No alternative to talks
While addres-sing a public meeting at Gazipur on October 16, Prime Minister Sheikh Hasina said that the caretaker government (CTG) might not help BNP come to power even if the system is reintroduced. This is apparently a departure from her earlier statement on October 1 when she ruled out the possibility of holding the next general election under a CTG. On October 18, Awami League (AL) acting General Secretary Mahbubul Alam Hanif urged opposition leader and BNP Chairperson Khaleda Zia to join the parliament with new formula or proposal to ensure participation of all political parties in the next general election. Speaker Abdul Hamid recently stressed on the need for talks between the government and the opposition on the CTG, adding that the talks might first be held outside the parliament. If the government and the opposition can reach an understanding on CTG, then it can be formalised in the house.
According to some political analysts, all these statements suggest that the government's stand on holding the next general election under the AL-led grand alliance government is not rigid. As for the opposition leader's demand for constituting a neutral Election Commission (EC), the PM has already said that the EC will be reconstituted through discussions with all stakeholders, including BNP, to ensure free and fair elections. The government genuinely wants dialogue with the opposition to find solutions to these issues.
The crux of the problem is that the government and the opposition hold opposite views on the CTG system. The government opposes reintroduction of the system on the plea that it was scrapped through the 15th Amendment to the Constitution in line with a Supreme Court verdict. The BNP-led opposition insists on reinstatement of the CTG system brought by the 13th Amendment to the Constitution in 1996, arguing that that the apex court allowed two more general elections under that CTG system and it was necessary for holding free and fair elections.
The 13th Amendment to the Constitution centred on appointment of a retired chief justice (CJ) or a retired judge of the Appellate Division of the Supreme Court as the chief adviser to the CTG. It provided for appointment of an immediate past CJ as the chief adviser to the CTG. If such a retired CJ is not available, then the person, who among the willing retired CJs retired last before the immediate past CJ, is appointed as the chief adviser. And if no retired CJ is available or willing to hold the office of the chief adviser, the president shall appoint the last retired judge of Appellate Division as the chief adviser to the CTG.
Experience showed that the constitutional provision for appointment of a retired CJ as the chief adviser to the CTG made the higher judiciary controversial. The provision was criticised by the jurists, civil society leaders and academics. They termed the offering of the chief adviser's post to a retired CJ as dangling of a carrot in front of a sitting CJ or would be CJ, through which they are made loyal to the executive branch of the state.
Even before the scrapping of the CTG system by the apex court, there was almost a national consensus that the provision for appointment of a retired CJ as chief adviser should be done away with. The opposition has to keep this in mind when asking for reinstatement of the entire CTG system introduced by the 13th Amendment to the Constitution.
The government wants a proposal from the opposition about formation of the interim government that will oversee holding of general elections. But the opposition insists on reinstatement of the CTG system that was abolished by the 15th Amendment. What is actually needed is a short-term government to oversee and ensure the holding of free and fair general elections. It should not matter whether that government is known as interim government or caretaker government.
Some people argue that we have a poor record of success of talks between the government and the opposition on crucial political issues, and they are sceptical about success of talks between the ruling AL and the opposition BNP over the present impasse. They refer to the failure of the 1994 dialogue between the BNP government and the opposition AL mediated by Sir Ninian Martin Stephen on the question of introducing CTG system, strengthening the EC and some other issues. They also refer to the failure of the 2006 dialogue between BNP Secretary General Abdul Mannan Bhuiyan and AL Secretary General Abdul Jalil on the question of appointment of the immediate past CJ K.M. Hasan as the chief adviser to the CTG and some other issues.
Yes, we have failures. But we have a success story too. An understanding between the BNP government and the opposition AL-led to reintroduction of parliamentary system of democracy through the 12th Amendment to the Constitution in 1991.
Since the government has already accepted the opposition leader's demand for reconstituting the EC through discussions with the opposition and other stakeholders, BNP should not have any problem to sit with the government to discuss the matter.
If the ruling AL and the opposition BNP come with open minds and put national interest above their narrow individual and party interests, then reaching an agreement through dialogue will not be a difficult task.
As suggested by the speaker, the talks between the government and the opposition may first be held outside the parliament. The ruling AL must keep in mind that the onus for making the dialogue successful primarily lies with them. The people will not forgive AL if they lead the country to chaos and confusion and put the hard-earned democracy again at stake. Heaven will not fall if a caretaker type of government is introduced by bringing an amendment to the Constitution.
BNP should also give up the idea of pulling down the popularly elected government. Such an idea was proved wrong in the recent past. The opposition AL failed to pull down the BNP government through sustained movement in 1994-1995. The BNP also could not unseat the immediate past government of AL through strikes and street agitations.
Let good sense prevail upon both the ruling AL and the opposition BNP to reach an understanding for overcoming the deadlock. This can be possible only through sustained talks between the government and the opposition in a cordial atmosphere both inside and outside the parliament.
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