Mixed signs from BNP’s Suhrawardy Uddyan public meeting
M. Serajul Islam
President M Abdul Hamid
The most significant outcome politically from the BNP’s first political meeting at Suhrawardy Uddyan for a very long time has been the fact that the BNP has set its mode for participation in the next general election.
That election must be held latest by the end of January 2019 that is just 14 months away.
BNP’s boycott was the single most important factor that ended the 2014 election in the manner it did where it would be a misnomer to call it a general election. Less than 10% of the people had voted in that election and 153 became members of the parliament unopposed. That election had also directly compromised the Bangladesh constitution and the spirit of 1971. Therefore, BNP’s decision to take part in the next election was good news because it would allow the voters to elect the government of their choice.
Apprehensions abound
Nevertheless, the BNP’s public meeting came with new apprehensions about the country’s future. It emerged from the BNP’s demand that the next election must be held under a neutral government and not under the incumbent government.
That would be something very difficult to ensure because it would need the indulgence of the Awami League to amend the 15th Amendment through which the Awami League had deleted the caretaker government system (CTG) and reverted to the system of election under the incumbent Prime Minister as was incorporated in the 1972 Constitution.
Ironically, the AL as the opposition in 1991-96 with its then allies the Jamaat and the Jatiya Party, had forced the BNP Government to amend that provision in the 1972 Constitution to adopt the CTG system because they were convinced that a national election cannot be free and fair under the incumbent Prime Minister and the ruling party government.
Therefore, the Awami League itself with Jatiya Party and the Jamaat had been the staunchest advocate of what the BNP is now demanding, and precisely for the same reason that they had argued, only the prospects of election under the incumbent government to hold a fair election has worsened badly since 1996.
In fact, when the first election was held in July 1996, it was the BNP that had lost and the AL had won that election to return to power that it had lost in 1975. In its 1996-2001 term the Awami League had proudly claimed that the caretaker system was its original contribution to holding a democratic election in a third world country and it was accepted widely. A few countries including Greece where democracy was born accepted the caretaker system for holding their national election.
AL itself championed CTG system
Nevertheless, the Awami League is more than eager for ulterior reasons to forget that part of its own and the country’s history like it never happened. It is, however, a great wonder that the civil society, the media and those that participate in the TV talk shows also went into amnesia over the AL’s role in ushering the CTG system.
In retrospect, the Awami League may have shot itself in the leg with the 15th Amendment with which it killed the caretaker system for which it had not just carried out a movement during the 1991-96 BNP rule but had also not cared that the movement was carried with the Jamaat and the JP as allies and that it was accompanied with significant violence.
The caretaker system could have become the Awami League’s major contribution not only to the way to hold a free and fair election in the country but also for all developing countries aspiring to change the government through the democratic process. It was true that there were some problems with the system but the AL should sorted that out to earn credit for itself and the country.
Instead, the AL argued against the caretaker system coming to power in December 2008 in an election that was held during the emergency when the military had managed both politics and administration. Awami League’s argument against its own creation – the caretaker system – that an unelected caretaker government could not be a democratic government.
There were so many loopholes in that agreement that it was strange that in a country where there is such an abundance of political analysts, commentators and talk show participants that no one saw those loopholes. And to all the loopholes, they also failed to acknowledge what was an obvious fact, that the 3 elections held under the caretaker system that the Awami League had helped establish and incorporate into the Constitution were the only 3 free and fair elections held in the country’s history.
A fallacious argument
While the AL was going ahead with the 15th Amendment to annul the caretaker system and give the Prime Minister powers that even a dictator would envy, the political analysts, commentators and TV talk show participants did not spare themselves a moment to remind the Awami League that when it had moved for the caretaker system through a violent movement, why hadn’t they considered that they were proposing a system that they were later calling undemocratic?
And why also did they not take a look at the 15th Amendment itself? If they had, they would have seen clear as daylight in the 15th Amendment, the blueprint for pushing the country towards the single party system which the Awami League had tried once and failed with the 4th Amendment or known infamously as the BAKSAL Amendment.
The argument that the AL had made to adopt the 15th Amendment that an undemocratic government could not elect a democratic government was also deeply flawed. It was a wonder that our intellectuals also failed to expose those flaws.
One, of course, has been explained earlier in this article, that the 3 elections under the CTG system brought to power the party that the people wanted. In contrast, the other national elections under the party in power have all been controversial and far from being free or fair, starting with the 1973 election held by the first AL Government and those held by the governments headed by President Ziaur Rahman and HM Ershad.
The argument that unelected governments could not hold democratic elections was never explained by the Awami League. Elections for a change of government under the parliamentary system worldwide are conducted by an interim government that in reality is the outgoing government brought to existence as soon as the existing parliament completed its term and automatically dissolved or the party in power dissolved the parliament to call an early election.
In such a system, it is only the speaker of the outgoing parliament that remains an elected official till the new parliament elects a new speaker for the sake of the continuity of the elected nature of the government. Everybody else in the interim government is an unelected citizen the same as in the caretaker government.
EC fated to reelect incumbent
Therefore, the interim government is as much unelected as the caretaker government. The drafters of the 15th Amendment were aware of it but not the political analysts/commentators of the country. They tried to take care of the problem by something never tried in any parliamentary system.
The 15th Amendment allowed a new national election without the abrogation of the outgoing parliament to allow its members to remain, elected members while contesting for the new parliament, a truly incredible situation! And as they would also exercise all the powers of a member of parliament, they would have an unfair advantage in the election over those that are not members of parliament. That had made the 15th Amendment a serious danger for holding a free and fair election while it was the caretaker system that had in it the assurances for a free and fair national election.
All the above notwithstanding, the Awami League itself underlined unequivocally that a national election under the party in power or under the 15th Amendment could be neither be free or fair by the way it had conducted January 5, 2014, general election.
That election also underlined equally unequivocally that as long as the Election Commission remained under the grip of the outgoing government that the 15th Amendment legalized as the interim government, the Commission had little option to do much else than do whatever was necessary to bring the incumbent party back to power. Therefore, as long as was the party in power was allowed to become the election time government, hoping that the EC would be able to give the country a free and fair election would be a foolish dream.
Notwithstanding the fact that 15th Amendment that was to a large extent responsible for the last general election turning the way it did taking away from the overwhelming majority of the people their right to vote, the chances of another election being held the same way is extremely unlikely.
Pranab Mukherjee & Sushma Swaraj
The reasons are obvious. The BNP and its allies have already made their intention to participate in the next election. That will make a huge difference for the AL will not have a walkover in the next election. Further, the realities that had forced the BNP to abstain last time, namely the Shahbag Movement, the Hefazat uprising and the war crimes trials that had combined to abort the BNP’s movement to force the Awami League for election under a neutral government do not exist in the country’s politics anymore.
The Shahbag Movement is history. The Awami League is seeking the Hefazat as an ally. And the ruling party has fully cashed upon the war crimes card by hanging all the big fish.
Over and above these three important factors, New Delhi needed another AL term to dismantle the last traces of foreign elements in Bangladesh working against Indian security interests and using Bangladesh soil for terrorist activities in the Seven Sisters.
And New Delhi needed another AL term to fully implement the land transit for which the agreement was secured but not the infrastructure. The way the Indian Foreign Secretary Sujata Singh visited Dhaka just before the 2014 election and talked with HM Ershad to encourage him to participate in the election to help bring the AL back to power did not leave anyone in doubt of New Delhi’s involvement that has been further underlined by the latest book of the former Indian President Pranab Mukherjee.
The recent visit of the Indian External Affairs Minister to Dhaka has Sujata Singh had done in December 2013 on her visit to Dhaka. Sushma Swaraj met Khaleda Zia instead and stated to her that New Delhi wanted a participatory election in Bangladesh and that it was the government’s responsibility to ensure it.
India’s change of posture was not unexpected. True that the Awami League government had delivered land transit and security interests to India through the legal process. However, New Delhi found to its dismay that its hopes of implementing the two crucial interests depended upon a significant section of the people of Bangladesh having a favourable opinion about India.
Can President head an interim govt.?
That favorable opinion had sunk significantly since the January 2014. India realized that if it wanted to repeat its 2014 role in Bangladesh again, it would jeopardize both the land transit and security assurances given by Bangladesh that only a Defence Pact with the right to interfere in Bangladesh in any matter it liked that India had tried to sign with Bangladesh but the Awami League Government did not provide.
That was the reason for India’s support for a participatory election. If AL came to power through a participatory election, New Delhi would no doubt be delighted. If the BNP won, New Delhi would still have a better chance of furthering those interests than bringing to power the AL a third time because meanwhile, BNP’s anti-India rhetoric had diminished substantially.
Thus all the factors point towards a national election in Bangladesh. These factors also underline that the AL would not be able to repeat 2014. Meanwhile, the Awami League’s need to return to power has become paramount because of the present political realities in the country. Therefore, an agreement between the AL and the BNP over the 15th Amendment is absolutely necessary for the sake of the country but at this stage it appears unlikely.
The AL wants to hold the election under the incumbent Prime Minister hoping to return to power and Khaleda Zia has clearly stated that the BNP would want the CTG through which she hopes to defeat the AL. And neither appears strong enough to force its will on the other although the ruling party has the coercive powers to try to impose its will without the factors that had helped it in 2014. This appears to point towards a dangerous conflict in the country.
Therefore, holding a free and fair election is of paramount importance to the nation, one that would require the goodwill of all. A middle road between the AL and the BNP must be found for holding the next election with the participation of all the political parties. It is here where the President could play a historic role.
He could head the interim government with the two major parties sharing the ministries with roles in the election, like Home, Law, Defence, etc. And the Election Commission could then be freed of the shackles to hold the election in a free and fair manner because it has all the powers to do so but forced to act as an extension of the ruling party because of the 15th Amendment.
The writer is a former career Ambassador
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