DHAKA TRIBUNE

Long Form

Monday, January 20, 2014

In search of the superhero

An election comission with superpowers is one answer to the BNP-AL stand-off

The CEC inspecting polling facillities to conduct a free fair election, the CEC needs superpowers like horeos in comic strips

Syed Zakir Hossain

Zahid Newaz Khan n

NP now dreams of another election If not today maybe tomorrow, at best day after tomorrow. Awami Leagues dream, on the other hand, is to complete its full tenure. However its leaders have themselves said that they had to hold the 10th elections to fulfill a constitutional obligation. They were also assured that a dialogue with BNP would take place after the 10th election, and this dialogue would pave the way for the 11th elections. It is certain that the third term of Sheikh Hasina will not be short. It is also unlikely that the government will be able to complete its full five-year tenure. However diplomatic pressure, especially from the west, is piling up, seeking an inclusive election in which all parties participate. They also desire that BNP deserts their combine with Jamaat-e-Islami, which once again has proved that they are a brutal entity. Perhaps, Begum Khaleda Zia now understands that her dependence on Jamaat-Shibir was not the right choice to make, but still she appears to be in a dilemma: to say good-bye to Jamaat, which had unleashed a reign of terror in an attempt to foil the trial of 1971 war criminals, or to maintain the alliance. Begum Zia had thought her demand for an election under a non-party government could be attained through Jamaat-Shibirs mission to destabilise the country. The result is a big naught, as anarchy by Shibir overshadowed her demand. As a result, her party too, failed to build any momentum In fact, Khaleda Zias original sin was failing to comprehend that after Sheikh Hasinas triumph in the December 29, 2008 elections, Bangladeshs politics in the coming years would be centered over the trial of war criminals. Soon after that election, she had an opportunity to oust Jamaat-e-Islami from her alliance, and

identify that the new generation voted for the war criminals trial. It would have also helped her to shoulder the responsibilities of the huge defeat in that election. Khaleda Zia even failed to anticipate

turned out to be a nightmare. Yes, one can raise questions about the morality of the present government, but there is no question of legality, as the constitution doesnt impose any condition of turnout on

Khaleda Zias original sin was failing to comprehend that Bangladeshs politics in the coming years would be centered on the trial of war criminals

sult will be a repeat of the same chain of events we witnessed before and after the 10th parliamentary elections. So, whenever the election is held, answers to many questions need to be found much earlier. Talks may begin tomorrow if we want to avoid further clashes and bloodshed over the election issue. The first and foremost question is ensuring a free, fair, and impartial election. It is true that holding the elections under a government of unelected people is unconstitutional and against the spirit of democracy. It is also true that we are not so civilised that a party in government will ensure an impartial election takes place devoid of undue influence. So, we have to find a solution, and it lies with a really strong Election Commission.

election time government, are there any other major political differences between the two parties?

Independent candidature
Like in case of scrapping the no vote system, BNP remained silent when the government scrapped another rule that meant one person needed to be affiliated with a political party for at least three years to be eligible for candidature from that party. Here the interest of both the parties is the same. It means they want to enjoy the liberty to make anyone their candidate any time. But, the scope of independent candidates, or someone leaving a party to be a candidate, has been limited by the mandatory clause that an independent candidate has to submit the signatures of one percent of the voters in a constituency. It is further proof that the two parties consider the country as their zamindari. The polling rooms are the places for exercising the right to franchise. Why should voters be exposed before the election by putting down their signa-

Reintroduction of no vote
BNP has been involved in an anarchist movement for a caretaker government for the last few years, but did not raise its voice when the no vote provision was scrapped. It is another sign that there is no difference between the two parties apart from the question of who will be in power. Again, Begum Zia here failed to see that Sheikh Hasinas government by scrapping the no vote is going to hold an almost one-party election. They had an apprehension that there will be a big scandal if there is a no vote system, and an organised campaign could have made the no vote box heavier than the others. Bangladesh needs to reintroduce the no vote system to avert one-party

the course of political developments when Sheikh Hasina killed her own idea of the non-party caretaker government, and amended the constitution to hold general elections under an interim government, like in other parliamentary democracies in the world. Obviously the government was mindful of the possibility that if Khaleda Zia continued her alliance with Jamaat, her movement for voting rights would get mixed up with Jamaat-Shibirs bid to protect the war criminals. And the governments prediction came true through the anarchy unleashed by Jamaat-Shibir. This is the reason why Khaleda Zia, to many, emerged as the Ameer of Jamaat-e-Islami. Development partners are now urging her to call off her relations with Jamaat. The BNP Chairpersons misreading of politics continued further when Prime Minister Sheikh Hasina called her to initiate dialogue on the election issue within the ultimatum given by Khaleda Zia herself, but subsequently the opposition leader failed to respond positively. In fact, her daydream that Jamaat-Shibir would realise her demand, and that she would be the Prime Minister for the fourth time,

It is also true that we are not so civilised that a party in government will ensure an impartial election takes place devoid of undue influence

the elections. Begum Khaleda will need quite a long time to wage a huge movement against the government from the moral high ground. But what would happen if the BNP had taken part in the 10th parliamentary elections? Partys top brass, in the highest party forum, argued: a) That BNP announces participation in the election to regroup its leaders and activists in all spheres in an organized way, and if the question of boycott comes up the party will be able to wage a huge movement; b) That BNP takes part in the election, observes until the voting is over, and if there is massive rigging, an immediate mass movement will be possible as tens of thousands of BNP activists will be in and around the polling centers. Neither Begum Khaleda Zia nor the London-based party decision maker Tarique Rahman accepted the argument, and relied instead on Jamaat-Shibir anarchy. The end result is that the party, which was dreaming of assuming power in early 2014, may need to wait for an election in another five years. Peace seemingly having been restored, people are not talking about another round of elections so early. BNP aside, the headache now, seems to be the west. But the time of the next election will depend on the extent of any movement, if BNP can create it, and the governments ability to tackle it. On the other hand, if BNP (with Jamaat or without Jamaat) wages a movement, their demand will not be an early election only, but also the holding of the election under a non-partisan, neutral government. Apart from denying the first demand, the Awami League government will again rule out the second one. The re-

Superpowerful Election Commission

The EC, constitutionally, should be made so strong that it will be more powerful than the interim government in the period between the announcement of election schedule and publication of the gazette of the election results. The constitution should not only say that the government will act as per EC directives, but certain clauses should also be incorporated that state the EC will be able to do everything required to hold to the elections independently. However, making a superpowerful EC is not enough. Simultaneously, it is important to decide on who will be eligible to partake in the Election Commission. Since the nation, time and again, has discussed the people who are acceptable to all for the caretaker government, the EC should incorporate such dignitaries. Again the question is whether the party in power will agree to bring non-partisan and efficient people into the commission. Here the constitution will incorporate another clause that the EC will be formed by the parliament with a consensus of the two major parties in the house. The formation of the EC will be in its first year of the parliament, so that the tenure of the commission expires only after holding the next general elections. The consensus of the treasury and opposition benches has to be made mandatory. Since BNP is not in Parliament now, the first EC under the new law can be made with discussion with them outside the parliament. If Bangladesh can really go for a superpowerful EC, the main political conflict between the two parties will be over. Other than the alliance with Jamaat and the

Bangladesh needs a majority vote clause. If there is a constitutional clause that an election will require a minimum 51 percent turnout, the possibility of an election keeping major parties sidelined will lessen

election in future. Both parties should understand that it is also required for their own interest. If any of the parties boycott an election for pragmatic reasons, the no vote will keep some room for them, and the voters could say no to the incumbent alongside denying unfit candidates in an ideal poll.

Introduction of Majority Votes

The present election system of Bangladesh did not make it mandatory that a certain percentage of turnout be required for the acceptability of an election. It means if a candidate gets only a few votes and his rival candidate gets less than that, the higher vote receiver will be the winner. Countries having a long history of democratic practice may not need a certain percentage of turnout, but a country like Bangladesh needs a majority vote clause. If there is a constitutional clause that an election will require a minimum 51 percent turnout, the possibility of an election keeping major parties in the sidelines will lessen.

tures for an independent candidate? It is also contrary to the provision of a secret vote. Moreover, it enables the ruling party to cancel the candidature of an independent candidate, through the returning officer, in the name of signature forgery. The one percent signature provision is clearly a black law. It has to be scrapped to allow any fit person to be a candidate in the national elections.

Early Thought for Next Election

The initial thought doesnt necessarily manifest the thought of an early election. But the nation needs to resolve the basic questions, whenever the next election is held. Bangladesh cannot afford any more human and economic losses in the name of voting rights and democracy. Also, Bangladesh cant afford the consequences of an almost one-party election in the name of democracy and the constitution. l Zahid Newaz Khan is a news editor for Channel I, and a freelance contributor.