March 19, 2024
DHAKA – The man credited for lifting millions out of poverty and revolutionising capitalism to fit the needs of society through the notion of microcredits – tiny loans to help lower-income people start businesses – has been under ‘a constant state of judicial harassment’ over the past 15 years, his supporters say.
More than 170 global leaders published a joint letter denouncing the treatment of Professor Mohammad Yunus, 83, a hero for many of the world’s poorest, in August last year.
Leaders, including former U.S. President Barack Obama, former U.N. Secretary-General Ban Ki-moon and more than 100 Nobel laureates, had shared their concern.
“One of the threats to human rights that concerns us in the present context is the case of Nobel Peace Prize laureate Prof. Muhammad Yunus. We are alarmed that he has recently been targeted by what we believe to be continuous judicial harassment,” said the letter.
But the cases have continued.
The social entrepreneur, who was awarded a Nobel prize in 2006 for pioneering the use of microcredit finance to help the poor, has been facing legal harassment and unfounded allegations since 2007. In recent years, he has been charged with over 150 cases, mostly over alleged corruption and labour law violations.
However, do these cases have merit? Or are they a part of a series of undue vilification of the Nobel Laureate by the government of Bangladesh? These are among some of the questions that have been raised by analysts and experts around the world.
According to the case documents of the most recent case against him, Grameen Telecom (of which Prof Yunus is the founder and board member) was found to have violated a number of labour laws.
These include, not regularising or making permanent the jobs of 67 employees upon completion of their probationary period and not granting employees with annual leave with pay or money against earned leave.
The charges also mention that he did not form the Workers Profit Participation Fund and Welfare Fund, a mandatory requirement according to Bangladesh laws, and not depositing 5 per cent of the organisation’s profit to the fund formed, in accordance with the Workers Welfare Foundation Act.
For this, the labour court found him and three other colleagues from Grameen Telecom guilty, and sentenced them to six months in prison and a fine of Tk 30,000 (USD 274).
However, the defendants said the nature of the business and therefore its categorisation should have been taken into consideration as well.
They said that the officers and employees of Grameen Telecom were appointed on contract, as the organisation itself is operated on contract, therefore, making this an administrative and civil case. This being so, the regulations of the Workers Welfare Foundation Act did not apply, they said.
Furthermore, all employees were provided with provident funds, gratuity, earned leave, and retirement leave like permanent employees, they maintained.
It is also to be noted that Grameen Telecom is a not-for-profit organisation which means that according to Bangladeshi law, the profits are not to be distributed but to be used for social welfare.
It is important to note that Prof Yunus has repeatedly attested that he has not received even Tk 1 in the form of dividend from his companies.
The matter of who filed these cases in the first place is one of concern.
According to many local reports, the cases were said to be filed by the employees of Grameen Telecom. These local reports may have been based on a Supreme Court of Bangladesh statement, around September 2023, which said that: “The government filed no cases against him on labour issues; rather the cases were filed by the oppressed labourers for materialising their legal lawful and genuine claim and right.”
But there is other information that suggests that the case was filed by an Inspector of the Department of Inspection for Factories and Establishments (DIFE), which is an autonomous government agency.
Analysts and critics have called the series of legal proceedings and slander “politically motivated” given the rushed nature of the proceedings. The reality is that labour cases in Bangladesh – even those that have caused tragic accidents and large numbers of deaths – are often stuck in a labyrinth of legalities.
International observers note that the current government of Bangladesh is known to have a tight grip on the judiciary.
“The conviction of Yunus is emblematic of the beleaguered state of human rights in Bangladesh, where the authorities have eroded freedoms and bulldozed critics into submission,” said Agnès Callamard, Secretary General of Amnesty International.
The ongoing trials Prof Yunus is being put through could be a result of what many have called animosity between him and PM Hasina.
Popular discourse credits this alleged rift to Prof Yunus’ short-lived attempt to form a political party in opposition to the ruling Awami League, before its current 15-year regime began.
Upon being asked to address the repeated calls from over 170 global leaders for suspension of legal action against Prof Yunus, PM Sheikh Hasina extended an invitation to the concerned to witness the legal proceedings firsthand.
UN special rapporteur for freedom and expression and former head of Amnesty International, Irene Khan was present at the hearing on January 1, after which she was quoted as saying: “It’s a travesty of justice to charge Prof Yunus in this way. The legal system is being weaponised to harass him.”
Prof Yunus has been a trailblazer in the field of Microfinance.
Introducing the ideas of microcredit finance to the poor, and having lifted off millions off the tight grasp of poverty. Grameen Bank, his first social business, set up a bank that went against the tenets of traditional commercial banks.
Not only did he alleviate people from the depths of poverty and help them build confidence to become entrepreneurs, but he also challenged societal norms and ideologies about the less privileged and solidified the concept of poverty to be an externally imposed phenomenon.
Having received 61 honorary degrees from universities in 24 countries, he is one of the most honoured people in the world.
He is also one of the only seven people worldwide to have received the Nobel Peace Prize, the United States Presidential Medal of Freedom, and the United States Congressional Gold Medal.
A man who has dedicated his life’s work towards benefitting society’s most vulnerable through sustainable and equitable solutions, while also revolutionising the field of economics and finance, is now stuck in a loop of lopsided legal proceedings that attempt to defame his legacy, his supporters say.