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Bangladesh: Proscriptions as a political tool
  • Tarique Rahman
    Tarique Rahman
In April 2026, Bangladesh witnessed a pair of legislative moves that, taken together, signal a decisive—and deeply contentious—shift in how the state is redefining both its past and its present.

On April 9, the Jatiya Sangsad passed the Jatiya Muktijoddha Council (Amendment) Bill, 2026, introduced by Liberation War Affairs Minister Ahmed Azam Khan. Just a day earlier, Home Minister Salahuddin Ahmed had pushed through the Anti-Terrorism (Amendment) Bill, 2026. Individually, each law claims to address longstanding gaps—one in preserving the legacy of the 1971 Liberation War, the other in strengthening counter-terrorism enforcement. Together, however, they represent something more politically charged: an attempt to codify history while simultaneously expanding the state’s power to police dissent.

The JAMUKA Amendment Bill does more than administrative housekeeping. It formally embeds into law a list of organizations—among them the Muslim League, Jamaat-e-Islami, and Nezam-e-Islam—as collaborators of the Pakistani occupation forces during the 1971 Liberation War. These groups are explicitly identified as being on the opposing side of the freedom fighters, a move that transforms historical interpretation into statutory definition.

Supporters argue this is long overdue: a necessary correction that ensures accountability and preserves the moral clarity of the liberation struggle. The Bill also expands recognition by introducing the category of “Associates of the Liberation War,” acknowledging non-combat contributions, and strengthens institutional capacity through mechanisms like a JAMUKA Fund and administrative oversight of freedom fighter organizations.

But the controversy lies precisely in that codification of history. Opposition Leader and Jamaat-e-Islami chief Shafiqur Rahman sharply objected on the floor of parliament, arguing that successive post-independence governments—including that of Ziaur Rahman—had deliberately avoided naming specific political parties in such legal definitions. For him and the broader opposition alliance, this Bill breaks with decades of political practice by reopening settled questions in a way that risks weaponizing history.

That concern is amplified when viewed alongside the Anti-Terrorism (Amendment) Bill passed just a day earlier. On paper, the amendment addresses a real loophole in the 2009 Anti-Terrorism Act. Previously, the government could designate an organization as terrorist, but lacked clear authority to shut down all of its activities. The 2026 amendment closes that gap decisively. By revising Section 18 and introducing a new Section 20, it empowers the state to prohibit not just formal operations, but virtually all forms of expression and organization—rallies, meetings, publications, media presence, and even online activity.

Crucially, the law extends to individuals and entities under investigation, allowing bans to remain in place until trials at the International Crimes Tribunal are concluded. In effect, this creates a powerful pre-emptive tool—one that can silence organizations long before legal guilt is established.

This is where the two laws begin to intersect in troubling ways. The same political landscape in which historical narratives are being codified is also one in which the state now possesses sweeping authority to suppress political actors under the banner of counter-terrorism. The explicit mention that such provisions could apply to parties like the Awami League raises the stakes even further, suggesting that these are not abstract legal tools but instruments with immediate political implications.

The government frames these moves as complementary: one strengthening national memory, the other enhancing national security. There is some merit to that claim. Nations do need mechanisms to preserve historical truth and protect themselves from genuine threats. But the manner and timing of these enactments invite skepticism.

Embedding contested historical judgments into law risks freezing history into a single, state-sanctioned narrative—one that may leave little room for debate or reinterpretation. At the same time, expanding counter-terrorism powers to include broad restrictions on speech and assembly risks blurring the line between security enforcement and political control.

What emerges is a dual strategy: define the past in legally binding terms, and equip the present with tools to manage dissent against that definition. Whether intentional or not, this creates a framework where history and power reinforce each other.

For Bangladesh, a country whose identity is so deeply rooted in the legacy of 1971, this is a delicate balancing act. The drive to honor the sacrifices of the Liberation War is both legitimate and necessary. But when that drive converges with expansive state authority over political expression, it raises a fundamental question: is the state safeguarding history, or shaping it to serve present-day political ends?

The answer will likely unfold not in parliamentary speeches, but in how these laws are applied in the months and years ahead.

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