12:00 AM, December 31, 2018 / LAST MODIFIED: 05:25 AM, December 31, 2018
What they said
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After Bangladesh's journey began on the path to becoming a modern democracy in 1991, many expected that electoral democracy would gain a strong footing gradually. But that hope and aspiration stumbled for the first slip at the infamous Magura-2 parliamentary by-polls on March 20, 1994. It became a symbol of a rigged election in the era of democracy, which seemed to have been restored after Ershad's autocratic regime came crashing down.
That by-election brought two issues to the fore: that a free and fair election was not possible under a partisan government, and that the Election Commission was not free at all under a political government. The by-polls helped the Awami League-led opposition parties of that time to intensify their campaign for the introduction of a non-partisan, election-time government.
In the face of a strong campaign launched by the opposition, a caretaker government provision was introduced in the constitution and, subsequently, four national elections were held under non-partisan caretaker governments. Those elections were, by and large, free from the controversy of vote-rigging and ballot-stuffing. But the caretaker government system was annulled from the constitution following a court verdict. And we saw a resumption of the old tactics of vote rigging, with polling centres being run over by party cadres, ousting of polling agents, stuffing and snatching of ballot boxes, and intimidation of voters.
Then came the two controversial national elections of 2014 and 2018. While the BNP boycotted the 2014 election, the 2018 election saw 153 ruling-party-aligned candidates elected uncontested amid widespread allegations of irregularities. There were allegations that ballot boxes were stuffed the night before the election, and the opposition camp lost the election even before voting had begun.
In recent times, we have also witnessed voter turnouts gradually declining, which is surely an ominous sign for democracy.
After around three decades, if we look back at that fateful by-election of Magura, we would realise that the situation has not changed much. It happened again at the Gaibandha-5 by-election. The issue of by-elections came into discussion once again when seven BNP lawmakers – the only BNP candidates who had managed to win in 2018 – resigned. After their resignation, the Election Commission announced the election schedule, and the ruling Awami League and the main opposition in parliament, the Jatiya Party, nominated their respective candidates. But the Brahmanbaria-2 by-poll stole the show as a former BNP leader (after having been expelled from his party), Ukil Abdus Sattar, contested the election as an independent candidate.
Sattar had been elected five times from the constituency and had been state minister as a technocrat. His loyalty to the party was unquestionable. Following an order from the party high command, he had resigned from parliament, but made a surprise turn-around as he decided to contest the by-election as an independent candidate, in turn getting himself expelled from the BNP. The belief held in his constituency is that Sattar is contesting the polls for two reasons – first, he was trapped by the government and second, out of fear that he would not get the party ticket for the next election as he is over 83 years old.
Another reason is that BNP leader Rumeen Farhana has a high probability of getting the party nomination in the next election from that constituency. For Sattar, his political future is almost ending. Many in the constituency have also said that it is actually Sattar's son who is trying to "make his future" through this by-election.
This particular by-election attracted further attention when all three ruling Awami League aspirants – it was open to anyone interested to run – withdrew their candidacy following the directions of party high-ups. It turned out to be a cakewalk for Sattar. On AL's part, it was presumably a good gesture to let a senior politician of the opposing camp have a last hurrah, since he is most likely at the twilight of a long and distinguished career. However, it is so rare that this incident is certain to go down in history as a very likely one-off where the ruling party favoured an opposition candidate.
The ruling Awami League has repeatedly said that the next election will be a free, fair, and inclusive one. BNP sent a strong message through the resignation of its lawmakers, saying that it was not making empty threats when saying that the party would not join any elections under the incumbent government. And Awami League appeared to have countered this with a tactic of sending a message to BNP aspirants, saying they might get an open field if they break away and run during the elections. Then, Awami League could claim the elections to be inclusive and also be certain of retaining office.
It is often said that in politics, there is no last word. Through Sattar's participation, the ruling Awami League will try to prove a few things, particularly that BNP's decision to resign from the parliament was wrong, and will send a message to BNP leaders and aspirants that they may have a chance in the next polls if they betray their party and create a few cracks in what has so far remained steadfast determination. It is perhaps BNP's biggest achievement of the last 15 years that the party remained intact, with none of its stalwarts breaking away. But Sattar's election may have an impact.
But one must wonder whether this move was indeed a good strategy for the ruling party. Is politics just a voting game? Should there not be moral or ideological practices in politics? After all, the one thing politicians must keep in mind is that once someone is labelled as a traitor, it hangs around their neck like the fabled albatross.
BNP had to rig the Magura by-polls in 1994 to back their claim that their popularity had not decreased. Three decades later, the AL took on a different strategy and let an independent candidate win to coax out aspirants from BNP's fold. In 1994, although BNP won the polls, it was defeated in politics. The Awami League might console itself with a self-congratulatory chuckle thanks to Sattar's victory. It might almost seem that the Awami League has manipulated a win in the first skirmish. But will such a stratagem or tactic win them the war?
Mohammad Al-Masum Molla is deputy chief reporter at The Daily Star.
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The United Kingdom has urged the Bangladesh authorities for a full, credible and transparent resolution of all complaints related to the conduct of the December 30 general elections.
“While I welcome the participation of all opposition parties in these elections, I am aware of credible accounts of obstacles, including arrests, that constrained or prevented campaigning by opposition parties, and of irregularities in the conduct of elections on polling day that prevented some people from voting,” said British Minister of State for Asia and the Pacific Mark Field.
He came up with the comments in a press statement yesterday following the announcement of the unofficial results for the 11th Parliamentary Elections in Bangladesh.
“I deplore the acts of intimidation and unlawful violence that have taken place during the campaign period, and am deeply concerned by the incidents that led to so many deaths on polling day. My thoughts are with the families and friends of those who have lost loved ones,” the British minister said in the statement.
My statement on #Bangladesh’s general election: https://t.co/RsP0Lz1p4q
— Mark Field MP (@MarkFieldUK) January 1, 2019
Terming free, fair, peaceful, and participatory elections essential to any functioning democracy, Minister Field said, “It is vital for the government and all political parties to now work together to address differences and find a way forward in line with the interests of the people of Bangladesh”.
Mentioning that the UK has a broad and important partnership with Bangladesh, and a significant Bangladeshi diaspora in the UK, Mark Field added, “We will continue to support the people of Bangladesh in their aspirations for a more stable, prosperous, and democratic future”.
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The High Court will deliver its order today on a writ petition that challenged the legality of oath-taking of lawmakers elected in the December 30 national election.
Advocate Md Taherul Islam Tawhid filed the petition on January 14, praying to the HC to issue a rule asking the Election Commission and the government to explain why the oath taking should not be declared illegal.
The lawyer also sought necessary HC orders on the authorities concerned to block the new lawmakers from discharging their functions.
The HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal fixed the date after holding a hearing yesterday.
During the hearing, Taherul's lawyer Barrister AM Mahbub Uddin Khokon argued that the oath-taking violated articles 123(3) and 148(3) of the constitution of Bangladesh.
According to article 123(3)(a), parliamentary election shall be held within 90 days of dissolving the incumbent parliament.
“As the 11th national election was held without dissolving the 10th parliament, the polls have breached the constitution,” Barrister Khokon said.
Moreover, as per article 148(3) if a person is required to make an oath before entering an office, s/he shall be deemed to have entered office immediately after the oath.
Following article 148(3), the new lawmakers shall be deemed to have taken office right after they were sworn in, Khokon added.
However, the 10th national parliament which first sat on January 29, 2014 still exists and will continue till January 28 this year as per Article 72(3) of the constitution, he said, adding, “the oath-taking of the lawmakers is hence unconstitutional”.
On the other hand, Attorney General Mahbubey Alam opposed the writ petition saying that the petitioner lacks locus standi or sufficient interest in the matter in question.
“Advocate Tawhid is neither an elected lawmaker nor a candidate of the December 30 election,” the AG said, adding that there is no legal basis for the court to consider the petition.
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Transparency International Bangladesh (TIB) today demanded judicial probe over the reported violations during the 11th parliamentary election.
The anti-graft watchdog also voiced concern as the election was "questionable and debatable" due to allegations of violations of code of conduct, use of force, and death of 19 people.
In a statement issued today, its Executive Director Dr Iftekharuzzaman said: "The set of violence and multifaceted violations of election code that has raised doubts over the election and its results must be investigated impartially.”
He said: "We demanded that level playing grounds be created for all stakeholders from the beginning. However, news of attacks, repression and lawsuits intended to harass the candidates and their supporters of a contending alliance as reported by the national and international media is an ominous sign for democracy."
"Such harassment allegedly continued even the night before and day of elections. The most worrying fact is that people might lose their confidence on the system of democracy."
He goes on saying: "The way the chief election commissioner tried to shrug off the allegations that the polling agents of an alliance is embarrassing and the concern has deepened whether the commission could effectively carry out its constitutional duty."
“Ensuring justice through a judicial probe of the allegations will be of immense value for the credibility, self-confidence and public trust of a government that is being formed in the wake of an unprecedented outcome of an unprecedented election,” he added.
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International media widely covered yesterday's national election that saw deadly clashes and accusations of vote rigging.
In a news report, the Associated Press said it received more than 50 calls from people across Bangladesh, who identified themselves as opposition supporters.
They complained of intimidation and threats, and being forced to vote in front of ruling party men inside polling booths, it mentioned.
"Hasina's use of the state machinery to subjugate the opposition virtually ensures her electoral victory," Sasha Riser-Kositsky, a South Asia analyst for the New York-based Eurasia Group, told AP.
Minutes before the polls opened, a BBC correspondent saw filled ballot boxes at a polling centre in Chittagong city. The presiding officer declined to comment.
Only the ruling party's polling agents were present there and several other polling centres in the port city.
BBC's South Asia Regional Editor Anbarasan Ethirajan said if the opposition's claims of widespread vote rigging are proved, then it will likely to raise questions over the credibility of the election process and the legitimacy of the new government, according to a BBC report.
The Guardian in its report headlined “Bangladesh opposition reject 'farcical' election and demand new vote”, mentioned that dozens of candidates pulled out, claiming the ruling Awami League rigged the country's first contested election in a decade.
The Election Commission told Reuters that it was investigating allegations of vote rigging coming from across the country.
“Allegations are coming from across the country and those are under investigation,” SM Asaduzzaman, a spokesman for the EC, told the news agency.
The Economic Times of India reported that the voting in a tense election to choose a new government in Bangladesh ended amid allegations of manipulations by ruling party men.
The Times of India highlighted the introduction of EVMs in six parliamentary constituencies for the first time in a general election, a move which received mixed responses from the voters amid reports of glitches at some booths.
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