July Charter implementation: Parties await govt’s decision

Although the government had called for political parties to hold discussions among themselves on how to implement the proposals regarding the constitution contained in the July National Charter, no such dialogue has taken place.

The two major political parties remain firm in their respective positions regarding the timing of the charter’s implementation and the holding of a referendum. There is uncertainty over how successful the government’s final attempt to break this deadlock will be.

The interim government had given the parties seven days to consult among themselves and propose a unified framework for implementing the charter. That deadline expired on Monday. The government will now make its own decision based on the recommendations of the National Consensus Commission. The parties, for their part, are waiting to see what the government decides.

Multiple reliable government sources indicated that the advisers have been discussing the matter among themselves. Chief adviser professor Muhammad Yunus is expected to hold a meeting with several advisers on the issue today, Tuesday.

According to the sources, the government has nearly finalised a draft roadmap for implementation of the Charter. A conclusive decision is expected at Thursday’s regular meeting of the advisory council. The government aims to issue the order to implement the July Charter by 15 November.

Efforts are underway to find a compromise among the demands of various political parties. One option under consideration is to hold the Jatiya Sangsad (national parliament) election and the referendum on the same day, and to form an upper house of parliament through the proportional representation (PR) system.

BNP sources say the party is not attaching much significance to the government’s initiative regarding implementation of the July Charter. The party sees little scope for fresh negotiations on reform proposals—such as forming an upper house through PR—on which it has already expressed opposition. For the BNP, “the chapter is closed”.

The party is now fully focused on the general election scheduled for February, and remains adamant that the referendum must be held on the same day as the election. BNP also objects to issuing an executive order based on the Consensus Commission’s recommendations to implement the July Charter. The party maintains that, if elected, it will pursue constitutional reform according to its own views.

Jamaat-e-Islami, in contrast, wants the government to swiftly issue the order implementing the July Charter. The party insists that the referendum must take place before the national election. Jamaat, along with seven like-minded parties, has called a major rally in Paltan today, Tuesday, to press its five-point demand, which includes holding the referendum first.

Some other parties, including the National Citizen Party (NCP), believe the government must now take a decisive stance. If the government makes the correct decision, they argue, the current uncertainty may be resolved.

The July National Charter was drafted through discussions with 30 political parties and includes 84 reform proposals, of which 48 relate directly to the Constitution. At least 36 of these constitutional proposals remain contested by one party or another.

On 27 October, the National Consensus Commission submitted two alternative implementation pathways to the government. Neither addressed the question of differing positions among parties. Both recommend issuing the “July National Charter (Constitutional Reform) Implementation Order” first, followed by a referendum on the order and the 48 constitutional proposals.

If the referendum results in a “yes” vote, the next parliament would function as a Constitutional Reform Assembly and complete reforms within 270 days.

The alternative recommendation states that if parliament fails to do so, the proposals would automatically be incorporated into the Constitution. The timing of the referendum has been left to the government.

Jamaat-e-Islami and NCP have welcomed the recommendations, but the BNP has sharply objected to the absence of provisions addressing dissent, calling the proposal “deceptive.”

The BNP maintains that the current government has no authority to issue an order implementing the Charter. According to the party, the government may only issue a proclamation acknowledging the Charter and then pass a temporary ordinance enabling the referendum.

The party argues that if the referendum is held on the same day as the general election, separate constitutional powers for the next parliament will not be necessary—implementation would be mandatory.

The BNP is unwavering on two points: differing positions must be recognised as stated in the Charter, and; the referendum must coincide with the general election.

The government hopes that if both events are held on the same day, BNP may accept the PR-based upper house.

However, BNP standing committee member Salahuddin Ahmed said the party has not received any such proposal, and would respond only if one were officially placed.

Jamaat-e-Islami agrees with the way the National Consensus Commission has recommended implementing the July Charter. However, the party remains firm in its demand that a referendum must be held before the national election. Jamaat and seven allied parties have been holding street demonstrations pressing their five-point demand, which includes issuing the implementation order and holding the referendum first.

According to sources, Jamaat-e-Islami insists that the reform proposals formulated by the Consensus Commission must be implemented exactly as they are, without accommodating “notes of dissent” by the political parties.

In particular, the party is unwilling to compromise on several key structural changes—such as forming an upper house through the PR system and adding provisions to the appointments to various constitutional posts.

Speaking at a press conference on Monday, Jamaat-e-Islami’s assistant secretary general Hamidur Rahman Azad said that the “door to dialogue is always open” for resolving the crisis.

The government or political parties may take the initiative, he added. However, there is no scope to alter the July Charter itself. Discussions, he said, should focus on how to ensure its implementation in order to find a path out of the current deadlock.

The NCP has welcomed the Consensus Commission’s recommendations but views the government’s call for further discussions with political parties as a delaying tactic.

The NCP supports implementing the charter exactly as recommended, including proportional representation for the upper house. The party is flexible on the timing of the referendum—whether on election day or before—so long as implementation is guaranteed.

Speaking about this, NCP member secretary Akhter Hossen told Prothom Alo, “The government came to power with a mandate for reform. That is why full implementation of the July Charter is their responsibility. It will have to make bold decisions. If the government takes the correct decision, the political crisis and uncertainty over the election will be resolved.”