'Failed state' and the concept of third force

The statement of Dr. B Chowdhury was not that Bangladesh is a 'Failed State' but he urged the audience of the lawyers to 'stop country's slide towards a failed state'. He is reported to have called for 'clean leadership' involving the civil society in running the affairs in order to save the country from the slide towards a 'Failed State'.

It is not known if the former President was using the phrase in the sense in which the US Administration's theorists understand it. Bangladesh does not pose a threat to other countries of the world. From this standpoint, it cannot even be remotely imagined to be 'Failed State'. However, as explained by Khor, the element of threat to other countries is not the only element that defines a 'Failed State'. According to the theorists of US Administration, it may include countries which are unable to provide jobs, education and development for their own people. Even this does not adequately qualify Bangladesh to be a failed state.

A broader view of failed state

Daniel Thürer attempts a definition of 'Failed State'. The definition is "States in which institutions and law and order have totally or partially collapsed under the pressure and amidst the confusion of erupting violence, yet which subsist as a ghostly presence on the world map, are commonly referred to as 'Failed State'. This means a state without government. Thürer, however, acknowledges that 'failed' is too broad a term while state without government is too narrow. He is of the view that the term 'failed' does not denote a precisely defined and classified situation but serve rather a broad label for a phenomenon which can be interpreted in various ways". Having defined the term 'Failed State', Thürer proceeds to consider the concepts associated with the term from political-legal, developmental and sociological perspectives.

The political-legal approach: In this approach, there are the following elements:

*'Failed States' are associated with internal and endogenous problems. In this situation, the citizens are confronted with an implosion rather than explosion of the structures of power and authority, the disintegration and destructuring of 'States' rather than dismemberment;

*Total or partial breakdown of structures guaranteeing law and order;

*Absence of bodies capable of representing the State at the international level or of being influenced by the outside world. This means absence of reliable legal authority with whom negotiations can be made; and

*Finally is the legal aspect. A State may retain its legal entity but it has lost, for all practical purposes, the ability to exercise authority.

It is possible to infer that in Bangladesh context, Dr. B Chowdhury was referring to the first two elements and further sliding down would mean inclusion of remaining elements.

The historical and development context: 'Failed State' in this context has the following elements:

*Shallow-rooted regimes, during the cold war, were kept artificially in power for use as potential allies by superpower 'through supplies of arms or through ideology-based power-structures';

*Long heritage of colonial rule that was destructive of traditional social structures and replacement by western constitutional structuring; and

*Absence of nationbuilding processes capable of placing the State on a firm foundation.

The first two of the above elements are historical facts. The third element persists in the present day context of Bangladesh.

The sociological perspective: This perspective rests on two pillars. First is the collapse of the core government which in Weberian sense is the 'Monopoly of Power'. In this situation, the police, judiciary and other bodies responsible for maintaining law and order cease to operate or can only ineffectively operate. This situation also signifies criminalisation of state authority. The second represents a situation of brutality and intensity of violence used.

Both of the above elements, by all accounts articulated by the news media in Bangladesh, appear to exist in varying degrees. The reports about custodial deaths, organised killing by burning, abductions and kidnapping, spending long years in prison without trial, religious intolerance leading to violence, all point to the first element. The second element is also there. The organised killing in the char areas and the degree of brutality with which people are killed as reported by the news media confirm the presence of the second element.

Failed state and stateless society

Thürer appears to have construed 'Failed State' to mean 'disintegrated' or 'collapsed' State. Such a meaning can perhaps be more applicable to a 'Stateless Society'. In fact, this phrase was applied, a few years back, to describe state of affairs in Somalia in a World Bank report. There may be other examples in African countries like Liberia and Rwanda. It is possible to argue that a 'Failed State' with or without outside intervention may slide towards a 'Stateless Society'. Afghanistan could be another example when it was under Taliban rule. One can see signs of it in Iraq.

In a 'Stateless Society', there is complete paralysis of governance, total breakdown of law and order involving suspension of the core functions of the government. In this situation, the public and private properties are destroyed or looted. There is general banditry and chaos. A former Secretary General of the UN observed that in such a situation 'international intervention must extend beyond military intervention and humanitarian tasks and must include the promotion of international reconciliation and the re-establishment of effective government'. Ghali's point of reference was to countries where UN peace-keeping forces had to be sent to prevent further escalation of internal conflict between and among armed groups. But the point of emphasis centering on the re-establishment of effective government applies to Bangladesh under a dissimilar set of circumstances.

Conclusions

Is it possible to draw any lessons from what has been stated above? One may well look back to 1990 when all the political parties ably supported by associational groups of all descriptions rose as one man to bring about the down-fall of Ershad regime. Instances like this also occurred in the Philippines. This type of civic action is often described as 'People's Power'. But such instances are a rarity. However, even in those days, the transfer of power was orderly and smooth. This type of situation is best described by Michal Bratton. Speaking in the African context he writes:

"Civil organisations depend upon the state for the creation of certain basic conditions. This implies that associational life will not automatically spring up where the state's collapse is beyond the control of the political elite. Rather, civil society is most likely to fill institutional gaps where the retreat of the state is intended, planned and graduated".

One may well argue that the state is a permanent entity and should not retreat. The state belongs to the people and people should not retreat. It is for the government to have a planned retreat should circumstances so demand. The collapse of the institutions of the state is not beyond the control of the political elite. There is no dearth of civil society organisations in Bangladesh. But the point made by Bratton is well-taken. Why then do we see the symptom of a 'Failed State' or hear phrases like that?

A M M Shawkat Ali, PhD is former Secretary, Ministry of Agriculture.