This is the heart of democracy. These are expected to offer good opportunities for the Election Commission to know the wills and expectations of the voters which is crucial for ensuring a free and fair election. We are sure that a highly experienced, honest, sincere and intelligent retired government officer of the highest rank, as the CEC, Dr. A.T.M. Shamsul Huda, will be able to choose successfully the prudent, pragmatic and useful ones out of these numerous comments and suggestions for deciding a correct course of action for fulfillment of his mission, i.e. presenting the nation with a really free and fair election.

Most of the proposed amendments and provisions are really pragmatic and praiseworthy and are expected to play a useful role in the conduct of a free and fair election. I congratulate the EC for proposing these courageous steps. The purpose of the present article is to add something to the comments and suggestions already offered by many about the proposed provisions regarding participation of retired government officials and NGO employees in elections.

It has been proposed that Article 12 of the Representation of the People Order of 1972 would be amended to impose ban on government employees, employees of statutory bodies, members of armed forces and employees of NGOs (working with foreign donations) to contest in elections within three years from the date of retirement or resignation from service. It has been said that participation of employees of government statutory bodies, NGOs (working with foreign donations), and members of armed forces in elections immediately after retirement or resignation from service would create situations of clash of interest.

First of all, I think, this observation of the EC that participation of employees in election just after retirement or resignation would create situation of clash of interest is not clear to most of us. How this will create clash of interest needs to be clarified. It appears to be an unfounded imagination of the EC. If the persons concerned are sincere in their intention, i.e. serving the people, there cannot be any question of clash of interest.

Moreover, the constitution has imposed restrictions only on the persons in profitable positions of the republic to participate in elections. There is no constitutional restrictions on such persons to contest in elections after retirement or resignation from profitable positions (service). In that case it has also to be considered whether such a provision in the Representation of the People Order will be contrary to the constitution or not.

It appears that the EC is proposing this amendment on the presumption that all employees of government, statutory bodies, and NGOs are corrupt, and start taking preparatory actions for contesting in elections by misusing official powers of foreign funds (in case of NGOs) while in service with a view to contesting in elections just after retirement or resignation.

This sort of assumption is not only wrong and improper but also illogical. There are many efficient, honest, and devoted employees who do not misuse official powers or funds to please political masters to win their blessings to get nominations after retirement. The government employees who allow themselves to be used by their political masters and tend to misuse official powers to satisfy the corrupt intentions of the political masters, 99% of them do this for getting extension of service or contract appointment after retirement. Very negligible few of them do these with the ambition of contesting in election with the blessing of the political party concerned.

So I think that the present system of allowing employees of the government, statutory bodies, and NGOs or members of the armed forces will go a long way in mitigations scarcity of honest, efficient, competent and devoted people in politics. What the EC can probably do is to obtain declaration from the employees of government, statutory bodies, and NGOs or members of armed forces, intending to contest in elections, to the effect that they did not commit any misuse of official power for activities preparatory to contesting in elections and also ask for their statement of assets and after being satisfied regarding the correctness of such declarations and statements after necessary enquiry, allow the honest ones to participate in elections.

The proposed amendment is all the more illogical in the case of NGO officials. There cannot be any earthly reason to think that participation of an NGO official in election after retirement or resignation (even when in service) will create any situation of clash of interest. The NGOs are working for eradication of poverty and for improvement of the standard of living of the poor. The same thing an NGO employee would be doing being in the government. There cannot be any clash of interest between the government and an NGO since both are working with the same end in view.

The constitution of Bangladesh says that a citizen of Bangladesh who has been declared insane by a competent court of law, a foreign national, or one who has declared allegiance to a foreign state, or a person who has been convicted for more them two years for any criminal offence, or holding some position of profit of the Republic, cannot contest in election. Since an NGO employee does not fall under any of these categories of persons, and he has valid right to cast vote, so there cannot be any justification for depriving him of his constitutional right to contest in election.

Our constitution guarantees equal rights for all citizens. But the proposed amendment appears to be aiming at depriving only the NGO employees of the right to contest in elections, not others like teachers, lawyers, doctors, businessmen, industrialists, etc, who are also in non-government professions and are having organizations of their own. They are not to be required to quit their profession and sit idle for three years for contesting in elections. So this provision will surely be discriminatory and contrary to the provisions of the constitution.

It will not be proper to deprive an NGO employee from his constitutional right to contest in elections only because the NGO concerned works for eradication of poverty or implements other voluntary development activities by procuring foreign donations. Misuse of foreign donations may be an offence but proper use of foreign donations (i.e. use of foreign donations exactly for implementation of activities of projects approved by the government) cannot be an offence.

Foreign donations procured by the NGOs from foreign governments or from foreign philanthropic organizations cannot be treated as government funds. It is not the government who brings these funds for the NGOs; the government or the NGO Affairs Bureau does not even play any facilitating role in arranging foreign donations for the NGOs. It is the NGOs themselves who contact the foreign donors, submit project proposals to them and convince them to provide donations for implementation of such project activities. The foreign donors after being convinced about the activities and capability of the concerned NGOs and after being satisfied about the usefulness of the activities proposed in the project proposal for eradication of poverty or human resource development provide the donations.

An NGO as again to obtain prior approval of the government (NGO Affairs Bureau) to receive foreign donations committed by the donors. For this purpose the NGO has to submit project proposal to the NGO Affairs Bureau declaring the amount of foreign donations receivable, the particulars of the donors and describing the activities to be implemented therewith.

The project proposals are examined by the concerned ministries of the government in addition to the NGO Affairs Bureau. After being satisfied that the activities proposed in the project proposal are necessary for the area and the target people and are in conformity with the overall development objectives of the government, the government approves the project and the NGO Affairs Bureau gives permission in writing to the NGO to receive the foreign donation.

The NGO has to utilize the foreign donations only for implementing the activities mentioned in the government approved project, not a single farthing is allowed to be spent for any other purpose. Even for any minor change in the project which may be necessitated by circumstances during implementation, the NGO has to obtain approval of the NGO Affairs Bureau. The NGO has to obtain government approval even for utilization of the bank interest earned on the foreign donations for implementation of any minor extended activity under the project.

An NGO working with foreign donations procured by itself with government clearance has also to submit annual audit report to the NGO Affairs Bureau by getting implementation of project activities and utilization of foreign donations audited by a CA firm enlisted with the NGO Affairs Bureau. So there is enough power and instruments in the hands of the government to ensure or regulate proper utilization of the foreign donations being brought into the country by the NGOs. Besides these, donors also keep very vigilant eyes on the utilization of their tax payers' money and conduct periodical audit by engaging internationally reputed foreign audit firms.

So I would like to suggest that the employees of the NGOs against which there is no allegation of misuse of foreign donations should not be deprived of their constitutional right to contest in elections, bar can be applicable only to the officials of the NGOs against which there will be complaints of misuse of foreign donations in the annual audit report and the employees who would be convicted by court in cases instituted by the NGO Affairs Bureau under the Foreign Donations (Voluntary Activities) Regulation Ordinance of 1972 for misuse of foreign donations or for violation of any provision of the Ordinance. We should appreciate that the NGOs by procuring foreign donations for implementing socio-economic development activities and poverty eradication programs are giving more service to the nation than many others who would be allowed to contest in elections.

There are very good NGOs in the country who are really dedicated and committed and have been working devotedly for eradication of poverty by empowering the poor. These NGOs strongly and rightly believe that establishment of democracy and good governance is a prerequisite for eradication of poverty. Employees of these NGOs are real friends of the poor. So why should we bar them from contesting in elections and be in the government to try to establish a pro-poor government. Barring NGO employees from contesting in elections by amending law will be improper, unconstitutional, and would make the present dearth of honest, patriotic and capable people in politics more acute. Moreover, we have no right to deprive the voters from the maximum freedom of choice.

Giasuddin Pathan is a former Director General, NGO Affairs Bureau.