EC Formation: Chance of a law slim
The demand for framing a specific law on reconstitution of the Election Commission is growing louder as all nine political parties invited to the president's dialogue so far are of the opinion that a law is required to form a non-controversial EC.
Two parties who have already taken part in the ongoing dialogue with President Abdul Hamid have proposed enacting such a law.
The president is set to sit with almost all political parties registered with the EC. Apart from the two he has already spoken with, the president has so far invited seven other parties to join the dialogue which will continue until December 29.
Speaking to this newspaper, top leaders of the seven parties yesterday said they would suggest the president for enacting a law to constitute EC.
Three out of the seven parties, however, said they would also propose some names for members of a search committee that would recommend names for the chief election commissioner and election commissioners as the chance of framing a law before appointing the next EC is slim.
During their meetings with the president, Jatiya Samajtantrik Dal (JSD) and main opposition in parliament Jatiya Party have proposed enacting a law, as prescribed in the constitution. The two parties separately held talks with the president yesterday and Monday.
The JP also proposed that the president promulgate ordinances regarding the issue if it is not possible for the Jatiya Sangsad to enact such laws before the expiry of the term of the current EC, led by CEC KM Nurul Huda, on February 14 next year.
Hamid is scheduled to hold meetings with Bangladesh National Awami Party and Socialist Party of Bangladesh on December 26, Bangladesh Tarikat Federation and Khelafat Majlish on December 27, Workers Party on December 28, and Bangladesh Nationalist Front and Islami Oikya Jote on December 29.
BNP, a major opposition party, is yet to clarify its position on whether it will join the talks as the party's main demand is restoration of the caretaker government system before the EC reconstitution.
Although the party is yet to get any formal invitation from the Bangabhaban for talks, it will discuss the president's dialogue issue at its standing committee meeting on Saturday.
Even if invited, the BNP may stay away from the dialogue, party sources said.
"The ongoing talks are meaningless. Once a caretaker government is formed, that government will hold talks on Election Commission," said BNP standing committee member Amir Khosru Mahmud Chowdhury.
Syed Nazibul Bashar Maizvandary, chairman of Bangladesh Tarikat Federation, said there is no law on the appointments of a CEC and ECs. "A law is needed to give Election Commission an institutional shape. We will talk in favour of framing a law."
He said incumbent CEC KM Nurul Huda, ECs Rafiqul Islam and Brigadier General (retd) Shahadat Hossain Chowdhury were appointed as per recommendations made by their party.
Anisur Rahman Mallik, a Politburo member of Workers Party of Bangladesh, said their party would stress the need for framing the law during its dialogue with the president.
SM Abul Kalam Azad, president of Bangladesh Nationalist Front National Standing Committee, said: "We will emphasise the importance of framing a law and request President Abdul Hamid to exercise his constitutional power to make enactment of such a law possible."
Khalequzzaman, general secretary of Socialist Party of Bangladesh, said they would decide on joining the dialogue after discussions within the party and with the Left Democratic Alliance.
He said they would urge the president to take steps to enact the EC formation law if they join the talks.
"Enactment of a law is important as the constitution has a provision for it. There is nothing in the constitution about the search committee. So, a law is needed for giving it a legal basis," he said.
Islami Oikya Jote Secretary General Mufti Fayezullah said they would place the matter of framing the law before the president as there should be a permanent solution to the issue. "Forming a faithful, impartial and acceptable EC is needed," he added.
Ismail Hossain, general secretary of Bangladesh National Awami Party, said they would propose enacting a law to put an end to the debate on the constitution of the EC.
Khelafat Majlish Secretary General Ahmad Abdul Quader said enactment of a law would of course be in their agenda for their talks with the president. "Cropping up of a debate ahead of the reformation of the EC should end."
Leaders of Workers Party of Bangladesh, Bangladesh Tarikat Federation and Bangladesh Nationalist Front said their parties would also propose names of acceptable persons for search committee members.
Article 118 (1) of the constitution stipulates that there should be a specific law on appointing a CEC and election commissioners, but successive governments chose not to enact one. Most of the South Asian countries, however, have similar laws in place.
With the next parliamentary election about two years away, framing of a specific law came to the fore against the backdrop of distrust of many opposition parties in the EC.
BNP, Jatiya Party as well as many eminent citizens for the last couple of months have been demanding enactment of the law.
Civil society platform Shushashoner Jonno Nagorik (Shujan) last month handed a draft law titled "Chief Election Commissioner and Election Commissioners' Appointment Act-2021" to Law Minister Anisul Haq to help the government frame the law.
In the draft, Shujan said the president shall form a seven-member search committee to constitute the EC.
The seven members will consist of a retired judge of the Appellate Division of the Supreme Court, an MP nominated by the Leader of Parliament, a lawmaker nominated by the Leader of the Opposition, an MP nominated by the third largest political party in Jatiya Sangsad, comptroller and auditor general (CAG) of Bangladesh, a civil society member and a representative of the media.
The law minister on November 28 told parliament that a bill would be placed in the next or a later session of the current Jatiya Sangsad to enact a law on EC formation.
Earlier, Kazi Rakibuddin Ahmad-led EC had prepared a draft law in 2011 and submitted it to the then Awami League government. But the law was not enacted.
The then presidents in 2012 and 2016 had formed search committees to appoint the CEC and other commissioners following discussions with registered political parties.
Transparency International Bangladesh Executive Director Iftekharuzzaman in a statement on Monday said, "The EC was formed through a search committee following dialogue previously, but it has not yielded the desired positive results. Therefore, a law is immediately needed to appoint a non-partisan, honest and acceptable EC."
'TIMELY AND VITAL'
Thirty-seven eminent citizens yesterday expressed hope that the president would talk to political parties about the steps and political consensus needed to re-establish the practice of democracy, free and fair elections, accountability and equal application of law.
In a statement terming the president's ongoing dialogue with political parties "positive", they said the president should also hold discussions on efforts to make economic development inclusive.
The eminent citizens said the president's initiative to sit with registered political parties is timely and vital in the current context of the country.
They praised the economic progress Bangladesh achieved in some indicators but said there is another side of the coin.
"The country is gradually falling behind in many yardsticks including elections, transparency, equal application of law, freedom of speech, right to assembly, extrajudicial killing, enforced disappearance and repression," the statement said.
Inequality is increasing alarmingly, quality of education and healthcare is decreasing, it said.
"Another major reason for concern is the deterioration of tolerance in our politics," the statement added.
Bangladesh is also backtracking from pledges to make the country democratic and establishing the Liberation War spirit made by the tripartite alliance during the anti-Ershad movement.
They hoped that an acceptable draft of the future Bangladesh will be created through the dialogue. They also expected a consensus among the parties similar to the tripartite outline drafted in 1990.
The signatories to the statement include Professor Emeritus Serajul Islam Choudhury, Barrister M Amir-ul Islam, rights activist Hamida Hossain, former CAG Hafizuddin Khan, retired justice Abdul Matin, former election commissioner Shakhawat Hossain, former Bangladesh Bank governor Saleh Uddin Ahmed, former cabinet secretary Ali Imam Majumder, and Manusher Jonno Foundation Executive Director Shaheen Anam.
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