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

[Saif]

Electoral reforms: Commission proposes referendum and representative recall system

The Electoral Reform Commission has proposed introducing a referendum system to gauge public opinion on critical state decisions and a recall system to remove elected representatives from the National Parliament. These recommendations are included in the commission’s full report alongside ot

thefinancialexpress.com.bd

Electoral reforms: Commission proposes referendum and representative recall system
bdnews24.com
Published :
Feb 08, 2025 23:37
Updated :
Feb 08, 2025 23:37

The Electoral Reform Commission has proposed introducing a referendum system to gauge public opinion on critical state decisions and a recall system to remove elected representatives from the National Parliament.

These recommendations are included in the commission’s full report alongside other electoral reform proposals. The report suggests that the referendum provision be introduced in the next parliament and the recall mechanism for MPs be implemented in national elections.

On Saturday, the full report was published on the Cabinet Division’s website. Earlier, on Jan 15, the commission submitted the report to Chief Advisor Muhammad Yunus, and a summary was shared with journalists.

KEY RECOMMENDATIONS:

• Abolishing EVMs - Electronic Voting Machines

• Cancelling uncontested elections

• Reintroducing the "No Vote" option in general elections

• Invalidating elections where "No Vote" receives the majority

• Re-election if voter turnout is below 40 per cent]

• Limiting the prime minister’s tenure to two terms through constitutional amendments

• Reinstating the caretaker government system

• Introducing online voting

The latest additions to these recommendations include referendums and MP recall mechanisms.

REFERENDUM: A TOOL FOR PUBLIC OPINION

The report defines a referendum as a method to directly seek public opinion on crucial state decisions, a practice adopted by many countries. Referendums have been held worldwide on matters like constitutional amendments, major legislation, and international treaties.

Bangladesh previously held referendums in 1977, 1985, and 1991, although the 1972 Constitution did not include a referendum provision. It was introduced in 1979 by General Ziaur Rahman through the Fifth Amendment.

However, in 1991, the 12th Amendment repealed the referendum provisions for Articles 58, 80, and 90(A). Later, in 2011, the Awami League government’s 15th Amendment fully abolished the referendum mechanism under Article 142.

HIGH COURT RULING & LEGAL IMPLICATIONS

Following the fall of the Awami League government due to mass protests, the High Court reinstated the referendum provision on Dec 17, 2024, by striking down the previous constitutional amendment.

However, legal experts question whether the ruling automatically restores the provision. According to Section 6 of the General Clauses Act, any repealed law must be re-enacted by parliament for it to be legally revived.

REPRESENTATIVE RECALL SYSTEM

The commission has recommended introducing a recall system for members of parliament, or MPs.

However, to avoid unnecessary expenses and political instability, it has proposed that recalls should not be applicable in the first and last year of an MP’s tenure.

How the Recall Process Would Work

The report outlines the recall mechanism as follows:

• A petition must be submitted to the Election Commission with the signatures of at least one-third of the total voters in the respective constituency.

• The petition must clearly state the reasons for recall and include voter signatures. The Election Commission will then evaluate the request and make a decision.

• If a majority (51%) of the voters in the constituency support the recall in a vote, the elected representative will be removed from office.

WHY A RECALL SYSTEM?

The report notes that in Bangladesh’s current electoral system, elected representatives lack direct accountability to voters between elections. If an MP fails to perform, breaks their oath, fails to fulfil promises, or engages in corruption, the public has no effective way to express dissatisfaction before the next election.

A recall system could serve as an interim solution to this issue, allowing citizens to hold their representatives accountable before their full-term ends.

CONCERNS AND RISKS

However, the report warns that a recall system could lead to political instability, with frequent recall attempts disrupting governance, misuse by political opponents to weaken rivals, and increased government expenditure if too many recall elections are triggered.

The report also highlights allegations of electoral fraud under the Awami League government, including vote-rigging, ballot-stuffing, seizing polling stations, and pre-casting votes on election night.

In addition, the Awami League government faced widespread allegations of corruption and money laundering, authoritarian governance, and serious human rights violations.

After the fall of the Awami League government, the interim administration formed six reform commissions in Oct 2024, including the Electoral Reform Commission, to address governance and institutional failures.

OTHER KEY RECOMMENDATIONS BY THE COMMISSION

The Electoral Reform Commission, led by Badiul Alam Majumdar, has recommended amending the Constitution to:

• Limit the prime minister’s tenure to a maximum of two terms

• Establish an Upper House (Senate) with 100 seats

• Bar a two-term prime minister from running for president

• Prohibit one individual from simultaneously holding the positions of party chief, prime minister, and leader of parliament

UPPER HOUSE (SENATE) FORMATION

The commission proposes forming the Upper House based on proportional representation, where seats will be allocated according to a party’s vote share in national elections.

The seat distribution would be:

• 50 percent from party members

• 50 percent from non-partisan groups, including civil society, academics, scientists, social workers, labour representatives, women’s rights activists, cultural figures, and marginalised communities

On top of that, at least 30 percent of both party-affiliated and independent Senate members must be women.

To qualify for Upper House seats, a party must secure at least 3% of the total votes in the national elections.

Lower House Expansion and Women’s Representation

• Increase the number of parliamentary seats from 300 to 400

• Reserve 100 seats for women, to be elected through a rotational system, ensuring they compete directly from designated constituencies

Presidential Election Reform

The commission recommends that the president be elected through an Electoral College composed of:

• Members of both houses of parliament

• Elected representatives from local governments

CARETAKER GOVERNMENT SYSTEM

The Awami League government abolished the caretaker government system through the 15th Amendment to the Constitution, leading to three national elections under elected governments.

The commission suggests restoring the caretaker government with a fixed four-month tenure, during which it would:

• Conduct both national and local elections

• Oversee legal and administrative reforms to ensure fair, non-partisan, and credible elections

A National Constitutional Council, or NCC, should nominate the caretaker government’s chief, who would then appoint 20 advisors.

If an NCC is not formed, the commission proposed that a high-level committee, including political parties, experts, and civil society representatives, and draft a framework for the caretaker government, which should be approved and implemented by parliament.

Local Government Elections

• Hold local elections before national elections

• Make local elections non-partisan by amending electoral laws

Political Party Regulations

New political parties must have offices in at least 10 per cent of districts and 5 per cent of Upazilas. They must have a minimum of 5,000 registered members

The commission is in favour of removing the rule that cancels a party’s registration if it fails to contest two consecutive elections.

It advocates for bringing registered political parties under the Right to Information -RTI- Act.

VOTING RIGHTS FOR OVERSEAS BANGLADESHIS

The commission proposes introducing postal voting for expatriate Bangladeshis, allowing overseas voters registered in the voter list and National ID, or NID, database by Oct 2025 to vote in the next national election

It also recommends developing an online voting system to modernise elections.

The commission held 64 meetings, 22 consultations with stakeholders, and collected feedback from 9,752 individuals until Dec 31, 2024.

On Oct 3, 2024, the interim government formed six reform commissions, including the Electoral Reform Commission, with Badiul Alam Majumdar as chair.

The commission was initially scheduled to submit its report by Dec 31, 2024, but was granted an extension until Jan 15, 2025. The full report was published on Jan 20.​

 

[Saif]

Six reform commissions’ reports made public Saturday

The full reports of the Electoral Reform Commission, Police Reform Commission, Judiciary Reform Commission, Anti-Corruption Commission Reform Commission, Public Administration Reform Commission, and Constitutional Reform Commission (Part One) were published on the website of the Cabinet Division...

www.newagebd.net

Six reform commissions’ reports made public Saturday
United News of Bangladesh . Dhaka 08 February, 2025, 20:22

Representational image. | UNB Photo

The full reports of the Electoral Reform Commission, Police Reform Commission, Judiciary Reform Commission, Anti-Corruption Commission Reform Commission, Public Administration Reform Commission, and Constitutional Reform Commission (Part One) were published on the website of the Cabinet Division (https://cabinet.gov.bd/) on Saturday.

A press conference is being held at the Foreign Service Academy to discuss the urgent issues recommended by these commissions.

Earlier, the reports of the Constitutional Reform Commission, Electoral Reform Commission, Police Administration Reform Commission, and Anti-Corruption Commission Reform Commission were submitted on January 15.

Later, on February 5, the reports of the Public Administration Reform Commission and the Judiciary Reform Commission were submitted to the chief adviser.

Five commissions, except for the Constitutional Reform Commission, were formed on October 3 of last year.

The Constitutional Reform Commission was formed on October 6.

All the commissions were given 90 days to submit their reports, and later, that time was extended several times.​

 

[Saif]

Five reform commissions set to miss deadline

Five reform commissions on health, women affairs, mass media, labour and local government are going to ask for more time as they are set to miss the deadline for submitting their reports to the interim government chief Adviser Muhmannad Yunus today.

www.newagebd.net

Five reform commissions set to miss deadline
Staff Correspondent 16 February, 2025, 00:31

Five reform commissions on health, women affairs, mass media, labour and local government are going to ask for more time as they are set to miss the deadline for submitting their reports to the interim government chief Adviser Muhmannad Yunus today.

Formed on November 18 by separate gazette notifications, the five reform commissions were assigned to submit their reports within 90 days or February 16, 2025. Several members of the commissions informed New Age on Saturday that they would seek a deadline extension up to mid-March.

They said that some of the commissions were yet to finalise their draft recommendations until Saturday.

Health sector reform commission chief Professor AK Azad Khan, said, ‘We are planning to submit the commission report by mid-March.’ The commission was formed to recommend necessary reforms to make the country’s healthcare system people-oriented, accessible and universal.

The labour sector reform commission also would request the government to allow at least one month more for finish preparing the full report aiming at ensuring labour rights and welfare, said its chief Syed Sultan Uddin Ahmed.

‘We will prepare the summary of our recommendations and submit it to the interim government by February 28,’ he said.

The local government reform commission was formed to gather recommendations on strengthening the effectiveness of local governance with its chief Professor Tofail Ahmed said on Saturday that the full report would take more time to finish.

He, however, added that the commission was working hard to prepare a summary to give it to interim government by February 21.

‘Discussions with political parties have started. We think our recommendations on local government reforms will be crucial in the discussions,’ he said.

The interim government formed the women affairs reform commission to generate necessary recommendations regarding women’s participation in all spheres and their empowerment. Meanwhile, the mass media reform commission was formed to recommend necessary steps to make mass media independent, strong and objective.

Mass media reform commission chief Kamal Ahmed and women affairs reform commission member Nirupa Dewan said that the commissions would not be able to complete their reports before the last week of February.

Following the ouster of the Sheikh Hasina-led regime on August 5, the interim government announced full-fledged reform commissions for the judiciary, electoral system, police, public administration and the Anti-Corruption Commission on October 3 last year. A full-fledged constitution reform commission was announced on October 7.

All the commissions of the first round, having their deadlines extended, submitted their full reports on January 15. The reports were made public on February 8.​

 

[Saif]

Reform commission to seek change in laws discriminatory towards women

Although the constitution talks about equality, inequality still persists in society. In order to eliminate these inequalities the women’s affairs reform commission is going to recommend changes to the constitution and to the laws.

en.prothomalo.com

Reform commission to seek change in laws discriminatory towards women
The reform commission will submit their report to the chief adviser at the end of this current month.

Naznin Akhter
Dhaka
Updated: 15 Feb 2025, 18: 54

Women and human rights organisations have long been demanding a uniform family law through which women of all religions will have equal rights of inheritance, child custody, marriage and divorce.

Although the constitution talks about equality, inequality still persists in society. Even political parties haven't taken any step to remove this inequality. In order to eliminate these inequalities the women’s affairs reform commission is going to recommend changes to the constitution and to the laws.

Major recommendations are expected such as permitting women equal rights in property ownership, guardianship and custody of children, marriage and divorce alongside closing the scope for marrying off minor girls (below 18 years) through special provisions in case of child marriage, and extending maternity leave to six months, enjoyed by government official and employees, for the female workers as well.

The Representation of the People Order (RPO) had the goal of ensuring 33 per cent women representation in the committees formed on every level by political parties registered with the Election Commission by 2020. The parties had also promised to fulfill the condition while getting registered in 2008 but, they could not fulfill it within the stipulated time.

Reportedly, the recommendation of the women’s reforms commission may advise more than 40 per cent or equal representation of women alongside suggesting 100 reserved seats for women in the national parliament in line with the recommendation of the constitution reform commission and holding direct elections in those seats.

Now the RPO has been revised to meet that target by 2030. Reportedly, the recommendation of the women’s reforms commission may advise more than 40 per cent or equal representation of women alongside suggesting 100 reserved seats for women in the national parliament in line with the recommendation of the constitution reform commission and holding direct elections in those seats.

The members who are there on the women’s affairs reform commission have also carried out movement on this issue at different times. They say that they will try to ensure that the interim government makes at least some changes before leaving.

Chief of the women’s affairs reform commission Shirin Parveen Haque told Prothom Alo, “We will seek to eliminate all forms of discrimination against women in the constitution, in the laws and in various programmes of the government. Towards that end, we will submit our recommendations to the chief advisor at the end of this month.”

“There will be some recommendations for the interim government and some recommendations for the future government. This commission is the result of the anti-discrimination movement. So, recommendations will be made to eliminate all forms of discrimination there are in women’s lives,” she added.

However, she did not want to give details about exactly what’s in the draft recommendations at the moment before finalising the recommendations. Shirin Parveen Haque said they have held 13 meetings with various stakeholders inside Dhaka and 7 meetings in different districts outside of Dhaka.

Before the formation of the women’s affairs reform commission, different organisations of women met with chief advisor Dr Muhammad Yunus on 20 August last year and made several recommendations there. Founding member of women’s organisation ‘Naripokkho’, Shirin Parveen Haque was at the leadership level in the discussion at that time.

It was recommended there to establish a women’s rights commission instead of working on various issues involving women in a scattered way. The women organisations proposed to set up the women’s rights commission, mentioning that commissions like the Right to Information Commission and the National Human Rights Commission failed to fulfill the responsibilities they were supposed to fulfill falling under pressure during the party government.

There will be some recommendations for the interim government and some recommendations for the future government. This commission is the result of the anti-discrimination movement. So, recommendations will be made to eliminate all forms of discrimination there are in women’s lives---Shirin Parveen Haque, Chief of the women’s affairs reform commission

When asked whether those recommendations made earlier would be included in the upcoming recommendation of the women’s affairs reform commission, Shirin Haque said, “They might be there.”

Reportedly, the heads of six reform commissions out of the ten formed by the interim government have already submitted their reports to the chief adviser. The women’s affairs reform commission is also looking into how women’s affairs have been placed in those reports.

Legal obstructions towards equality

Various articles of the 1972 constitution of Bangladesh, such as 19(1), 19(3), 28(1), and 28(2), protect equality and equal participation of women in all spheres under universal principles. While the constitution speaks of equal participation in state and public spheres, it recognises religious laws as well when it comes to family law. Matters like marriage, divorce, guardianship and custody of children as well as inheritance are controlled by the family laws.

Although Bangladesh approved the international ‘Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)’ in 1984, it retained reservations on articles 2 and 16.1(C).

Article 2 of the convention states that parties shall take legislative and administrative measures and reform their laws to eliminate all forms of discrimination against women. And, article 16.1(C) states that men and women have the same rights and responsibilities during marriage and at its dissolution. No government has withdrawn reservation on these two articles.

Bangladesh Mahila Parishad president Fauzia Moslem told Prothom Alo that after the Awami League government came to power in 1996, it adopted the national women’s development policy in 1997. That policy had talked about equal rights for women in all sectors, including property ownership. But, when the BNP-Jamaat-led four-party alliance came to power in 2001, it canceled that policy. The women’s policy formulated by the four-party alliance government did not include equal rights to property.

After the Awami League government came to power again in 2009, it adopted a new woman’s policy retaining equal rights from the previous one through discussions with the women organisations. However, they backed down from that stance later. Since then, until its deposition in the face student-public uprising in August 2024, the Awami League government did not show any interest of making any changes to the issues of inequality in the family laws, she added.

Fauzia Moslem reinstated that the Mahila Parishad supports the initiative to change all the laws and programmes that discriminate against women. The Mahila Parishad has long been demanding to ensure a uniform family law for citizens of all religions in the country. Even this time, in a meeting with the women’s affairs reform commission, the organisation sought equal rights in property, divorce, and guardianship of children. It also demanded the formation of adoption law and equal rights for women in that.

Fauzia Moslem believes that women as citizens should have equal rights in their personal lives. Otherwise, no matter how high a woman climbs she still does not have any dignity. Due to this lack of dignity, men consider women subordinate to them and there are various incidents of violence. If this women right is ensured in their personal lives, violence against women will decrease as well.

They have demanded the number of seats in the national parliament to be increased to 400 with 150 seats reserved for women and direct elections in those seats to ensure women’s political rights, said Fauzia Moslem.

The cabinet division issued a notification regarding the formation of a 10-member women’s affairs reform commission on 18 November last year. Other members of the commission headed by Shirin Parveen Haque are- senior fellow at BRAC Institute of Governance and Development Maheen Sultan, Bangladesh National Women Lawyers’ Association president Fawzia Karim Firoze, Bangladesh Garment and Industrial Workers Federation president Kalpona Akter, women’s health expert Halida Hanum Akhter, Bangladesh Nari Sramik Kendra executive director Sumaiya Islam, former member of the National Human Rights Commission Nirupa Dewan, Naripokkho director Kamrun Nahar, senior social development adviser at Asian Development Bank Ferdousi Sultana, and student representative Nishita Zaman Niha.​

 

[Saif]

Can we bridge the generational gap and reform our democracy?

Now, the youngsters have embarked on a campaign to reach out to the people in preparation for forming a new political party.

www.thedailystar.net

Can we bridge the generational gap and reform our democracy?

What appears to have exasperated the old-line political class is that young students succeeded where they had failed. VISUAL: MAHIYA TABASSUM

Are we witnessing a clash between the worldview and values of Gen-Z and the pre-millennial generations in our journey towards democracy? If so, what are the implications as the interim government completes six months of its tenure and begins consultations on the various reform commissions' recommendations? How will the aim of building a broad consensus on reforms and charting the roadmap for the next phase of the journey work out?

Political parties of different stripes, in slightly varying tones, have been impatiently clamouring for a parliamentary election as early as possible after "essential reforms" so that the winners can take control of the government. The mention of "essential reforms" appears to be a nod to public demand for reform in public institutions and services. Noticeably, the political class is not asking for nationwide local government elections that could restore many essential local government services and let citizens engage in a political process. Nor do they ask for the election of a constituent assembly to settle constitutional and governance structure issues.

What appears to have exasperated the old-line political class is that young students succeeded where they had failed. The student-led uprising toppled the authoritarian regime, which had appeared to be invincible and set to continue indefinitely. The political parties' 15-year struggle to unseat it had not brought the masses behind them as the students' movement did—no doubt helped by the unprecedented brutality of the regime in repressing the protesters.

Success has many claimants to paternity, while failure is an orphan. The political parties claim that they had prepared the ground over the years and that the student movement was merely the spark that ignited the fire. There is truth in this narrative, but the fact remains that the students were the vanguard at the critical stage. The political parties are reluctant to admit that their earlier efforts did not bring success. For that matter, they have not shown any contrition for their collective responsibility, beyond that of the Awami League, for the faltering democratic journey of the country since liberation.

Now, the youngsters have embarked on a campaign to reach out to the people in preparation for forming a new political party. They aim to change the political culture of intolerance, division, polarisation, and the absence of accountability that has dominated the political scene since the birth of Bangladesh. This initiative has provoked ambivalent, if not outright negative reactions from some political parties.

Political old-timers say they have no objection to a new party of the young, but many betray their nervousness by denigrating this effort, sometimes offering contradictory reasoning. Three lines of argument are deployed by them: students must remain students, they are too inexperienced to handle politics, and a king's party is not acceptable. How can immature youngsters make policies and run the country? Since three of the "student coordinators" of the movement are in the government, a new party of young people would be a "king's party" that would compromise the interim government's neutrality vis-à-vis the national election.

The generational divide is evident in the public dialogue on political transition, the performance of the interim government, and what should happen next. The known faces in the talk-show circuit in electronic media and columnists and commentators in print media—mostly pre-millennials and millennials—betray their generational bias.

The talking heads on television are often the protagonists of one or another existing political party, along with some familiar faces from the media and civil society. Largely outnumbered by their older counterparts, the young representatives of the July-August movement, when invited to participate, are usually articulate in their arguments and clear in expressing their goals and plans. Often, the effort in the shows to offer diversity of views ends up being an argument between the young and the rest.

The young speakers generally take the position that the sacrifice of July-August was not just to have an election and hand over the government to the winning political party/parties without at least beginning a process of political and institutional reforms and forging a broadly unified vision for the journey towards democracy. The other side, with minor variations, argues that the reform agenda can and should be handled by a "political" government (meaning themselves). They also assert that the interim government has been inept in addressing immediate day-to-day problems, such as improving law and order and controlling prices. They claim that the people want an early parliamentary election (but presumably not a local government election). They insist that political parties are in touch with the people and speak for them. It is evident that they are not in touch with the Gen-Z population, which makes up at least a third of the country's voters.

The anchors of talk shows are reluctant to challenge the often vacuous and self-serving assertions of political parties and older-generation pundits. The anchors themselves often appear sympathetic to the positions taken by the elders. Columnists, editorial writers in print media, and op-ed article writers, beyond rhetorical words about harnessing the energy and idealism of youth in nation-building, are at best ambivalent about the position presented by the young and the role they may play in shaping the country's future.

Prof Muhammad Yunus has always upheld the role of young people in his vision for development and his expectations for the future of Bangladesh. He described the students as his "employer" because they invited and persuaded him to take on the task of heading the interim government. Introducing Mahfuj Alam, one of the three youth representatives in the advisory council, to former US President Bill Clinton at an event in New York, Yunus described Mahfuj as the "mastermind" of the movement. I doubt that anyone in the audience took it literally to mean that Mahfuj singlehandedly orchestrated the fall of the Hasina regime. Yunus, in his usual effusive and generous way, had used a rhetorical expression. Talk shows and social media in Bangladesh were abuzz with discussions about Yunus being too deferential and submissive to students.

In an interview with The Financial Times at the World Economic Forum in Davos, speaking about events in Bangladesh, Yunus spoke of young participants in the anti-discrimination movement reaching out to the masses, preparing to form a political party of their own. He thought this might help bring about a much-needed change in the political culture of Bangladesh. Old-school politicians pounced on Yunus for being partial to the presumptive new party and questioned the interim government's ability to run a national election impartially. They ignore the work underway to empower the election commission to conduct elections independently, without government interference.

All stakeholders—Gen-Z and the rest—talk about the need for unity to move forward in our democratic journey. All seem to agree that a unified vision of basic goals and the steps to be taken is necessary. But with the divergent views of the young and the old regarding priorities and processes, how can these differences be reconciled? A realistic aim may be to forge a common understanding of the rules of the game regarding dialogue and, as much as possible, to reconcile the diverging visions by agreeing on a minimum common agenda of reforms that the interim government could initiate and that a future elected government could continue.

As discussions on the various reform commissions begin, the focus may be on the rules of engagement for all stakeholders—political parties, civil society, Gen-Z, and anti-discrimination activists—and the minimum common agenda for reforms. A part of this process would be the preparation of the July proclamation. The interim government seems eager to be involved, presumably to help minimise the generational divide, in formulating the July proclamation as a testament to the July-August uprising.

Nationwide local government elections at the union and upazila levels would allow citizens to engage in the political process and improve local services, which have become nonfunctional since the disbanding of local councils.

An agreement to hold an election for a constituent assembly within three months would start the process of settling constitutional and state structure questions with citizen participation. The adoption of a constitution would then pave the way for parliamentary elections, with its structure and character (bicameral, proportional representation, women's representation, etc) determined as prescribed in the newly adopted constitution. This step-by-step process would allow the necessary time and deliberation for the far-reaching reforms envisioned, helping to bridge the generational divide.

Dr Manzoor Ahmed is professor emeritus at Brac University, chair of the Bangladesh ECD Network (BEN), and adviser to Campaign for Popular Education (CAMPE).​