Implementation mechanism left out of July national charter draft

The National Consensus Commission is preparing to finalise the draft of the July National Charter within this week. However, the document will not specify how the proposed reforms should be implemented.

Instead, the commission will separately submit recommendations on mechanisms of implementation to the interim government, based on the views of political parties and experts.

So far, political parties have been consulted twice on preliminary and consolidated drafts of the July Charter. No further feedback will be sought on the final draft. The commission will finalise the document and circulate it to parties with a call for endorsement. Whether they sign or not will be up to the parties, according to sources within the commission and political circles.

Through two rounds of discussions with political parties, based on proposals from six reform commissions, consensus was reached on 84 points, which form the basis of the July Charter. Although the aim was to finalise the charter in July, disagreements over the implementation mechanism and accompanying pledges delayed the process.

According to sources, the commission has been holding informal discussions with parties to gauge their views on implementation. On Monday, it met with 17 parties, and the previous day with eight others. Earlier, informal talks were also held with the Bangladesh Nationalist Party (BNP), Bangladesh Jamaat-e-Islami, and the National Citizen Party (NCP).

Differences remain sharp. The BNP favours implementing constitutional reforms through the next parliament. Jamaat demands a referendum or presidential proclamation. The NCP has called for a constituent assembly to draft the constitution.

Commission sources note that including an implementation mechanism in the charter risks some parties to be restrained from signing it. Moreover, the commission’s mandate does not explicitly cover determining implementation procedures.

The government notification establishing the commission tasked it with engaging parties and political forces to build consensus on reforms recommended by six commissions ahead of the next election, and to recommend necessary steps accordingly.

The commission’s second round of discussions with parties concluded on 31 July, when Jamaat and the NCP pressed for decisions on implementation. At that meeting, BNP questioned whether the commission even had the authority to determine such procedures, though it signaled willingness to discuss them if raised.

In light of this, the commission now intends to provide the government with a set of recommendations on possible implementation mechanisms, shaped by party views and expert opinion. The commission also plans consultations with the interim government before finalising these proposals. Parties were informed of this approach during informal meetings on Monday.

On Monday, the commission met at the LD Hall of the National Parliament with 17 parties, including the CPB, BSD, Bangladesh Jasad, Khelafat Majlis, Gonoforum, NDM, and Bangladesh Jatiya Dal. Parties put forward varied suggestions for implementation, ranging from referendum and presidential proclamation to a constituent assembly or the next parliament.

Most agreed, however, that reforms which can be enacted immediately should be implemented by the interim government through ordinances. The commission has requested written opinions from the parties on this.

Khelafat Majlis Secretary General Ahmad Abdul Kader told Prothom Alo that his party proposed implementation through referendum or presidential proclamation, though given time constraints, a proclamation would be preferable. He added that any ordinances issued should be ratified at the first session of the next parliament.

According to sources, the commission informed parties on Monday that it had reviewed their feedback on the consolidated draft of the July Charter. As far as possible, their views will be reflected in the revised version. The final draft will be completed within the next two days and circulated to parties, who will then be asked whether or not they wish to sign it. The commission hopes all parties will endorse the charter.

Some parties, however, have argued that only issues receiving full consensus should be included. CPB General Secretary Ruhin Hossain Prince told Prothom Alo that if the charter includes matters where divisions remain, his party may not be able to sign.

On 29 July, the commission circulated a preliminary draft of the charter to 30 parties. After receiving their feedback, a consolidated draft was sent to 16 parties on 16 August. Twenty-nine parties provided written opinions. The final draft will be based on these views.

According to sources, the final draft of the charter is being prepared on the basis of party feedback. It will retain three sections: background, the proposals on which consensus and decisions were reached, and the pledge of implementation. At one stage there was consideration of including the implementation mechanism as well, had consensus been reached on it.

Some changes are expected in the pledge section. In particular, language in the consolidated draft that placed the charter above the constitution and barred judicial review may be modified.

National Consensus Commission Vice-Chairman Professor Ali Riaz told Prothom Alo yesterday that the commission expects to send the final draft of the July Charter to parties by Thursday. The implementation mechanism will not be part of the document. Instead, parties have been asked to submit written opinions. These, along with expert views, will be synthesised into a set of recommendations on implementation to be discussed formally with the political parties and then submitted to the interim government.