Present Political Crisis: Suggestions of the Dhaka Forum

During the exchange of views and analysis of the prevailing political situation it appeared that the non-inclusive and non-participatory elections of Jan 05, 2014 and the government posture of serving a full five year term before holding another general election lay at the heart of the political confrontation. This position was a significant departure from the Awami League earlier pre-election stand that holding of election on January 05, 2014 was only a constitutional obligation and that a quick general election would follow with all parties participation. Another very significant factor was the inexplicable denial of legitimate political dissent or activity to significant players on the political scene in what is supposed to be a democracy. The violence and acts of arson resulting in scores of death and destruction of property, which in itself is extremely tragic and regrettable, demonstrate the political opposition inability to articulate pragmatic and practical alternatives to force the government to come for a political solution of the problem. The oft-repeated conflicting and inflammatory statements of cabinet ministers, political leaders and their respective High Commands do not lend to the creation of conducive political atmosphere for peace and security in national life. According to political analysts a mid-term or interim election is necessary. What is commonly apprehended is that it may be a repeat of Jan 2014 as the party in power is unlikely to preside over its possible parting with power voluntarily by offering an inclusive election.

In order to surmount the political impasse by holding a general election free of controversy certain steps need to be taken in order to make it credible and acceptable to the stakeholders.

TDF Views:

Events of the last few weeks have alarmed the law abiding, peaceful citizens of the country who expect their political leaders to have a vision that is inclusive of every citizen of this nation irrespective of political belief, religion or creed. In fulfilling this onerous responsibility the incumbent party as well as the opposition camp have to realize the ramifications of the ongoing stalemate and step up their proactive roles. .As the horrors of brutality and arson have hurt the conscience of nation to a high degree, it is imperative that a solution to the impasse is agreed upon. Although dialogue among the political stakeholders is the conventional way out of this impasse, it is a fact that sometimes attaining meaningful democracy requires action beyond the scope of constitutional technicalities and legal wrangling. Peoples will and aspirations lie at the heart of nationhood. Bangladesh War of Liberation was fought defying the constitutionality of the state of Pakistan and to uphold for fundamental democratic right to choose ones representative through free, fair elections and that is now in peril. Similarly in 1990 bringing an end to the autocratic rule in Bangladesh was made possible by bending the provisions of constitution recognizing the supremacy of peoples aspiration.

Since over the table discussions between the two major political alliances appears unattainable in view of the apparent mistrust and ill feeling existing between them, a mediating force has to emerge with a formula/ package that would bring an end to the impasse and one which both the camps will agree to abide. In the existing situation role of the President of the Republic seems to be an alternative path to resolution of the impasse. His constitutional limitations will have to be surmounted in view of the peril in which the nation has been pushed into. Individual ego and partisan attitude must give way to the greater national interest in developing a framework by which democracy, rule of law and peace is restored in national life. In order to achieve these, the good offices of the UN should also be seriously considered.

Immediate Actions Suggested:

1. All political stakeholders will unequivocally condemn the arson, killing, shooting without trial and the petrol-bomb incidents that has claimed so many innocent lives.

2. Simultaneously the government will ensure that there will be no extra-judicial killings by law enforcing agencies. The government will also declare its willingness to honour its pledges to hold a fair and inclusive election within a declared time frame and undertake to release all political detainees in order to create the necessary congenial atmosphere.

3. The opposition will withdraw calls of oborodh and hartals with immediate effect.

4. Whichever of the alliances wins the election must pledge not to seek retribution.

Operational Modalities:

1. All political stakeholders will pledge not to encourage or harbor terrorist acts.

2. A reconstituted, independent Election Commission appointed on the basis of consensus of all major political stakeholders for the period leading up to and conclusion of national parliamentary elections could take office well ahead of the accepted election date.

3. This EC could then be invested with full powers to have necessary control over key ministries like, Home, L G R D, Finance, Defense, Foreign Affairs and Establishment for the period leading up to and conclusion of national parliamentary elections. During this period all decisions of the EC would be binding on the executive organs of the state to implement its decisions. In effect the EC will exercise its power as if it is the interim government in line with guidelines set forth in the Indian Supreme Court ruling on empowerment of EC to conduct credible, free and fair elections.

4. The EC would undertake extensive repositioning of field posts such as the OCs; UNOs; SPs and DCs to preempt election engineering as there are serious allegations of ostensible politicization of the bureaucracy. Such action would apply in particular to all law enforcing agencies whose top brasses have been of late publicly talking and acting like political activists rather than as servants of the republic.

In order to operationalise the suggestions and modalities mentioned in the foregoing, constitutional amendments may be considered, if necessary.