[🇧🇩] Reforms carried out by the interim/future Govts.

[Saif]

Star interview: Reshuffle of officials for ensuring reforms

The interim government aims to reform the administration in order to make it people-oriented, inclusive, transparent, and accountable, says Law Adviser Asif Nazrul.

www.thedailystar.net

Star interview: Reshuffle of officials for ensuring reforms
Law Adviser Asif Nazrul tells Star, says efforts on for withdrawing false cases

The interim government aims to reform the administration in order to make it people-oriented, inclusive, transparent, and accountable, says Law Adviser Asif Nazrul.

"Reforms involve more than just appointing qualified individuals. Competent people are being placed in positions to ensure that no one can obstruct the reform process.

Reforms signify a shift towards a more people-oriented, inclusive, transparent, and accountable administration. We must make that happen," he said in an exclusive interview with The Daily Star.

Before the reforms, the administration, the judiciary and the police must get rid of those who helped an autocratic government sustain for over one and a half decades, he said, replying to a query on the massive reshuffle in different tiers of the administration and other bodies.

"Is it possible to bring reforms keeping in place the people committing extrajudicial killings? Is it possible to reform the police administration with Harun [Harunor Rashid, former chief of DMP's DB] still in the force? These people should be replaced by honest and competent ones," Asif said.

After bringing in these people, he said, reforms will be done in the institutions, laws and policies. Efforts were already made to withdraw false cases filed over the killings during the uprising in July and early August. "Now we will try to change the policy and laws so that this does not happen again in the future."

He said a lot of work had been done on reforms in Bangladesh in the past – the framework of the three alliances in 1991, constitutional reforms proposed by Serajul Alam Khan in the early 80s, and by many civil society organisations in different times.

"What was absent then was a lack of goodwill. Now, I believe we can deliver some good work because we have a leader [Prof Muhammad Yunus]," he added.

Speaking of reforms in the judiciary, the law adviser said a popular opinion about judicial reform is that the lower courts should be reformed first. However, to get an independent judiciary, the higher courts must be reformed first, according to him.

"Ensuring an independent lower court is to ensure the higher court's full authority on it. The higher court will govern and control the lower court, and the government will not intervene here. What's the point of giving [the control of] lower courts to the higher court if the higher court functions as a subordinate to the government?"

"So, we have to reform the higher court," he said.

Asif said the interim government has been working to this end as there was "anarchy" in the appointment of higher court judges during both Awami League and BNP governments with "incompetent, corrupt and partisan" people.

Steps for higher court reform will include amending the recruitment act and policy, rationalising the chief justice's sole authority over the entire judiciary, reforming the general administration committee of the Supreme Court's Appellate Division and the High Court Division, establishing an independent and dedicated secretariat for the higher court, and putting an end to recruiting retired judges in any post, he said.

Asked if the spree of filing cases against top Awami League leaders and their arrests on various charges are ridiculous, as seen by many, Asif said questions could be raised against these cases but those are not ridiculous.

"Many people have filed cases as they have lost their children during the July massacre. They filed the cases after losing their children, and if they think that the former prime minister was responsible for the murders, will the cases be controversial?"

He said filing a case against someone does not mean they are already punished.

"Even after taking the case into cognisance, there can be an investigation and the accused person can be out on bail. But things will not be like what they used to be during the Awami League regime, whose target was to keep people behind bars by filing cases without granting bail."

Asked whether the cases would hinder the judicial process, Asif said no one has the right to prevent a father who lost his children from filing a case.

He said the July mayhem not only saw people killed but thousands of others were hurt to different degrees, such as loss of eyesight.

"If the people file cases accusing Sheikh Hasina or her former ministers as instigators, we cannot prevent them from doing it.

"We are not encouraging anyone to file cases either. People are filing cases spontaneously. We will only ensure that justice is done," he added.

Commenting on the harassment of some arrested AL leaders, including former social welfare minister Dipu Moni, on the court premises, Asif said, "I felt bad about such incidents, especially about what happened with Dipu Moni. But isn't the recently ousted regime responsible for the situation that unfolded on the court premises?"

It is not proper to expect people to be humble after the anarchy the ousted regime had created in the name of justice and snatched the people's voting rights for the last 15 years, he added.

Speaking of the interim government's tenure and the next parliamentary election, he said the people of Bangladesh will decide how long the government will continue.

If the people want reform and the next election to be fair, then this government should be given time, he said.

BNP, one of the country's biggest political parties, said it will wait as long as it takes, Asif said. "At this moment, we need to do the 'urgent things' first."

The law adviser also said the interim government is trying to learn from its mistakes.

"Many of us don't have the experience of running a government. If any person goes to work with little experience, s/he will make some mistakes. But one should consider whether I have the will to do something good, whether I am working hard and trying to learn from the mistakes," he said.

Asked if a "judicial coup" was going to take place as a counter-revolution, the adviser said, "Since it didn't happen, we don't know what the truth is. However, there was an apprehension that such a thing would happen."

About the student-led movement, he said although six student coordinators are often referred to when it comes to the movement, many others played major roles.

He praised their maturity and sense of consciousness, urging them to be patient so that the revolution, which came in exchange for many people's supreme sacrifice, does not become futile.

Asked about their steps on repressive laws against the media, he said his stance on the issue is nothing different from that of the journalist community.

"I can tell you that the application of these laws will not be the same as before. We will review them very seriously. We will take the stakeholders' views and then see which sections could be scrapped and which are amendable. We will try to give a good news in a month," he added.

About the seven journalists accused in a murder case yesterday, Asif reiterated they cannot prevent a parent of a slain student from filing a case.

"The previous government had made it an established culture to file such cases. Perhaps, we're seeing a continuation of it. However, we will look into the matter so that no one is harassed without proper investigation," he added.​

 

[Saif]

Reforms needed in political parties and the electoral process in Bangladesh

The citizens of Bangladesh have been victims of a frustratingly underperforming democracy for quite a long time.

www.thedailystar.net

Reforms needed in political parties and the electoral process in Bangladesh

Individuals ever convicted of financial corruption and homicide by the highest court of Bangladesh will be ineligible to contest any parliamentary election. VISUAL: STAR

The citizens of Bangladesh have been victims of a frustratingly underperforming democracy for quite a long time. As one of the ordinary citizens, I feel that the interim government should immediately take up the measure of dialogue among the relevant stakeholders to bring about substantial reform in the practices of the political parties.

To foster a more vibrant political landscape, each party should be required to develop and maintain a core agenda that differentiates it from others. Currently, many political parties pursue the same agenda. Often a new party is born from a faction of an existing party with no distinctly different agenda.

Political parties should hold a council every two years to elect their top leaders for the subsequent term. Regular leadership elections would prevent stagnation from long-serving leaders and provide opportunities for new voices and ideas to emerge. Currently, most political parties are like proprietorship concerns, where top leaders are irreplaceable until their death. Under their folds, other leaders can hardly emerge, and consequently, with the top leader's death, the parties suffer from a leadership crisis.

Relevant council proceedings must be reported to the National Election Commission, and any party failing to hold two subsequent councils will not qualify for the next national election.

To prevent power consolidation, no individual should be allowed to hold the same leadership position for two consecutive terms or more than five terms in a lifetime. By regularly introducing new leadership, parties can benefit from fresh perspectives and innovative approaches. The leaders, ineligible for holding any top positions, can be included in the advisory council of that party.

Barring individuals from holding both party positions and government roles simultaneously is essential to reducing conflicts of interest and promoting a clearer distinction between party politics and governance. Currently, there is almost no difference between the positions at the party and the government, and in effect, the party is mired in government. Once out of government, the party is in extreme disarray and shambles.

To curb nepotism, the position of a departing party leader should not be filled by a close relative—first-blood relatives, spouses, and spouses of the first-blood relatives—for ten years. This reform would reduce the likelihood of dynastic succession and encourage a merit-based approach to leadership selection.

There should be rules preventing close relatives of retiring members of parliament from contesting for parliamentary positions within the same party. By ensuring no first-blood relatives as well as the spouses of a retired member can run for a parliamentary seat from the same party, parties can promote broader democratic participation and reduce the potential for entrenched political networks.

Also, both structural and procedural issues are needed to promote a more robust and representative democratic process.

In the direct voting process, parties' total votes and the number of winning Members of Parliament (MPs) are not actually representative. A party that receives 35 percent of the total votes in the country may win more than 150 of the 300 seats in parliament and form government. However, immediately shifting to proportional representation may be an unpopular proposition among political parties. As a first step, a hybrid electoral system that combines direct elections and proportional representation will assist people in becoming accustomed to the process.

Out of a total of 350, including 50 for women, parliamentary seats, 200 would be elected directly by the voters in their constituencies. The individual getting the most votes will be the MP for the concerned constituencies. The remaining 150 seats would be allocated based on proportional representation. The number of seats each political party receives would correspond to the percentage of total votes they receive in the whole country. This approach ensures that smaller parties are not left out of their representation in parliament. Proportional representation will increase the chance of eminent citizens, journalists, intellectuals, professionals, different ethnic and minority representatives, as well as politicians, being in parliament.

Of the 150 total seats for proportional representation, a maximum of 30 will be reserved for women. A party getting women MPs through direct voting will get the same number of women MPs from the 150 seats reserved for proportionate representation. However, the total number of women MPs in the reserved seat will not exceed 30. Even religion-based parties will have to engage and get directly elected women MPs to get their share of the reserved seats. Women MPs will fetch more women in the parliament, which will be more dignifying for them than the current process.

Parties or independent candidates receiving less than a specified minimum percentage of votes, 0.5 percent in the direct elections may club together to be eligible to participate in the proportional representation segment. This provision allows smaller parties to collaborate post-election and nominate a representative of their choice from the list declared before the election. However, there can be a requirement of getting minimum threshold votes, say 0.1 percent, for a party or an independent candidate to be eligible to join the club.

The role of the MPs will have to be designed to be more meaningful. MPs will concentrate solely on national-level policy-making and state issues, excluding involvement in local government activities. They cannot hold positions in political parties while in office, and they will be ineligible for such roles for two years even after the MP tenure ends. This separation is needed to prevent conflicts of interest and ensure that MPs are focused on their core responsibilities.

No first-blood relative of an MP can contest for the same constituency from the same party for ten years after the MP's term ends. Additionally, no MP can contest from the same constituency more than three times, whether elected into parliament or not. Also, an individual cannot serve more than two terms as prime minister in their lifetime.

The president of Bangladesh will be elected directly by the people to enhance the position's credibility and impartiality. Additionally, the speaker of parliament will be directly elected by at least 200 out of the 350 votes cast by the MPs. Among the deputy speakers, one must be from the opposition, and one must represent women or minorities. At least half of parliamentary committees must be headed by MPs from opposition parties.

Local government elections, such as those for upazila and union council representatives, should be conducted without the involvement of political parties. By removing party influence, the focus can shift entirely to the individual candidates and their qualifications, fostering a more community-centred and accountable local government.

Individuals ever convicted of financial corruption and homicide by the highest court of Bangladesh will be ineligible to contest any parliamentary election. The measure of deterring the convicted ones from contesting the election can significantly increase the probability of morally pure individuals representing the people in parliament.

Mohammad Abdul Hannan is deputy general manager at IDLC Finance PLC.​

 

[Saif]

A call for legal reform and justice

Bearing in mind the 15 long years of oppression, misrule, and misuse of powers, we can reasonably expect our political parties to act purely in the nation’s interests in this critical juncture of our history.

www.thedailystar.net

A call for legal reform and justice

Sheikh Hasina's rise and clinging to power for 15 long years were through certain processes—however flawed those may be—but her fall was quite dramatic. August 5 marked our freedom from the Hasina-led Awami League dictatorship, which comprised of suppression, oppression, and merciless persecution. A new era has begun thanks to the supreme sacrifices of our young generation in particular, and the people in general. It is now the sacred duty of the entire nation to preserve and protect this newfound freedom not only for the present generation, but for future generations as well.

The interim administration, led by Nobel laureate Professor Dr Muhammad Yunus, faces far greater challenges than any of the past caretaker administrations did, starting with the first one led by Justice Shahabuddin Ahmed in 1990. On August 18, while meeting foreign diplomats and international agencies, Dr Yunus expressed his intention to reform the election commission, the judiciary, civil administration, security forces, and mass media. The list is long but it is far from exhaustive. The interim government has other things to do as well, such as holding the perpetrators of crimes to account, including financial crimes, and above all, the trial of Sheikh Hasina for committing Crimes Against Humanity (CAH) under the International Crimes (Tribunal) Act, 1973.

The 1973 act, even with its several amendments, is an outdated one. It has been heavily criticised by the international community, including Human Rights Watch, Amnesty International, International Bar Association, the UK Bar Association, and the European Union for falling far below the international standard. In my capacity as Chief Defence Counsel of the 10 opposition politicians who were indicted under the 1973 act (five of whom were executed), I am fully aware of the international community's criticism.

The last nail in the coffin of the act is the very recent UK Supreme Court's verdict on it. In view of the matter, it won't be advisable to proceed with the trial of Sheikh Hasina either in her presence or in absentia with the act as it is. The trial process will not be acceptable to the international community and will rightly face a barrage of criticism.

However bleak Hasina's record may be, the interim administration's objective should not be to exact revenge but to establish rule of law. Hence, this law should be updated to the international standard. Moreover, CAH being a very complicated area of law, it is crucial that the prosecution team is be well-versed in it.

The greatest contribution of the administration would be to clean up the rotten political system, and put an end to divisive politics. Perhaps more importantly, it should open up our decade old political system to new ideas, so that educated and patriotic young people find it comfortable to enter politics and contribute to nation-building. Unhealthy student politics should be cured by national consensus.

The present constitution has become unworkable. By amending it with their brute majority, the Awami League has changed certain sections of the constitution in alignment with their party manifesto. In any event, so much power has been given to the prime minister under the constitution, and so little to the president, that a Roman emperor would envy the powers of the former instead of the latter.

The parliamentary committees under the full control of the party in power have become non-functional. In a parliamentary democracy, the opposition has a very important role to play. Under our constitution, winners take all. Ideally, we need to begin our new journey with a balanced constitution.

This administration certainly does not have the mandate to frame a new constitution for which we need a national consensus. Once a national consensus is reached, a constituent assembly needs to be elected by the people to frame a constitution within a particular period, say within 120 days. After the new constitution has been framed, the constituent assembly needs to be dissolved, and a fresh election should be held for the re-establishment of parliament.

Here, the political parties need to make sacrifices. They have to put the country before their party. Bearing in mind the 15 long years of oppression, misrule, and misuse of powers, we can reasonably expect our political parties to act purely in the nation's interests in this critical juncture of our history.

It is unfortunate that the country which produced leaders such as Shaheed Suhrawardy and AK Fazlul Haque has now become leaderless. In the early days of our independence, the late Abul Mansur Ahmad, who was an Awami Leaguer all throughout his life, used to advise and criticise the Awami League and its leadership, both privately and publicly. We do not have such a wise politician amongst us now, leading to our civil society being divided along party lines.

Finally, this administration is not yet free from external and internal existential threats. This administration matters to each and every Bangladeshis. We cannot and must not allow it to fail.

Abdur Razzaq is a senior advocate of Bangladesh Supreme Court and currently practises law in the United Kingdom.​

 

[Saif]

Govt, administrative systems: TIB proposes a raft of reforms

Transparency International Bangladesh yesterday proposed a host of reform measures that would create a conducive state structure and the environment to build a transparent, accountable, corruption-free and discrimination-free “New Bangladesh”.

www.thedailystar.net

Govt, administrative systems: TIB proposes a raft of reforms
Suggests two-term limit for PM

Transparency International Bangladesh yesterday proposed a host of reform measures that would create a conducive state structure and the environment to build a transparent, accountable, corruption-free and discrimination-free "New Bangladesh".

"We are making these recommendations to assist the government. The authoritarian regime fell at the cost of unprecedented bloodshed and sacrifice through the movement of students and the people. One authoritarian regime should not be replaced by another," said TIB Executive Director Iftekharuzzaman at a press conference.

Chief among the recommendations is adding a provision in the constitution that would bar an individual from serving as the prime minister for more than two terms, a practice followed in the US.

The same person should not hold the positions of the prime minister (head of government), the chief of a political party and the leader of parliament simultaneously.

TIB's recommendations for necessary reforms in the state structure to prevent corruption, and establish democracy, good governance and integrity are categorised into two groups: immediate and strategic areas.

The immediate priorities include ensuring discipline, public safety and administrative normalcy; conducting UN-led investigations into past human rights violations; ensuring proper legal procedures such that the judicial process remains unquestionable; and restoring normal economic activities.

A task force must be formed comprising the Anti-Corruption Commission, the Bangladesh Financial Intelligence Unit (BFIU), the National Board of Revenue (NBR), the Criminal Investigation Department (CID) and the Attorney General's Office to set an exemplary standard of effective accountability for high-level corruption and money laundering.

TIB demanded revealing the true picture of the banking sector following an independent and neutral investigation, and the formation of an "independent bank commission" with skilled specialists for the revival of the banking sector.

Strategic reforms include the introduction of proportional representation in the parliamentary system to ensure the true reflection of the people's verdict in the national parliament.

Additionally, an election-time interim government system should be introduced to ensure free, fair, neutral, and participatory parliamentary polls.

The Speaker should be free from party influence, avoid conflicts of interest and act as the guardian of parliament. They must conduct all parliamentary activities impartially.

The deputy speaker should be elected from the opposition in parliament.

In the absence of both the Speaker and the deputy speaker, members of the opposition parties included in the presidium should be allowed to perform the duties of the Speaker.

TIB also recommended amending Article 70 of the constitution to allow MPs the freedom to criticise their party and vote against it on different matters, including legislation, except for no-confidence motions and the budget.

Among the recommendations for democratic practices, TIB emphasised the need to abolish the monopoly and dynastic rule of a party chief and to determine party leadership through fair elections at all levels.

In the category of the rule of law and human rights, TIB called for immediate separation of the judiciary and specific policies and laws in consultation with the Supreme Court for the appointment of judges to the High Court.

TIB also recommended repealing the 16th amendment to the constitution, which gave power to the Jatiya Sangsad to remove judges if allegations of incapability or misconduct against them are proved.

The other recommendations include ensuring accountability and exemplary punishment for multidimensional and unprecedented human rights violations through nationally and internationally acceptable, impartial and independent investigations.

The National Human Rights Commission must be granted the jurisdiction and capacity to investigate all allegations of human rights violations such as extrajudicial killings and enforced disappearances by security forces and law enforcement agencies, and to repeal all laws that violate human rights, including the Special Powers Act.

To prevent irregularities, corruption and money laundering, TIB called for ensuring the independence and capacity of the ACC and amending the Civil Service Act of 2018, the Money Laundering Prevention Act of 2012 and the Income Tax Act of 2023.

The agencies responsible for curbing and preventing corruption such as the ACC, the BFIU, the NBR, the Office of the Comptroller and Auditor General, the Attorney General's Office, the CID and other institutions concerned must develop professional skills free from party influence.

TIB recommended that no political appointments be made to institutions such as the Election Commission, ACC, Information Commission, NHRC, Office of the Comptroller and Auditor General and Public Service Commission.

An independent working environment must be ensured in these institutions.

The Official Secrecy Act of 1923 and the Cyber Security Act of 2023 must be repealed and measures must be put in place to ensure personal information protection.

Additionally, TIB called for the necessary amendments to the constitution and relevant laws to make the local government system independent, strengthened and effective.

In the electricity, energy, and environment category, TIB proposed a short-, medium-, and long-term time-bound plan to gradually phase out the use of fossil fuels and promote renewable energy.

Supportive policies must be created to increase local and international investment in the renewable energy sector.

Moreover, TIB demanded the abolishment of the "Quick Enhancement of Electricity and Energy Supply (Special Provisions) Act 2010", the removal of capacity charges and the cancellation of all ongoing development projects that are harmful to the environment and biodiversity.

"It is not possible to say how long it will take for the interim government to implement the recommendations made today [yesterday]. That decision lies with them. This government should be given the time it needs to meet the expectations of the people," Iftekharuzzaman said.

The government has been in office for only 20 days and it would not be fair to evaluate them so soon.

"They must fulfil the aspirations of the masses, even as they work amid the ruins," he added.​

 

[Saif]

Time to reform the judiciary

An independent judiciary is a cornerstone of any democratic society where justice is administered without bias or external influence. In Bangladesh, this basic element of a democracy was under severe strain as we have seen that ruling parties, in some cases, preferred to appoint loyal people as ju

thefinancialexpress.com.bd

Time to reform the judiciary
Mir Mostafizur Rahaman
Published :
Aug 28, 2024 21:12
Updated :
Aug 28, 2024 21:12

An independent judiciary is a cornerstone of any democratic society where justice is administered without bias or external influence.

In Bangladesh, this basic element of a democracy was under severe strain as we have seen that ruling parties, in some cases, preferred to appoint loyal people as judges and law officers.

This very practice posed a threat to basic principles of an independent judiciary. The judiciary acts as a guardian of the Constitution and the rights of citizens. It is tasked with interpreting the law impartially, remaining free from any political influence or pressure.

In a democratic system, the judiciary serves as a check on the other branches of government, ensuring that they operate within the bounds of the law. This separation of power is essential for preventing the abuse of authority and maintaining the balance necessary for a functioning democracy.

In Bangladesh, the judiciary has historically played a crucial role in safeguarding the rights of the citizens, often stepping in to correct executive overreach. However, this role can only be effectively fulfilled if the judiciary remains independent and free from political interference.

Unfortunately, the judiciary was made highly controversial during the last one and a half decades. It was open secret that courts were dictated by the government and nakedly used as an instrument to clamp down on dissenting and opposition voices.

At one stage people in general lost confidence in the court and justice became illusive for many. All these resulted from the absence of a transparent process to recruit judges and law officers.

After the fall of the Hasina regime through mass upsurge, people are now expecting a real and meaningful reform of the judiciary so that it could perform independently.

However, some disturbing developments are taking place on the court premises that have made people apprehensive about the fate of judicial reform.

As several judges, and 107 law officers including the Attorney general, have resigned, pressures are reportedly piling up on the administration from different political parties to fill up these vacant posts with people loyal to them.

If the government succumbs to such demands it will come as a severe blow to the process of establishing an independent judiciary.

This government must not follow the old practice of recruiting judges and law officers under political consideration ignoring their merit.

The judiciary risks becoming a pawn in the hands of political actors if the posts that have fallen vacant following resignations of judges and law officers are filled up under outside pressure.

Such interference undermines the impartiality of the judiciary, as judges and law officers might feel beholden to the political forces that facilitated their appointments. This creates a conflict of interest, where the rule of law could be compromised in favour of political expediency. The impartial application of justice becomes questionable, leading to a loss of public confidence in the judiciary's ability to act as an unbiased arbiter.

Moreover, this politicization can lead to a situation where legal outcomes are influenced by political considerations rather than the merits of the cases. This not only causes damage to the credibility of the judiciary but also erodes the public's trust in the justice system. When citizens believe that justice is not being administered fairly, it weakens the social contract and can lead to civil unrest and a breakdown of the rule of law.

To address these challenges, it is imperative that Bangladesh undertakes comprehensive judicial reforms aimed at strengthening the independence of the judiciary. These reforms should focus on creating transparent and merit-based processes for the appointment of judges and law officers. A judicial appointments commission, free from political influence, could be established to oversee the selection of judges and law officers based on their qualifications, experience, and integrity.

In addition to reforming the appointment process, it is essential to ensure that judges and law officers have security of tenure. This means that they should not fear removal from office for political reasons. Clear and stringent criteria for the removal of judges, such as proven misconduct or incapacity, should be established, and any process for removal should be carried out through an independent and impartial body.

It is crucial that the government, civil society, and all stakeholders in Bangladesh recognize the gravity of this situation and work together to implement judicial reforms that will safeguard the independence of the judiciary. Only through a strong and independent judiciary can Bangladesh ensure that justice is served, the rule of law is maintained, and democracy is preserved for future generations.​

 

[Saif]

Govt launches major banking reforms

Bangladesh Bank and the interim government are undertaking significant efforts to restructure the country’s banking sector, focusing on recovering both local and foreign assets embezzled by corrupt individuals. Officials have confirmed that these assets, laundered abroad, are being targeted

thefinancialexpress.com.bd

Govt launches major banking reforms
Estimates suggest over Tk 1 trillion in embezzled funds
FE ONLINE DESK
Published :
Aug 28, 2024 15:07
Updated :
Aug 28, 2024 15:08

Bangladesh Bank and the interim government are undertaking significant efforts to restructure the country’s banking sector, focusing on recovering both local and foreign assets embezzled by corrupt individuals.

Officials have confirmed that these assets, laundered abroad, are being targeted for repatriation as part of a broader initiative to bring the financial sector up to international standards, reports UNB.

The government emphasized its commitment to reforming the financial sector, acknowledging that the process is complex and time-consuming.

A key element of this strategy will be the establishment of a banking commission tasked with investigating each implicated bank, uncovering the full extent of the corruption, and developing an action plan, according to the Chief Adviser’s press wing.

This plan, which can be implemented within six months, aims to overhaul the sector to ensure compliance with global banking norms.

The aim of Bangladesh Bank and the government is to be capable of complying with all international standards and building a strong banking sector.

However, international technical assistance and funding will be required from the beginning to the end of the activities to achieve this objective.

The reforms come in response to revelations that unscrupulous businessmen and influential figures have embezzled vast sums from the banking sector, laundering the funds abroad through fraudulent activities.

Preliminary estimates suggest the total embezzled amount could exceed Tk 1.0 trillion, though the exact figure is still being determined.

Significant steps have already been taken, with reforms initiated in several banks linked to the scandal.

The boards of Islami Bank, Social Islami Bank, National Bank, United Commercial Bank, Global Islami Bank, and Union Bank have been reconstituted as part of the restructuring efforts. Similar measures will be implemented across other affected banks and financial institutions.

The government has also sought assistance from foreign agencies to track and repatriate the laundered funds. As the new management teams take control, they will be responsible for gathering accurate data on the embezzled amounts and leading the recovery efforts.​

 

[Saif]

Constitution to be rewritten to fix state institutions: Ali Riaz

Distinguished professor of politics and government department at Illinois State University, Ali Riaz, has said the constitution needs to be rewritten even through constitutional assembly if the democratic organisations are to be fixed. He made the remark at a press conference organised by the...

en.prothomalo.com

Constitution to be rewritten to fix state institutions: Ali Riaz
Special CorrespondentDhaka
Updated: 29 Aug 2024, 20: 26

Professor Ali Riaz answering questions from journalists at a hotel in the capital on Thursday. Prothom Alo

Distinguished professor of politics and government department at Illinois State University, Ali Riaz, has said the constitution needs to be rewritten even through constitutional assembly if the democratic institutions are to be fixed.

He made the remark at a press conference organised by the Centre for Governance Studies (CGS) at a hotel in the capital on Thursday.

The CGS adviser presented his keynote paper and in the question-answer session, he talked on various issues including constitution, democracy and election.

Professor Ali Riaz said, "My personal view is that the constitution has to be rewritten. Without this, you will not be able to build institutions."

When asked how many terms a person can become head of the government, a Bangladesh born US professor said, " I personally think one person can become two terms as the head of the government at the most."

In reply to a question about the constitutional assembly, Ali Riaz said, "We are talking about the rewriting of the constitution as there is no scope for the amendment of the constitution. The scope of amendment of the constitution is limited as one third of the constitution is written in such a way that there is no scope to change that. There are such matters here, you can do nothing if those are removed. As a result, the word 'rewriting' is being discussed. I am talking about the constitutional assembly as a way of rewriting. I don't know whether there are any other ways."

When his attention was drawn to TIB's proposal that the same person will not be able to become the party chief, leader in the parliament and the prime minister, he said TIB has proposed that the power is not centralised to a person. These reforms are necessary. If these ways of centralised power are not stopped constitutionally, the appearance of another dictator cannot be prevented in the future.

About the disinformation of Indian media, Ali Riaz said the response to such disinformation is to publicise the real story. Different international media outlets contact me and I have asked them to go to Dhaka and see and publish stories. I will also tell the real stories."

Referring to the chief adviser Dr Muhammad Yunus' address to the nation calling the citizens to hold dialogue, Illinois State University professor said dialogues will be arranged, and opinions and advice of experts will be taken to establish sustainable democracy and rule of law.

He said the CGS will organise at the national and regional level in the next five months. Eight dialogues will be held in Dhaka. The dialogue include constitution, human rights, constitutional body, justice system, law enforcing agencies, foreign debt and media.​

 

[Saif]

Take time needed for reforms, hold polls at earliest

Political parties are willing to give the interim government the time needed to make some fundamental reforms to key institutions, but they also want an election as early as possible.

www.thedailystar.net

Take time needed for reforms, hold polls at earliest
35 parties tell Yunus

Chief Adviser Prof Muhammad Yunus holds a views-exchange meeting with the leaders of Gonoforum at the State Guesthouse Jamuna yesterday. Photo: PID

Political parties are willing to give the interim government the time needed to make some fundamental reforms to key institutions, but they also want an election as early as possible.

In a series of meetings with Chief Adviser Prof Muhammad Yunus yesterday, some parties demanded what they called a road map to the next national and local elections so as to dispel the confusion over the matter.

Representatives of 35 parties met Prof Yunus at state guest house Jamuna.

The Jatiya Party proposed ensuring a balance of power between the president, prime minister, and parliament, and not allowing an individual to be the head of government (prime minister) for more than two terms.

Besides, the head of government must not be the leader of parliament, it proposed.

Jatiya Party Secretary General Mujibul Haque Chunnu told reporters later that the chief adviser was informed that political parties will let the interim government take the time required to reform certain constitutional bodies.

Sources said Prof Yunus told the parties that the interim government did not want to stay in power any longer than the time needed to make the reforms.

Unless the Election Commission is reformed, a level-playing field cannot be ensured ahead of elections, Prof Yunus told the parties.

The Islamist parties expressed their support for reforms.

Prof Yunus wants to reach a national consensus based on the opinions of all, the chief adviser's Special Assistant Mahfuj Alam told a briefing.

"We all need to take the opportunity and bring reforms so that the people can benefit for a long time," CA's Press Secretary Shafiqul Alam said.

There were discussions about whether the constitution should be amended or re-written, he said.

Some Islamist parties demanded withdrawal of cases against their activists within a month and a fair probe into the killing of Hefazat activists in 2013 and during the Indian Prime Minister Narendra Modi's visit, he added.

The Liberal Democratic Party (LDP) President Oli Ahmed said, "We don't want an election before reforms. But an election at the earliest will be good for the country, the interim government, and the political parties."

The LDP made 83 proposals, including one for cancelling Awami League's registration with the EC.

Advisers Adilur Rahman Khan, AFM Khalid Hossain and Mahfuj were present at the meetings.

The Islamist parties that met Prof Yunus are Khelafat Majlish, Nizam-e-Islam, Hefazat-e-Islam, Bangladesh Khelafat Majlish, Islami Andolon, Khelafat Andolon, and Jamiat Ulama-e Islam.

Hefazat Joint Secretary General Mamunul Haque said, "We proposed that a person should not serve as the prime minister for more than two terms. We also demand a national election after the necessary reforms, but not delaying it."

He added that a specific time frame was not discussed.

Hefazat proposed reforms in the electoral system to ensure the representation of all voters in parliament.

If that is ensured, no party will be able to enact a law against Islam, he said.

Hefazat Joint General Secretary Azizul Haque Islamabadi said, "We demanded constitutional reforms so that fascism cannot come back. The constitution should be a charter of the masses… We demanded withdrawal of the cases that were filed against Hefazat leaders in 2013 and 2021 within a month.

"We proposed forming a tribunal for the mass killings of 2013, 2021 and 2024. We also demanded immediate arrest of instigators of the killings and enforced disappearance."

Islami Andolon Bangladesh proposed abolishing the constitution and forming a constitutional commission to draft a new one which will be ratified through a referendum.

The party also demanded an inquiry commission and independent tribunal for the "July massacre", and the abolition of the current Election Commission.

Ameer of Islami Andolan Bangladesh, Mufti Syed Rezaul Karim demanded reforms to the Election Commission, civil bureaucracy, judiciary, law enforcement, and the media.​

 

[Saif]

Chief adviser to come up with 'comprehensive framework' on reforms soon

Says Special Assistant Mahfuj Alam

www.thedailystar.net

Chief adviser to come up with 'comprehensive framework' on reforms soon
Says Special Assistant Mahfuj Alam

Photo: PID

Chief Adviser Prof Muhammad Yunus will soon come up with a "comprehensive framework" on reforms which will include how the transition of power will take place, his Special Assistant Mahfuj Alam said yesterday.

"He will mainly give a framework on reforms," he told reporters at Foreign Service Academy at a briefing after the Chief Adviser's views-exchange meetings with over two dozen political parties, including Jatiya Party and Islamic parties, held at state guesthouse Jamuna from 3:00pm to 8:00pm.

Chief Adviser's Press Secretary Shafiqul Alam and Deputy Press Secretary Mohammad Abul Kalam Azad Majumder also responded to questions from the reporters.

Mahfuj said the political parties through their proposals will let the interim government know how much reasonable time they will give the government.

"He (Prof Yunus) basically wanted to listen to the political parties on what kind of reforms they want," said the special assistant.

The chief adviser expressed his optimism that taking all onboard he will present the framework very soon.

Prof Yunus assured that based on opinions from all, a greater national consensus will be created on reforms and lasting changes.

"It is a golden opportunity for the nation to reform and this opportunity needs to be utilized properly," Press Secretary Shafiqul Alam quoted the chief adviser as saying.

The chief adviser asked the political parties to give concrete and written proposals outlining what they want regarding reforms including the Constitution's amendment or rewrite.

The press secretary said reasonable time will depend on reforms proposals and it cannot be said now. "No one talked about a specific timeframe."

"All said the country will march ahead under your (Prof Yunus) leadership and we will be able to see concrete and very lasting reforms," Shafiqul Alam said.

The press secretary said the Islamic parties demanded the withdrawal of 300 cases against them and sought fair and transparent investigations into events in 2013, 2016 and 2021 to know actually how many of their people died.

Earlier on Thursday, a BNP delegation led by its Secretary General Mirza Fakhrul met with the Chief Adviser.

Earlier on August 12, senior leaders of BNP, Jamaat-e-Islami, CPB led by Shah Alam, Gonotantra Mancha, BJP, Islami Andolan Bangladesh, AB Party, Gono Odhikar Parishad, Democratic Left Alliance and NDM held separate meetings with the Chief Adviser and extended their full support to the interim government.​

 

[Saif]

‘Reform constitution based on equality and social justice’

Speakers at a programme yesterday called for reforms to certain clauses of the constitution in line with the principles of equality, human dignity, and social justice -- key tenets of the Liberation War and the July revolution.

www.thedailystar.net

‘Reform constitution based on equality and social justice’
Speakers call for change in line with Liberation War, July revolution principles

The Daily Star organised the first part of a series of discussions titled “Mass-Student Movement and Constitution Reform Outline” at The Daily Star Centre in the capital yesterday. Photo: Star

Speakers at a programme yesterday called for reforms to certain clauses of the constitution in line with the principles of equality, human dignity, and social justice -- key tenets of the Liberation War and the July revolution.

They argued that political and constitutional reforms should be implemented in a way that prevents any future autocratic rule.

Advocate Arif Khan, a constitutional specialist, suggested that a party chief should not become the prime minister, and that a prime minister should not serve more than twice.

The Daily Star organised the first part of a series of discussions titled "Mass-Student Movement and Constitution Reform Outline" at The Daily Star Centre in the capital.

Khan said since the Liberation War, people have distanced themselves from political parties due to their disregard for the constitution, resulting in a failure to secure the rights promised within it.

He highlighted four key areas for amendment to improve the political environment: balancing power between the president and prime minister; ensuring the Election Commission's financial independence; revising Article 70 to allow MPs to vote against their party's decisions; and completely separating the judiciary.

Prof Ahmad Mostofa Kamal of Independent University said changing the constitution alone will not alter the nation's fate; rather, those who implement it must also change.

Ali Ar Raji, assistant professor at Chittagong University's Communication and Journalism department, emphasised that constitutional changes should reflect cultural and traditional values rather than being imposed from above.

Tamanna Akhter, a Dhaka University student, advocated for setting educational qualifications for parliamentary candidates and reinstating the caretaker government system.

Akram Hussain, a Dhaka University student and member of the Anti-Discrimination Student Movement's liaison committee, proposed that a political party or alliance should only form a government if it secures at least 51 percent of the vote.

Mehedi Sajib, a co-coordinator of the quota reform movement from Rajshahi University, suggested that the constitution should be made more accessible to help people understand their rights and powers.

Mahfuz Anam, editor and publisher of The Daily Star, underscored the need for both political and constitutional reforms.

He said one of the major reasons for the downfall of Sheikh Hasina is her arrogance.

He thanked students who were involved in the mass uprising, and said, "You have brought about a great revolution. Let there be no arrogance among you. Humility should be embedded in your character. The nation will always salute you for your contribution."

The discussion, conducted by The Daily Star journalist Imran Mahfuz, also featured contributions from Jahangirnagar University's Prof Shamima Sultana, Prof Mohammad Golam Rabbani, student Maliha Mannan, and academics and students from various institutions including Jagannath University, Prime Asia University, Dhaka College, Rajshahi Medical College, Darun Najat Madrasa, Independent University, United International University, BRAC University, and North South University.​

 

[Saif]

It is time to reform the publishing sector

In the past regime, there was investment in books that only served a certain coterie, championing a certain narrative.

www.thedailystar.net

It is time to reform the publishing sector

In the past regime, there was investment in books that only served a certain coterie, championing a certain narrative. VISUAL: ALIZA RAHMAN

We have lost decades in our existential quest to build a knowledge-based society as a nation. Governments came and went, offering only lip-service and no unified vision or roadmap towards building a society where all everyday life decisions, whether personal or state-level, are based on some form of evidence-based knowledge. In other words, a society where expertise in any subject matter is valued, and where the creation and dissemination of local knowledge on a variety of subject matters is prioritised in the knowledge ecosystem.

The publishing industry is situated in the middle of making knowledge materials available to general readers, students, professionals, and public and private institutions alike. The publishing sector in any robust state plays a crucial role in reflecting the vibrancy of knowledge production and the creative output of a country. It mirrors the state of freedom of thought and expression that prevails in the country.

It will not be an exaggeration to say that for the entire lifetime of the country, this sector has suffered negligence in terms of its development, and access to being able to construct policies. This is despite the fact that to compete in the global economy these days, knowledge is the most important asset and should receive due attention in terms of how best it can be produced and delivered in the most professional and internationally accepted ways. Here is where the educational institutions and research organisations of the country also need to play a strong partnership role.

In the past regime, there was investment in books that only served a certain coterie, championing a certain narrative. Publications were part and parcel of the patronage system. Most government book acquisitions were primarily made to favour certain writers, bureaucrats and their family members who became best-selling writers overnight as their books were chosen for large government purchases. The merit of the books or the audience for whom the books were being purchased were hardly ever considered. There was no transparency in the process of project formulation, book selection and payments. We are aware of scams including the one about the Department of Primary Education's expenditure of Tk 150 crores in 2020 to purchase books for setting up Bangabandhu Corners in 65,700 schools. Out of this amount, over Tk 20 crores went to buying copies of only three books by someone named Najmul Hossain. The books were published by two entities owned by him. This is just one example among many such projects. An investigation ought to be conducted to investigate the extent of corruption and misappropriation of government funds in the name of projects for purchasing low quality, inappropriate books, or materials that only portray biased narratives about the country.

Under the current circumstances, despite the unprecedented challenges ahead, we are hopeful that this sector will receive renewed priority in forming a long-term unified and coordinated national vision. Therefore, I would like to place some recommendations that have emerged from my study of the existing literature on the sectoral development of the publishing industry and recent consultations with young and promising publishers who aspire for an environment conducive to nurturing their potential.

It is a matter of great privilege that a well-drafted National Book Policy is already in existence, and it only requires updating and review given the current context. The policy was first drafted and adopted by the cabinet in 1994. A revised and expanded policy was brought to the table for review and discussion in 2011.

An updated version based on a series of consultations with sectoral experts was drafted and submitted again to the cabinet. This attempt failed, and it has never seen the light of day. However, the draft is well prepared, forward-looking, with detailed plans for implementation. Moreover, most of its propositions are applicable even today. Just by reviewing the National Book Policy, it is possible to bring about some beneficial and necessary long-term reforms in the sector. In addition to what is covered in the policy the interim government could consider immediate, medium-term and long-term reforms along with a crisis mitigation agenda for this sector.

For the medium and long-term, one of the changes to consider would be placing the publishing sector under the purview of the Ministry of Commerce instead of the Ministry of Cultural Affairs. Strong interactivity with the education and cultural ministries could be maintained. The National Book Centre could be empowered as the apex body in charge of all matters relating to the knowledge sector; this can enable effective interministerial coordination. A detailed recommendation and implementation plan for transforming this institution into the National Book Development Council is provided in the draft National Book Policy.

In addition, we will require training facilities for enhancing the skills and building the capacities of aspiring publishing professionals. Grant programs may be created in all private and public universities for merit-based research and publications. We should create opportunities for international exposure to publishing practices elsewhere to improve our understanding and align our practices with international standards. Additionally, we should create opportunities for publishers to showcase their work at various international book fairs.

Furthermore, support should be provided for conducting reliable research and market analysis of the industry, enabling better decision-making at both the state and business levels. It is also important to support the creation of a strong sales and distribution network and to promote books throughout the country all year. Special provisions should be considered for promoting books through print, TV, and digital mediums.

Accompanying such reforms, existing copyright law should be reviewed and updated to better support the local publishing industry. Policies should be established to ensure fair and transparent purchasing by government and private institutions.

In the matter of immediate reforms and crisis mitigation efforts, we should turn our attention to the increased price of paper and other input material following Covid. With the current economic downturn already impeding recovery, we may want to consider offering publishers loans to revitalise the sector.

Additionally, two or more separate pressure groups and trade bodies representing publishers and booksellers should be formed within permissible legal framework. The existing trade body, ie the Bangladesh Pustok Prokashok O Bikreta Somiti (BAPUS) includes both booksellers and publishers. The result is a latent and existential defect, as it is a mix of two separate interest groups that are supposed to be on negotiating terms with one another

We hope that the current interim government will take the necessary steps towards rebuilding the foundation of the reformed state that will place excellence in knowledge production and dissemination at the centre of its state-reform agenda. The best way to attain this would be by reforming the publishing sector from the ground up. Rest assured, they can count on the youthful and patriotic energy of the well-intentioned and talented individuals in this trade to catalyse this essential and much-needed change.

Mahrukh Mohiuddin is the managing director of The University Press Limited (UPL).​

 

[Saif]

The alterations we need in our Election Commission

Elections are of paramount importance to a country’s quality of democratic governance.

www.thedailystar.net

The alterations we need in our Election Commission

Visual: Star

The 1970 Pakistan election was considered the "fairest and cleanest" election in Pakistan's history, which paved the way for Bangladesh's independence from Pakistan. However, Bangladesh has failed to institutionalise a sound electoral process in the 53 years since independence. Even though all elections held under caretaker governments (CG) were termed as mostly free and fair, elections held under political governments lacked credibility; some were even considered farcical. The key reason is political interference into the workings of election administration by successive political governments since 1972. To stay in power, the ruling class in most cases conducts purely decorative and ritualalistic elections denying independence to the Bangladesh Election Commission (BEC) and politicising other institutions with electoral responsibilities such as law enforcement agencies, local administration, judiciary, etc. aiming to manipulate election results.

The democracy-loving people of Bangladesh, where elections are festivals, are waiting to exercise their franchise in the 13th parliamentary elections. However, to ensure requisite institutional conditions for holding the next elections, the interim government needs ample time to rebuild Bangladesh's electoral institutions. The interim government and the new election commission, which is expected to be formed soon, must address the following key immediate issues not only to guide Bangladesh towards conducting genuine democratic elections but also to render the commission a professional citizens' organisation.

First, the country needs an independent election commission (EC) free from political intervention. The first and foremost step towards an independent EC is the recruitment of credible and non-partisan authorities with a demonstrated commitment to democracy and accountability to citizens. However, the Chief Election Commissioner and Other Election Commissioners Appointment Act, 2022 is incomplete, as it lacks recruitment criteria for commissioners, excludes citizen scrutiny, and does not ensure transparency. Moreover, the loopholes around this law allow the ruling class to easily recruit loyal people as election commissioners. Therefore, the interim government should engage an expert pool to review and propose amendments to the law to ensure it is comprehensive, adheres to international best practices, and ensures the recruitment of commissioners capable of neutrally performing their functions.

Second, no EC around the world can conduct credible elections alone. They need support from various institutions, including the police and civil service. During elections, the EC should emerge as the de facto government authority on election administration, assuming total control over police and bureaucracy, and cutting its link with the political government completely. Political neutrality of electoral institutions is paramount. However, due to blatant politicisation of state institutions, some police personnel in particular played a blatant role in ensuring victory of ruling party candidates, including widespread ballot stuffing in multiple elections held under a political government. In order to neutralise temporary poll officials, including police, the IG should amend the Election Officers (Special Regulations) Act, 1991 so that no temporary poll officials, including returning officers and police, can play a biased role in any future elections.

Third, the EC should become a citizens' organisation. In genuine democratic elections, citizens are "the ultimate controlling power." Therefore, EC-decision making must be based on citizens' voices to make the EC "of the people, by the people and for the people." The new EC should conduct its work transparently, including adopting a transparency guideline so that Bangladesh can benefit from an EC that is fully accountable to citizens.

Fourth, an election cannot be termed as credible if opposition parties do not participate and if there is a lack of qualified candidates running for office. The UN declared that "political contestants (parties, candidates and supporters of positions on referenda) have vested interests in the electoral process through their rights to be elected and to participate directly in government." In Bangladesh, there are allegations that some qualified political parties were denied registration with the EC, while parties that did not meet the registration criteria were enlisted. Lack of participation of all qualified political parties raises questions about the credibility of elections. Therefore, both the IG and the EC, before the next election should create equal opportunity for all political parties to participate in elections.

Fifth, election observation in Bangladesh has never been professionalised due to official and unofficial political intervention of the ruling party and EC restrictions. While election observers are a key electoral stakeholder, the EC never established professional relationships with observer organisations. Instead, many credible observers were labelled as "politically biased" when they published credible election observation reports.

There are many examples of political, election-time governments thwarting effective election monitoring by pressuring election observers in multiple ways. Practices that negatively impacted past observations efforts include NGO Affairs Bureau cancelling previously approved funds for observing organisations to prevent them from carrying out their mandates; intelligence agencies subjecting election observers to intense scrutiny, which discouraged observers from conducting election monitoring; BEC issuing credentials during the night preceding election day, preventing observers from traveling to their desired constituency, and restricting observers' movement.

Due to such barriers, most credible organisations stopped observing elections in Bangladesh. The IG and the BEC should develop a strategy not only to professionalise election observation but also to build a culture of accrediting credible election observation organisations as an integral part of elections.

Elections are of paramount importance to a country's quality of democratic governance. They are the means through which people voice their preferences and choose their representatives. I strongly believe the presence of an interim government creates an opportunity to bring elections back to the citizens of Bangladesh, including establishing a sustainable electoral mechanism which no longer change the rules of the game to engineer electoral outcomes.

Dr Md Abdul Alim is an elections specialist, currently working as principal director with Democracy International, and previously served as director of the Election Working Group.​

 

[Saif]

Rewriting or reform of constitution suggested

Legal experts, academics and professionals at a dialogue on Saturday mostly suggested rewriting the constitution, while some of them opted for reforms of the constitution during the...

www.newagebd.net

Rewriting or reform of constitution suggested
Staff Correspondent 01 September, 2024, 00:54

The Centre for Governance Studies holds a dialogue titled Democratic Reconstruction on Constitution at the Bangladesh Institute of International and Strategic Studies auditorium in the capital on Saturday. | New Age photo

Legal experts, academics and professionals at a dialogue on Saturday mostly suggested rewriting the constitution, while some of them opted for reforms of the constitution during the interim government’s term in power.

Majority of the 18 speakers advocated for rewriting the constitution at the dialogue organised by the Centre for Governance Studies at the Bangladesh Institute of International and Strategic Studies auditorium.

They suggested that the constitution should be rewritten through a constituent assembly or national convention, incorporating public opinion to prevent fascism or autocracy.

Some participants, however, argued that necessary amendments to the constitution could be made instead of entirely rewriting it.

The discussion, titled ‘Democratic reconstruction of the constitution,’ highlighted the ongoing debate over the best path forward for the nation’s governance framework.

Illinois State University professor and political scientist Ali Riaz presented a keynote paper at the discussion, arguing that the current constitution legitimised the actions and policies of the autocratic government led by fallen prime minister Sheikh Hasina.

Riaz, also a member of the advisory board of the Centre for Governance Studies, emphasised that true democratic reform was impossible without establishing a system of checks and balance, which he believed required drafting a new constitution.

He criticised the existing constitution for allowing Sheikh Hasina to simultaneously hold the positions of head of government, leader of the ruling political party, and even head of state. ‘We see no distinction between the government and the ruling political party,’ Riaz asserted.

Riaz further argued that Bangladesh experienced a drift towards individual autocracy over the past 15 years under Hasina’s rule, a shift he attributed to the powers granted to her by constitutional amendments.

He also highlighted the inability to maintain judicial independence under the current constitutional framework.

One of the coordinators of Student Movement Against Discrimination Mahfuj Alam stated that the ouster of Sheikh Hasina government led to the emergence of a new political community with people’s will being reflected by the interim administration.

Mahfuj, now a special assistant to chief adviser professor Muhammad Yunus, argued that this newly formed political community would play a decisive role in shaping the future Bangladesh.

He raised critical questions about how the interim government would continue to represent the people’s will.

Critiquing the 1972 constitution, Mahfuj pointed out its ideological bias, which he said closely aligned with the principles of the Awami League, blurring the distinction between the party and the state’s governing framework. This, according to him, eventually led to the public uprising that toppled the Awami League government.

Mahfuj rejected calls for the inclusion of the Awami League and its allies in the political process, arguing that these parties’ ideologies must first be reformed to align with the people’s will.

He emphasised the need to reconnect with the broader populace, stating, ‘We have to reach out to the masses.’

Supporting the drafting of a new constitution, Mahfuj claimed that it would not be a difficult task, as there was no fundamental difference between the will of the people in 1972 and that of 2024.

He stressed the importance of bridging these two eras, noting, ‘We must connect the will of the people of 1972 with that of 2024.’

Mahfuj further argued that the task of drafting a new constitution should not be limited to political parties but must involve various sectors of society.

He insisted that the preamble of the new constitution should honour the sacrifices made by students and others during the mass uprising.

Dhaka University’s former law student and an activist of the student movement Habibur Rahman questioned whether the present government was a constitutional government, mentioning that the government’s tenure was indefinite.

Habibur Rahman raised concerns about the legitimacy of the current government, questioning whether it could be considered constitutional.

He also cited the recent remarks by chief election commissioner Habibul Awal who stated that he could face the death penalty for failing to hold national elections within 90 days.

Habibur highlighted the constitutional requirement for elections within 90 days, arguing that no government could remain in power beyond this period without holding an election.

‘This is a government without a parliament,’ he remarked, adding that the government risked becoming similar to the one in place during the state of emergency on January 11, 2007, once the 90-day period expires.

He further argued that the interim government might not adhere strictly to the constitution, implying that a national election within 90 days was unlikely given the current political climate.

‘A new constitution is essential,’ Habibur asserted, emphasising that the aspirations of future generations could not be fully realised unless the constitution was amended periodically to reflect the will of the people.

‘We need to move beyond the basic structure of the current constitution,’ he added.

Habibur also advocated for the adoption of a ‘Second Republic’ or a new constitution to uphold the spirit of the student revolution that led to the fall of Sheikh Hasina government.

He suggested renaming the state, arguing that the title ‘Gana Prajatantri’ was inappropriate for a country not ruled by a monarchy.

Instead, he proposed the name ‘Jana Ganatantrick Bangladesh,’ which was originally suggested in the 1972 Constituent Assembly.

He proposed that a new constitution with a democratic spirit could be created through a constituent assembly, following a model similar to South Africa’s, where the interim executive, in agreement with all political parties, would draft the constitution before the national election.

To achieve this, Habibur recommended forming a national convention composed of individuals involved in the anti-fascist movement and representatives from political parties, united by the common goal of overthrowing the Awami League government.

He proposed holding a referendum to ratify the new constitution drafted by the national convention and suggested that an election could be held solely to form a constituent assembly tasked with drafting the constitution.

Political scientist and former Jahangirnagar University professor Dilara Chowdhury asserted that there was no ambiguity regarding the need for constitutional reform.

However, Dhaka University law professor Borhan Uddin Khan opposed the idea of drafting a new constitution, arguing instead that it could be amended.

He emphasised that one-third of the constitution was considered fundamental and therefore could not be altered.

Munira Khan, president of the Fair Election Monitoring Alliance, questioned the feasibility of amending the constitution without first forming an elected government.

New Age editor Nurul Kabir argued that parliament should not have the authority to draft the constitution, as its role is to legislate based on an existing constitutional framework.

He cautioned against the conflict of interest that arises when those who draft the constitution are also responsible for implementing it.

According to Nurul Kabir, in a democratic system, lawmakers should create laws based on a constitution drafted by others, underscoring the principle that sovereignty lies with the people, not the parliament.

Sujan secretary Badiul Alam Majumder supported the idea of drafting a new constitution through a constituent assembly, and suggested the removal of Article 7B, which states that the basic provisions of the constitution are not amendable.

Supreme Court Bar Association president AM Mahbub Uddin Khokon refrained from offering an opinion on whether the constitution could be rewritten under the current government, expressing uncertainty about who would be responsible for drafting it and forming a constituent assembly.

Human rights lawyer Sara Hossain emphasised the importance of involving constitutional experts in the discussion and criticizsd the lack of representation from diverse viewpoints during the debate.

Adviser for the ministries of local government and land AF Hassan Ariff called the discussion as open-ended which would connect more people in phases to carry out the democratic reconstruction process.

Ariff, also senior lawyer and former attorney general, called the interim government as trustee saying that it would not give any decision.

‘We have to go back to the students and they will carry it on,’ Ariff said.

Lawyers ZI Panna and Dilruba Shormin, retired district judge Ikteder Ahmed, Chakma Circle chief Raja Devasish Roy, and Centre for Peace and Justice executive director Manzoor Hasan, among others, also participated in the discussion conducted by Centre for Governance Studies executive director Zillur Rahman.​

 

[Saif]

Why overhaul of EC is topmost priority

Questions have been raised about the current Chief Election Commissioner (CEC) Kazi Habibul Awal and his colleagues.

www.thedailystar.net

Why overhaul of EC is topmost priority

VISUAL: SALMAN SAKIB SHAHRYAR

Since the newly formed interim government has taken charge, emergence of an impartial democratic governance has become the sine qua non for restoration of public trust in the electoral system. Since August 5, in a significant overhaul of the local administration, the interim government dismissed 876 elected representatives nationwide. To fill these positions, administrators were appointed in 61 districts, 495 upazilas, and 330 municipalities, largely replacing those who had served under the previous Awami League (AL) government. In addition to the removal of seven previously appointed municipal administrators, 323 municipal mayors were also dismissed.

The administration is also being shaken up with at least five mid-ranking police officials, who were arbitrarily dismissed or sent into forced resignation during the tenure of AL, being reinstated. The chief justice, five justices, top police officials, and the central bank governor—all have gone into retirement, yet there has been no change in the bedrock of the country's democratic governance i.e., the Bangladesh Election Commission (EC).

Questions have been raised about the current Chief Election Commissioner (CEC) Kazi Habibul Awal and his colleagues, following the fall of Sheikh Hasina's government. Despite his overseeing the 2024 general election, widely criticised for irregularities and bias, the CEC continues to hold his position at a time when the growing national sentiment is that a new, impartial EC is essential to restore confidence in the electoral process.

Over the past 53 years, Bangladesh has struggled to build a strong electoral system. While elections overseen by caretaker governments since the transition to parliamentary democracy in 1991 were generally considered to be free, fair, and participative, those conducted under political administrations of the ruling AL often lacked credibility due to interference by the government. Same thing happened when the then ruling BNP tried to manipulate the infamous Magura by-polls in 1994.

The electoral system took a significant turn in 2011 when the Sheikh Hasina-led AL abolished the constitutional requirement for a caretaker government through the 15th amendment. This decision led to a boycott of the 2014 general election by BNP and other opposition parties which was marred by violence, voter suppression, and allegations of government crackdowns on opposition leaders. More than half of the seats i.e. 153 out of 300 were uncontested and won by the single ruling party candidates. From 2014 to 2024, the country's electoral landscape has been defined by a series of controversial elections with poor participation, political repression, and concerns over the state of democracy.

Similarly, under former CEC KM Nurul Huda, the 2018 election marked the introduction of electronic voting machines (EVMs) which became a source of controversy with a turnout of 80 percent with the AL, in alliance with the Jatiya Party (JP), securing over 90 percent of the parliamentary seats. Observers reported significant irregularities, such as voter intimidation, ballot stuffing, and occupation of polling booths, raising serious doubts about the integrity of the electoral process and the role of the EC. In 2020, 42 prominent citizens called on the then President Abdul Hamid to establish a Supreme Judicial Council to investigate allegations of misconduct, including financial corruption, against the EC led by KM Nurul Huda.

In 2023, the EC's widely publicised dialogue with registered parties occurred with many expecting the EC to first enable the BNP to freely decide on participating. Instead, the EC considered its duty fulfilled by simply delivering an invitation to the BNP's empty, locked office. Additionally, TIB published a report on the 12th National Parliament Election criticising EC for failing to ensure fairness, transparency, and competitiveness.

The 2024 general election was widely seen as a repeat of previous polls, with an exceptionally low turnout of 27 percent, and the AL poised for another victory. These issues highlight ongoing concerns about the EC's ability to conduct credible elections, yet the EC seems mostly oblivious of its role in the flawed electoral processes. According to Articles 118(4) and 126 of the Constitution of Bangladesh, along with Article 4 of the Representation of the People Order, 1972, the EC is an independent constitutional body, accountable only to the constitution and relevant laws. Given this, it is crucial for the CEC and the EC led by him to uphold democratic principles.

On August 24, the CEC wrote a column for Samakal expressing concerns about the constitutional requirement for the EC to conduct general elections within 90 days, as mandated by Article 123(3)(b) of the constitution. He warned that failure to do so could be considered a grave offense under Article 7A, potentially punishable by death. However, he also acknowledged the impossibility of holding elections within this timeframe under current circumstances, likening the situation to "the sword of Damocles hanging over one's head." Given the complexity of the situation, looming crises, and the fact that elections overseen by the EC in the past 15 years have eroded public trust, he and his colleagues should have resigned immediately without waiting for either a call from the president or any other corner who they would have difficulty ignoring.

The interim government needs to rebuild electoral institutions starting with an independent election commission free from political influence. This is an opportunity to restore citizens' trust in elections by creating a sustainable, transparent electoral process that puts power back in the hands of the people. Hence, it is difficult to understand why the current CEC and his colleagues are not submitting resignations as opposed to being asked to do so. Do they really believe that any further election will be held under their stewardship? Or are the salary, benefits, perks and privileges they enjoy too good to be not enjoyed until shown the door?

Prof Syed Munir Khasru is chairman of The Institute for Policy, Advocacy, and Governance (IPAG), an international think tank.​

 

[Saif]

Get ready for reform, CA asks secretaries

Chief adviser to the interim government Professor Muhammad Yunus on Wednesday gave a host of directives to secretaries for building a new Bangladesh in the spirit of the recent mass uprising that ousted the Awami League-led regime...

www.newagebd.net

Get ready for reform, CA asks secretaries
Staff Correspondent 04 September, 2024, 17:00

Chief adviser to the interim government Professor Muhammad Yunus holds a meeting with the top bureaucrats at his office in Dhaka on Wednesday. | Star Mail photo

Chief adviser to the interim government Professor Muhammad Yunus on Wednesday gave a host of directives to secretaries for building a new Bangladesh in the spirit of the recent mass uprising that ousted the Awami League-led regime.


The directives including adopting reform programmes at all levels of the government and implementing those were given at a meeting with secretaries of the ministries and divisions at the office of the chief adviser.


All ministries and divisions have been asked to submit time-bound short, medium and long term plans reflecting innovative and citizen-friendly attitudes, according to a release from the press wing of the Chief Adviser’s Office at Tejgaon.

‘The plans will be monitored and evaluated regularly,’ said the release.


This was the first meeting of the chief adviser with the secretaries after the interim government assumed power on August 8.

The chief adviser asked the secretaries to consult with the authorities concerned for making reform programme while highlighting that the students-led mass uprising has given us fearless minds and confidence to check discrimination and uphold humanity.

Everybody should work with dedication, honesty and accountability to build a new Bangladesh, said the chief adviser.

He advised the secretaries to discard the stereotyped outlook.

The chief adviser said the government activities should run with creativity for giving priority to the interest of the people.

He also said the people’s satisfaction should be won by providing services easily and uprooting the corruption.

The chief adviser wanted the secretaries to ensure best use of public finance.

He said the competition in public procurement should be ensured.

The existing obstacles obstructing accountability and transparency should be removed, he said.

The chief adviser said the positive outlook created globally towards the country following the student-mass uprising should be utilised for the best interest of the nation.