Lack of coordination between EC and govt threatens July uprising mandate: TIB

The mandate of the July uprising is under threat due to lack of coordination between the Election Commission and the government, legal ambiguities and political pressure, Transparency International Bangladesh (TIB) said.

Presenting a report titled Referendum and pre-election situation: TIB observations at a press conference at the organisation’s Dhanmondi office on Sunday, February 8, TIB executive director Dr Iftekharuzzaman said these weaknesses are obstructing the implementation of the public demand for state reform that emerged through the July uprising.

He said imprudent decisions, vague legal interpretations and institutional capacity gaps in organising a historically significant referendum are creating public confusion and raising questions about the credibility of the entire process.

Dr Iftekharuzzaman alleged that the Election Commission is showing visible weakness in effectively exercising its constitutional duties and authority. Under pressure from political parties, the commission has often failed to take a firm stance. Despite widespread violations of the code of conduct and irregularities both online and offline, the EC has been unable to take effective action.

He also said sections of the administration and law enforcement agencies are playing an inactive role in ensuring a neutral and influence-free environment. Incidents of harassment and threats against field-level data collectors were described as worrying.

Online disinformation and role of technology companies
The TIB executive director said controlling disinformation, hate speech and personal attacks on digital platforms has become a major challenge for the EC. According to him, global technology companies such as Google and Meta are not playing an effective role in removing content that violates their own policies.

He said business interests or “money dependency” are playing a significant role for these companies. Due to the lack of sufficient and institutional communication with the Election Commission, necessary lessons for future electoral processes are not being learned.

Government hesitation and legal complexities over the referendum
Dr Iftekharuzzaman expressed deep concern over the government’s role regarding the referendum. He said the government has remained indecisive from the outset due to opposing positions of influential political parties. Attempts to appease both sides through an ordinance have further obscured the referendum’s question and objective.

He said holding the election and referendum on the same day has unnecessarily complicated the issue. He identified a major legal deviation in the EC treating the referendum as synonymous with an “election”, despite the Representation of the People Order clearly stating that a referendum is not an election, as no vote is cast in favour of any individual or seat.

He added that although government employees legally come under the Election Commission after the election schedule is announced, the government has issued directives for them to campaign in favour of the referendum, creating controversy. He said EC consent should have been taken before such decisions.

Dr Iftekharuzzaman alleged that the EC has effectively remained inactive by relying on incorrect legal interpretations. He also raised serious questions over imposing decisions on banks and NGOs, as well as transparency in funding and expenditure for conducting the referendum.

TIB proposals on the July charter and state reform
He said the referendum should be based on the July Charter emerging from the uprising and that this historic opportunity must be used to implement fundamental constitutional reforms.

TIB proposed several key reforms, including amending Article 20, subsection 2 of the constitution to criminalise abuse of power, granting constitutional status to the Anti-Corruption Commission, increasing women’s representation in parliament to 100 seats and ensuring at least 33 percent nomination of women candidates.

He also called for amending Article 70 to allow MPs to vote against their party on all matters except money bills and no-confidence motions, and for appointing opposition members as deputy speaker and chairs of key parliamentary committees.

Dr Iftekharuzzaman said there is no alternative to ensuring full independence of the judiciary and all state institutions to establish accountable democracy and good governance in line with the spirit of the July uprising. He urged citizens to say a clear “no” to corruption and a firm “yes” to state reform based on the July Charter.