Bangladesh Resource Centre for Indigenous Knowledge (BARCIK/IARD) is a non-governmental organization that works for the inclusion of indigenous knowledge in development initiatives and thus tries to establish a stand to improvise the features of intellectual property rights in favor of grassroots people. I was involved in its publications for last one year and my responsibilities included preparing a monthly newsletter and a quarterly journal in Bangla. Throughout the time I kept myself continuing the monthly (where, despite my almost-sole contribution, I was mentioned as an editorial member along with many non-involved others in the printers line) and prepared a script for the quarterly Bangla journal. As the proposed executive editor of that quarterly, I have played all possible roles of an executive editor like collecting writings and seeking author's permission to publish them in Bangla, rewriting thoroughly some half-done translations and taking care of local articles; overall planning that includes writing every prologues and the editorial. Then, one fine morning I submitted a soft copy of the journal to the Director of BARCIK/IARD.
But unfortunately this script has been remaining unpublished for months and quite surprisingly, the printing process started when I was suddenly and mysteriously asked to discontinue with this assignment. Without any prior notice I found my poor name was discarded in the printed journal, where I was supposed to be the executive editor.
If the protector himself play the role of devastator there is nothing to do'. I am saying this because BARCIK is also very vocal in favor of the protection of 'Intellectual Property Rights' of the poor people as this issue is very much of a 'hot potato' in development throughout the world. BARCIK always tries to show how much concerned it is against the bio-piracy in order to protect the IPR. But in my case their explanation was that I was 'paid' for this work. Does it reflect the voice of a real IPR protector? I became mentally upset hearing this reply. It was a big shock for me. After playing all possible roles of the executive editor of that journal, I found my name was nowhere on the credit line. Only I was mentioned for my 'assistance' in an odd sentence in the last paragraph of the editorial and unfortunately rest of the editorial was written by me. It gives me pain when I found all my works that I produced in many sleepless nights were stolen in such a way. I have committed to do this work for BARCIK as I wanted to learn regarding the indigenous knowledge issues. But this unethical act has ruined my dream.
Finally, I cannot help leaving a question to all development thinkers: if the so-called advocate of development were so much disrespectful to the IPR issue of an editor like me -- how the knowledge of the poor and indigenous people would survive?
Sumon Rahman,
House No. 16 (forth floor), Road No. 11
Nikunja-2, Dhaka 1229.

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Keep the judiciary beyond dispute

The judiciary being the conscience of the country, the guardian of constitution, the last faith of the people, we should not make it disputed. But recently, confirmation of 5 additional judges and appointment of Mr Justice M. M. Ruhul Amin to the Appellate Division of Supreme Court superseding a senior judge of the High Court Division has created debate about the transparency in appointment process. Article 95(1) of our constitution says, "Chief Justice and other judges shall be appointed by the President." So according to Article 95(1) there is no obligation on the part of President to appoint senior most judges of the Appellate Division as chief justice. It has been a constitutional convention that senior most judge of the Supreme Court is appointed as Chief Justice. And President should consult with the Chief Justice before appointing other Supreme Court judges. After Mr M Reza Chowdhury's (c.j) retirement, K.M. Hasan has been appointed as Chief Justice superseding other two judges. During last govt. Justice Ruhul Amin and Justice Fazlul Karim were appointed superseding the present CJ K M Hasan. So, our law minister said that previous govt. did injustice to K M Hasan and they undid that. Now a question has raised, who will undo the new injustice?
Executive should keep the judiciary above political controversies. If judges are appointed from political consideration, it is impossible for them to act impartially. This may result to break down of public confidence on judiciary.
So, please maintain constitutional convention and seniority in appointment of Supreme Court judges and restore the original constitutional provision to ensure the transparency and independence of judiciary and take necessary steps for quick separation of power.
Tipu,
Department of Law, Dhaka University.