Editorial
Phulbari decision
Govt must follow set procedures in cancelling agreement
This is no commentary on the pros and cons of the Asian Energy coalmine project nor is it an attempt, overt or covert, being made to support the agreement that successive governments had reached with the expatriate exploration company. What we basically intend to do is to focus on the way the contract has been all but scrapped subject to what we understand to be the mere technicality of a cabinet nod. By a strange asphyxiation of governmental authority before a mounting pressure of agitation triggered by reckless firing on demonstrators, Rajshahi mayor Mizanur Rahman Minu was authorised to deal with an issue that centred the fate of a contract signed between sovereign Bangladesh government and Asia Energy. The very choice of the mayor, and not the relevant authorities dealing the energy issues clearly indicates that political expediency dominated the decision process and not the legal niceties, nor public interest. There must be a legal and official process invoking the relevant provisions in the agreement whereby it could be amended or even annulled. Many countries have amended and rescinded agreements with international parties but they had to go through the drill, a certain mutually agreed upon procedure to be doing so. In fact, the contract contained provisions offering options for safeguarding public interest and fulfilling their aspirations. And if there were any lacunae, as indeed there were, such could be attempted to be remedied through further negotiation. There is absolutely no question about accepting any anti-people agreement. Throughout the sordid episode over the last few days, there appeared to be a total lack of government control over the events. Starting with the completely unjustified police firing to the setting on fire of Asia Energy offices, events looked as if there was no government in that area. We seem to be completely oblivious of the international legal framework under which foreign investment takes place and the responsibilities and obligations of national government under it. The way the government handled the Phulbari episode has greatly damaged Bangladesh's standing in the global financial scene and may even erode their confidence in any future agreements that our government signs.
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