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

[Saif]

‘Reform constitution based on equality and social justice’

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

www.thedailystar.net

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

[Saif]

It is time to reform the publishing sector

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

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It is time to reform the publishing sector

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

[Saif]

The alterations we need in our Election Commission

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

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The alterations we need in our Election Commission

Visual: Star

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

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

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

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

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

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

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

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

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

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

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

 

[Saif]

Rewriting or reform of constitution suggested

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

[Saif]

Why overhaul of EC is topmost priority

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

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Why overhaul of EC is topmost priority

VISUAL: SALMAN SAKIB SHAHRYAR

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

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

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

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

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

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

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

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

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

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

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

 

[Saif]

Get ready for reform, CA asks secretaries

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

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

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

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


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


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

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


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

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

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

He advised the secretaries to discard the stereotyped outlook.

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

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

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

He said the competition in public procurement should be ensured.

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

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

 

[Saif]

Unveil roadmap to reform immediately

Anti-Discrimination Student Movement places their 5-point demand after Shaheedi March marking the one month of the fall of AL govt

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Unveil roadmap to reform immediately

Anti-Discrimination Student Movement places their 5-point demand after Shaheedi March marking the one month of the fall of AL govt
students demand reform roadmap from interim government

Photo: Palash Khan

The Anti-Discrimination Student Movement today demanded that the interim government unveil a roadmap to reform the state immediately.

Abu Baker Majumder, a key organiser of the students' movement that spearheaded the protest against the AL-led government, announced the demand as part of their five-point demand from a rally held at the central Shaheed Minar.

Earlier, the students' movement held a mammoth procession, organised to commemorate one month of the fall of Awami League government.

The other demands include providing financial and legal assistance to the family of the martyrs, identifying the corrupt officials and collaborators of the ousted fascist government inside the administration and bringing them to book immediately.

They also demanded the arrest and punishment of the perpetrators of the mass killing. Athy demanded that the Gono Bhaban, the former official residence of Sheikh Hasina, to be declared as the July Memorial Museum.

Several thousand students and people from all walks of life participated in yesterday's 'Shaheedi March' that started from the base of the Raju Memorial Sculpture at the Dhaka University.​

 

[Saif]

‘Reforms are crucial to strengthen the Election Commission’

Nothing can make the electoral system foolproof because it does not depend fully on the EC

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‘Reforms are crucial to strengthen the Election Commission’

Badiul Alam Majumdar, secretary of SHUJAN: Citizens for Good Governance, speaks with Naznin Tithi of The Daily Star about the changes needed in our electoral system and related laws before the next election.

The chief adviser is supposed to present a roadmap for state reforms soon. What kind of reforms should be prioritised before the election, and how long should it take to implement them?

What I learned from the people who participated in the mass uprising is that they wanted justice for the criminal acts such as the killing of students and civilians, enforced disappearances, extrajudicial killings, violation of human rights, etc. They also wanted accountability for the financial crimes committed over the past 15 years. Another key demand of the students is state reform or raastro meramot. So, we are glad that the chief adviser is going to declare a roadmap after ongoing dialogues with the political parties. Once that roadmap is laid out, we will know what reforms they intend to undertake and how far they are willing to go.

Broadly speaking, I see two key areas where reform is required. One is the need to revise various laws, including those governing the appointment of members of the Election Commission (EC), the Anti-Corruption Commission, the Human Rights Commission, Information Commission, the local government, laws for appointing the judges, etc. These laws need to be updated and amended to reorganise both constitutional and statutory institutions. Another need is reforming the constitution, which is the most important and yet most difficult task.

Now, there are two alternative views. While some are opting for completely rewriting the constitution, others want changes in some key areas. These include bringing a balance between the powers of the president and the prime minister, reforming or abolishing Article 70, deciding on whether or not we should have a proportional representation system and bicameral legislation, establishing term limits for the prime minister, and setting the duration of the legislative term, etc. These are some of the major things that need to be addressed if we are not rewriting the constitution. We hope to get some sort of guidance on this from the chief adviser's forthcoming roadmap.

There are two ways to institute these reforms. One is by declaring the 15th amendment unconstitutional. In that case, the provision for referendums will come back. If that happens, it could be used for adopting some of the desired constitutional changes. Some laws could also be reformed, and the president could issue an ordinance to turn these into laws. But they will have to be approved in the first session of the parliament when it is formed. But you cannot change the constitution with an ordinance, so that will have to wait.

Now, the first round of dialogue is going on. There may be a second and even third round. After the chief adviser declares the roadmap, there will be further dialogues, through which an agreement among the political parties, government and other stakeholders can hopefully be reached. That agreement could be signed into a document, which can be called a National Charter. After the political parties sign the document, there could be a free and fair election. Then, whoever comes to power will be obliged to implement those reforms. However, our political parties don't have a good track record of keeping their commitments. So, there will have to be a body which will stand guard. I think our students could probably play this role.

But if we go for rewriting the constitution, then there has to be a constituent assembly through which a new constitution could be adopted.

What, in your view, can be a reasonable timeframe for polls?

The timeframe for the election will depend on what the political parties and the interim government agree on doing. It will depend on what milestones the interim government would like to achieve first. The good thing is that discussions are currently
The political parties have also proposed to hold the local government elections before the national polls.

Our local government system is in a bad shape. Also, some of the local government bodies that are very important for providing services to the people have been dissolved. So, elections to these bodies should be held as soon as possible for practical reasons. This will give the interim government, and a reconstituted EC, the experience required for holding the national election. The local elections will not be as contentious, because they will not cause changes in power. But before these elections are held, the local government laws should be reformed.

What kind of reforms are needed in our electoral system and in the Election Commission laws to make the system foolproof, so that the EC can hold elections independently in the future?

There is nothing we can do to make the electoral system foolproof because it does not depend fully on the EC, even though it is the biggest and most important stakeholder in case of elections. The other stakeholders are the political parties and their candidates, law enforcement agencies, bureaucracy, civil society, and media. If political parties and their candidates do not abide by the laws, and if the law enforcing agencies and bureaucracy are partisan, then the EC cannot really do much. Having said that, the EC can prevent/stop bad elections because its constitutional mandate is to hold an inclusive and competitive election.

However, there are quite a few areas where reform is vital to strengthen the Election Commission. First, we need to reform the law enacted in 2022 for appointing election commissioners. This law was basically recycled from the old circulars that the Awami League government used in the last few elections to appoint the commissioners of their choice. We need to do away with this law. Incidentally, the legality of the appointment of the now-former Election Commission is in serious question. Because the 2022 law calls for only political parties and professional bodies to propose names to the search committee for the appointment of election commissioners. But the search committee, in violation of the law, allowed all citizens to propose names, including their own. For example, Kazi Habibul Awal's name was proposed by the late Zafrullah Chowdhury. Although he was a distinguished person, he was not qualified as per law to nominate anybody. A similar thing happened in the case of other commissioners. Therefore, we need to reform this law to reconstitute the EC. However, because of the unusual situation caused by the mass upsurge, the interim government should be able to appoint a new EC without following the existing law or enacting a new one.

We also need to make quite a few changes in the Representation of the People Order (RPO). For example, according to section 90B of the RPO, political parties registered with the EC must not have provisions for associated and affiliated bodies in their constitutions. This was intended to disband such bodies. Our political parties removed such provisions from their constitutions but kept those affiliated bodies by terming them as "brotherly" organisations so as to use them as their lathiyal bahinis. Thus, our political parties adhered to the letter but not the spirit of the law. To remedy this, section 90B of the RPO needs amendment.

Moreover, the nomination trade has become a big concern as it allows people to buy nominations in exchange for money. Consequently, more than two-thirds of our parliamentarians were businessmen. As a result, we now have the "best" democracy money can buy. Redressing this will require amending section 90B of the RPO, requiring the nomination of candidates for parliament elections to be determined by the votes of the activists of each constituency.

In addition, a few more changes are needed with regards to the candidates' affidavits, which must be scrutinised. There must also be provisions for counter-affidavits so that one can challenge the affidavit of a candidate. Furthermore, the present outdated affidavit form needs to be updated, and election expenses should be scrutinised and monitored. All these must be included in the law.

Additionally, we need a constitutional change if we want a proportional representation system. We will need constitutional changes for women's representation in parliament, to hold direct elections for the women's seats, and to preserve at least a third of the seats for women. Constitutional changes will also be needed if we want to go for a bicameral legislature and set term limits for the prime minister.

What's your thoughts on the proportional representation system that some parties have suggested?

Proportional representation means that political parties will get the seats based on the proportion of votes they get. So, if a party gets 50 percent of the votes, it will get 50 percent of the seats. If we go for this system, it will prevent the monopoly and tyranny of the majority. In 2008, the BNP received about 33 percent of the votes but got only 10 percent of the seats. In a proportional system, the BNP would have had more seats. So, this system should be seriously considered.​