National Consensus Commission in meeting with political parties at the Foreign Service Academy
National Consensus Commission in meeting with political parties at the Foreign Service Academy

Implementation mechanism

July Charter: Consensus Commission to sit with political parties

The National Consensus Commission will hold an official meeting with political parties to discuss the modalities for implementing the July National Charter.

The meeting is likely to be held on Thursday.

Following this, the Commission’s recommendations regarding the July National Charter and its implementation procedure will be forwarded to the political parties and the government.

Previously, the Commission held two rounds of discussions with political parties, during which consensus and decisions were reached on 84 reform proposals. Those were concerning the Constitution, electoral system, judiciary, Anti-Corruption Commission, police and public administration reform.

Those proposals are forming the basis of the July National Charter, the draft of which has already been finalised by the Commission.

The initial plan was to sign the Charter in July; however, the process has been delayed due to the absence of an agreed implementation procedure.

The Commission has since decided that recommendations on implementation will be provided separately and not incorporated directly into the Charter.

To this end, the Commission has already conducted multiple formal and informal meetings with experts, as well as informal discussions with political parties. Written opinions were also sought from the parties, and these views were consolidated for discussion with experts on Sunday.

At that meeting, it was preliminarily agreed that proposals related to the Constitution should be implemented through the issuance of a Special Constitutional Order, which was deemed the most effective option. Non-constitutional proposals, however, would be implemented through ordinances and executive orders.

According to Commission sources, the Consensus Commission met internally on Monday, and discussed the sharp divergence of opinions among political parties regarding the method of implementation. In particular, the BNP, Bangladesh Jamaat-e-Islami, and the National Citizen Party (NCP) proposed three separate methods.

The BNP favoured implementing constitutional reforms within two years of the formation of the next Parliament. Jamaat-e-Islami advocated implementation through presidential proclamation or a national referendum, while the NCP called for the formation of a Constituent Assembly.

Additionally, at least ten other parties recommended that the Supreme Court be consulted under Article 106 of the Constitution before proceeding with the implementation of the Charter.

According to sources within the Consensus Commission, in the present circumstances, recommending the implementation of the Charter solely through a Special Constitutional Order by the President, without prior consultation with political parties, may provoke controversy.

For this reason, it has been decided that the method of implementation will be formally discussed with political parties. This discussion will bring together 30 parties.

Relevant sources further indicated that the inclusion of experts in the meeting with political parties is under consideration, so that they may provide clarification where required. Even if full consensus is not achieved, the Commission will recommend an implementation method based on expert opinion.

Following deliberations with experts, the option currently considered most appropriate by the Commission is implementation of the Charter through the issuance of a Special Constitutional Order by the President. Experts have already prepared a preliminary draft in this regard.

Professor Ali Riaz, Vice-Chairman of the National Consensus Commission, stated to Prothom Alo on Monday, that the July Charter has already been finalised.

He confirmed that the Commission will meet political parties to discuss the implementation method. He noted that political parties are not formally aware of the proposals made by experts, nor of the proposals presented by other parties.

All such proposals will be placed before the political parties during the meeting. The Commission intends to maintain transparency in giving advice or recommendations on the Charter’s implementation.

Among the reform proposals on which consensus and decisions have been reached, some require amendments to existing laws and regulations, while others necessitate government orders. These can be executed through presidential ordinances, the framing of rules, and executive orders of the Government. However, a significant number of proposals are constitutional in nature, and the main complexity lies in implementing those related to constitutional reform.

In a statement issued on Monday, the Consensus Commission reported that a meeting had taken place at its office in the Jatiya Sangsad Bhaban. The opinions and recommendations received from experts on Sunday, were reviewed, as were the views expressed by political parties. The Commission resolved to hold a formal discussion with political parties on this matter.

Present at the meeting were Vice-Chairman Professor Ali Riaz, Badiul Alam Majumdar, retired Justice Md Emdadul Haque, Iftekharuzzaman, Safar Raj Hossain, and Md Ayub Mia. In addition, Monir Haider, Special Assistant to the Chief Adviser involved in the consensus-building process, also attended.

Speaking to Prothom Alo, Monir Haider stated that the Commission had decided to hold another round of meetings with political parties before finalising the method of implementation. The Commission intends to conclude the discussions in a single day, although they may be extended to multiple days if necessary.