By Badiul Alam Majumdar
DHAKA, India — Despite considerable challenges, the 10th Parliament elections are finally over. These elections remind us of the old saying “the operation is successful, but the patient is dead.”
The Jan. 5 election, although “successfully” held, could unravel our democratic system. Now only the surgeon’s recognition of his own missteps, and the skills needed to undo them, can save the system.The elections were held because of a constitutional compulsion. According to the 15th Amendment to our Constitution, national elections are required to be held during the last 90 days of the Parliamentary term. Our Constitution mandates democratic governance at this time (Article 11).
Elections are the very first essential step toward a democratic system. However, elections for their own sake do not ensure democratic governance. They must be quality elections — elections where voters have real choice and where the process and outcome are generally acceptable. More specifically, to be acceptable, elections must be free, fair and competitive — that is, genuine. Thus, our constitutional obligation is to create a democratic polity through genuine elections.
International laws and treaties also oblige us to hold genuine elections. For example, according to Article 25 of The International Covenant on Civic and Political Rights, a treaty we signed in 2000, “every citizen shall have the opportunity … to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors.” Similarly, per Article 21 of The Universal Declaration of Human Rights, we are required to hold genuine elections and “the will of the people shall be the basis of the authority of government.” It goes without saying that elections where voters have the opportunity to vote and are free, fair and competitive, can be called genuine and credible elections.
Article 119 of the Bangladesh Constitution empowers the Election Commission to hold parliamentary elections. The Constitution gives the Commission a “reservoir of power” to ensure the quality of these elections. Article 119 even empowers the Commission, according to the Appellate Division of the Bangladesh Supreme Court, to “add to the statutory rules” — an authority normally preserved for the legislature to help ensure free and fair elections. Thus, the Election Commission is obligated not only to hold elections, but also to hold genuine and credible elections.
Unfortunately in the recent election cycle, 52 percent of voters were denied the “free expression of their will,” as 153 people were “elected” as their “representatives” without voters going to the polling booths. In the remaining 147 seats, there were only 390 candidates, which was an even lower number than in the much-maligned February 1996 elections. Among the 41 registered parties, only 12 participated. On election day, voter participation was also very low.
Consequently, the Jan. 5 election did not meet the requirements of a genuine and credible election, and our Election Commission has clearly failed to fulfill its constitutional and international obligations to do so. Thus, the legality of the recent election is not beyond questioning, and it should perhaps be more appropriately looked at as an election held to save face rather than to meet constitutional requirements.
And we are afraid that the election will not have credibility within or outside the country.
The Jan. 5 election was marked by widespread violence. Violence is likely to continue as the opposition BNP called the election illegal and rejected the results. In addition, at the grassroots level, those who voted were targeted by the opposition and those who did not invited the wrath of the ruling party. Unfortunately minorities are the easiest targets — a distressing circumstance that must be addressed at any cost.
Another reason for the continuing violence is the agenda of Jamaat and Shibir. Jamaat-Shibir are opposed to ongoing war crimes trials and they are determined to stop them and free those who were convicted. Thus, they are likely to continue with their violent activities. However, the war crimes trial is a national priority and there is widespread public support for it. If the government now expeditiously settles political disputes surrounding the elections with BNP, Jamaat-Shibir would not be able to get away with their violence because the public would resist them.
Since the will of the people is the basis of the authority of government, the moral authority of the newly elected — elected through a process that was not genuine and credible — will be weak at best. In this situation, the honorable Prime Minister has three options open to her.
First, she can follow the BNP’s footsteps and unilaterally amend the Constitution to include provisions for a revised nature and scope of election-time government. After amending the Constitution, she could dissolve Parliament and immediately hold elections for the 11th Parliament.
Second, she could initiate dialogue with BNP and other stakeholders to come up with a negotiated settlement of all outstanding issues and frame and sign a National Charter. Such a Charter, similar to the “Joint Declaration” of the three-party alliance in 1990, could lead to a sustainable solution to political- and election-related problems we face as a nation. For this to happen, BNP will have to renounce violence and come to the negotiating table.
Third, she could take a hard line, as she appears to have already taken, and use force to stay in power. Such a course is unlikely to be successful, as history shows that no government with its legitimacy in question can stay in power for long by using force.
However, this could make the situation more complicated and unstable, with disastrous consequences for the entire nation. In fact, this could push us into uncharted waters.
I hope our leaders will show courage and wisdom and amicably and immediately settle ongoing disputes. People want and deserve peace and tranquility, and the chance to go on with their lives.
The writer is secretary for Citizens for Good Governance (SHUJAN).
