and legal system of Bangladesh particularly on youth leadership and preaching of law. The name of organization is "Law Mate" and it started its journey in December, 2016. What should we maintain now and in future to keep its operation lawfully? Thanking You. Chowdhury Tanbir Ahamed Siddique Co-founder, Law Mate LegAL OpiniOn- Thanks for your query. Actually, the registration process solely depends on the nature and scope of operation of your organization. If the organization runs as that of a private organization, then it must have to obtain registration from the office of the Registrar of the Joint Stock Companies and Firms (RJSC). Firstly, you need to apply for name clearance from RJSC. If the name of your organization is available or if the name is not similar with any other organization, then after depositing the name clearance fees prescribed by the authority you can apply for name clearance certificate. After examining the name of your organization, the RJSC authority has the discretion to accept or reject your application. Secondly, after obtaining the name Safe environment Legal Human rights SAyeD CHOwDHury Both of two school and Madrasah has sufferer for unconditional waste management in Dhaka Mymenshing Highway on the river side of Lobolong sagor at sub cannel of Dukhola khal. The students of the two educational institutes are passing class time by the inadequate difficulties. To great Loss of this waste is the agricultural land of Lallong Sea, the navigability of the Lallong Sea, the health of the people of side of the lobolong sea river and underground water also! Sustainable development on one side and pollution on the other side, is not a equal of sustainable development! Due to despondency at the time of modern and digital timea municipality has to enter the waste hill! For children rights to cure life. waste shall be managed way to very smoothly and to take necessary step to waste recycling by the authorities. Environmental law says; No Organic, Hazardous waste to keep in a open space or the road side area. But The actual picture is different. Road side waste dumping is common picture in Bangladesh. Many student, patient, old men to cross the road side and they are feeling very uncomfortable and very uneasiness that the bad smell of waste. That is why both the schools of Sreepur and the children of madrasha stood in the streets Dhaka Mymenshing High way by pressing the nose in protest. It's Our shame! Now waste is biggest problem in our country as well as whole of the world! So very short time to be take necessary step to management of waste to right way. Similarly We hope very firstly The dirt on the canal branch of the Lobolong canal will be removed from the scheduled place only for children, patient, students, agriculture and human health. Upazila Corruption Prevention Committee, Nodi Poribrajok Dol and Student & Human link arrange a Human Wall to protect badly waste fall in Dhaka to Mymensing Highway! clearance certificate, you have to apply for registration. In the registration process, first thing is to prepare memorandum of assocoation and articles of association, where you also have to mention the executive committee by whom the entire organization will run. Thirdly, after successfully submission of the necessary documents before the RJSC authority, the authority will forward the file to National Security Intelligence (NSI) for clearance. Then the NSI will investigate your office, your executive committee, the motto of the organization etc. If the NSI authority satisfied that the information submitted before the RJSC are true and the motto of the of the organization does not conflict with the social norms & values and also there is no possibility to to do any act which would be treated as anti-social or anti-state activities, then they may provide clearance certificate. Finally, after obtaining the NSI clearance certificate, you will obtain the registration from the office of the Registrar of the Joint Stock Companies and Firms (RJSC). However, if you intend to accumulate foreign funds at a later point of time then registration as a private limited company or an NGO would be most feasible options for you. For registration as an NGO they have to apply to the NGO affairs bureau. There also is prescribed form for application.For social service type activities, your Law Mate should be registered from Department of Social Service. An application in the prescribed format shall have to be submitted before the review board. In fine, this is the prescribed steps you need to follow. To join and stand on the streets of the children is essentially to use the law properly. Because they want to get safe, clean environment. The big responsibility here is to elected representatives. Should be a model project run in this country to proper waste management and then that is the way to future for our next healthy generation. Our government want to sustainable development. So we want to get solve our problem from our government. The children and students are both of organization is waiting to fresh air, fresh water and also clean environment. The Ministry of Education, Department of Environment and the Ministry of Environment and Forests are applying for the solution to find ways to solve the problem. Executive Member of Upazila Corruption Prevention Committee And Chemist Sreepur, Gazipur. Mail: aschowdhury88@gmail.com The Transgenders right KAMruL HASSAn (nAzMuL) A person whose self-identity does not confirm unambiguously to conventional notions of male or female gender we may called transgender or mostly common word Hijra. According to medical eyes, they are such persons whose body does not confirm to 'arbitrarily qualified' criteria either that of male or female physique and thus, confusing only so far their sex is concerned but are human beings. Therefore, being a creation of the Almighty there is no reason of not treating them as human having rights, liabilities and other privileges that naturally come along. Rightly, though from the beginning of the 20th century, countries of the then British-India, Nepal, Pakistan, Bangladesh and India began to recognize them as third gender . The transgender or third gender and other words in all of them most familiar word is hijra that the word 'hijra' comes from Semitic Arabic root through Urdu-Hindustani word means 'leaving one's tribe' (Alhawary & Benmamoun, 2005) in Bangladesh amuse people of a royal palace. It is also found in the same scripture that Ahiravana offers his life blood to goddess Kali (the goddess of power) to ensure the victory of the Pandavas and was granted the boon but as his last wish wanted to marry. As no woman would marry a man who is going to die within a few hours, Lord Krishna assumes the form of a woman and marries him. The hijras of south India claims that Ahiravana is their progenitor and call themselves aravanis. In the Ramayana, hijras are granted a boon by Rama as a reward of their devotion and possessed the ability to confer blessings to newborns and newlyweds. In Islam, no different rules are found by which hijras can practice the religion. In this subcontinent hijras incorporate Hinduism or Hindu culture. Nevertheless, these hijras do not hold lower status as Muslims than the Muslim men and women (Reddy, 2005). The Constitution of Bangladesh, being solemn expression of the peoples' will and the supreme law of the land, recognises and guarantees its citizens the fundamental rights in order to protect their life, liberty and property. In these endeavours, sovereign legislate various municipal laws to ensure 'legal rights' in line with constitutional commitments and pledges. Although, at times they lack behind or could not leave up to common expectations and required need, and this is where the gap exists, which in most cases, are the cause of social discontent and resentment. In the Indian subcontinent, citizens are governed by their own personal laws (unlike western world) in relation to family matters as well as inheritance and succession. There is fallacy that rights of the Hijras are not specifically defined, specially the right of inheritance. However, authoritative jurist by construing the teaching of Sunnah, Izma and Qiyas opined that in Islamic jurisprudence, there are provisions to determine the gender of such human beings and once that can be done, inheritance is matter of calculation only (since the laws of inheritance is gender-based under most of the personal laws). AHijra will be characterised as a male when he has sexual associations with his male reproductive organ, has capabilities of nocturnal discharge like men, is inclined to woman, produces facial hair and his testimony of his innerself. On the other hand, when a Hijra has sexual affairs with her female reproductive organ, becomes pregnant, practices menstruation, experiences growth of breasts like women along with lactation will be considered as female and thus, once the gender can be determined, the Hijra will succeed as male or female accordingly in all cases. However, if nothing or all of the above symptoms occurred, then such person will not be assigned a gender rather be termed as hermaphrodite difficulty/ 'khunthamushkil' and here exists difference of opinions amongst Islamic jurists as to their share of inheritance [according to Hanafi School, they always would inherit lesser of the male or female share, whichever share is smaller, either as male or female while Abdullah bin Abbas (RA) opined that they will get half of the combined shares (both as male and female), hence making it as average share], but no disagreement on the issue that Hijras would have rights of inheritance as discussed above The Constitution of Bangladesh, being solemn expression of the peoples' will and the supreme law of the land, recognises and guarantees its citizens the fundamental rights in order to protect their life, liberty and property. In these endeavours, sovereign legislate various municipal laws to ensure 'legal rights' in line with constitutional commitments and pledges. Although, at times they lack behind or could not leave up to common expectations and required need, and this is where the gap exists, which in most cases, are the cause of social discontent and resentment. and has been borrowed into Hindi. This Indian usage of the term 'hijra' has been translated into English as 'eunuch' or 'hermaphrodite' which mainly means irregularity of male genitalia. Basically they are born with male physiology; some of them are born with male intersex variations (Nanda S. , 1999). Hijras are considered as 'third gender', 'third sex' or in the language of their most widely known ethnographer, Serena Nanda, "Neither men nor Women". A generic description of Hijras might read something like this: they are socio-biological males who present women-like within a shifting constellation of meaning. The frequently derogatory use of the term Hijra and its synonyms has contributed to the circulation of regional terms such as aravani and kinnar; especially around the Chennai area, aravani is the preferred term and kinnar is fast gaining popularity in northern india as a form of self-identity (Puri, 2010). 'Eunuchs', 'transsexuals', 'effeminate men', and most recently 'transgenders, these are mobile identities of Hijras around the world. In two most celebrated epics (The Mahabharata and the Ramayana) that are accepted as scriptures by Hindu people, two different notions of hijras are found. In the Mahabharata, one of the heroes Arjuna takes up a disguise of a hijra or eunuch transvestite when he was in exile and performs dancing to across contemporary Muslim world like in Iran, Iraq, Egypt, Syria, Kuwait etc. and they made provisions to that effect within their national legal regime.Under the Dayabhaga School (prevailing law in Bangladesh) of Hindu jurisprudence the inheritance rule is also gender-based, and accordingly the same conceive that as Hijras are not categorised either as male or female, they remain excluded from inheriting their ancestral property. Bangladesh constitution already committed to promote, protect and fulfill the rights of all people regardless of sexual identity. This is an excellent decision to recognize the hijra community as another gender. But this recognition is nothing more . In the meantime, Bangladesh Prime Minister has to disclose her desire is that only one Hijra can be member of parliament on behalf of all Hijra's community over all country from women parliamentary reserved seats. Who will speaks in parliament about their right, dignity and various issues. Obviously best decision for Bangladeshi transgenders community if would be implement as well. The writer is an Advocate and Columnist, E-mail: khnazmul. law@gmail.com
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