Kamal Hossain
Kamal Hossain | |
---|---|
কামাল হোসেন | |
Foreign Minister of Bangladesh | |
In office March 1973 – August 1975 | |
President | Abu Sayeed Chowdhury Mohammad Mohammadullah Sheikh Mujibur Rahman |
Prime Minister | Sheikh Mujibur Rahman |
Preceded by | Abdus Samad Azad |
Succeeded by | Abu Sayeed Chowdhury |
2nd Petroleum Minister of Bangladesh | |
In office 1974–1975 | |
President | Mohammad Mohammadullah Sheikh Mujibur Rahman |
Prime Minister | Sheikh Mujibur Rahman |
Preceded by | Mofiz Chowdhury |
Personal details | |
Born | Calcutta, Bengal, British India | 20 April 1937
Nationality | Bangladeshi |
Political party | Gano Forum |
Spouse | |
Children | Sara Hossain, Dina Hossain |
Alma mater | [1] |
Occupation | Lawyer, politician and academic |
Known for | One of the key authors of the Constitution of Bangladesh |
Kamal Hossain (born 20 April 1937), better known as Dr. Kamal is a founding leader, lawyer and politician of
Hossain studied in the United States at the
Hossain served in Bangladesh's first post-independence government from 1972 to 1975 as
Hossain survived the 1975 Bangladesh coup while on a tour of Yugoslavia.[7] He became based in Oxford University during the late 1970s as a visiting research fellow. In 1981, he ran as an opposition candidate for president against Abdus Sattar. Hossain fell out with Awami League president Sheikh Hasina during the 1990s, and formed the Gono Forum (People's Forum) party. Hossain has often worked with the United Nations and the Commonwealth of Nations. He was also considered as a candidate for the post of UN Secretary General.
Described by journalist Mizanur Rahman Khan as the "conscience of the nation",
Early life
Hossain's family belongs to one of the
Kamal Hossain was born on 20 April 1937 in Calcutta. His family moved to
He has cited Justice Fazal Akbar as an inspiration to study law. Hossain moved to England from the U.S. in 1958, traveling to London by ship. In England, he met future professor Rehman Sobhan. In 1959, Hossain received a Bachelor of Civil Law degree from the University of Oxford and enrolled as a barrister in Lincoln's Inn. He also enrolled as an advocate in the High Court of East Pakistan. Hossain received a Doctor of Philosophy degree in international law from Oxford in 1964, with his dissertation "State Sovereignty and the United Nations Charter".[11]
East Pakistan
Hossain began his practice at Original (one of the oldest law firms on the Indian subcontinent, which had established a division in East Bengal during the 1950s), and was invited to join the firm by lawyer Abul Ahmad. At Original, Hossain worked with two Englishmen and Justice Mohammad Hossain. Hossain was at Original from 1959 to 1962, when he came into frequent contact with barrister and former prime minister Huseyn Shaheed Suhrawardy. Pakistan had come under military rule after a 1958 coup, and Hossain has recounted that he and Suhrawardy often zigzagged their car through Dhaka's streets to confuse (and evade) Pakistani-intelligence vehicles.[11] Through Suhrawardy, Hossain came into contact with Sheikh Mujibur Rahman. He has said that Rahman predicted the collapse of Ayub Khan's regime in 10 years (which it did, in 1969).[11]
Hossain defended
He joined
During the
Kamal Hossain was the Awami League's chief political negotiator.
Bangladeshi political career
Hossain was imprisoned in
Hossain was appointed as the first law minister of the newly formed country. One of his chief responsibilities was to frame a
However, the constitution also included references to
Hossain served as a
Hossain was a signatory to the
Hossain was also appointed as energy minister. The 1973 oil crisis began to push developing countries like Bangladesh to explore their own oil and gas reserves. There was speculation of large reserves in the Bay of Bengal. Hossain began to study the legal reforms needed for Bangladesh to launch a hydrocarbon industry. 40 foreign companies applied to explore the bay.[15] Under Hossain's tenure in the ministry, Petrobangla was established. Hossain drafted the Bangladesh Petroleum Act after studying the laws of Malaysia and Indonesia. The new law replaced colonial laws and introduced the Production Sharing Contract for multinational energy firms in the country.[15]
Hossain offered to resign on several occasions because of pressure due to the Awami League's lobbying activities.
On BAKSAL, Hossain has said "Till 1971 I had not seen any differences between Mujib Bhai (the friend) and Bangabandhu (the leader). After 1972, he became the head of state. But, he never was both the head of the state and head of the party simultaneously. That change came later during the formation of BAKSAL. And that happened in a very complex situation. Through what dynamics he (Mujib) changed I cannot understand".[15]
The next government, which assumed power after Mujib's killing, functioned as a
In 1981, Hossain was instrumental in orchestrating
In 1992, differences between Hossain and Awami League president Sheikh Hasina caused him to leave the party. He set up a small political party called Gano Forum. In 1996, when the Awami League and Bangladesh Nationalist Party (BNP) were at loggerheads, Kamal Hossain and Syed Ishtiaq Ahmed devised a formula that culminated in the introduction of the system of caretaker governance for holding general elections. Similar caretaker governments headed by judges were later adopted in Pakistan, Greece and Bhutan.[22][23][24]
In 2003, Hossain was the counsel for
Hossain has criticized
In October 2018, Kamal Hossain announced a new alliance called Jatiya Oikya Front (National Unity Front), which received backing from the BNP. Hossain addressed political rallies in different Bangladeshi cities during October and November 2018. He addressed a rally in Sylhet on 24 October.[31] In Chittagong on 27 October, he warned the Hasina government of legal consequences if the opposition's election demands were not met.[32] At a rally in Suhrawardy Udyan in Dhaka on 6 November 2018, Hossain said "The state does not belong to any king or queen. It is the people who are the sole owners of the state and their ownership must be realized".[33]
He secured a major breakthrough in Bangladeshi politics by requesting Prime Minister Sheikh Hasina to have a dialogue with the BNP.
The official campaign period began on 8 November 2018. Previous free and fair elections in Bangladesh were usually a festive affair. Despite the dialogue and assurances of a peaceful election atmosphere from Prime Minister Sheikh Hasina, the campaign period was marked by persecution of civil society, media and the opposition; and human rights abuses by security forces. Human Rights Watch noted that "widespread surveillance and a crackdown on speech, have contributed to a climate of fear extending from prominent voices in society to ordinary citizens."[40] The Awami League's affiliated student and youth wings mobilized its members who were armed with bamboo poles to attack the opposition.[40][41] Hossain's motorcade was attacked on 14 December 2018.[42]
The
The United States (Bangladesh's largest foreign investor) and the European Union (Bangladesh's largest export market) issued statements concerning the credibility of the election.[46] The EU statement stated that "The European Union expects the country to move forward towards democracy, respect of human rights and fundamental freedoms. We will continue to support the work in this context, in the interest of the people of Bangladesh. The relevant national authorities should now ensure a proper examination of allegations of irregularities and commit to full transparency in their resolution".[47] The US State Department stated "We strongly encourage all parties to refrain from violence and request the Election Commission work constructively with all sides to address claims of irregularities. Bangladesh's impressive record of economic development and respect for democracy and human rights are mutually reinforcing, and we look forward to continue working with the ruling government and opposition towards advancing these interrelated goals".[47]
Notable legal cases
Between 1977 and 2001, Hossain served as an international consultant for the multinational law firm Clifford Chance. He was also President of the Supreme Court Bar Association (1990–1991), the professional association of law practitioners in the Supreme Court of Bangladesh.[6]
Scimitar v Bangladesh
Kamal Hossain and Justice Badrul Haider Chowdhury led the Bangladeshi legal team during a lawsuit filed by Scimitar Exploration Ltd at the International Centre for Settlement of Investment Disputes (ICSID).[16]
Chevron v Bangladesh
Kamal Hossain represented Petrobangla in a lawsuit filed by Chevron at the International Centre for Settlement of Investment Disputes. The court rejected Chevron's claims from Petrobangla amounting to US$240 million.[48]
Role in the international area
Hossain is renowned worldwide as a jurist and enjoys a long-standing association with the United Nations. Between 1998 and 2003, he served as the
At the urging of the UN, Hossain advised China on energy-related legal reforms after the Asian giant began to liberalize its economy.[6]
He is a member of the Panel of Arbitrators at ICSID and served as chair and member of a number of international arbitral tribunals (
He has also been vice chairman of the International Law Association in London, chairman of the South Asian Institute of Advanced Legal and Human Rights Studies (SAILS), and advisory council member for Transparency International. He has been an international election observer.
At the request of Commonwealth Secretary-General Emeka Anyaoku, Hossain visited Cameroon and The Gambia to assess the conditions of democracy, human rights and the rule of law. The Secretary-General entrusted a team including Hossain with assessing Cameroon's eligibility for Commonwealth membership. He also led Commonwealth missions on energy-related matters. He was part of the Commonwealth observer team during the 1994 South African general election.[6] Hossain was a counsel to the governments of Trinidad and Tobago, Grenada, the Cayman Islands, Fiji and the Solomon Islands.[6]
Public perception
Hossain is the vanguard of liberal, secular politics in modern Bangladesh. He has been described as the "elder statesman" of Bangladesh,[50] a "father figure" in the political arena;[51] and the "conscience of the nation".[8] An article in The Daily Star on the occasion of Hossain's 70th birthday states "If anything, in these past many years, he has in a way been transformed into an effective moral voice for the country. His opinions on the issues that matter, his presence on the national and global stage, all of these have reinforced our feeling that this man of the law also happens to be our point of reference on all other matters which exercise our imagination".[52] In 1981, The New York Times reported that Western diplomats compared Hossain to the former US senator and presidential candidate Adlai Stevenson, who was reputed for his intellectual demeanor.[53] In 2018, an article in The Diplomat magazine described Hossain as a "shrewd" back-channel player.[54]
In regional neighbors India and Pakistan, Hossain is celebrated as a secular icon with impeccable credentials.[3][55] Hossain delivered a speech at the Pakistan Institute of International Affairs in 2012, which was titled "Building a peaceful South Asia in response to the aspirations of all our peoples".[56]
Political criticism
During the 2018 election campaign, Shah Ali Farhad, who works in the Awami League's Centre for Research and Information, wrote in the Bangla Tribune that Kamal Hossain was a "not so conscientious" politician.[57] He criticized Hossain for holding the presidency of Gono Forum since its founding, arguing that the party had "no prospects of a new leadership in sight".[57]
Arun Kumar Goswami, a political science professor at Jagannath University, criticized Hossain for not being a mass leader, stating "The politics Dr. Kamal Hossain wants to introduce would not work in Bangladesh. You cannot succeed in politics here without having connection with the people". Goswami was in turn refuted by Moudud Ahmed, who stated "I can refer a number of politicians who succeeded with lesser contact with people than that of Dr. Kamal Hossain".[58]
In response to Hossain's demand for a caretaker government in 2018, Sheikh Hasina said such a provision was not included in Bangladesh's first constitution drafted by Hossain himself under her father's tenure.[36] The BNP responded to this charge by pointing out that Hasina herself led the campaign for starting caretaker governance for elections in 1996.[36] Former president A. Q. M. Badruddoza Chowdhury and his son Mahi B. Chowdhury initially supported Hossain as part of the National Unity Front, but later switched to support for the Awami League and began to criticize Hossain's political ambitions.
During a hearing in the Supreme Court in 2017, Hossain used an expletive against Attorney General Mahbubey Alam and was censured by chief justice Surendra Kumar Sinha.[59]
During the election campaign period in December 2018, Hossain was asked about the underground relationship between the BNP and the Jamaat. Hossain told the reporter to "keep quiet" but later regretted his reaction after protests from two journalist trade unions.[60][61] He later called the BNP-Jamaat relationship "stupid".[20][62]
Writings
Hossain published a work on petroleum law in 1979. The book was titled Law and policy in petroleum development: Changing relations between transnationals and governments. In 2013, Oxford University Press published Hossain's memoir, titled Bangladesh: Quest for Freedom and Justice. Hossain also authored a book in Bengali in 1994, titled Svāẏattaśāsana theke svādhīnatā (Civil government and independence).
Academic
Hossain taught constitutional law and international law at
Personal life
Hossain married Hameeda Hossain in 1963.[11] He has two daughters, including the leading Bangladeshi civil rights lawyer Sara Hossain and the film maker Dina Hossain. His son-in-law (through Sara Hossain) is British journalist David Bergman.[63]
References
- ^ "Lecture Series - Biography - Dr. Kamal Hossain, Barrister, Senior Advocate, Supreme Court of Bangladesh" (PDF). The United Nations Office of Legal Affairs. 6 November 2020. Retrieved 6 November 2020.
- ^ Faisal Mahmud (13 October 2018). "Bangladesh election: Allying with Kamal Hossain boosts Khaleda Zia's party against Sheikh Hasina". Scroll.in. Retrieved 23 November 2018.
- ^ a b c d "In Bangladesh, a Secular Icon and the Centre-Right Opposition Join Hands".
- ^ "Dr Kamal elected Gono Forum's emeritus president". The Daily Star. 27 October 2023. Retrieved 27 October 2023.
- ^ "Struggle for the Soul of Bangladesh". Tony Blair Institute for Global Change. 5 December 2014.
- ^ a b c d e f "Interview with Kamal Hossain". Commonwealth Oral History Project. 13 July 2015. Retrieved 2 January 2019.
- ^ "Dr Kamal contradicts Hasina's comments". The Daily Star. UNB. 20 May 2014.
- ^ a b Khan, Mizanur Rahman (21 April 2017). "'Conscience of the nation' turns 80". Prothom Alo (Opinion). Retrieved 23 November 2018.
- ^ "In Bangladesh Election, The Aura Of Two Dead Leaders Is Pervasive". The New York Times. 14 November 1981. Retrieved 24 September 2018.
- ^ a b c "Dr Kamal Hossain" (PDF). United Nations Audiovisual Library of International Law. Retrieved 24 September 2018.
- ^ a b c d e f g h i j k l m n o Tokai (27 November 2015). "History Wars: Kamal Hossain Interview (Part 1)". Alalodulal.org. Retrieved 24 September 2018.
- ^ Ahmed, Siraj Uddin (2010). "শায়েস্তাবাদের জমিদার পরিবার" [The zamindar family of Shayestabad]. বরিশাল বিভাগের ইতিহাস [History of the Barisal Division] (in Bengali). Vol. 1. Dhaka: Bhaskar Prakashani.
- ^ a b Ahsan, Syed Badrul (31 October 2018). "Story of a political negotiator". Dhaka Tribune (Opinion). Retrieved 23 November 2018.
- ^ Syed Badrul Ahsan. "Kamal Hossain in Bangladesh's history". bdnews24.com (Opinion). Retrieved 23 November 2018.
- ^ a b c d e f g Tokai (28 November 2015). "History Wars: Kamal Hossain Interview (Part 2)". Alalodulal.org. Retrieved 24 September 2018.
- ^ a b c d Tanim Hussain Shawon (3 November 2018). "The conscientious Dr Kamal Hossain". Dhaka Tribune (Op-ed). Retrieved 23 November 2018.
- ^ "On Realising Our Constitutional Dreams". Forum. The Daily Star. Retrieved 23 November 2018.
- ^ "Foreign Relations of the United States, 1969–1976, Volume E–8, Documents on South Asia, 1973–1976". Office of the Historian. 30 September 1974. Retrieved 24 September 2018.
- ^ "Text of the tri-patriate agreement of Bangladesh-Pakistan-India". Bangladesh Genocide Archive. 2 March 2008. Retrieved 23 November 2018.
- ^ a b "Bangladesh election: I am no challenger… just working to restore rule of law, democracy in Bangladesh, says Kamal Hossain". The Indian Express. 27 December 2018.
- ^ Auerbach, Stuart (15 November 1981). "Slain Leaders Haunt Bangladesh Campaign". The Washington Post. Retrieved 24 September 2018.
- ^ "His Majesty appoints interim government". KuenselOnline. Retrieved 23 November 2018.
- ^ "Greek caretaker government takes office". Financial Times. 17 May 2012. Archived from the original on 11 December 2022. Retrieved 23 November 2018.
- ^ "Pakistan's ex-chief justice Nasirul Mulk takes oath as caretaker Prime Minister". The Indian Express. Retrieved 23 November 2018.
- ^ "Editors of Daily Star, Prothom Alo get bail in defamation case by SQ Chowdhury". The Daily Star. 12 June 2003. Retrieved 23 November 2018.
- ^ "Kamal Hossain accused guardians of constitution of violating it". bdnews24.com. 9 March 2005. Retrieved 23 November 2018.
- ^ "Yunus challenges removal from Grameen in Court". Rediff.com. 3 March 2011. Retrieved 23 November 2018.
- ^ "HC orders further health examination of Shahidul". New Age.
- ^ "Court inside jail absurd: Dr Kamal". The Daily Star. Retrieved 23 November 2018.
- ^ Mahmud, Faisal (26 September 2018). "Book by ex-Bangladesh Chief Justice stirs controversy". Asia Times. Retrieved 23 November 2018.
- ^ Md Serajul Islam, Sylhet (24 October 2018). "Dr Kamal: Jatiya Oikya Front will come to power through united movement". Dhaka Tribune. Retrieved 2 January 2019.
- ^ Anwar Hussain, Chittagong. "Dr Kamal to govt: Meet our 7 demands, or face trial". Dhaka Tribune. Retrieved 23 November 2018.
- ^ "Public gathering at Suhrawardy Udyan for Jatiya Oikyafront rally". The Daily Star. Retrieved 23 November 2018.
- ^ a b Partha Pratim Bhattacharjee and Mohammad Al-Masum Molla. "Jatiya Oikyafront's dialogue with AL Alliance begins at Gono Bhaban". The Daily Star. Retrieved 23 November 2018.
- ^ "Dialogue initiative remarkable". The Daily Star. 31 October 2018. Retrieved 17 December 2018.
- ^ a b c "Talk they talked". The Daily Star. 8 November 2018. Retrieved 17 December 2018.
- ^ "EC-Kamal meeting in progress". UNB. Retrieved 17 December 2018.
- ^ "Kamal Hossain attends Bangabhaban event on Miladunnabi". bdnews24.com. Retrieved 17 December 2018.
- ^ "Dr Kamal, Fakhrul join Armed Forces Day reception". The Daily Star. 21 November 2018. Retrieved 17 December 2018.
- ^ a b "Bangladesh Election Crackdown on Political Opponents and Critics". Human Rights Watch. 22 December 2018. Retrieved 2 January 2019.
- ^ "Mirza Abbas comes under attack during general election campaign". The Daily Star. 15 December 2018. Retrieved 2 January 2019.
- ^ "Bangladesh: Senior opposition leader's motorcade attacked in Mirpur". The Indian Express. Retrieved 2 January 2019.
- ^ "Bangladesh election: PM Sheikh Hasina wins landslide in disputed vote". BBC News. Retrieved 2 January 2019.
- ^ "Bangladesh ruling party landslide win". ucanews.com. Retrieved 2 January 2019.
- ^ I hope the international community will take note of the current situation in Bangladesh. And on the basis of the United Nations charter and resolutions, it shouldn't recognize any government which doesn't have the consent of the people.
- ^ "EU, US denounce Bangladesh election violence, irregularities". CNA. 2 January 2019. Archived from the original on 12 April 2019.
- ^ a b "Parliamentary elections: Tainted polls, says EU as US finds people's faith undermined in electoral process". Dhaka Tribune. 2 January 2019.
- ^ "Int'l court rejects Chevron claim". The Daily Star. 19 May 2010. Retrieved 17 December 2018.
- ^ Talukder Maniruzzaman (27 June 2006). "The Daily Star Web Edition Vol. 5 Num 740". The Daily Star. Retrieved 2 January 2019.
- ^ "Kamal Hossain . . . Our elder statesman". bdnews24.com (Opinion). 20 April 2017.
- ^ "Watch: Zafar Sobhan sits down with Afsan Chowdhury for some Straight Talk". Dhaka Tribune. 5 November 2018.
- ^ "Dr. Kamal Hossain - SAF Chairperson - Bangladesh".
- ^ Kaufman, Michael T. (14 November 1981). "In Bangladesh Election, the Aura of Two Dead Leaders is Pervasive". The New York Times.
- ^ "Can an Aspiring Political Movement Upend the Bangladeshi Elections?". The Diplomat.
- ^ "Sheikh Hasina wins big: But could a secular opposition formation be taking shape in Bangladesh?". The Times of India. 1 January 2019.
- JSTOR 24711446.
- ^ a b "The not so conscientious Dr. Kamal Hossain". Bangla Tribune (Opinion). Retrieved 17 December 2018.
- ^ "Political Protégé of Bangladesh PM's Father Vows to 'Restore Democracy'". BenarNews. Retrieved 17 December 2018.
- ^ "Dr Kamal Hossain calls attorney general 'bastard' at chief justice's court". bdnews24.com. Archived from the original on 17 December 2018. Retrieved 17 December 2018.
- ^ "Shut up: Dr Kamal Hossain to reporters". bdnews24.com. 14 December 2018. Retrieved 2 January 2019.
- ^ "Dr Kamal says sorry". The Independent. Dhaka. 16 December 2018. Retrieved 2 January 2019.
- ^ "'Fielding ex-Jamaat people is stupid': Dr Kamal Hossain tells Indian newspaper". bdnews24.com. 27 December 2018. Retrieved 2 January 2019.
- ^ "Nurul Kabir to continue his defence on Dec 20". bdnews24.com. 1 December 2011. Retrieved 17 February 2013.
External links
Lectures
- International Law and the Challenge of Change in the Lecture Series of the United Nations Audiovisual Library of International Law
- International Law and Sustainable Development in the Lecture Series of the United Nations Audiovisual Library of International Law