Questions have been raised regarding the Election Commission’s (EC) request to the home ministry seeking ban on political activities except the election campaigns from 18 December to the day of casting votes.
According to news reports, the letter sent to the Public Security Division under the home ministry by the EC noted that it is advisable to refrain all the people from any rallies, or other political programmes that may disrupt the electoral process or discourage the voters from exercising their franchise.
The deadline to withdraw candidacy ends on 17 December. The election campaigns are supposed to be started from the next day on 18 December.
The EC is saying that political programmes cannot be held at that time. Does it mean that election is a non-political matter?
The EC claims such political activities may disrupt the electoral process or discourage the voters from exercising their rights to vote. It is the task of the EC to ensure a proper environment to make the elections participatory, free, fair and peaceful. Failing to do that, the EC is now trying to stop the political programmes. The then EC didn’t dare to do that even during the election of 2014.
Earlier, the EC had said people would come to cast their votes amid a festive environment. However, we are yet to see anything else other than breaching the electoral code of conduct and clashes between the supporters of the contesting candidates.
The main condition for a transparent and credible election is to ensure the scope of choosing from the representatives. The EC has failed to create such an environment. When the ruling Awami League and its associate bodies are preparing for the upcoming polls, the main opposition BNP and other like-minded parties have declared to boycott the election. At the same time, the opposition parties are continuing with their programmes like hartals (strikes) and blockade. It means that the EC has carefully avoided the main problem regarding the election.
The ECs letter seeking a ban on all political activities except the election campaigns is not only unconstitutional, but also goes against human rights.
Article 37 of the constitution states, “Every citizen shall have the right to assemble and to participate in public meetings and processions peacefully and without arms, subject to any reasonable restrictions imposed by law in the interests of public order or public health.”
The EC just cannot snatch away this right of the people just to hold the polls ‘at any cost’. Even the home ministry cannot impose ban on meetings and assemblies. They can impose a temporary ban at most only if there is a risk of deterioration of the law and order.
The commission couldn’t intervene when more than 20,000 activists of the opposition were imprisoned after being arrested or couldn’t say anything regarding the government’s mass arrest drive against the opposition leaders and activists. Now they are trying to undermine people's basic rights of freedom of assembly.
We believe that the letter issued by the EC is completely unacceptable. If they have a minimum respect towards the constitution of the country and people’s rights, then they mustn’t overdo anything regarding this. The task of the EC is to hold elections, not to violate people’s fundamental rights.