There are many Awami League supporters among my friends and acquaintances some even directly involved in the party's politics. For quite some time now they have been trying to explain that so much development is taking place in the country, so why the concern over democracy? Or, what's the point of a fair election, what alternative is there to Sheikh Hasina? Reserves, growth and foreign investment have plummeted alarmingly over the past year or so. However, the mindset still prevails that there is no alternative or that the country will be ruined if any other party takes over.
Needless to say, such a mindset is completely in contradiction to our constitution, to the spirit of the liberation war and the history of political struggle. The most compelling inspiration of our independence struggle was for voting rights by which the people would be able to establish a government of their choice. According to our original (and present) constitution, each citizen has one vote and they cannot be deprived of this under any excuse (such as being anti-government or having backward thinking). Our constitution and various laws clearly enunciate that the party that is voted to victory through a fair election will govern the country. If the opposition wins, power will be handed over to them -- this was even reflected in the commitment made by Bangabandhu in the 1972 Constituent Assembly.
Contentions such as, what is the alternative, why do we need elections, the country will be destroyed if BNP comes to power through the election -- question the urgency and need for a fair election and reflect a sort of authoritarian mindset. In 1975, by means of the fourth amendment, the Awami League government ushered in the one-party rule by the name of BaKSAL and snatched away people's right to choose their party and representatives. In fact, the government's remaining tenure was extended without any election. The idea behind this was that other than Awami League (in the guise of BaKSAL), no one had the right to rule Bangladesh and it would not be prudent to give the people the scope to choose any alternative.
It is a one-party authoritarian mentality to establish and maintain a unilateral system that abolishes the possibility of a fair election. I recall in the 2009 election, winning absolute majority after 36 years, Awami League leader Mahbub Ul Alam Hanif said, "We believe in the BaKSAL concept." Others of the party too spoke in favour of the BaKSAL system of rule.
Unfortunately, Awami League hasn't just stopped at the BaKSAL concept. It has staged two consecutive elections to put that into effect. It has established control on it alliance parties and even the opposition in parliament in various ways, and brought them down to the level of an AL affiliate. By enforcing repressive laws and using RAB, the police, the public administration, the judiciary and every institution of the government, to wipe out BNP and all other opposition parties. Other than in the national election, it has used contrived elections to also establish its control on the various professional bodies, trade bodies, sports federations and even the organisations for retired persons.
It is even more unfortunate that Awami League has managed to plant this one-party authoritarian seed in the minds of a class of journalists, artistes, intellectuals and even human rights activists. This BaKSAL belief is one of the main obstacles to fair election. Those who believe in this, repeat again and again the rhetoric of Awami League's glorious struggle for democratic politics in the independence war. But in their hearts and minds they actually nurse the 1975 one-party rule mentality. No many how wrong it may be or what destructive actions it undertakes, they do not want the people to have an alternative to Awami League. The only way to have such a choice is through free and fair elections.
It is possible on the part of Awami League to hold such a one-sided election. It is possible for them to further firmly establish the one-party system and culture by lodging cases after the election, and even banning BNP is necessary
I know there will be people who say that Awami League did hold 'fair' elections and in 2024 will do so again. But an election where there is no chance of the people's will being reflected, cannot be called an election by any doctrine, local or foreign. Awami League boycotted the 1988 election on this ground during the anti-government movement. In 1996 during the BNP rule, it took Jatiya Party and Jamaat-e-Islami along with it and resigned. Along with these two parties it held countrywide hartal (general strikes), blockades and an all-out movement. Awami League clearly said at the time that a permanent caretaker government for the elections must be established.
The only political arrangement for a free and fair election is to establish a non-party caretaker government -- this was the consensus that emerged. Awami League played the major role in building this consensus, but BNP and the other parties accepted this.
In the constitutional reforms committee formed by the Awami League government in 2011, there was a proposal to reform the caretaker system, but almost all the parties, including the major two parties as well as civil society insisted that the elections must be held under a caretaker government.
Had the last two elections, particularly that of 2018, been fair conducted with the inclusion of all, then perhaps Awami League would have had the chance to say that fair elections are possible under a partisan government too. But after one of the most rigged elections in the history of Bangladesh, is there any change to say that? No. Quite to the contrary, the government has made the possibility of a fair election even more far-fetched by placing persons of its camp in vital places of all the institutions of state over the past 15 years. It has resorted to repression and suppression to establish its authoritarian rule and make a fair election even more impossible. So there is all reason to believe the insistence of holding the 2024 election under the party government is an attempt to further cement the one-party system of rule.
It is possible on the part of Awami League to hold such a one-sided election. It is possible for them to further firmly establish the one-party system and culture by lodging cases after the election, and even banning BNP is necessary (some AL leaders and supporters have already voiced such sentiments).
The country will have to pay a steep price. Frustration, divisions and sufferings will mount among the people. The state institutions will become even more subservient and become party institutions, economic disparity and anarchy will increase.
Also, if such an election is held, the US visa policy and various restrictions will have a disastrous impact on investments in the country, on exports and trade. If America's allies join in this, the people will be in dire straits.
The next election is not just about restoring democracy. It is an election to save the country from destruction. It is imperative that we all understand this. We must tackle this crisis not with BaKSAL in our heats, but with Bangladesh in our hearts. Any considerations of elections under a party government must be discarded and initiative must be taken to establish an elected government by means of a credible election.
* Asif Nazrul is a professor of the law department of Dhaka University
* This column appeared in the print and online edition of Prothom Alo and has been rewritten for the English edition by Ayesha Kabir