Tue 11 Sep 2007
Badiul Alam Majumdar of Shujan has been a tremendous voice for the last 2/3 years for reform in electoral changes. His organization, the hunger project, has tremendous grassroots outreach. Drishtipat recently has been working with the hunger project on its flood campaign. The following piece chonologically posts how the reform proposals evolved — the dialogue for which is starting tomorrow. Check our previous discussion on these proposed changes.
Also take the following poll.
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Badiul Alam Majumdar
First Published in Daily Star.
The Election Commission (EC) has invited 15 political parties for dialogue on electoral reforms, which is to begin from September 12. Some political parties have already expressed their hesitation to participate in the dialogue. Others are demanding the lifting of the existing ban on indoor politics as a condition for their participation.
However, many have misgivings about the very intention behind the Commission’s initiative. Some even view it as a part of a conspiracy designed to put into practice the so-called “minus two” formula. Such misgivings are uncalled for in that the electoral reform ideas have not been conceived to exclude anyone, nor have they suddenly fallen as manna from heaven. In fact, ideas of reform have evolved over time and they have a celebrated history.
Over time, they have been sharpened by the contributions of many, including the media, and now they have, for all practical purposes, become a necessity. Political parties have also played a significant and praiseworthy role in advancing and popularising the demands for reform. Our left political parties, including the Communist Party, have been for a long time demanding reforms of the electoral process and democratic institutions. Fair Election Monitoring Alliance (FEMA) also advanced some important reform ideas in 2000. Many conscientious citizens have also been proposing reforms with a view to cleaning up our criminalised political system. In recent years, Shujan — Citizens for Good Governance — has initiated a systematic and serious discourse on reform. The most significant initial step in this regard was a roundtable discussion on “Political Reforms in Bangladesh,” held in September 2004 in partnership with The Daily Star.
Subsequently, in another roundtable discussion on April 10, 2005, organised with the assistance of Prothom Alo and The Daily Star, the reform ideas were made concrete and specific. Following that, the discourse was carried forward in countless discussions, seminars and roundtable meetings organised by Shujan volunteers throughout the country. This author also wrote many newspaper pieces on various reform issues. One important milestone in the advancement of the reform discourse was a news conference by the Awami League president and leader of the opposition in parliament, Sheikh Hasina, on July 15, 2005, on behalf of the 14-Party Alliance (Alliance).
In the news conference, she proposed a unified “outline for reforming the caretaker government, the Election Commission, and the electoral process for free and impartial elections.” In the unified outline, she offered 15 specific commitments to make the EC independent and effective.
At the same time, she made 30 specific promises under 11 headings to reform the electoral laws and rules. The headings included: eliminating the undue influence of money in elections; publishing the statements of wealth and antecedents of candidates; qualifications of candidates; making elections free of hooliganism, muscle power and hoodlums; stopping the use of religion and communalism in elections; giving everyone equal opportunity in elections; ensuring transparency in elections; role of the law enforcement agencies during elections; ensuring internal democracy and democratic practices within political parties; and increasing the number of women’s seats in parliament and ensuring direct elections. Sheikh Hasina also made reforms proposals in parliament. Later, on November 22, 2005, “a unified minimum programme” was announced on behalf of the alliance at a grand public meeting in Paltan Maidan. The document included the commitment that: “In line with the unified outline declared on July 15, 2005, free and impartial elections without the influence of black money, hooliganism and communalism will be ensured, along with the reform of the caretaker government and the Election Commission.” Thus, it can perhaps be safely said that the Awami League and its allies are clearly committed to political reforms in Bangladesh. Another milestone in the reform discourse was a dialogue entitled “The role of the civil society in accountable development efforts,” jointly organised by the Centre for Policy Dialogue (CPD), Prothom Alo and The Daily Star, which was held on March 20, 2006, and the subsequent formation of the “Nagorik Committee,” consisting of a group of most distinguished citizens of the country.
On the initiative of this Committee and the assistance of the Channel i, 15 “Citizens’
Dialogue” were subsequently held throughout the country, and through these efforts mass awareness about reforms was created. At this stage, some of the other political parties and many citizens from all walks of life became involved in the burgeoning debate on reforms. Consequently, political reform has become a mass demand and turned into a people’s movement, which was clearly the outcome of the combined efforts of many. After the EC was reconstituted, Shujan incorporated reform ideas into a draft ordinance designed to amend The Representation of the People Order, 1972, and handed it over to the EC.
The Nagorik Committee, separately, did the same. Many other individuals and organisations also submitted reform proposals to the EC, and the Commission’s proposed reform agenda, made public last April, is clearly based on ideas coming from political parties as well individual citizens and citizen groups. Broadly speaking, the EC’s proposals can be grouped into five categories: the standards of qualification and disqualification of candidates; the disclosure requirements for candidates; empowerment and independence of the EC; and the resolution of election disputes.
In addition, the EC proposal dealt with the issues relating to the number of polling agents, forfeiture of deposits, and the submission of reports of election expenses. It also proposed some changes in the Conduct Rules.
However, the EC proposal contained nothing about the election expenses. It should be noted that the Commission held dialogues with the representatives of citizens groups as well the media, and based on their recommendations brought about some changes in its original reform agenda. Clearly, the goals of the EC, the citizen groups and the political parties are similar — the ensuring of free, fair and meaningful elections. However, the reform proposals of political parties include some changes, which would require amending the constitution, for which we will have to wait until the 9th parliament comes into session.
The EC, however, has proposed only those reforms, which can be put into effect by amending the Representation of the People Order and the Conduct Rules. In most cases, there is no conflict between the reform ideas proposed by political parties and the EC, although the Commission’s proposals are generally more detailed and specific. However, there are divergences between the two proposals in two areas. The Commission proposed the compulsory registration of political parties, but political parties are silent about it.
Nevertheless, section 9(a) of the unified programme of the alliance declared on November 22 states that “the functioning of political parties contesting elections in accordance with democratic principles and the regular election of party leaders would be ensured, and the submission of the financial reports to the Election Commission would be made compulsory.” These are, in essence, the main conditions for registration proposed by the EC.
Thus, the political parties, especially the 14-party alliance, should have no objection to compulsory registration of political parties. It may be noted that similar registration requirements are in force in many other countries, including neighbouring India. Another important difference between the two is that the EC proposal requires the banning of front organisations, especially the student and labour organisations. The constitutions of the main political parties have made their front organisations totally subservient to the main party. For instance, according to section 25(1) of the Awami League constitution, the party will, through its designated official, supervise and coordinate the policymaking of its front entities.
Because of such controls, student politics, for example, could not develop to protect and promote the interests of students, and there is growing public sentiment against such proxy politics.
In addition, Sheikh Hasina, while the Prime Minister, once proposed, subject to the agreement of the opposition, the banning of student politics. It is clear that the14-party alliance, including the Awami League, is committed to major reform. Even the two factions of BNP have in recent times claimed that they want reform.
Given this, we hope that our political leaders will respond to the EC’s invitation and participate in the forthcoming dialogue. We also hope that they will give their considered opinion on the EC proposal, and put forward, if necessary, new reform ideas, based on which the Commission will be able to finalise its agenda.
However, the Commission must not allow political parties to veto any of its proposals, for, as a constitutional body, its solemn duty is to protect the public interest. At the same time, we request that the government, in the interest of facilitating the dialogue, consider the EC’s proposal to lift the ban on indoor politics.
We further hope that our respected politicians will prove Aristotle right and show that “the good of man must be the end of the science of politics.”
Dr. Badiul Alam Majumdar, Secretary, SHUJAN (Citizens for Good Governance).
September 12th, 2007 at 4:50 am
SHUJAN’s effort to reform a dysfunctional system is praiseworthy. One of the concluding remarks of this article caught me off guard. I quote, “However, the Commission must not allow political parties to veto any of its proposals, for, as a constitutional body, its solemn duty is to protect the public interest.”. I don’t have an explanation of ‘veto’ in this context. If it is opposition to any of the reform proposal and countering it with modified one, then this suggestion negates the whole purpose of dialogue. Rather EC could just do whatever they feel right by issuing a proclamation.