Parties turn attention to implementation recommendations

Although there is consensus on holding a referendum to implement the July charter, political differences remain on three main issues: the charter’s legal basis, the timing of the referendum, and the implementation of proposals with differing opinions.

Now, the parties are looking at the commission’s recommendations on implementing the charter. The National Consensus Commission wants to provide the interim government with precise and comprehensive recommendations for implementing the charter within this week.

Sources associated with the Commission say that based on its experience of long formal and informal discussions with political parties, the commission believes that whatever recommendations it makes on implementing the charter, some parties or groups are likely to be dissatisfied.

However, the commission will continue informal discussions with the parties until the recommendations are finalised. Commission sources also believe that, in the end, the government will have to play a strong role in implementing the charter.

The July National Charter, prepared with 84 reform proposals, was signed last Friday by 24 parties and alliances. The NCP has yet to sign as the charter’s legal basis has not been determined. In addition, four other left-leaning parties have also not signed.

The commission is moving towards recommending the implementation of the July charter by issuing a special order to provide it with a legal basis, holding a referendum, and giving the next national parliament a dual role as the constitution reform council and the national parliament.

Members of a committee of experts, consisting of retired judges, university professors, and lawyers, are preparing a draft to determine the basis of the special order and what it will contain.

Sources at the Consensus Commission say the commission is preparing to submit its recommendations on implementing the charter to the government by 24 October. The commission’s term runs until 31 October. The Commission hopes that the government will issue the July Charter Implementation Order within this period. To allow the government at least a week for this, the Commission will submit its recommendations accordingly.

Determining the method for implementing the charter was not within the National Consensus Commission’s original scope. Following the demands of several political parties, after 31 July the Commission held formal and informal discussions with the parties and experts on the implementation process.

These discussions concluded on 9 October. The parties reached consensus on implementing the charter through a referendum, but differences remain on its basis, timing, and procedure. It is still unclear whether all parties will accept the commission’s final recommendations.

Salahuddin Ahmed, a member of BNP’s standing committee, believes it would be inappropriate to comment on this matter before the Consensus Commission’s recommendations.

He told Prothom Alo on Monday, “The Consensus Commission has met with the expert committee. They will compile the statements, proposals, and advice of the political parties and provide a comprehensive recommendation. It may include alternative proposals as well. If we are to respond, that will be considered afterwards. It is not appropriate to say anything before the recommendations are submitted.”

Meanwhile, Jamaat-e-Islami and seven like-minded parties have launched a programme demanding five points, including parliamentary elections under the proportional representation (PR) system and a November referendum to give the July charter a legal basis.

They are awaiting the Consensus Commission’s recommendations on implementing the charter. It has been learned through discussions that if the implementation method of the July charter is not satisfactory, the parties have a decision in principle to intensify their movement programme.

Hamidur Rahman Azad, assistant secretary general of Jamaat-e-Islami, told Prothom Alo, “We have said the referendum should come first and have explained the reasoning. In the past, there is a precedent of holding a referendum within 17 to 21 days. So there is enough time and opportunity to hold a referendum, and the Election Commission is prepared. The question arises: those who want the referendum and parliamentary elections together, do they really want the reforms to be implemented?”

The National Citizen Party (NCP) has still not signed the July National Charter. However, the party will not withdraw from formal or informal discussions with the Consensus Commission. Whether they will ultimately sign the charter depends on the recommendations regarding its implementation.

Ariful Islam Adib, senior joint convener of the NCP, told Prothom Alo, “The process for implementing the July charter will become clear after the Consensus Commission submits its recommendations on the charter implementation order. The Commission’s term has also been extended. In the meantime, we will take part in some formal and informal discussions. Based on the situation, we will decide whether or not to sign.”

CPB, BASAD, BASAD (Marxist) and Bangladesh Jasad have not signed the July charter. On Monday, a memorandum was submitted to the National Consensus Commission on behalf of these four parties. It stated that they cannot sign any charter that includes a commitment on matters such as approving changes to the schedule of transitional provisions in Article 150(2) and the four fundamental state principles in the Constitution, or restricting judicial review, and mentions the formation of an interim government under Article 106, while expressing disagreement on these points.

Sources say that, according to the preliminary draft, the order may be called the “July National Charter Implementation (Constitution) Order.” It will complement the Constitution and other laws. The basis of this order will be popular uprising — that is, it will be issued in special circumstances on the authority of popular uprising. The annex of the order will include the July National Charter, which will be subject to a referendum.

Sources say the method for implementing proposals with differing opinions has not yet been finalised in the charter. At a meeting with the Commission last Sunday, some experts noted that if proposals with differing opinions are not implemented according to the Commission’s recommendations, no significant change will occur through the reforms.

Sources also say the implementation of differing proposals is being considered for inclusion in the order, though how this will be done has not yet been decided. Questions for the referendum could include whether the July charter implementation order and the charter itself are supported, and whether proposals with differing opinions should be implemented. Alternatively, votes could be held on a few key issues in the upper house, such as proportional representation, appointments in the Constitution and constitutional institutions, and the caretaker government system.

Professor Ali Riaz, co-vice-chair of the National Consensus Commission, told Prothom Alo on Monday that the Commission will prepare its recommendations for implementing the charter based on opinions gathered through formal and informal discussions with political parties. In doing so, the Commission will ensure that the government can take precise and effective steps for implementation.