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

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Source : https://www.thedailystar.net/opinion/views/news/are-we-ready-bangladesh-20-3677801

Are we ready for Bangladesh 2.0?

We must commit ourselves to work with women, girls, youth, the discriminated, and the marginalised to build their agency and voice in Bangladesh 2.0. PHOTO: AFP

What just happened in Bangladesh is a revolution led and staged by students with people's support. In this historical moment when Gen Z and reformists are driving Bangladesh, I feel charged and would like to reflect on the call made by Dr Muhammad Yunus for people to come forward and work with him. The Yunus-led interim government along with the student leaders have the task for reform and the establishment of justice cut out for them. So let us take a step in the direction of our action and commitment to materialise this agenda.

Should we call for a new social contract—an agreement among individuals within a social group to abide by rules and laws for collective good—that reflects inclusion and equity? Are we ready to decolonise our minds and refrain from the "fear narrative" across all levels? Can we commit to stop celebrating violence in all possible narratives? If not, can there be a change until we shed old habits and work on our sense of responsible citizenship, moral values, and integrity?

Are we ready to stop discriminating based on gender, class, and caste, responding to the movement's call for an end to discrimination? Will we refrain from oppressing the marginalised? Will society commit to ending patriarchy? Can we commit to ending abuse due to structural causes as well as child abuse, child marriage, domestic violence, harassment, and sexual abuse perpetrated by individuals in both private and public spaces? Would this be possible in a society where 51 percent of girls in the age group of 15-18 years in Bangladesh are still being married off?

One way to address these will be by taking legal measures and bringing systemic change. However, these efforts will fail if we do not work to end socially acceptable harmful practices, sustained by society. Arguments put forward for harmful practices have always been about the safety and security of the girls and women in society. Did anyone ask if they need protectors or would rather opt for the end of male dominance? Are we ready to acknowledge the toxic traits of the oppressors that have inadvertently infected everyone even though the nation collectively hate them? I, however, understand that patriarchy and oppression by the powerful will take time to wear off.

Also, are we willing to restrain from arrogance and self-promotion, self-interest, and power aggrandizement? Experts have repeatedly stated that one of the reasons for the fall of the autocrat is her arrogance that grew from a sense of power over others and intolerance to dissent.

Are we ready not to impose our beliefs and thoughts on others and instead work on universal values? Are we ready to rise above our comfort zones and sit at the same table with those with opposing views to be truly inclusive? Can we agree not to force our decisions on children, and respect women and girls? Will we commit not to grab power, business, land, and property? Youth should be aware when the elders try to rationalise these practices as something necessary to secure their future.

We believe malpractice and exploitation cannot be the foundation of any stable or sustainable future. However, can we expect corporate actors to move away from extractive and exploitative practices and engage in business interests with the environment, ecology, climate change, and climate justice in mind? Will they commit to the transition from fossil fuels to green growth and invest as necessary to make that critical change? Youth engagement in climate justice is increasingly vital for fostering lasting change, particularly in Bangladesh, where recent political shifts have amplified the voices of young people. Their collective demands include accountability and transparency in the management of climate funds, alongside the eradication of corruption in environmental projects. As we rebuild the country, strong advocacy for a green economic recovery emphasising sustainable job creation in renewable energy and eco-friendly industries is needed. Addressing the challenges youth face at the grassroots level is essential, particularly in the context of climate justice. The actions today will shape the future.

No one is safe until all can participate and enjoy their entitlements. Therefore, society's agenda should be: how will we make everyone feel welcome and comfortable to share their thoughts and be heard as a mark of us respecting knowledge leadership, community, women, and youth leadership? Can we be connected to people, thoughts, ambitions, ideas, approaches, and energy in a way that has not been the case before?

Can we commit ourselves to work with women, girls, youth, the discriminated, and the marginalised to build their agency and voice in Bangladesh 2.0?

Farah Kabir is the country director of ActionAid Bangladesh.​

 

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Can a proportional representation system ensure better democracy?

In the PR system, each party may be required to pay a certain amount of money as security fee against each of its nominated candidates.

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Can a proportional representation system ensure better democracy?

FILE VISUAL: ANWAR SOHEL

In Bangladesh elections, we practise the first-past-the-post (FPTP) system. The candidate receiving the highest number of votes in a constituency wins a seat in parliament. The political party winning the highest number of seats in parliament forms the government alone, or through coalition. If the FPTP system is changed to the proportional representation (PR) system, in full or in part, it may bring about improvement in the existing political system of the country, providing for peaceful elections and more free, fair and credible representation of voters through their elected representatives in parliament.

In the PR system, an election is among registered political parties. There will no longer be 300 constituencies; the whole country will be one single constituency. Each party may declare names of its candidates well ahead of the day of election (three to six months ahead). In the alternative, for convenience's sake, lists of candidates may be closed ones. Except for a few top members, no one in a party will know the names of nominated candidates, until the results are declared.

In the PR system, each party may be required to pay a certain amount of money as security fee against each of its nominated candidates. A party believing that it may win only 100 seats based on proportion should field 100 candidates or a few more, like 130 candidates. That will help the party save security money. A provision may be there that if a party, for instance, fields 100 candidates but gets 120 seats based on proportion, it will be allowed to give 20 new candidates to be declared elected, subject to payment of higher (as penal) security fees against the additional candidates. In the alternative, a provision may be made that those 20 seats shall stand forfeited to be redistributed by a re-election, or that those 20 seats may be distributed to other winning parties according to the ratio of proportion subject to payment of additional security fees. A provision may be made that a party winning less than 10 seats, as against 100 candidates fielded, shall be deregistered for future elections, and the seats won shall be forfeited so as to be distributed among the remaining qualified parties proportionately. Or, if not, the security fees of those 90 candidates not elected shall be forfeited. That may act as a deterrence to help sensitise parties to field a reasonable number of candidates.

For an easier understanding, the matter may be illustrated as follows in the context of Bangladesh's unicameral legislature. If four parties—namely parties A, B, C and D—contest, each nominating 300 candidates from the centre, and after polling and counting it appears that Party A has received 50 percent of the total votes cast, Party B received 30 percent, Party C 10 percent, and Party D 10 percent, then Party A will take 50x3=150 out of 300 seats, Party B will take 30x3=90 seats, Party C will take 10x3=30 seats and Party D will take 10x3=30 seats. Thus, all 300 seats will be occupied. If a party gets only one percent of the votes cast, it will get three seats in parliament. If a party gets only 0.34 percent votes, it will get one seat in parliament. If the ratio of votes received by a party is less than 0.34 percent, that party may or may not get a seat, based upon an arithmetical formula to be made regarding that. If a party gets fewer than 150 seats, it will have to make a coalition to raise its seats to more than 150. This system is working in many countries, and can be further studied by examining how it works in countries practising the PR system.

No by-election will be necessary in case of deaths, etc of a member of parliament. The party concerned will fill in the position of the demised member from the original list as per the order of precedence for the rest of the tenure. Or in the alternative, that party may be allowed to auto-elect a new candidate as the new MP. This way, the proportional representation system may reduce expenses as well as hassles of holding by-elections. Reserved seats for women may be done away with. To ensure adequate representation of women in parliament, each contesting party may be required to declare two lists, i.e. a general list for all and a reserved list for women only. If 10 percent of the seats should be reserved for women, a provision of law may be that any party nominating candidates shall be required to enlist two women candidates among each 10 candidates. In that case, a party proposing 300 candidates shall propose 60 women candidates. Hence, there shall be 60 women MPs among 300 MPs. A separate election to reserved seats for women shall not be necessary then. That also simplifies the overall electoral process.

If a party does not win more than 50 percent of the seats, and a coalition is, therefore, needed to be made and cannot be made readily within a certain specified time, the largest party may be allowed to make government, and its seats in parliament may be declared deemed (by legal fiction) raised to 151 for the formation of the government and all ordinary voting purposes in the legislature. No right-away stalemate in government or parliament will be created in that case. If a coalition can be made, a coalition government can run for a full term of five years or as long as the coalition endures. If a coalition breaks, and no further coalition is made, a fresh election may be held within 90-120 days of that.

If the PR system is introduced, the provision of contest by independent candidates may be repealed. In the present FPTP system, a genuine, strong candidate may field a few fake or dummy independent candidates in order to obtain polling agents for them and to control polling stations by them. Individual candidates in constituencies may resort to multiple malpractices in order to win at any cost, whether voters support them or not. In the PR system, one cannot do that for more than one seat. Originally, one could contest in all 300 seats by virtue of the constitutional provision. Then by the 1984 amendment of the Representation of the People Order (RPO), 1972, it was made five seats. Then by further amending the RPO in 2008, it was made three seats. There was no rationale for it. In the PR system, there will be no scope of that. Constitutional amendments will be necessary to introduce the PR system. Not many amendments—only a few amendments may do.

Such a system, if introduced, will do away with many prevalent malpractices like muscle and money power, bribing, violence in and around polling stations, ballot snatching, ballot stuffing, rigging, etc. The hassle of maintaining 300 constituencies will no longer be there. Delimitation of constituencies will not be necessary. The hassle of contest by independent candidates will be done away with. The hassle of contest in more than one seat by one candidate may also be done away with. Another major advantage of the system will be that the hassles of nomination submissions locally all over the country will be substantially reduced. Nomination will be submitted centrally in Dhaka, the capital, directly or online. All (100 percent) voters will be represented in parliament. Now a party, receiving only 25 percent of the votes cast, may form government. That never happens in the PR system.

Parliamentary elections may be more transparent, free, fair and credible in the PR system. In the existing FPTP system, incidents of false voting, centre-capturing, ballot-snatching and ballot stuffing, rigging, manipulation, influencing the police, administration and polling officers with money or threats, etc are quite many and random. If the proportional representation system is introduced, such incidents will reduce substantially.

More than a hundred countries in the world practise some form of the PR system in national elections. The demographic homogeneity in Bangladesh may be conducive to the introduction of this system. The pros and cons, merits and demerits of the proportional representation system may be studied in the context of Bangladesh, and if found suitable and introduced, the conduct of elections in Bangladesh may become much easier. Elections will be far less expensive. That may help develop a healthy political culture and a better democracy.

Kazi Habibul Awal is the chief election commissioner of Bangladesh.​

 

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Why a political consensus on reforms is necessary

The country needs a new political settlement among the key actors, currently critically important in Bangladesh’s politics.

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Why a political consensus on reforms is necessary

Illustration: Rehnuma Proshoon

On August 5, 2024, Sheikh Hasina, who was serving as the prime minister, tendered her resignation and subsequently left the country. What initially appeared to be a relatively modest request for reform in the quota system rapidly evolved into a widespread and intense mass uprising within just a few days. This transformation underscores the deep-seated discontent simmering beneath the surface.

The mass uprising can be attributed to four major factors. First, the demand for reforming the quota system had garnered substantial support from students and the general populace. Second, persistently high inflation, shrinking job and business opportunities, and pervasive corruption created significant public dissatisfaction. Third, the lack of political freedoms, restrictions on freedom of expression, and general political oppression contributed to growing discontent among the populace. Finally, the Awami League's top leaders, in their attempt to suppress the movement, exhibited a severe lack of sensitivity and arrogance. Their use of excessive force to quell the protests resulted in an unprecedented number of fatalities among students and ordinary citizens within just a few days, further fuelling the anger and intensity of the uprising.

On August 8, 2024, the interim government, under the leadership of Dr Muhammad Yunus, a Nobel laureate, came to power. The interim administration is expected to manage the immediate aftermath of the unrest, address the pressing issues that had fuelled the uprising, and lay the groundwork for a stable and orderly transition to a more permanent government.

The political settlement under the Hasina regime

Under Sheikh Hasina's leadership, the political landscape was characterised by a dominant party regime. Although the 2009 election was competitive, subsequent elections in 2014, 2018, and 2024 faced significant criticisms for their serious flaws. Sheikh Hasina's dominant party regime exhibited five key characteristics. First, the regime was marked by a coalition of five primary actors: the ruling political elites, influential economic elites (predominantly cronies), the civil bureaucracy, the military bureaucracy, and law enforcement agencies, all centred around Prime Minister Sheikh Hasina. This coalition worked collaboratively to maintain control and influence across various sectors. Second, this coalition fostered a "stable corruption equilibrium" among corrupt ruling political elites, corrupt civil and military bureaucrats, corrupt law enforcement agencies, and dominant private sector cronies. These actors had a broad consensus on major economic policies and political agendas, particularly in managing and profiting from critical economic sectors, including large infrastructure projects. Third, the regime faced a significant legitimacy deficit, largely due to the flawed elections of 2014, 2018, and 2024. This legitimacy gap was further exacerbated by the use of force, political repression, and widespread corruption to retain power. Fourth, by focusing on infrastructure and development, the government aimed to present itself as a promoter of progress and economic growth, thereby compensating for its shortcomings in democratic governance and political legitimacy. Fifth, this regime managed to secure "unconditional" support from key regional players of geopolitics, especially India, China, and Russia, despite the regime suffering from a critical deficit in political legitimacy.

However, the regime's claim to developmental legitimacy weakened as the economy plunged into crisis from prolonged high inflation and macroeconomic instability. Finally, with the departure of Sheikh Hasina, the old political settlement was broken.

Major challenges of the interim government

The interim government is confronted with several significant challenges. First, the government should address the breakdown in law and order, ensuring security and restoring public trust across the nation. There have been reported cases of attacks on minorities, which need to be prevented. Second, the interim administration must work to restore and optimise supply chains to support businesses, ensure the availability of essential goods, and promote economic recovery. Third, with high inflation eroding purchasing power, the government must implement measures to stabilise prices. Fourth, the government needs to tackle severe macroeconomic issues, including falling foreign reserves, and sluggish growth in exports and remittances. Fifth, to ensure a smooth and credible democratic transition, reforms that uphold democratic principles and restore public confidence in governance should be instituted by fostering political dialogues and setting up transparent electoral processes. No doubt, all these challenges may intensify in the context of the changed and uncertain dynamics of the interim government's relationship with regional and global power players.

Why is a new political settlement necessary?

The interim government will not be able to function properly and address challenges if there is a fragile political settlement. The country needs a new political settlement among the key actors, currently critically important in Bangladesh's politics. They are the student movement platform, political parties, the military, the bureaucracy, and the private sector. However, these actors have differing agendas and lack a unified consensus. Also, the regional and global power players may exert their influence on these agendas.

While political parties are pressing for elections to be held as soon as possible, the student movement advocates for comprehensive reforms across political, administrative, constitutional, economic, and institutional domains to ensure a meaningful democratic transition. There is strong support for these reforms from civil society. The roles and positions of the military, bureaucracy, and private sector in this context remain ambiguous.

Without a clear consensus on the necessity of these reforms, and with the possibility of elections being held prematurely, there is a substantial risk of reverting to entrenched, undemocratic practices. The outcome of the new political settlement will largely depend on the relative strength and bargaining power of these actors. Civil society organisations have a crucial role to play in facilitating dialogue to forge a political consensus on the reform agenda, thereby contributing to a more stable and democratic political settlement. If that doesn't happen, the country could face extended periods of political instability.

Dr Selim Raihan is professor at the Department of Economics at the University of Dhaka and executive director of South Asian Network on Economic Modeling (Sanem).​

 

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The opportunity to reform Bangladesh must not be wasted

We Bangladeshis have a special strength, which enables us to form mass uprisings and put up resistance.

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The opportunity to reform Bangladesh must not be wasted

The disciplined manner in which the students conducted the movement and the courage that they showed us then truly gave us faith in them. Photo: Naimur Rahman
We Bangladeshis have a special strength, which enables us to form mass uprisings and put up resistance. There is a saying that rebellion against injustice is justified. In Bangladesh's context, we can also say that rebellion against injustice is irresistible. Time and again, our people have risen against injustice, bringing victory. Then again, what is worrying is the defeat of the purpose that follows. We saw this in 1971, in 1990, and it is a matter of concern even now.

This movement was definitely a mass uprising. Though students started it, we saw everyone taking part in it—from children to the elderly. Parents of the students joined in, their teachers joined in; journalists, lawyers and ordinary citizens in the cities as well as remote areas joined in, coming out to the streets. This is a remarkable feat. A key characteristic of this uprising was that it was not led by any political party, unlike the movements in 1969, 1971 and 1990. Political parties did support the movement. The left democratic parties expressed support from the beginning. The BNP said they supported the movement a lot later on. But none of them were the leaders. This movement was truly led by the students, under the banner Students against Discrimination. This name is beautifully significant. The fascist government had spread its roots so deeply that no other political party deemed it possible to remove it. The strength that was displayed by these inexperienced students to make it possible, I think, is the inherent strength of Bangladesh.

In every country, whenever an autocracy falls, severe uncertainty follows. This is because they ruin the state institutions and the democratic system. Then different groups emerge and try to fulfil their own agendas. We witnessed this on August 5 as well. When we learnt at around 2pm that Sheikh Hasina was leaving, the leaders of Students against Discrimination could not be found for a few hours. This created a situation of vandalism, looting, and communal violence, which continued well into the night. There was no leadership, no direction. The military assumed authority, but it didn't seem like they had any preparation to deal with a situation like this. As a result, we witnessed events that marred this victory.

The presence of the leaders of Students against Discrimination, who later that night called for stopping the violence, destruction, and communal violence, is very important. The Bangladesh that we dream of is where our state institutions function properly, a democratic system is in place, and everyone plays their roles responsibly. Ensuring this is critical.

During the 90s, we know that the three coalitions each had an outline, none of which was realised. Jamaat-e-Islami was also in the movement with Awami League and BNP, after which it became a partner of BNP. We now know how many actions took place against our national interest. In 1991, under Prof Rehman Sobhan, a task force was created in which a lot of influential thinkers participated and planned how the future of Bangladesh would be. I had written a book in Bangla with a summary of it. None of this was paid heed to by the subsequent elected political parties. The path created by military dictator Ershad was followed by the same parties that brought him down. Neither the education and health goals nor the national interests were realised.

Whenever the people, whose power is needed and used to bring down an autocracy, are deprived of their power and rights, it leads to an accumulation of powers who work for their own benefits. This includes both national and international groups. We experienced this in the 1990s and should remember that now.

Now, the Students against Discrimination are a key stakeholder. Along with them, the Left Democratic Alliance, the teachers' network, journalists, lawyers, writers, artists, and singers all participated. I believe all of these groups need to play an active, united role now. Otherwise, our state will be occupied again. Now is the time to prevent that occupation.

Already signs of occupation are visible. We were all surprised to see the meeting at Bangabhaban with the president, the current legal head of the nation, where there were no representatives from the Students against Discrimination. Instead, political parties who had nothing to do with the movement, and already have accusations of wrongdoing, participated in the first crucial meeting. It was said that meetings would be held with the political parties, but the Left Democratic Alliance, which has always been active in this movement, has not been called to these meetings. I believe these deviations are a reason behind the unwanted events that occurred across the country.

There were three kinds of attackers. The first were those who have suffered over the past decade and more. They have been outraged for a long time. The state should have given them hope that those who had done them wrong would be brought to justice. The second kind were opportunity seekers. They look for any opportunities to loot and gain monetary benefits. We see them even when there is a road accident. Some people go forward to help any victims, and there are some who go to steal. The third were communal attackers who committed heinous crimes on vulnerable communities that sent a wrong message to everyone about the movement, those who participated in the movement, and about Bangladesh as a whole to the international community.

The student leaders have spoken out against it. We, from the Bangladesh University Teachers' Network stood up, and later on, some political parties also sent positive messages. I am assuming that no further events that can stigmatise this movement will take place anymore.

The prime minister has resigned, the ministers' cabinet has been dissolved. The president has dissolved the parliament. He will now give another election. According to the constitution, he is the main person, the last resort. To support him in doing this, for the time being, he can form a government. The constitution does not have any restriction against that. This interim government is very important for changing the future of Bangladesh. The main duty of this interim government is to hold the election. But there are some requirements that need to be fulfilled before that, which are reforming our state institutions. Our government agencies are flooded with corruption. Even the court is now dysfunctional.

The constitution itself needs reform. It has become autocratic, power-centralised, and communal. Anyone who comes to power with this constitution will turn into an autocratic government. So, to reform the constitution, a national consensus needs to be created. Then there are the megaprojects and mega-development trends in the financial sector. It is a centre of mass corruption. Our rivers, water bodies, forests, and hills are occupied. In the name of development, there were many projects such as Rampal and Rooppur power plants that are just bad for us and our future. Wealth has been centralised. A small segment of the population has accumulated a massive amount of wealth. All of this should be investigated. At the very least, the pathway must be created to change the trend of all our economy, resources, and political power going into the hands of a few. We cannot go back to the same place we just came from. We cannot allow a repeat of all of this considering the hundreds of students and innocent people who have given their lives to get us this opportunity now. So reforming the state institutions, the constitution, and the policies needs to be done.

But I do believe that the aspiration that was behind this movement cannot be fulfilled without the active participation of Students against Discrimination and everyone who stood beside them. If the ordinary citizens stop their own active participation, thinking that some people are going to go forward and develop and reform the country, that will be a mistake. This thought has doomed us in the past. Awami League, BNP, Jatiya Party—everyone has shown that when in power, they completely forget the people's interests. So we have to be alert to ensure it ourselves.

Those who want to gain personal benefits and want wealth centralisation actually want an autocratic government in Bangladesh. It becomes easier for them to deal with this government for the sake of their own financial gains. This type of government benefits some foreign parties too. We know India has multiple projects in Bangladesh that are harmful to us, such as Rampal and some projects by Adani. Russia has given us loans for Rooppur. We cannot even properly fathom what kind of catastrophe we are heading towards because of this. The US has multiple contracts about oil that don't go in our favour. China's big contracts with Bangladesh lack clarity. So, for these national and international groups, it is better if there is no democratic system in place in the country. No matter how much these countries preach about democracy, when it comes to other nations, they will always prioritise their own financial benefits over democracy.

Among the powerful stakeholders in the Bangladesh government, we find brokers for China, the US, India, and Russia. We just don't see a person truly representing Bangladesh's interests. Now is the time to truly find people who will negotiate with all these parties with Bangladesh's interests in mind over everything else. We have to work towards this and ensure it ourselves. These are long-term objectives. For the interim government, the first thing to ensure is the security of the nation's citizens, especially all the minorities including Hindus, the Indigenous groups, and even the Muslim minorities such as Ahmadiyyas.

No one should come under attack because of their identity either. Just because someone is a police member, does not mean that attacking them is justified. It doesn't mean they are a wrongdoer. Just because someone is a member of the Awami League doesn't mean they are a bad person. Those who have committed crimes, of course, need to be brought to justice. The police who have shot at the students, of course, need to be tried in court. But based on the identity of the police or Awami League, they cannot be attacked outside of the law. Sheikh Mujibur Rahman's statue or his museum should not have been vandalised. This was not the goal of the movement. The goal was to remove the autocracy and the torture of a corrupt system. It is the responsibility of us all to ensure the movement isn't tarnished by actions like these.

This is a big responsibility on the shoulders of the students. The 2018 Road Safety Movement by students of schools and colleges was an amazingly joyous event for us to witness. The disciplined manner in which the students conducted the movement and the courage that they showed us then truly gave us faith in them. They have grown up since then, and a lot of them are now here in this movement. A lot of the seniors that we had before had perhaps given up, sold themselves, turned into fossils, let go of themselves. It is now the rest of us seniors' duty that this youth doesn't lose track. We should guide them with whatever resources we have and the organisations that are in place to support them. We should stand beside them to make sure that the blood that has been shed by the youth, and the friends that they saw die beside them, is not wasted by destroying the opportunity they have created by sacrificing so much.

Anu Muhammad is former professor of economics of Jahangirnagar University.​

 

[Saif]

Revolution to reform: The long and arduous path to lasting democratic change

The necessary steps that must be taken in consultation with the constitution for a just democracy in Bangladesh.

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Revolution to reform: The long and arduous path to lasting democratic change

It is important to follow due process in consultation with the constitution in each step towards achieving reforms. FILE PHOTO: STAR

Bangladesh's recent transition of power, albeit long overdue, triggers troubling questions about what led us to this point. The fact that the police, paramilitary forces and other security personnel could be used to brutally shoot at unarmed student protesters, that the judiciary failed to intervene, and that a number of media institutions were complicit in peddling state-sanctioned propaganda, laid bare the deeply eroded democratic institutions in our country.

The question of how we harness the energy from a successful people's movement to engender lasting reforms to our democracy, preventing future misuses and abuses of power of this magnitude, but more importantly enabling a democratic, just and modern Bangladesh that we can all be proud of, therefore remains paramount. In other words, the much sought-after alternative (or "bilokpo") is not about (a set of) people or any particular political party, but rather a set of institutions and processes that people can trust and rely on to protect the public interest and their rights even under the worst of leaders.

As important as this reform agenda is, it is equally important to follow due process in consultation with the constitution in each step towards achieving these reforms, or else we would risk our rebirth being on the back of a shaky foundation.

A constitutionally-sanctioned path to an interim government

Although it is yet to be publicly available, Sheikh Hasina's resignation has opened numerous debates on the formation of an interim government. Following countless hours of meetings, Prof. Muhammad Yunus was selected to be the Chief Adviser of the interim government. This was a welcome announcement amidst all the uncertainty and instability, since the power vacuum and disorder in the immediate aftermath of the resignation continues to be ripe for exploitation by opportunistic forces—including the starving opposition, ambitious factions within the armed forces, or foreign interests—and there has been ongoing violence against minority communities. It remains urgent to complete the formal handover of power, since the current vacuum could still be used by the military to take over using a proclamation of emergency by invoking Article 141A of the constitution, an outcome that must be avoided at all costs.

However, given the many wounds inflicted on the constitution over the past three decades of a fraught democracy, the constitution-respecting, yet viable and just, path to the formation of this interim government remains unclear.

The Constitution (15th Amendment) Act 2011, introduced by the Awami League government, removed the provision for a caretaker government. Given the many controversies and irregularities surrounding it, the first best option would be to carefully review the relevant court rulings by constitutional experts to confirm its full interpretation. In the absence of such due diligence, arguing that this "interim" government is materially different from the previous iterations of "caretaker" governments may prove difficult.

Assuming this is not realistic, another possible way forward is through a President's Ordinance that ushers in the interim government with clarifications on term limits, scope of governance, and rule-making powers. However, this poses the risk of being overturned, and the process deemed unconstitutional, by the next elected parliament.

Another approach, which may also be used to legally "button up" the option above, may be to introduce a referendum to gain public support in formulating an interim government that will be tasked to hold a credible election under Article 119(2), followed by a ratification by the Appellate Division arguing doctrine of necessity under Article 106. In this regard, it may be argued that initiating a referendum is not materially "altering or repealing" any parts of the Constitution, but merely adding to it.

Regardless of which path is chosen, it is extremely important that it is accomplished in a way that cannot be challenged in court, delegitimising the "interim" government, and creating another power vacuum and associated instability before it can fulfil its duty of organising a free and fair election. Secondly, the committee of constitutional experts charged with this process must be very careful, as this sets precedent for the next few decades of democracy and governance in Bangladesh. A third, more ideological argument ties to the movement's spirit of re-establishing rule of law and strengthening democratic institutions in the country. Therefore, it is incumbent upon decision makers to ensure that the first step towards a renewed Bangladesh must show commensurate respect for the rule of law, which includes the prevailing, however dysfunctional, constitution.

Further roadblocks to a free and fair election

Even if we find a constitutional path forward towards establishing an interim government, there are still risks. The Bangladeshi public has had bitter experiences in the past with a caretaker government staying beyond its term. To tackle these risks, it is important that there are clear, procedural safeguards to ensure credibility of the government, and a time-bound transition of power. These safeguards include ensuring that the government consists of competent civilian advisors without political ambitions, whose nomination and selection is done through a transparent and publicly acceptable process, and not dictated by the military or political parties. It is necessary that the president and his advisers consult with a broad range of non-state stakeholders, in addition to student representatives and political constituencies, for transparency and widespread acceptance.

As if all these hurdles were not enough, perhaps the most difficult challenge comes from ongoing debates around the interim government's term limit. Undoubtedly, a period of 90 or 120 days from the dissolution of the parliament is insufficient for an election to be held, especially against the backdrop of systematically dismantled and co-opted institutions.

Some, including the student representatives, suggest a term limit of three to six years, while others have recommended a term limit of up to one year, and no more than two. The former argue that three to six years is needed to create new or renewed political leadership that provides the public with options during polls, as well as necessary institutional reform across all sectors.

Critics of a longer-term limit for an interim government have flagged the risks of it undermining democratic norms, being deemed unconstitutional and their decisions overturned by a future elected parliament, limitations in rulemaking powers to create lasting reforms, and a lack of mandate for public accountability that is necessary for effective and transparent governance. An unelected interim government also exists against the backdrop of possible military co-option, which could destabilise our aspirations and sacrifice for democracy and rule of law.

Even if the doctrine of necessity, or a referendum, or both, are used to extend the term limit, one must remember that it sets legal precedence and must be fool-proof from current or future challenges in court.

Accountability of perpetrators

While there are widespread calls for justice, including the need for an interim government to ensure an independent court tries perpetrators of violence against students and civilians, it is unlikely a fair trial will succeed under a non-independent judiciary. Therefore, a key task of the interim government could be facilitating a fact-finding process through the United Nation (UN)'s transitional justice framework. The recently announced citizen-led inquiry commission could act as a "truth and reconciliation commission" with UN support to ensure transparency and international standards.

This fact-finding process can pave the way for substantive criminal justice reform under a future-elected government, ensuring transparency and accountability with evidence permissible in court.

Constitutional reform and beyond

However, even with a free and fair democratic election, lasting reform is unlikely to materialise if our painful political history of betrayals is any indication. For this reason, the framework and process for a fundamental constitutional reform must be outlined and agreed on through robust public consultations during the period of the interim government, with its ratification mandated as the first task of the new elected government (a better alternative might have been to ratify the constitutional amendment through a national referendum, but our current constitutional framework does not allow for it). This must be a thorough process which reverses the crippling changes made by the 15th and 16th amendments, including elimination of the widely debated Article 70, that restricts voting freedom for parliament members, protection and freedoms to organise and register new political parties, deliberation around a two-layered parliament with proportional representation in one of the houses to provide additional cushion against future constitutional encroachments, decentralisation of power effectively to regional and local constituencies, re-establishment of the independence and separation between the judiciary, executive and legislative branches of government, guarantees to safeguard human rights and freedom of expression for all including political oppositions and ethnic/religious minorities, and imposition of term limits for party and national leadership.

This process, under the future-elected government, must include public consultations, and deeply study and learn from the successes and failures of similar reform processes in other countries such as Chile, Lebanon, Kenya and Tunisia, and from our own country's chequered history.

However, even the most well thought out constitutional reforms are ultimately not enough. If there's anything this painful and dark chapter of Bangladesh's history has taught us, we must always be vigilant and courageous against those in power, and always keep our representatives in check. If we look around, examples abound of revolutionaries turned dictators. It is only a politically aware and vocal electorate, and systems that nurture the health of that polity, that can protect against a future tyrant. That fundamental shift in mindset in each and every citizen, is the ultimate reform we must all work towards and aspire to.

Rubayat Khan is co-founder of Jagoree, a citizen's activism platform. Sabhanaz Rashid Diya is a Visiting Policy Fellow at University of Oxford. Shahzeb Mahmood is a researcher at University of New South Wales.​

 

[Saif]

Column by Mahfuz Anam: Taste of freedom regained

A magnificent opportunity with potential pitfalls.

www.thedailystar.net

Column by Mahfuz Anam: Taste of freedom regained
A magnificent opportunity with potential pitfalls

ILLUSTRATION: BIPLOB CHAKROBORTY

The student-led people's movement toppling an autocratic government reminds me of a song by Sabina Yasmin: "Shob kota janala khule dao na, ami gaibo gaibo bijoyeri gaan" (Open all windows, I want to sing the song of victory). Though it was in praise of our Liberation War, it resonates in my heart today. Suddenly, we are living in a world without barriers of thought. Many of us had forgotten how to speak freely. We would always either switch off or put our mobile phone in the adjoining room, because of the surveillance regime that we lived under. Self-censorship became embedded in our subconscious. A small minority of print media tried to hold power to account while the rest competed with each other to genuflecting themselves to power. They opted for "lapdog" journalism rather than being the "watchdog." Fear of saying anything other than the koshered version was so prevalent that frank opinions were only expressed in the most intimate of settings. Anybody speaking to us as journalists would preface their comments by saying "not to be quoted."

For the last 10 years or more, nothing could be said against Sheikh Hasina or any member of her family. Expressions like "powers that be," "highest level of decision-making," etc were used while referring to the former prime minister. A law was enacted, under the guise of showing respect to the father of the nation, that made punishable even the slightest criticism of any member of Sheikh Hasina and her family. Throughout her tenure, the use of cartoons of the former PM, her sister, son, daughter, niece and nephew, or any negative comment about them, however well-documented, was not permitted, and harassment including jail term could not be ruled out. Anything but the "family" was the norm in our storytelling.

Rigged elections in 2014, 2018 and 2024, and Sheikh Hasina and the Awami League getting away with it, served to demoralise us the most. In every democracy, however flawed, elections serve to be an occasion for robust expression of the public will. This the people of Bangladesh, save those belonging to the ruling party and its allies, were deprived of. Also, by repeatedly manipulating elections, the Hasina government deprived itself of the vital feedback that free and fair elections usually give, as evidenced by the last election results in India. By manipulating elections, Sheikh Hasina, her government and her party never got the real message and, as such, suddenly found the ground shifted from under their feet when the student-led movement started.

The question that keeps on churning in my mind is: how did we go there? Why couldn't we prevent this from happening? Did we protest as we saw our freedoms being erased? Here comes the issue of moral bankruptcy of our intellectuals in general. As we saw Sheikh Hasina get more and more entrenched in power, we became more and more amenable to compromise.

The Awami League led a group of 14 parties in which some very renowned politicians were involved. These politicians spent their lives in trade union movements, fought for peasants' rights, women's rights, anti-extremism and democracy. But as a part of the then ruling party alliance, they all got sucked into the world of privilege, wealth and power. How could these leaders not see the rot that was setting in?

Over the 15 years of Sheikh Hasina's tenure, we didn't hear of a single resignation from any post within the government or outside. No minister, no MP, no academic, no professor, no vice-chancellor, no judge ever had the moral courage to stand up and say, "Enough. I will not take this anymore and will be guided by my conscience."

The way the highest tier of judges fell in line to oust the then chief justice, Surendra Kumar Sinha, will remain as the most shameful capitulation of the judiciary to the executive in Bangladesh's history. All Appellate Division judges were called by the president, on returning from which the group declared that they would no longer sit in any bench or participate in any deliberations where the chief justice would be present. In effect, all the judges expressed "no confidence" in the chief justice. But on what grounds? No explanation was given.

This one instance in which the mere wish of the prime minister led to the sacking of the highest judge of the highest court, with not even a demur by so many senior judges, sealed, in my view, any chance of independence of the judiciary. But it was brought on by the judges themselves. Couldn't a single judge resign to protect the dignity of the judiciary?

When the judiciary succumbed without clamour, all the other institutions and the people within them lost hope. One by one, most institutions collapsed—and often with our own help.

Judged against the background of total institutional collapse, the crucial significance of the student-led uprising cannot be overestimated. The chief of the interim government Prof Muhammad Yunus most appropriately termed the uprising our second "liberation." It is truly so. We now have a genuine chance of undertaking fundamental reforms that we so desperately need.

The student-mass uprising has broken down all structures of oppression. It has opened the door for all of us to dream again. Freedom is in the air and our right to free speech seems to have been regained. What the students have taught us is to never lose hope. When all doors were shut, the students crushed the barriers and opened them all. A fresh wind of change is now blowing through Bangladesh. New hope, new expectations and, most importantly, new possibilities are coming before us.

We must remember that just as we are good at fighting for justice, defeating the autocrats, and driving the military back to the barracks, so also we have a sad record of not being able to reach the goals that inspired us to fight the oppressor.

We missed the opportunity to build Sonar Bangla, first due to Bangabandhu's fatal mistake of launching BAKSAL and then because of his brutal murder along with his family and the consequent entry of the military to run the country.

The second opportunity was missed with the fall of General Ershad and the restoration of an elected and representative government. There was a well-thought-out plan by all the political parties that came together to topple Ershad's autocratic government. But when BNP came to power in 1991, that plan was ignored. When the Awami League came to power in 1996, it did the same. Thus, instead of the politics of unity, development and peace, we entered a phase that The Economist termed "the battle of the Begums."

Now we have a third opportunity. Usually, nations are not so lucky. How we make the best use of this occasion will be our biggest challenge. The most urgent task is to unify the nation. We must not lapse into the same destructive culture of relegating the interest of the country behind that of the party and putting the interest of the party behind that of the leader. We have suffered enormously because of it, and it is true for us all.

Mahfuz Anam is the editor and publisher of The Daily Star.​

 

[Bilal9]

Multiple Bangladesh Universities have pledged to ban student politics on campus.

https://www.dhakatribune.com/bangladesh/dhaka/354622/jnu-bans-campus-politics

https://www.dhakatribune.com/bangladesh/354461/kuet-bans-politics-for-students-teachers

 

[Saif]

One significant reform the interim Govt. can carry out is encouraging the political parties to introduce democratic practices within their institutions which will help create democratic environment in the political arena of the country.

When will we democratise the political parties of Bangladesh?

The real test lies in the reform strategies that can steer a country toward justice.

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When will we democratize the political parties of Bangladesh?

Visual: Salman Sakib Shahryar

Revolutions spark dramatic changes, but the real test lies in the reform strategies that can steer a country toward justice. With numerous pressing issues, prioritising the right reforms is crucial. Recent upheavals, such as the Arab Spring, illustrate how popular movements can falter and revert to oppressive practices under new regimes. This makes future protests even more challenging, particularly in poorer nations with less experienced protesters.

Revolutions are rare, and missing the opportunity can mean losing it forever. While a revolution can ignite immense hope, without proper reforms, it risks descending into chaos rather than improving people's lives. Marginalised groups, including workers, farmers, and minorities, have historically been promised the benefits of democracy but have rarely seen these promises fulfilled. Time and again, they have been betrayed by politicians who prioritise self-interest, profiteering, and looting of the state. This has often created distrust and anxiety among the general populace, who lack the means to voice their concerns through legitimate institutional mechanisms.

In Bangladesh, the structure of political parties, characterized by a lack of internal democracy, raises doubts about the long-term success of student-led revolutions. While the student movement has achieved a significant victory, true success remains elusive. Discussing reforms in public institutions like the justice system, law enforcement, and the election commission is insufficient. For lasting justice, peace, and socio-economic well-being, we must prioritise internal democracy within political parties. Internal democracy is a fundamental cornerstone of any democracy, yet Bangladeshi political parties have consistently evaded it, bringing us back to square one repeatedly. For instance, from the fall of the former President Hussain Muhammad Ershad to the fall of former Prime Minister Sheikh Hasina, including the end of the last BNP government, people have been disappointed by autocratic attitudes, governance, and rampant corruption. These parties have often suppressed dissent and alternative voices through intimidation, abductions, and extrajudicial killings, perpetuating a cycle of abuse.

Focusing solely on public institutions while ignoring political party reform risks repeating past mistakes. Without addressing internal party dynamics, the same autocratic and oligarchic behaviours are likely to resurface. Therefore, any reforms initiated by the interim government must prioritize the internal revolutionization of political parties.

The biggest hurdle is the undue influence that a few families exert over their political parties. They hold undemocratic power and monopolise their parties. Sheikh Hasina had total control of her party, with family members and close associates installed in key positions, thereby protecting her dominance, and avoiding criticism. The lack of internal democracy and dialogue has further silenced dissent through state machinery.

To break free, political parties must democratize. They need to be free from dominant family politics, which often function like mafia operations. Leaders should be elected, not selected, and internal election processes must be genuine and observed by an independent body to prevent them from becoming mere box-ticking exercises. An independent body, through constitutional changes, can rigorously scrutinise whether these parties uphold and practice democratic values, providing all members a fair chance to run for leadership at all levels.

Imposing term limits on party leaders and their families is also necessary to prevent entrenched autocracy. For example, the main leader and their family members should only be allowed to run for office twice. Without such limits, the old guards will find excuses to stifle new leaders and maintain their grip on power. The current political vacuum clearly shows that parties have hardly allowed any members to consider running for leadership, let alone pursue the democratisation of their parties.

Furthermore, separating student politics from party politics is essential for genuine reform. Students should have the freedom to engage politically through student union elections, but this involvement should not be swayed by the direct influence of political parties. So far, students have been used by all political parties to pursue their political agendas, rather than being provided with free and fair spaces for dialogue and education.

Decentralising the abuse of power at the local party level is also crucial. Committees in villages and towns, as well as in major cities, should be elected by grassroots members and local public, rather than being handpicked by central leaders who are often disconnected from local issues. This may help reduce the bribery and nepotism rampant within parties and obstruct internal democratisation. Marginalising alternative voices within the parties prevents those who could contribute to greater democratic rights and values from being heard, both within the party and among the public.

All this may sound radical to the existing parties, especially when they are in a hurry for an election, but they must be honest with themselves before convincing the public that the old ways are acceptable. The old politics of violence and revenge are no longer acceptable. Current acts of vandalism against public and private properties, along with communal violence, all indicate why reform is urgently needed as the transition of power to a democratic party hopefully occurs in due course.

Though the interim government and the spirit of the movement face a tough task, they must ensure political parties undergo necessary radical democratic reforms, just like public institutions. Otherwise, history will repeat itself, and the real freedom and well-being of the people will suffer.

At this critical moment, the revolution must serve every citizen, not just a few politicians or oligarchs who seek to govern without accountability or transparency.

Rashedur Chowdhury is professor of business and management at Essex Business School (EBS).​

 

[Saif]

Local govt bodies: Govt now can remove elected representatives

The interim government can now appoint administrators to the local administrations like city corporations, zilla and upazila parishads in special circumstances

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Local govt bodies: Govt now can remove elected representatives

The interim government can now appoint administrators to the local administrations like city corporations, zilla and upazila parishads in special circumstances.

President Mohammed Shahabuddin yesterday approved the advisory council's recommendation to amend four related laws.

According to a gazette notification, two provisions have been added to the Local Government (city corporation) Ordinance-2024, enabling the government to remove mayors and councillors of city corporations.

The other clause allows the government to appoint "competent persons or officials" as the administrators to the city corporations until further notice.

Similar amendments have been made to three other ordinances allowing the government to remove elected representatives of municipalities, zilla and upazila parishads and appoint administrators.​

 

[Saif]

Journalists demand extensive reforms in media ownership and management

Journalists at all levels have called for extensive reforms in various aspects of media ownership and management to ensure journalism is free from the influence of powerful classes. They expressed these views at an opinion-sharing meeting organised under the banner of "Media Reform Initiative" at

thefinancialexpress.com.bd

Journalists demand extensive reforms in media ownership and management
FE ONLINE DESK
Published :
Aug 17, 2024 20:13
Updated :
Aug 17, 2024 20:21

Journalists at all levels have called for extensive reforms in various aspects of media ownership and management to ensure journalism is free from the influence of powerful classes.

They expressed these views at an opinion-sharing meeting organised under the banner of "Media Reform Initiative" at the Dhaka Reporters Unity (DRU) on Saturday afternoon, reports UNB.

The meeting was conducted by journalists Ariful Sajjad and Ahmed Faiz. During the meeting, journalists agreed on the need to establish a non-partisan platform for free, independent, and robust media.

At the meeting, journalists were of the opinion that prioritizing corporate owners' interests and sycophantic journalism have harmed the rights of professional media workers while positioning the media against the public. To address this crisis, they demanded a transformation of the media's collective character to make it more people-oriented.

Author and researcher Altaf Parvez said that the media cannot escape responsibility for recent state-led atrocities. Therefore, there is a need for intense self-criticism. He mentioned that the journalism sector needs three types of reformation: first, against corporate industry; second, against party-based journalist unions and press clubs; third, against personal greed and bias.

Senior journalist Khairuzzaman Kamal described his experience, saying that the biggest crisis in journalism is corporate ownership. Without changing this system, achieving economic freedom for media workers and creating a people-friendly media will be difficult. He emphasized the need to form a strong organization of professional journalists outside political affiliations.

Another senior journalist, Selim Samad, said that strong measures need to be taken against the arbitrary termination of journalists' jobs. Senior journalist Bahram Khan mentioned that the media, as the fourth pillar of the state, must do whatever is necessary. Unprofessional, sycophantic journalism must be discarded, and extensive reforms in the media are needed.

TRT World's Bangladesh representative Kamruzzaman Bablu said that many senior journalists have sold out to power and personal interests, making any expectation of change from them unrealistic. There is a need for substantial changes in the corrupt system to make journalism an attractive profession for future generations.

Additional statements were made by Shahnaz Sharmin of Ekattor Television, Moinul Haque of New Age, Mahbub Saikat of My TV, Junayed Shishir of Kalbela, journalist Mizanur Rahman Kabir, Hossain Shahadat of News 24, and Ashraful Islam Rana of The Business Post.

At the event, journalists presented a 13-point demand for extensive reforms in the media. The demands are:
​

1. Ensure justice for journalists killed during student and public movements.​
2. Provide compensation for injured and deceased media workers and affected media outlets during student and public movements. All closed media outlets should be reopened immediately.​
3. Investigate and bring to justice media owners and executives who have turned the media into a political tool.​
4. Establish a unified wage board for media workers. Implement the 9th Wage Board immediately. Investigate and take action against those who claimed state benefits by implementing the 8th Wage Board but did not actually implement it.​
5. Distribute dividends according to labor laws.​
6. Immediately halt any undemocratic tendencies in media ownership.​
7. End all forms of intimidation of media workers. Permanently stop government and special agency directives and control in news management, reporting, and journalist organization elections.​
8. Form a high-level commission to reform media management and related issues.​
9. Abolish all clauses of repressive laws against media and freedom of expression.​
10. Withdraw all cases filed against media workers under ICT, Digital Security, and Cyber Security laws.​
11. Ensure justice for the murder of journalist couple Sagar-Runi and all other killings and assaults.​
12. Prosecute those involved in the abduction, torture, and harassment of journalists.​
13. Ensure that all media can act as a voice for the people.​

 

[Saif]

Govt to form banking commission soon for financial sector reforms

The interim government is going to form a banking commission soon to bring about reforms -- a longstanding demand of economists aimed at salvaging the financial sector which has been suffering from high default loans and weak governance

www.thedailystar.net

Govt to form banking commission soon for financial sector reforms

Star file photo

The interim government is going to form a banking commission soon to bring about reforms -- a longstanding demand of economists aimed at salvaging the financial sector which has been suffering from high default loans and weak governance.

Besides, a paper on the overall situation of the financial sector and a roadmap for the reforms will be published in the first 100 days of the interim government, according to a statement from the chief adviser's office today.

The disclosure came after a meeting between Chief Adviser Prof Muhammad Yunus and Bangladesh Bank (BB) Governor Ahsan H Mansur.

The meeting also agreed to maintain the contractionary monetary policy stance to bring down inflation, which hit 11.66 percent in July, the highest in 13 years.

To increase the flow of foreign exchange, a decision has been taken to increase the band of the crawling peg, which allows fluctuations of the exchange rate within a predefined range, to 2.5 percent from 1 percent.

The revision in the band of crawling peg comes more than three months after the BB introduced the crawling peg moving away from administered rates of US dollar in its bid to gradually allow demand and supply to determine the exchange rate.

The BB introduced a crawling peg mid-rate of Tk 117 in May this year by allowing an over 6.3 percent deprecation of the taka, which has significantly lost value in the last two and a half years amid falling foreign exchange reserves.​

 

[Saif]

For true democracy, we need checks and balances of power

When the constitution and laws of a country of 170 million people allow and enable one individual to have complete control over the executive, legislative, and judicial branches of the government, can that country genuinely be considered democratic?

www.thedailystar.net

For true democracy, we need checks and balances of power

Having so much power in the hands of one person is dangerous and harmful for a country, the results of which we are witnessing today. FILE PHOTO: ORCHID CHAKMA

Bangladesh is a country of around 170 million people, with more than 20 million residing in the capital, Dhaka, alone. Yet, only 151-300 members of parliament representing the ruling party decide our fate in parliament. They are all members of a single party led by one individual: the party leader. There is no distribution of power or checks and balances—there's only consolidation of power. Due to our people's loyalty to two political families, the only two parties to be in power since 1991 have been led by and remained completely dependent on two individuals from those two families, each of whom do everything possible to ensure all power is consolidated within their families.

As a result, each party is entirely controlled by one person; the party leader holds immense power over the party based on familial ties and our country's history, making their stance the "end all, be all" for all party decisions. On top of this, Article 70 of the Constitution of Bangladesh prohibits members of parliament from voting against their party's decisions. The elected party (primarily its leader) gets to choose a party-affiliated president for the country, who then appoints the party leader as the prime minister.

That leads us to this to the party leader, serving as the prime minister, who formally heads the executive branch of government, which includes all ministries, law enforcement, and armed forces.

As the party leader, the prime minister also has complete control over the legislative branch, since party members cannot vote against the party, as mentioned above. Therefore, all the decisions of the party ultimately rest with the leader.

The president, chosen by the ruling party (primarily at the party leader's discretion), appoints the country's chief justice and other Supreme Court judges, giving the prime minister significant influence over the judiciary.

So, our tendency to elect leaders based on familial ties, combined with our country's laws, make it easy for one person to control all three branches of government. Our laws inherently support the creation of a democratic autocracy. With the lack of separation of powers, this enables one person to be able to make our laws, enforce them, and judge us based on them.

When the constitution and laws of a country of 170 million people allow and enable one individual to have complete control over the executive, legislative, and judicial branches of the government, can that country genuinely be considered democratic?

On top of this, that one person also gets the power to amend our constitution when their party secures a two-thirds majority in parliament (more than 201 of 300 elected seats). The Awami League-led grand alliance achieved this feat in 2008 with 263 seats. That is the election through which we handed "supreme power" to our former prime minister.

My question now is: will we repeat the same mistake, just with a different party or leader? We must not let that happen now that we have the scope for reinstating democratic practices.

Having so much power in the hands of one person is dangerous and harmful for a country, the results of which we are witnessing today. Going forward, we need to change our laws and elect our government based on merit, not familial ties. In my opinion, our system was never strong enough to be able to protect democracy. That is why almost all political parties have exploited this system one way or another.

Bangladesh needs the distribution, checks and balances of power. Otherwise, we will always be hopelessly dependent on the mercy of the prime minister. The name on that seat may change over time, but the reality for ordinary people will remain the same.

Taus Noor is an expatriate Bangladeshi software engineer based in Canada.​

 

[Saif]

Banking, revenue sectors need major reforms

The leaders of the International Chamber of Commerce, Bangladesh, (ICC-B) called on Chief Adviser Prof Muhammad Yunus at his office at the State Guest House Jamuna yesterday.

www.thedailystar.net

Banking, revenue sectors need major reforms
Business leaders tell Yunus

The leaders of the International Chamber of Commerce, Bangladesh, (ICC-B) called on Chief Adviser Prof Muhammad Yunus at his office at the State Guest House Jamuna yesterday.

The delegation, led by ICC-B President Mahbubur Rahman, told him that the country's businesspeople fully support him in his new role, said a press release of the chief adviser's press wing.

Yunus said his administration inherited an economic mess, but he was confident the situation would soon improve following vital reforms.

"It's a very hard situation that we are in now. But it's also the biggest opportunity that we can get. Our job is difficult, but very much doable," he said.

The ICC-B leaders urged the Nobel peace laureate to carry out the much-needed reforms.

They said the previous government left the country in ruins. They said deep reforms and restructuring were needed in the banking sector, revenue administrations, education, and industry.

"We are a witness to what happened over the last 15 years. The Bangladesh private sector is with you 100 percent," said Mahbubur.

Yunus asked the delegation "to think outside the box to achieve greatness as a nation".

Senior business leaders, including FBCCI President Mahbubul Alam, Tapan Chowdhury, Kutubuddin Ahmed, AK Azad, Simeen Rahman, Khandoker Rafiqul Islam, Naser Ezaz Bijoy, Fazlul Hoque, and Mohammad Hatem, attended the meeting.​

 

[Saif]

Can't demand polls until new constitution drafted, Farhad Mazhar to BNP

Writer and poet Farhad Mazhar called on BNP leaders to exercise patience, stressing that demands for elections cannot be made until a new constitution is formulated

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Can't demand polls until new constitution drafted, Farhad Mazhar to BNP

Writer and poet Farhad Mazhar: File photo

Writer and poet Farhad Mazhar called on BNP leaders to exercise patience, stressing that demands for elections cannot be made until a new constitution is formulated.

"Until the constitution outlining how a political party will participate in elections is established, demands for elections cannot be made," said Farhad during a seminar at the Jatiya Press Club yesterday.

"BNP has already come to power. They are among the people. The party cannot be brought forward. First, the state must be organised,"said Farhad.

"No fight took place for the current constitution. The fight was to overthrow the constitution. The government must be given time until the intentions of those who were martyred are documented.

"The field must be held until a new constitution is drafted," he added.

Criticising the BNP's decision to hold a rally immediately after the recent mass uprising, he added, "It sent the wrong message. Why did you demand elections within three months? What was the purpose?"

Expressing concern over the BNP, he said, "There should be no division within the party. There are two factions within the BNP. One supports this government, and the other is causing disturbances.

Farhad further said, "The BNP could not stop this fascist government. They were behind the students. The students have shown gratitude for that, but misleading messages from London will harm the youth.

"Efforts are still being made to implement Sheikh Hasina's constitution. Yunus must be recognised as the head of the people and as president. He was elected through a mass uprising," he said.

"Those who participated in this revolution will form a national council. The BNP will also be present there. A new constitution will be drafted there. The BNP's primary responsibility is to fully support the process until the new constitution is established." he added.​

 

[Saif]

Crisis provides an opening for important reforms

Bangladesh is facing several challenges, including restoring law and order and stabilising the economy in the near term.

www.thedailystar.net

Crisis provides an opening for important reforms
Says Edimon Ginting, ADB country director for Bangladesh

Edimon Ginting

Bangladesh is facing several challenges, including restoring law and order and stabilising the economy in the near term.

The country also needs to address structural constraints such as a lack of economic diversification, low productivity, high youth unemployment, a large informal sector, and weaknesses in governance and accountability.

"These are the root of ongoing macroeconomic challenges like low foreign exchange reserves, high inflation, low revenue mobilisation, meagre foreign direct investment, and significant banking sector vulnerabilities," said Edimon Ginting, country director of Bangladesh at the Asian Development Bank (ADB).

In an interview with The Daily Star, he said the crisis provided "an opening for important reforms to improve governance and public administration to combat corruption".

The country needs to address structural constraints such as a lack of economic diversification, high youth unemployment, a large informal sector, and weaknesses in governance

"Tax revenues remain low compared to international peers and must be raised so that critical investments in physical infrastructure and social sectors can be made," he said.

The chief of the Dhaka office of the ADB, one of the leading financiers for Bangladesh, said greater transparency and accountability of government institutions would help win the public's trust"The regulatory and policy environment must be more conducive to investment. Finally, tackling institutional capacity gaps, design flaws and implementation challenges will enable more effective social protection schemes."

Citing Bangladesh's banking sector, he said it is a big area of concern, especially as non-performing loans (NPLs) have been on the rise for quite some time.

"The recent political change, coupled with improved data transparency, may change the picture on NPLs and it is possible that the size of NPLs increases significantly," he said, adding that the decision to form a banking commission supported by international expertise is a positive development.

He said Bangladesh needs a stable and strong banking system to efficiently finance its development needs going forward. For this, Bangladesh Bank will need to address weaknesses in the regulatory environment while strengthening supervision and governance to rebuild confidence, he said.

Ginting, an Indonesian national, said the ADB is engaging with the interim government to understand its priorities, share its views, and offer assistance.

"My impression is that the interim government is focused on stabilising the situation, and on making effective use of the opportunity to advance robust and far-reaching reforms," he said, citing meetings between senior ADB officials and Chief Adviser Prof Muhammad Yunus and other top government functionaries.

He said the ADB stands ready to support the reforms, which are needed to forge a more inclusive, resilient, and sustainable future for the people of Bangladesh.

Ginting said the interim government needs the support and trust of the public, which means restoring confidence in law and order and getting the economy back on track while charting a path towards elections.

"There are no quick fixes."

He added that the Manila-based lender has a large ongoing portfolio of projects financing critical sectors including energy, transport, human and social development, finance, public sector management and governance, agriculture, water, and urban development.

"Once the situation is more stable, we intend to undertake a comprehensive portfolio review with the interim government so that public investments and services are not stalled."

This year, ADB has committed $481 million to three projects and had planned to commit to many more projects.

"We hope to be able to continue financing as requested by the interim government. Our approach will be cautious, paying close attention to the political environment and preparations for an election that will hopefully bring a peaceful resolution to the current difficulties."

For new projects, ADB will carefully identify any needed adjustments to meet the priorities of the interim government.

He said the interim government's major reform priorities line up with the ADB's key areas of interest and expertise. The ADB will continue to provide support on the country's most pressing development challenges, he added.

"There are persistent, cross-cutting issues such as climate change and inclusive growth that we aim to prioritise.

"Also, there are growth opportunities that we should further leverage, such as an abundance of talent and skills and a thirst for digital transformation."

In times of transition, strong development outcomes depend on a stable political settlement, transparent and fair processes, and trust in public institutions and political leaders, he opined.

"ADB is an apolitical institution, but as a trusted development partner of Bangladesh, we are committed to supporting the strength and resilience of public institutions so they can be a force multiplier to drive growth and prosperity.

"Once a new government is elected, ADB will work hard to support the leadership's policy agenda to realise the country's immense potential and help meet the aspirations of its people," said Ginting, who has over 20 years of experience, including about 14 years at the ADB.​

 

[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”.

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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.​