Unstable situation to hinder fair election

Dr. Badiul Alam Majumdar is the head of the Electoral Reform Commission. He is an economist, development worker, political analyst, local government, and election expert. On November 29, he talked to Views Bangladesh to discuss the election system reform, the new Election Commission, and the framework for elections. The interview was conducted by Views Bangladesh editor Rased Mehedi. The first part of the two-part interview is published today

Views Bangladesh: We know that you are currently the head of the Electoral Reform Commission. Can you tell us how the reform process is progressing and how far it has come?

Badiul Alam Majumdar: Initially, we have reviewed the laws, regulations, and guidelines in detail. We have read them line by line. Through this, we have identified several important issues. We have held discussions with stakeholders and tried to gather their opinions and recommendations. We are doing this in various ways. Some people have come to us personally and submitted their reform proposals. Political parties are also providing their input. Simultaneously, we are organizing consultation meetings with various stakeholders. We have also developed a website, and we have an email address. We are using Facebook as well to gather opinions from people. We are trying to collect their feedback and suggestions in various ways. They have many demands, and we are trying to understand those as well. Based on their feedback, we will present our recommendations to the government.

Views Bangladesh: One important issue in this reform is the law that the previous government enacted for the appointment of the Election Commission. There was controversy around that law, which came from legal experts, specialists, and from you as well. Now, as you are in the process of reform, how acceptable do you find that law? Surely, you have reviewed it.

Badiul Alam Majumdar: Before the formation of the Awal Commission in 2022, on behalf of Shujan, we had drafted a law for the appointment of the Election Commission. We must remember that Article 118 of our Constitution mentions that the Election Commission will be appointed through a law. However, since 1972, until 2022, no such law had been enacted in our country. In 2022, we prepared a draft law and submitted it to the then Law Minister. He then said that it was not the right time to pass the law, but later on, a public opinion was created in favor of this law. Subsequently, the then government hurriedly passed a law. In fact, the same gazette notification that had been used for the appointment of the Election Commission before was passed as an act in the National Parliament. As a result, this law was, in no way, acceptable. However, the then Awami League government used this law to form an inquiry committee, and based on the recommendations of the inquiry committee, the Election Commission was appointed.

This law is certainly flawed. However, if, with this flawed law, an inquiry committee can be formed to identify the right individuals, then the suitable people can be appointed as Election Commissioners. That is exactly what happened. Even though an inquiry committee was formed under the flawed law, from what I have seen, those who were selected for the inquiry committee are respected and non-partisan individuals. Those who were recommended by them, and who were appointed as Election Commissioners, although I do not personally know them, I hope they are the right people for the job.

Views Bangladesh: Are you saying that the current Election Commission, formed based on the existing law and the recommendations of the inquiry committee, can be considered acceptable?

Badiul Alam Majumdar: The identity of a tree is known by its fruit. We hope that the individuals who have been selected to form the Election Commission are non-partisan. From what I have heard, I don’t personally know anyone, but they are non-partisan. Based on what we have heard, I hope that under their guidance, a free and fair election will be held.

Views Bangladesh: The Electoral Reform Commission has a deadline to submit its report to the government by December 31. Are you hopeful that you will be able to submit the report within this timeframe?

Badiul Alam Majumdar: We are hopeful that we will be able to meet the deadline. We are moving forward with that goal in mind. We are fairly confident that we will be able to present our recommendations within this time.

Views Bangladesh: While you are working on the reform commission, an important question has arisen. You will make recommendations, but currently, there is no parliament to pass those recommendations into law. You are only making recommendations. Afterward, the next government that is elected, how likely is it that they will adopt these recommendations? In the past, similar recommendations were made, but the elected government did not implement them.

Badiul Alam Majumdar: We hope that after we make our recommendations, the interim government will sit down with political parties and try to reach a consensus on certain matters. Some of the recommendations we make can be implemented by the interim government, and some can be implemented by the Election Commission. For those that cannot be immediately implemented, especially if there are proposals for constitutional amendments, I hope that the political parties in power will implement them.

Our experience in this regard is not very heartening. Most of the commitments made by political parties in the past have not been implemented. One example is the election manifesto declared by the Awami League before the 2008 elections, titled "The Charter of Change." They promised to change everything, bring reforms in our political culture, eradicate corruption and criminalization, decentralize power, and end partisanship in law enforcement agencies. They promised to change everything and bring about a new era, but unfortunately, none of that was implemented.

I hope that, considering the tragic events that took place in July-August, the loss of life, and the injuries sustained by many, our political parties will change their perspective. They will analyze the situation anew. The issues that need change and the recommendations we make, I hope that they will be implemented by the elected government in the future based on consensus.

Views Bangladesh: The recommendations you will provide will be within the framework of the current constitution. But you mentioned that constitutional amendments might be necessary. If those amendments happen and later there are conflicts, how do you foresee handling such situations?

Badiul Alam Majumdar: Some reforms cannot be implemented by the interim government. Only the parliament can amend the constitution. If the parliament choses, constitutional amendments can happen; otherwise, they won't. Constitutional amendments depend entirely on the political parties in power, those who come to power. The reforms made by the interim government or the Election Commission also depend on the elected government. The elected government's decisions will be final. If they want change, it will happen; if they do not, the change will not happen. So, if conflicts arise after constitutional amendments, it will depend on the political consensus and will of the elected government, as they will have the authority to resolve such issues.

Views Bangladesh: A precondition for a fair election is a stable environment. Without stability, a fair election cannot take place. Since the July uprising, we have seen a changed political situation, with various forms of chaos and disorder, and it seems that this is not ending. If this environment continues, how possible will it be to conduct a fair election?

Badiul Alam Majumdar: Undoubtedly, an unstable environment is not conducive to conducting a fair election. To create the stable environment needed for a fair election, everyone has a responsibility. Political parties have a responsibility, and citizens also have a responsibility. If we all play our roles responsibly, the environment will be created. For the sake of maintaining our democratic system, I hope we all act responsibly.

(To be continue)