BANGLADESH GOVERNMENT PASSES NEW RULES ON STATE OF

C O N F I D E N T I A L SECTION 01 OF 02 DHAKA 000159 SIPDIS SIPDIS E.O. 12958: DECL: 01/30/2017 TAGS: KDEM PGOV PHUM PREL BG SUBJECT: BANGLADESH GOVERNMENT PASSES NEW RULES ON STATE OF EMERGENCY Classified By: Amb. Patricia A. Butenis for reasons 1.4 (d) ¶1. (SBU) SUMMARY. The government has released rules further specifying its emergency powers. The scope is broad, ranging from political to commercial activities, but many of the powers are discretionary as opposed to outright bans. The rules do, however, prohibit media criticism of the government, but so far are generally being ignored. END SUMMARY. ¶2. (SBU) On January 12, President Iajuddin Ahmed issued "Emergency Powers Ordinance 2007," one day after declaring a state of emergency and stepping down as Chief Advisor. On January 25, the government, through a gazette notification on "Emergency Powers Rules 2007," further defined government curbs on political activity and press freedoms. "EMERGENCY POWERS ORDINANCE" OF JANUARY 12 ========================================== ¶3. (SBU) The Emergency Powers Ordinance has three stated purposes: to guarantee security, protect law and order, and prevent harm to the economy. The ordinance empowers the government to restrict activities that are "subversive" or which may "create panic in public life." It also restricted acts that could harm Bangladesh's foreign relations, foster conflict between different sections of society, or cause unrest. Specifically, the ordinance: A) Empowers the government to change laws retroactively, or introduce new rules, to enforce the ordinance. B) Authorizes the government to suspend or restrict the activities of all political parties, trade unions, clubs and associations. C) Authorizes the government to ban the publication of books, articles, broadcasts or news that is deemed to be detrimental to "public safety." It also authorized the government to seize printing presses and other media equipment. D) Prohibits disruption of the delivery of goods and services, and guarantees the security of all ports of entry, border crossings, transportation infrastructure and facilities, and business centers. E) Authorizes the government to arrest, detain, or restrict the movement of anyone committing activities "harmful to the relations with a foreign country" or contrary to the public interest. F) Authorizes the government to control entry, stay, and visit of anyone to Bangladesh. G) Permits the government to control, disrupt or block any type of communication (including mail, Internet, and telephone messages). H) Authorizes the government to control trade and business and ensure the smooth flow of essential supplies throughout the country. It also allows the government to take control of any organization providing essential services and take preventative measures against hoarding, black marketeering, and profit-gouging. I) Authorizes the government to arrest and try anyone believed to be violating the provisions of the Emergency Ordinance. It also permits capital punishment, life sentences, and lesser terms in jail as penalties. J) Prohibits complaints about the ordinance from being raised in "any court" and protects from civil or criminal court suits those implementing the ordinance. It also prohibits anyone from filing civil or criminal suits against the government in court regarding the ordinance. "EMERGENCY POWERS RULES" OF JANUARY 25 ====================================== ¶4. (SBU) On January 25, the government promulgated more specific rules regarding political activity and that also limited how the media could report political activities and criticize the government. The rules restricted processions, demonstrations, strikes, "sieges," and political meetings, and stipulated a maximum five-year jail sentence for violators. The new rules also further defined the right of DHAKA 00000159 002 OF 002 the government to ban news, talk shows, and the dissemination of information detrimental to security or the government, and restricted "provocative remarks or activities," cartoons, effigies and drawings deemed critical of the government. ¶5. (SBU) The new rules empower the government to enlist "other law enforcement agencies" -- i.e., the paramilitary Rapid Action Battalion and the army -- to support the police in implementing the ordinance. Under the ordinance, law enforcement agencies are tasked to take steps against illegal arms, sabotage, hoarding, adulterating foods and medicines, and a wide range of other offenses deemed contrary to the public interest. The ordinance provides for cases filed under these provisions to be adjudicated by "speedy trial courts and tribunals" and waives the right of arrestees to bail. IMPACT ON MEDIA STILL UNCLEAR ============================= ¶6. (SBU) One television news director told us media outlets were given a six-page set of guidelines on how to cover the news and were receiving daily phone calls from the government to "check in" with them. He said the specific penalties for infractions were unclear, and that the print press is ignoring many of the guidelines. An official of the Directorate General of Forces Intelligence allegedly called most media outlets after the state of emergency was declared to ask them to clear any military-related stories with the military's Office of Inter-Service Public Relations. While many media outlets complied with this request, those that did not were not penalized. ¶7. (SBU) According to some newspaper journalists, the print press generally has been told by editors not to worry as long as their reporting is backed by facts. Mahfuz Anam, editor of the English daily newspaper The Daily Star, wrote an editorial in the January 28 edition criticizing the press restrictions as draconian and warning the government that the support it had received from the media was quickly eroding because of the imposition of these restrictions. COMMENT ======= ¶8. (C) The practical effects of these new rules have yet to be felt. Many provisions empower the government to take action at its discretion, and are not outright prohibitions. Although newspapers still feel free to push the government, particularly on op-ed pages, some are exercising self-censorship and refraining from strong criticism, clearly intimidated by the new decrees. In addition, the Bangladeshi media have traditionally steered clear of any reporting on the military. BUTENIS