AMBASSADOR'S INTRODUCTORY MEETING WITH LAW MINISTER

C O N F I D E N T I A L DHAKA 002451

SIPDIS

SIPDIS

E.O. 12958: DECL: 04/24/2010
TAGS: BG PGOV PREL PTER
SUBJECT: AMBASSADOR'S INTRODUCTORY MEETING WITH LAW MINISTER

Classified By: Ambassador Patricia Butenis, reasons para 1.4d


1. (SBU) Summary: Law Minister Ahmed stated that legislation
to separate the judiciary from the executive branch will be
presented to parliament before the caretaker government takes
over in October. He agreed to support a financial crimes task
force and accepted RLA's assistance in drafting language for
a provision to include "international cooperation" in the
Anti-Terrorism Act. End Summary.


2. (SBU) On April 23, Ambassador paid an introductory call on
Law Minister Moudud Ahmed. Present at the 30-minute meeting
were Attorney General Muhammad Ali, Additional Secretary
Chowdhury, and RLA (notetaker).


3. (C) Ahmed stated that the BDG is preparing legislation
following a High Court order which, in the next six years,
will phase out magistrates appointed by the executive branch
and replace them with those appointed by the judiciary. The
next session of Parliament is very short, he noted, but the
judiciary bill will be presented after the budget is passed.
He said that the measure faced stiff opposition from BNP MPs
who do not want to lose their power over judicial
appointments.


4. (SBU) Asked about the implementation status of the 2004
EPZ labor rights law. Ahmed said that in accordance with the
law welfare organizations at factories have been phased out
and workers can now form "associations" at the factory level.
If a company has five factories, there would be five
associations, but they would have to bargain with employers
as a group. The next and final phase of the law will be the
introduction of federations of labor organizations.


5. (C) With regard to the draft Anti-Terrorism Law, Ahmed
stated that a provision for international cooperation was
removed at a cabinet meeting. He said Bangladesh did not
want to be compelled to share information with "unfriendly"
countries. (Note: "Unfriendly" means India.) The same
effect, he claimed, could be achieved with an administrative
order. Ahmed welcomed Ambassador's suggestion that RLA work
with the Law Ministry on draft language to save the
provision.


6. (SBU) Ahmed agreed to the Ambassador's proposal that the
Law Ministry support RLA's initiative to set up a financial
crimes task force with dedicated prosecutors working side by
side with law enforcement and the central bank.


7. (SBU) Ahmed stated that his recent trip to the U.S. was
"very good". He met with the World Bank about their legal
strengthening program in Bangladesh, and received a briefing
at the Justice Department on Alternative Dispute Resolution
(ADR). Ahmed said he launched a campaign for using ADR in
civil cases. As a result, 9,000 cases in Bangladesh have been
resolved through ADR, each one of which could have taken
years of litigation.


8. (SBU) Comment: Passage of the judiciary separation
legislation is a crucial step to an independent judiciary.
The legislation was speeded up by a recent High Court order
threatening 12 government officials with contempt of court
for ignoring prior Court orders on this matter over the last
four years. Separation of the judiciary was also a BNP
campaign promise in 2001.
BUTENIS