....Last Updated: February 06, 2005  
 
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Alliance Against World Bank Immunity, Bangladesh
Statement on the draft The International Financial Organizations (Amendment) Act-2004 of Government of Bangladesh to provide immunity to the World Bank from legal procedures in the country.

 


1. The government of Bangladesh has drafted a law regarding giving Immunity to the World Bank from all legal procedures of the country, which will be presented in the next September session of the Parliament for its approval. The law will be named as The International Financial Organization (Amendment) Act-2004.

2. In order to operate in the partner- countries Word Bank has to follow an Article of Agreement, which has approval from it's Board of Directors. As per this article a law in the name of The International Financial Organization (Amendment) Act-1972, is already exists in the country. Under this law a variety of facilities have been made available for the World Bank. For example, world bank does not need to pay tax to the countries for it's income and properties, no legal action can be taken against any staff if he or she carries any activities as per the order of the world bank, no immigration laws can be applied for it's non-local staff.

3.Now World Bank is creating pressure on Bangladesh to have more absolute immunity as an institution from all legal proceedings of the country even which is not a statutory requirement or obligation of the countries where the Bank operate according to its article of agreement. And which is not within the frame of The International Financial Organization (Amendment) Act-1972. And this pressure has a link with the penalization of a case (case no-225/2000) by the ex-world bank Dhaka Based officer Ismat Zerin Khan. She was an employee of the Bank who was terminated. Zerin Khan than made an appeal to word bank Staff Association Tribunal that stated that there is a number of weakness and injustice in the dismissal. She fields this case in local court.

4. Despite facing the trial properly, World Bank has been making pressure on Bangladesh to immune himself or herself from any sort of legal procedure. But the article-8 The International Financial Organization (Amendment) Act-1972 and article-3 of 7of the Article of Agreement state that World Bank will not get immunity but as per article 8 of 7 it's staff will get the same as they have carried out the order. World bank has been exerting the pressure since 2001 i.e., from the time of caretaker government.

5. This amendment, which is proposing immunity to the Bank as an institution, is totally different from other partner countries of World Bank and as a result no citizen or state can file a case against World Bank if they are losers by the later. So it is violation of basic rights as mentioned in the constitution of Bangladesh and even if it is the violation universal human right.

We feel the Bank is a public institution although in spite of difference in relation to the voting power in the World Bank management system due to difference in yearly subscription and sharing in investment. Since partner countries invest those subscription and share out of public tax money, our demand World Bank must show accountable and transparent to the local people.

6. Although the Bank show the slogan " world without poverty" but World Bank and its supported institutions like IMF, IDA, and IBRD in fact have been working for protection of the interests of the multi national countries of the rich nations. In the name of financial assistance to the developmental project World Bank is serving the interests of a few vested people of the developing nations and so called advisors and intellectuals hired from rich nations.

7. We believe that the poor people, who are the victims of World Bank's sponsored projects, have the rights to sue them for compensation. To demand for legal justice from a public institution is a basic right of the people. We have achieved this constitutional right at the cost of our ancestor's blood in Bangladesh. We request to the government to dignify our constitutional rights by preventing World Bank enjoying such immunity from any legal implications.

In the same way we demand government to reconsider the law of immunity extended to the Asian Development Bank. Because this practice will encourage other donor agencies and multinational companies to come out with such demand of immunity which will destroy our entity as a sovereign nation.


8. We have arranged following protest activities against World Bank immunity.

a. 2nd September-2004, 10: AM. Press Conference at Dhaka Reporters Unity Auditorium, Dhaka

b. 4 to 9 September, Sending Fax to the decision making level of the government from all districts.

c. 4 to 9 September, Signature collection and street demonstration and meetings.

d. 4 to 9 September, Letter to the Hon'ble Members of Parliament.

e. 9 September, Mass Assembly at Sahbag, Dhaka, and Memorandum to the Hon'ble Speaker.


Alliance Against World Bank Immunity

Secretariat:

Alliance Against World Bank Immunity
C/O# Sushasaner Jonnoy Pracharavizan (SUPRO)
House # 9/4, Road# 2, Shamoli, Dhaka-1207
Ph # 8125181, 8154673, 0171-014203
Fax- 9129395, E-mail- supro@bd.drik.net

The alliance is composed of the following organizations:

YPSA-Chittagong, USAP-Lakshmipur, UBING, AFSC, FFD, NRDS-Noakhali, LIFD, CAB, Kormakutir, Karmajibi Nari, COAST, CUP, JJS-Khulna, DRC-Chittagong, The Innovator, Nagorik Uddog, Nirapod Naopat Bastobaion Jote, PAVE Trust – Bogra, Bangladesh Garments Workers Protection Alliance, VOICE, Mijanur Rahman Apel, RIO-Sylhet, LOKOJ, CDP-Khulna, SoDESH-Satkhira and Sushasoner Jonny Procharavizan.

 

 
Draft copies of letters that you can send to the Prime Minister of Bangladesh and World Bank Official as an act against giving immunity to World Bank in Bangladesh
>> To : Begum Khaleda Zia
Honorable Prime Minister
The Government of People’s Republic of Bangladesh

Attention Principle Secretary to the Prime Minister
E-mail: pmo@pmobd.org
Fax: 880-2-8113244 / 880-2-8111015

Subject: Reconsider the Immunity to World Bank

Dear Madam

We come to know that your government is going to pass an act to provide Immunity to the World Bank from all judicial procedure of the country. We request you to reconsider the act in view of following.

1. This is against the universal human rights of individual’s access to justice,
2. This is an extra demand which has not elaborated in the Article of Agreement of World Bank,
3. If such immunity is given to World Bank then this will be a bad instance that the bank will pressurize other developing countries for this.

We hope, you will reconsider this for the interest of the other developing countries and oblige thereby.

Sincerely yours,

 

 
>> To
The Country Director
The World Bank

Subject: Please restrain the World Bank from giving pressure to the Government of Bangladesh for having immunity of judicial procedure of the country.

Dear Sir

We came to know that due to the pressure from World Bank authority the government of Bangladesh has drafted a law (The International Financial Organization (Amendment) Act, 2004) to provide immunity to the Bank as an institution from all judicial process.

World Bank country office in Bangladesh has been giving pressure to the government since 1991 due to the fact that one of their ex-staff lodged case in a court of Bangladesh as she was terminated in a unjustified process.

There is a law titled “ The International Finance Organization Order 1972” which has provided facilities to the Bank and its staff in view of the prototype “article of agreement” of the bank with member countries.

We consider if this law is passed then it will be a violation of constitutional rights and basic universal human rights of access to justice and it will create an bad instances especially for the developing countries that any of donors even the multinational company will come forward to pressurize governments to provide such blanket immunities.

We request you to exert your influence to the Bank and other agencies so that the Bank will not ask the government to pass law.

Sincerely yours,

 
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SUPRO ( Campaign for Good Governance )
House 13/3, Road 2, Shamoli, Dhaka-1207.
Phone (PABX): +880-2-812 5181, 815 4673, +880174 014 203
Fax: +880-2-912 9395, Email: info@supro.org