Transparency International Bangladesh (TIB) has described State Minister for Foreign Affairs Humaiun Kobir’s counter-questions in response to journalists’ queries about his dual citizenship as a “shoot the messenger” practice reminiscent of the ousted authoritarian regime.
It has also called for an end to such self-defeating attempts to undermine media freedom, independent journalism, freedom of expression and people’s right to access information.
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In a statement issued on Tuesday, TIB said the state minister should have directly answered the questions raised by journalists in the public interest instead of responding with counter-questions, urging him to clearly state his position on dual citizenship, which lies at the heart of the ongoing controversy surrounding his appointment, in the interest of transparency and accountability.
According to multiple media reports, State Minister Humaiun Kobir holds foreign citizenship and has also been involved in active politics in the country concerned, it said.
TIB Executive Director Dr Iftekharuzzaman said the appointment of a person who retains dual citizenship as state minister for foreign affairs under the technocrat quota is unconstitutional.
According to Article 56(2) of the Constitution, a person who is not a Member of Parliament can be appointed as a minister or state minister only if he is qualified for election as an MP.
On the other hand, Article 66(2)(c) says a person who acquires citizenship of a foreign state or acknowledges allegiance to such a state is disqualified from being elected as an MP. Article 66(2A) also sets out provisions concerning renunciation of foreign citizenship in cases of dual citizenship.
Therefore, his appointment under the technocrat quota while retaining dual citizenship conflicts with the Constitution, TIB said.
Therefore, it said, retaining dual citizenship while being appointed as state minister under the technocrat quota raises a constitutional question that requires a clear explanation.
Iftekharuzzaman said the state minister has himself brought the validity of his appointment into question by assuming office without clearly explaining his position on the issue.
TIB condemned the state minister's resentful and aggressive response, saying this behaviour is the "shoot the messenger" practice of the ousted authoritarian regime.
The fundamental question is whether he retained his foreign citizenship when he assumed office as state minister, it said, adding that he has an obligation to directly address such an obvious constitutional question relating to the public interest.
Iftekharuzzaman said following the political change brought about by the bloody July mass uprising, with expectations for accountable governance, the right to ask questions on such matters and the people’s right to know have become more important than ever.
Repeated commitments have also been expressed from the highest levels of government and elsewhere to ensure transparency, accountability, and freedom of expression, he said.
“When someone in a responsible state position is questioned about a matter of public interest, it is expected that he will give a straightforward, factual answer. By answering the relevant constitutional and legal questions and disclosing the necessary evidence, the state minister for foreign affairs could instead have set an example of transparency and accountability. Rather than doing so, his resentful and aggressive counter-questions directed at media outlets reporting on his dual citizenship and journalists raising questions about the matter are unbecoming of the dignity and responsibility of a state minister; they are ethically unacceptable and deeply concerning,” the TIB executive director said.
He said the matter is also embarrassing for the government. “Such a response is contrary to free media, freedom of expression, and independent journalism.”
“An aggressive response from a person holding a responsible state position to legitimate questions concerning the public interest not only places unreasonable and unwarranted pressure on the journalists concerned, but also poses a threat to independent journalism,” Iftekharuzzaman added.
He further added that it may create a tendency to make it risky for journalists to ask questions about uncomfortable issues involving those in power or holding state positions. “It may also increase the risk of creating self-censorship or a ‘chilling effect’ among journalists. Ultimately, it undermines the people’s right to know.”
As the matter concerns a highly important state position such as that of state minister for foreign affairs, the TIB executive director said they cannot overlook its global impact and the possibility of avoidable reputational embarrassment for Bangladesh. “In this situation, it is imperative that the government immediately disclose accurate and verifiable information regarding the state minister for foreign affairs’ actual citizenship status and take an appropriate decision on the constitutional validity of his appointment,” he said.
Attacking the media for posing legitimate constitutional and public-interest inquiries, rather than addressing them, undermines the right to information and media freedom, Iftekharuzzaman said.
TIB urged the government to publicly disclose the positions and official documentary evidence concerning the citizenship status of any other minister, state minister or person holding an equivalent position if questions arise regarding their dual citizenship, in the interest of transparency and constitutional accountability.