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

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[🇧🇩] Reforms carried out by the interim/future Govts.
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Reform dialogue must deliver consensus
Talks with political parties scheduled in mid-February

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VISUAL: STAR

It's reassuring to know that the interim government is moving ahead as per the timeline set for the reform drive, with talks with political parties slated to begin in mid-February. According to Law Adviser Asif Nazrul, the date of the first meeting will be fixed in consultation with the parties and stakeholders of the July uprising. Six reform commissions have already submitted their reports, while the remaining ones are expected to submit theirs by this month. Dialogue on their recommendations forms the second—and perhaps most crucial—phase of the drive, as it will determine not just the reforms that can eventually be pursued but also the consensus necessary for their continuation post-elections.

A timely and proper completion of this process has grown in significance of late. This is partly due to the unfortunate debate that has surfaced around "elections versus reforms"—exposing growing distrust between political parties like the BNP and student movement leaders—and partly due to continued public suffering caused by the suspended stage in which the nation finds itself, pending reforms in key sectors. Expediting consensus-building on the reform proposals is, therefore, paramount. However, this will be anything but easy, as evidenced by recent comments and gestures by key stakeholders.

The fact is, while the next election is crucial for restoring people's right to vote, it is the elections after that which will be the true test of the durability of the current reform process. After all, so many people did not die in the uprising just for a temporary democratic transition. As well as free elections, it is equally important that all other impending state reforms are faithfully implemented in the long run. For that, consensus is vital.

The BNP, for example, has announced a plan to launch "a movement" aimed at "correcting some government mistakes" and "clearing the way" for an elected political government. Earlier, its secretary general suggested that if the interim government loses its neutrality in conducting elections, it should be replaced by a "neutral government"—a comment that drew fierce reactions from student representatives in the government. Such confrontational exchanges weaken the government's position as a mediator in the reform drive. They also raise questions about whether the stakeholders can see eye to eye on the more radical reform proposals surrounding the constitution, electoral structure, judiciary, and public administration.

This is where Chief Adviser Prof Muhammad Yunus, also head of the National Consensus Commission, must play a critical role. At the heart of the reform discussions will be the challenge of reconciling differing priorities. He and other commission members must therefore show extreme foresight and patience to navigate the political minefield and convince stakeholders to move beyond entrenched positions. They must also ensure that the process does not lose legitimacy or stall under pressure, which would result in further political instability, setting back both the reform agenda and the prospect of a smooth democratic transition. Given the stakes, the participating parties must also approach the upcoming dialogue with a spirit of compromise.

The fact is, while the next election is crucial for restoring people's right to vote, it is the elections after that which will be the true test of the durability of the current reform process. After all, so many people did not die in the uprising just for a temporary democratic transition. As well as free elections, it is equally important that all other impending state reforms are faithfully implemented in the long run. For that, consensus is vital, so all stakeholders must put their differences aside and engage in the dialogue with sincerity.​
 

Lack of unity poses a significant challenge to govt’s reform efforts: Nahid
BSS
Dhaka
Published: 07 Feb 2025, 21: 50

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Adviser to the Ministry of Information and Broadcasting Md. Nahid IslamFile photo

Adviser to the Ministry of Information and Broadcasting Md. Nahid Islam Friday reaffirmed the interim government’s firm commitment to fulfilling people’s aspirations despite facing multifaceted challenges, including economic struggles and an ever-evolving political environment.

“Along with its continuous efforts to maintain stability, foster unity, and addressing the pressing concerns, the government remains committed to realise people’s aspirations emerged through the mass uprising amid political situation and an ever evolving national landscape,” he told BSS in an exclusive interview on completion of six months of the interim government.

Nahid, who played a leading role as an Anti-Discrimination Students Movement leader during the July-August uprising, said, “We are steadfast in overcoming political challenges and shaping a future that reflects the will of the people of the country.”

The government’s journey in the last six months has been through multi-dimensional experiences including encountering internal and external conspiracies, managing more than 100 movements, facing continuous political pressure along with economic hardship and broken state structure, said the adviser.

Despite the obstacles, Nahid Islam expressed confidence that with continued dialogue, cooperation, and political goodwill, the six-month-old government that came to power on 8 August last year through a mass uprising, could achieve the change the nation so desperately sought.

“The road ahead will not be so smooth, but with the right support, the interim government hopes to lay the foundation for a more stable and prosperous future for the country,” added Nahid, who is also entrusted with the portfolios of post and telecommunication and ICT ministry as its adviser.

Nahid said a major area of public concern has been the government’s handling of economic issues like rising prices of essentials, improving law and order situation and ensuring trial of murderers as the country people have placed enormous expectations on the government that came to power through a mass uprising.

He admitted that the government has faced significant economic challenges saying, “When we took over the administration was in disarray. The bureaucracy and law enforcement agencies were in a state of chaos, and we had to rebuild those from there. It was not an easy task.”

“The previous administration’s practices, particularly the widespread extortion and corruption, had created long-standing problems that would not disappear overnight,” said Nahid.

On political matters, Nahid talked about the divisions that have emerged within the forces of the mass uprising.

“Although the uprising brought together diverse groups, united with a desire for reform, many had begun to pursue their self interests rather than the national good,” he said.

Expressing frustration, he said this fragmentation had hindered progress on critical issues, particularly in terms of political unity. “The unity that once existed has been diluted,” he said, acknowledging that this lack of cohesion posed a significant challenge to the government’s reform efforts.

However, Nahid remains hopeful that these divisions are not insurmountable. “I do not believe unity has been entirely lost. We are continuing to engage in discussions to resolve disagreements and avoid returning to the divisive practices of the past.”

The adviser said the true test of the government’s ability to foster unity would come through its success in implementing meaningful reforms.

“The biggest challenge for us is how unified we can be on the issue of reform. The coming months will show how much progress we can make,” he added.

Nahid emphasised that political goodwill is crucial for bringing any meaningful change, and expressed hope that both political parties and the people would work together to eliminate the systemic issues.

“There are elements within the political sphere, who are still involved in extortion, and some of the individuals who participated in the uprising are now engaged in such activities,” he said, adding, “Without cooperation, it will be difficult to meet the expectations of the people,” he added.

The issue of reform versus elections has also been a contentious subject. The BNP is calling for early elections, Nahid said, adding that the government does not view reform and elections as mutually exclusive but rather as complementary objectives.

“The reform commissions are working to bring necessary changes to the electoral and governance systems. These reforms must be implemented before elections...otherwise, the mistakes of the past will be repeated,” he said.

Commenting on media freedom, Islam categorically said that the government has not interfered with the media’s right to freely criticise its policies. “So far, no pressure has been given on the media for criticising the government,” Nahid said.

However, he pointed out that when the government supports the concept of free media, it has asked the press to be mindful when reporting on sensitive issues like banned student organisations and individuals involved in criminal activities.

Islam acknowledged that some media outlets had become targets of social pressure and protests, but he stressed that law enforcement agencies and the government had intervened to ensure their safety.

Despite these challenges, Nahid emphasised the government’s unwavering commitment to fostering a free and open media environment.

“The government encourages constructive criticism and has already implemented changes based on media feedback. We welcome logical criticism, and we will continue to make adjustments to our policies,” he said.

He also said that the role of the media has sometimes been compromised by political alignments in the past, with some outlets failing to maintain objectivity. Islam urged journalists to clarify the pressures they have faced, which, in his view, would help rebuild trust among the people.​
 

Govt for basic reforms before election
Staff Correspondent 09 February, 2025, 00:56

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The interim government on Saturday announced that it would complete some basic reforms based on a political consensus before the next general election.

Law adviser Asif Nazrul made the announcement at a briefing on the occasion of making the full reports of six reform commissions.

He said that the interim government would quit power after holding the much-sought national elections following some fundamental reforms based on a political consensus.

‘The reform commissions have proposed some short-term recommendations as immediate measures which could be implemented shortly,’ the adviser said.

Discussions with political parties on reforms will start in the mid of February, he said, citing chief adviser Muhammad Yunus’s statement on holding the national election either by December or by June 2026.

Chief adviser’s press secretary Shafiqul Alam and deputy press secretary Abul Kalam Azad Majumder were also present at the briefing.

The interim government received the complete reports of the six commissions and made those available online.

The law adviser said that public administration reform commission’s recommendations, including the establishment of a permanent public administration reform commission, could be implemented soon as reforms may be required from time to time.

As there are allegations against government officials of political allegiance, the reform commission suggested formulating a new code of conduct that could be framed immediately.

It has also recommended the complete digital transformation of public services, the introduction of regular public hearings, and the formation of citizen committees in districts and upazilas.

To reduce unnecessary expenditures and improve coordination, the commission has advised cutting ministry expenses.

The commission proposed the merger of the local government engineering department and public health engineering department; and the Bangladesh Export Processing Zone Authority, Economic Zone Authority and Investment Development Bureau.

The commission also recommended three separate Public Service Commissions for general, education and health categories.

The law affairs adviser termed the recommendations as immediate measures.

Like these, the judicial reform commission has proposed a transfer policy for lower court judges, a code of conduct for judicial service officials, regulation of lawyers’ fees, the establishment of civil and criminal courts at the upazilas, a permanent attorney service, an independent investigation service, the formation of commercial courts, the integration of IT departments in lower courts, the setting up of information desks in courts, arrangements for women and children in court premises as the short-term recommendations.

The law adviser cited online testimony by police, a ban on political activities within judicial courts, reappointment of retired judges to reduce case backlogs, and the recruitment of support staff in courts through the Judicial Service Commission as short-term measures.

‘If we believe that political party consensus is necessary on these matters, we will take the initiative,’ Asif Nazrul said.

He cited the police reform commission’s proposals, including formation of a separate investigation unit, providing human rights training for police personnel, improving their facilities, establishing a code of conduct and investigating complaints against the police through the Human Rights Commission as immediate measures.

Amendments to several laws related to the Election Commission, the Election Commission Appointment Act, the Delimitation of Parliamentary Constituencies Act, the Representation of the People Order and policies concerning election observers and journalists have been proposed as short-term measures.

Additionally, the electoral reform commission has recommended revising the code of conduct for political parties and candidates, modifying the affidavit format and amending local government laws, Asif Nazrul said.

‘We believe that political parties will need to reach a consensus on many of these issues,’ he said.

The electoral reform commission has suggested some administrative reforms, including updating the voter list, redefining parliamentary constituency boundaries, and conducting trials on postal ballots and online voting, he said.

As an immediate measure, the Anti-Corruption Commission reform commission has proposed the appointment of an ombudsman and the permanent prohibition of all activities related to the legalisation of undisclosed wealth and indemnity provisions.​
 

Reforming media
Musharraf Tansen 09 February, 2025, 00:00

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BBC/Getty Images

BANGLADESH’S media sector has witnessed remarkable growth over the past decades. The expansion in the number of outlets and the diversification of platforms reflect the vibrancy of this sector, which serves as a crucial pillar of democracy and development. However, this growth has not come without challenges. From restrictive legal frameworks and market pressures to professional shortcomings and low public media literacy, the sector grapples with issues that undermine its potential to inform, educate, and empower the populace.

The legal and regulatory environment in Bangladesh plays a defining role in shaping the media landscape, yet it also presents significant barriers to press freedom. Among the most contentious issues was the Digital Security Act 2018, enacted with the stated aim of curbing cybercrime and maintaining order in the digital sphere. However, its broad and ambiguous provisions have made it a tool for stifling dissent and suppressing journalistic expression. Numerous journalists have faced arrests and intimidation under this law, fostering an environment of fear and widespread self-censorship.

Then came the Cyber Security Act 2023, replacing the criticised Digital Security Act. While the ordinance is apparently aimed at addressing cybersecurity threats, its sweeping powers allow for increased surveillance and control over digital content. Critics argue that its vague definitions and harsh penalties for violations risk becoming another instrument of control, particularly over online media. The ordinance has heightened concerns about privacy, freedom of expression, and the independence of the press in the digital era.

Furthermore, the Right to Information Act, which theoretically empowers journalists and citizens by ensuring access to information, has seen limited implementation. Bureaucratic hurdles, lack of awareness, and reluctance among authorities to share critical information have rendered the act less effective than intended. As a result, investigative reporting — a cornerstone of a free press — has been severely constrained, weakening transparency and accountability in governance. In this legal context, journalists and media organisations face a precarious situation. The dual challenge of restrictive laws like the Digital Security Act and the Cyber Security Ordinance, combined with the underutilisation of the Right to Information Act underscores the urgent need for legal reforms that strike a balance between ensuring national security and upholding press freedom.

Bangladesh’s media market is characterised by consolidated ownership, with a small number of conglomerates controlling a significant share of print and broadcast outlets. This concentration poses a direct threat to editorial independence. Owners with diverse business interests often influence editorial decisions, skewing reporting to align with their political or economic agendas. This situation creates a conflict of interest that undermines the credibility and objectivity of the media. The sector’s financial fragility exacerbates this issue. Many media outlets depend heavily on government advertising revenue, which accounts for a substantial portion of their income. This dependency discourages criticism of government policies, as outlets fear losing vital financial support. Consequently, coverage often becomes biased, depriving the public of balanced and objective reporting.

Journalists in Bangladesh face significant challenges in developing their professional skills. Many lack access to adequate training and capacity-building programs, leaving them ill-equipped to navigate the complexities of modern journalism. This skills gap has led to issues such as the spread of misinformation, sensationalism, and breaches of journalistic ethics. Additionally, the absence of strong professional organisations compounds these problems. Journalists often lack support networks to advocate for their rights, promote ethical practices, and provide resources for continued professional growth. Without these structures, the sector remains vulnerable to both internal weaknesses and external pressures.

Media literacy among the general population in Bangladesh remains alarmingly low, which makes citizens vulnerable to misinformation and manipulation. The rise of digital platforms has further complicated the issue. While these platforms have democratised access to information, they have also facilitated the rapid spread of unverified or false news. This underscores the urgent need for media literacy programs that equip citizens with the skills to critically evaluate news sources. Empowering the public to discern credible information from propaganda or fake news can foster a more informed and engaged society capable of holding power to account.

To address these challenges and unlock the full potential of Bangladesh’s media sector, a multifaceted approach is required. Revising restrictive laws such as the Cyber Security Ordinance is crucial to align with international standards of press freedom and freedom of expression. These revisions should clarify ambiguous provisions, minimise the risk of misuse, and protect journalists from undue harassment. Strengthening the implementation of the Right to Information Act can also empower both journalists and citizens by streamlining access procedures, reducing bureaucratic hurdles, and raising awareness about rights and obligations under the law. Simultaneously, media outlets must reduce their reliance on government advertising to maintain editorial independence. Encouraging alternative revenue models such as audience subscriptions, digital monetisation strategies, and branded content can provide financial sustainability. Partnerships with international organisations can also offer funding and technical support, enabling outlets to focus on producing unbiased, high-quality journalism while promoting financial and editorial independence.

Investing in training programs for journalists is essential to enhance their skills in investigative reporting, ethical standards, and digital journalism. Specialised workshops and certification programs can equip journalists to navigate the challenges of a rapidly evolving media environment. Establishing strong professional associations can provide platforms for resource sharing, advocacy, and ongoing professional development while serving as watchdogs to uphold journalistic integrity and standards. A nationwide push to improve media literacy is necessary to help the public critically evaluate news content and combat the spread of misinformation. Public campaigns can educate citizens on identifying credible sources and distinguishing facts from propaganda, while integrating media literacy education into school curricula can cultivate an informed and discerning younger generation. Supporting independent media outlets is equally vital, ensuring a plurality of voices and perspectives. Grants and technical assistance can help these outlets produce unbiased, high-quality content, while initiatives that promote diversity in media representation can ensure public discourse reflects a broad spectrum of experiences and opinions.

Finally, developing and enforcing robust codes of conduct is essential to maintaining the credibility and integrity of journalism. These codes should emphasise accuracy, fairness, and accountability in reporting. Establishing self-regulatory bodies within the media sector can address ethical breaches and hold practitioners accountable, helping to build public trust and uphold professional standards. By addressing these key areas, Bangladesh can foster a more vibrant, independent, and robust media landscape that supports democracy, transparency, and an informed citizenry.

A free, diverse, and empowered media is not just a cornerstone of democracy — it is also essential for fostering transparency, accountability, and social progress. Bangladesh has the opportunity to strengthen this crucial institution, ensuring that it continues to inform, inspire, and empower its citizens in the years to come. By embracing reform and innovation, the media sector can truly realise its potential as a force for positive change.

Musharraf Tansen is a development analyst and former country representative of Malala Fund.​
 

Discussions on reform proposals with political parties by mid-February: Asif Nazrul
UNB
Published :
Feb 08, 2025 20:24
Updated :
Feb 08, 2025 20:50

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Law Affairs Adviser Dr Asif Nazrul on Saturday said they want to quit after the much-sought election following fundamental reforms based on a political consensus, required for a free and fair election in the country.

"There is no room for any ambiguity about this,” he told reporters at a media briefing at the Foreign Service Academy in the evening, highlighting the key recommendations of the six reform commissions.

Chief Adviser’s Press Secretary Shafiqul Alam and Deputy Press Secretary Abul Kalam Azad Majumder were also present at the briefing.

The interim government received the complete reports of the six commissions and made those available online.

The commissions are the Electoral System Reform Commission headed by Dr Badiul Alam Majumdar, the Police Administration Reform Commission headed by Sarfaraz Hossain, the Judiciary Reform Commission headed by Justice Shah Abu Naeem Mominur Rahman, Anti-Corruption Reform Commission headed by TIB’s Dr Iftekharuzzaman, Public Administration Reform Commission headed by Abdul Muyeed Chowdhury and Constitution Reform Commission headed by Distinguished Prof at Illinois State University Dr Ali Riaz.

Responding to a question, Adviser Nazrul said they are interested in discussing with the political parties by mid-February. “I have told you before that even if they agree, the discussions will continue during the holy month of Ramadan.”

The adviser said the political parties surely have the right to say that they want quick elections, but they did not specify what they mean by quick.

He said the chief adviser and his press secretary, on behalf of the chief adviser, have repeatedly clarified to the media that either by December this year or by June 2026.

The adviser, however, indicated that the election may even take place before June 2026, taking the monsoon season into consideration. “Maybe in April, maybe in March, this is something we have made clear from the very beginning.”

Regarding the July declaration, he said, the BNP has prepared a declaration, and if it is finalised again based on the opinions of their alliance partners, they will sit with the student leaders.

“However, in this regard, I want to say that our student leaders are showing enough restraint, patience, and tolerance. I hope that all those who are party to the July mass uprising will try to speed up this process a bit,” Adviser Nazrul said.

“This is a document of our unity. This is not a legal document; it is a political document. It is to reassert our unity, nothing more than that,” he said.

Responding to a question on recent incidents, the adviser reiterated the interim government’s tolerance, freedom of expression, and freedom to democratic practice.

On February 6, the Law Adviser said the national consensus-building commission, led by Chief Adviser Prof. Muhammad Yunus, will hold its first dialogue with all political parties and forces in favour of the July Uprising over the reform initiatives in mid-February.

The chief adviser will chair the meeting, to be held at the Foreign Service Academy, where heads of the six reform commissions will remain present, Asif Nazrul said.​
 

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

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

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

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

KEY RECOMMENDATIONS:

• Abolishing EVMs - Electronic Voting Machines

• Cancelling uncontested elections

• Reintroducing the "No Vote" option in general elections

• Invalidating elections where "No Vote" receives the majority

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

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

• Reinstating the caretaker government system

• Introducing online voting

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

REFERENDUM: A TOOL FOR PUBLIC OPINION

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

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

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

HIGH COURT RULING & LEGAL IMPLICATIONS

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

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

REPRESENTATIVE RECALL SYSTEM

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

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

How the Recall Process Would Work

The report outlines the recall mechanism as follows:

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

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

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

WHY A RECALL SYSTEM?

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

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

CONCERNS AND RISKS

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

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

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

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

OTHER KEY RECOMMENDATIONS BY THE COMMISSION

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

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

• Establish an Upper House (Senate) with 100 seats

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

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

UPPER HOUSE (SENATE) FORMATION

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

The seat distribution would be:

• 50 percent from party members

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

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

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

Lower House Expansion and Women’s Representation

• Increase the number of parliamentary seats from 300 to 400

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

Presidential Election Reform

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

• Members of both houses of parliament

• Elected representatives from local governments

CARETAKER GOVERNMENT SYSTEM

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

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

• Conduct both national and local elections

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

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

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

Local Government Elections

• Hold local elections before national elections

• Make local elections non-partisan by amending electoral laws

Political Party Regulations

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

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

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

VOTING RIGHTS FOR OVERSEAS BANGLADESHIS

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

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

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

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

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

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

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Representational image. | UNB Photo

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

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

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

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

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

The Constitutional Reform Commission was formed on October 6.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Legal obstructions towards equality

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

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

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

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

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

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

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

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

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

Can we bridge the generational gap and reform our democracy?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Key governance reforms needed for a fairer Bangladesh

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FILE VISUAL: SALMAN SAKIB SHAHRYAR

Bangladesh has gone through several political transitions since its independence in 1971. Caretaker or interim governments in the past have often delivered important institutional reforms. The present team under Professor Mohammad Yunus is no exception. But to meet the expectations of Bangladeshis during this short window, a focused reform agenda is required.

Bangladesh has come far in the past 53 years, but its economic engines were starting to sputter in the aftermath of Covid and Russia's invasion of Ukraine. Recent data revisions suggest growth was considerably lower than previously estimated, while substantial capital flight weakened the financial sector's health. Add to this the continuous loss in international reserves during the 2022-24 period and persistently high inflation, and the economy by mid-2024 was not in the best of health.

With the move to a crawling peg exchange rate, the tightening of monetary policy, the alignment of prudential standards with international norms, the launch of an asset quality review, and the appointment of independent boards for several of the troubled banks, the Bangladesh Bank has already taken important steps to regain macroeconomic and financial stability. These should now be completed with the introduction of a robust bank resolution framework that gives the central bank the tools necessary to intervene in failing banks, enforce capital requirements, and, importantly, protect depositors.

While stabilising the economy is a priority, the roots of Bangladesh's recent turmoil lie in a crisis of governance. The interim government is pursuing a programme that can be described as one of full transparency and wide consultation to help put in place the rules and institutions needed to secure a fairer Bangladesh for the next generation. In the economic sphere, three priorities stand out:

First, today, the government loses a massive seven percent of GDP annually (about 3.5 lakh crore taka) from tax breaks awarded in non-transparent and arbitrary ways. While some tax incentives are justified, they should only be granted after a due process. Bangladesh does not have such a process and unsurprisingly has one of the highest rates of tax exemptions in the world. Transferring the authority to approve tax policy from the National Bureau of Revenues to the parliament, as is the case in almost all other countries globally, and separating tax policy from tax administration, are foundational reforms to ensure everyone pays their fair share.

The governance of public finances can also be strengthened by disclosing the winners and ownership of government contracts and granting independence to the Office of Comptroller and Auditor General. In the area of social assistance, the creation of a dynamic, unified social registry to better target welfare programmes is a positive step in the direction of greater transparency.

Second, lax regulation of banks allowed connected groups to secure loans that greatly increased the risks to banks. The Bangladesh Bank should require all banks to check and disclose their ultimate owners and borrowers and the links between them to manage risks.

In parallel, with the help of the international community, Bangladesh is working to recover some of the assets it believes were illicitly transferred out of the country. With a properly regulated banking system, the foundation would be laid for attracting additional investment into the sector, reducing the large stock of non-performing loans and rebooting private sector credit for growth and job creation.

Third, digital and data revolution offers great opportunities to strengthen public sector governance and service delivery. Reforms to bolster the quality and independence of the statistics system are under preparation. These could be complemented with the creation of a digital public infrastructure to make the public administration more transparent, user-friendly and efficient, following the example of other developing countries from Brazil to Estonia and Indonesia to India. Bangladesh—the country with the second largest population of digital gig workers—should not be far behind. A modern data protection framework, creating an interoperable digital payment system for mobile financial transactions, the creation of a unified digital ID system, and a consent-based data sharing framework could be priorities, as recommended by the task force on re-strategising the economy.

In strengthening the governance of public finances, the financial system and the administration of data and statistics, the interim government would leave a strong economic legacy on which all future elected governments could build.

Martin Raiser is vice president for the South Asia Region of the World Bank.​
 

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