Jamaat charter still anti-constitutional

Some provisions in the revised constitution of Jamaat-e-Islami still run counter to those in the republic's, finds the expert committee assigned by the Election Commission (EC) to examine the applications for registration.
One section disregards the fundamental feature of the country's constitution in that it does not accept the plenary powers of parliament to make laws. Another calls for concerted efforts to establish 'just rule of Islam', said sources close to the committee.
Talking to The Daily Star yesterday, Jamaat's Secretary General Ali Ahsan Mohammad Mojahid however claimed that in no way does his party's constitution contradict the country's.
According to the criteria laid down in the revised Representation of the People Order (RPO), a political party shall not be qualified for registration if the objectives in its constitution are at variance with those in the constitution of the People's Republic of Bangladesh.
BNP's revised charter too has been found to have sidestepped RPO stipulations, added the sources.
According to a criterion, a party seeking registration must have a provision disavowing associate organisations made up of students, workers and other professionals.
BNP has scrapped the provision for front organisations, but has had one that says students and workers can form organisations on their own, and the party will consider those its associated bodies.
Ending speculations, BNP and Jamaat, partners in the four-party coalition, applied for registration Monday.
In the last two days, the expert committee scrutinised the revised constitutions and other documents attached to their applications.
They have decided to ask the parties to correct their charters so those keep to the registration laws.
The EC will step in if the committee fails to make the parties conform to the registration requirements, said sources.
Meanwhile, the committee has yet to accept Awami League's (AL) provisional constitution turned in on October 15, since it still provides for associate organisations consisting of students and workers.
The commission's experts already met an AL delegation Thursday and asked them to correct the relevant provision.
As the party has yet to respond, the EC now plans to issue a letter directing it to get rid of the provision contradicting the RPO condition, sources in the EC said.
Meanwhile, HM Ershad-led Jatiya Party (JP) that also applied for registration on October 15 has corrected a provision following the EC committee's objection to that.
In response, the EC has asked its officials to provide the party with a registration certificate, said sources at the EC Secretariat.
As per the provision in question, the JP parliamentary board was allowed to pick parliamentary candidates all by itself, whereas the RPO says that for registration with the EC an organisation must have a provision for its contestants to be chosen from panels selected by the grassroots.
The expert's committee will ask the district- and upazila-level election officials to check authenticity of the information provided by the parties on their offices and committees at the grassroots level.
Besides, the EC has already sought from the home ministry a list of banned outfits.
JAMAAT CHARTER VS CONSTITUTION
For amendments to the RPO, Jamaat was forced to bring some major changes in its constitution to get registered with the EC.
But its revised constitution still has a number of provisions that clash with those in the country's constitution, the supreme law of the land.
The EC committee finds section 5(3) of Jamaat's charter to be in conflict with the country's constitution, EC sources said.
The section urges organised efforts to end all types of repression, exploitation, corruption and injustice by establishing 'just rule of Islam and of honest people'.
On the other hand, the preamble to the country's constitution reads: "…. it shall be a fundamental aim of the state to realise through the democratic process a socialist society, free from exploitation--a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens."
The EC committee also found that section 2 (5) of Jamaat's charter undermines the plenary lawmaking powers bestowed on parliament by the country's constitution.
It says people must not accept anyone except Allah as law-making authority.
The committee also opined that sections 6 (4) and 3 (1) of Jamaat's charter seek to chip away at the supreme authority of the country's constitution.
The sections encourage efforts to bring about necessary changes to the state system to ensure complete observance of Islam, and to safeguard the country's independence and sovereignty through revival of Islamic values and national unity.
Mojahid said interpreting the sections as against the constitution is akin to depriving one of his right to freedom of religion.