Stop deaths, destructions: Amend the Constitution

Dr. M. S. Haq
The cost and the accumulated cost of creation of initial conditions for ‘free, fair, credible and all inclusive elections’ in Bangladesh have been on the rise against the backdrop of things such as hartals. Developments – such as and as appropriate: Bangladeshis who were alive yesterday are now dead (for example, seven reported deaths on 26 November 2013); public and private properties (whether insured or otherwise) that were functional yesterday are now products of destruction or disablement; life, living and other things of the people that were trying to gain the required speed are now slowed down or affected otherwise with ramifications in the form of say rise of ordinary people’s inability to afford and lead their usual life and sense of insecurity among Bangladeshis and others concerned, to mention a few – are among  present day realities of a hartal or similar day in Bangladesh all, contributing to above costs. It is at present uncertain as to how, at what rate and in which form the cost could be recovered by Bangladesh to for example the advantage of the country and its people.Let me put it in this way. While it could be argued that stimulation of our skin by ultra violet rays of the sun leads to production of precursors of Vitamin D that subsequently become mature Vitamin D in the liver and the kidney, causing calcium and phosphorus to be absorbed in the intestine (examples of benefits of ultraviolet rays – as proper though) and that skin cancer could develop from excessive exposures to ultra violet rays of the sun – it will at present be difficult to predict with a 100 percent accuracy as to costs and benefits of present day hartals and similar things over short, medium, long and other terms when it comes to welfare of Bangladesh and its people in pertinent areas.
Despites deaths + losses + other things so far and consequent rises in maintenance costs of Bangladesh, it is pity to note – political parties of Bangladesh in particular AL and BNP have not yet been able to settle their differences that are pertaining to, connected with and incidental to, causes, effects and causalities of modus operandi in favor of free, fair, credible and inclusive elections in the country. One of the concerns here is: outcomes from present day situations especially, those surrounding upcoming elections in Bangladesh could for example increase the country’s vulnerabilities to internal instabilities and external fitness in a progressively interdependent and ever competitive world. The bottom line is: stop henceforth the politics of killing and destruction in Bangladesh, amend the constitution for changes for better.
Here are a few suggestions – not in the order of priority and importance but they are relative to time, space and other variables.
I.Political parties, in particular BNP and AL, should negotiate, agree, sign and implement a political contract reflecting on inter alia modus operandi for resolution of the election related disputes on an urgent basis and in the greater national interest – in overall pursuits of free, fair, credible and inclusive elections in the country. Further, the contract should inter alia provide for follow-up actions in connection with possible incorporation of the contract – fully or in part or otherwise, as appropriate – in the Constitution at a later date.
II. Efforts towards the contract leading to its successful conclusion could be led by AL and BNP with or without (or both) help and support of other political parties or by the country’s president and his good offices or with or without (or both) help and support of the president and his good offices – all, in the present or absence (or both) of help and support of friends of Bangladesh including the US, the UN. In that respect, collective and purposeful efforts of civil society, the media (print, electronic) and others concerned would be critical to popular and constructive participation of people of Bangladesh in   ensuring free, fair, credible and all inclusive elections in the country.
III. The country’s Constitution should be amended for meeting certain existing and evolving requirements. For example, the Constitution should allow the present government to finish its term in full with full statuses, as well as capacities; the parliament should – within 45 days prior to the expiry of present term of the government – be able to decide on election time government on the basis of consensus of political parties represented in the parliament in pursuits of free, fair, credible and inclusive elections in the country; the parliament should be dissolved within 20 days prior to the expiry of present term of the government; the term of the country’s president should made at par with the present term of government (for example, to protect the president proactively from say possible partisan side effects during the term of new government, as appropriate though, in the greater national interest); and the speaker should resume the charge of the country’s presidency and act as the president upon the expiry of term of the president.
IV. The speaker turned president should ensure inter alia a smooth transfer of power to the new government, take up then her/his previous position of speaker, and relinquish the position following the operationalization of new speaker in the parliament. The election time government should not normally exceed 90 days.  The last word: let us work towards that. God bless.
(The author is inter alia former Government Advisor, Office of the Prime Minister – Fiji, Suva, South Pacific)