TICFA challenged in court

Bangladesh's Trade and Investment Cooperation Framework Agreement (TICFA) with the USA, signed recently, has been challenged in the High Court.

Barrister Moksedul Islam filed a writ petition on Wednesday, questioning its legality.

Lawyers Md Nasir Uddin, SM Ariful Islam, M Monirul Islam Khan and one Abdullah Al Mamun were the petition's other signatories.

The Cabinet Secretary, PMO Secretary, Law Secretary, Commerce Secretary, and the US Ambassador in Dhaka have been made the respondents.

Arguing that the agreement was ultra vires the Constitution, the petitioners sought an interim injunction on TICFA implementation till the issue was settled.

The petition says the signing of the TICFA violated Section 145 (a) of Bangladesh’s Constitution.

It was inked without following normal parliamentary procedures. Though Parliament was nearing the end of its tenure, there was no hindrance to placing the agreement in the House for ratification.

“No government, including the present one, ever showed interest in signing the agreement. So, this agreement has to be declared as being outside the legal authority.”

According to Section 145 (a) of the Constitution, all agreements signed with foreign countries have to be placed before the President, who then forwards them to Parliament.

The rule does not, however, apply to secret agreements concerning national security that need only to be reviewed by a secret parliamentary meeting.

“This agreement will create complications in the labour market. This has been signed illegally and without the people’s mandate. There will be confusion and disorder in the EPZ,” the petition states.

Commerce Secretary Mahbub Ahmed and Deputy USTR Wendy Cutler had on 25 Nov signed the TIFCA at the USTR’s office in Washington.

Bangladesh Ambassador to the USA Akramul Qader, USTR Ambassador Michael Froma, US Assistant Secretary of State for South and Central Asian Affairs Nisha Desai Biswal, among others, were present during the signing of the agreement.