The 12th national parliamentary election is scheduled to be held either at the end of this year, or at the beginning of next year. Prothom Alo senior reporter Riadul Karim recently interviewed Chief Election Commissioner (CEC) Kazi Habibul Awal, in the lead up to the polls. The CEC provided written responses to the questions.
There were elections to five city corporations a few months ago, just before the national polls. How does the commission assess those elections?
The elections took place peacefully, with no allegations of rigging or violence, except for an isolated incident of physical assault on a candidate during the Barishal city polls. Voters were able exercise their franchise freely and there were no complaints against the police or administration about playing a biased role.
Many analysts said the city polls were fair and peaceful, but they couldn’t be considered credible in absence of a strong contender against the ruling party candidates. What is the commission's take in this regard?
The commission will only verify legal validity of the elections and ensure that these adhere to the law. The analysts can have varying assessments.
There were allegations in the 2018 city elections that the control shifted from the EC to the law enforcement agencies. The EC did not have to face the same situation due to the absence of the BNP. Some are saying that the EC is yet to face any tough challenge to prove its capacity. How do you respond to this?
I prefer not to comment on past events. Instead, what we have done so far can be assessed. It can be assessed in the future to what extent we would succeed or fail in the remaining time.
What about the preparations of the 12th national parliamentary polls?
We are not lagging behind. Our preparations are on track.
BNP and some other parties have rejected the current commission which you lead. Do you believe it will be possible to gain the confidence of all parties before the national elections?
It is a tough and complex situation as several parties, including BNP, rejected both the current commission and the government. How can their desires or decisions be implemented!
However, we have conducted more than 900 elections at different levels and they were deemed valid. Nevertheless, it is impossible to say anything for certain as to whether the political parties’ confidence in the election commission and the prevailing state mechanism will be restored, or not. We have been discharging our election-related duties as per the constitution, law, and regulations.
A significant portion of the opposition, including BNP, are saying that they would not participate in the election unless a non-partisan government is introduced. The government, on the flip side, stands firm to hold an election as per the constitution. Do you think it is possible to hold a free, fair, and credible election under such circumstances?
This is a significant conflict in the political arena, which may lead to a crisis, or may not. It could be difficult to conduct a peaceful election if the overall political environment is not conducive. A political consensus is necessary on the election. We hope that the differences will be resolved, a consensus will be reached, and the environment will be conducive.
There is no certain yardstick to measure the credibility of an election. It can be measured in variables.
The commission will see if the election is acceptable and conducted as per the constitution, laws, and regulations.
Can the election be called inclusive and credible if either of the main parties -Awami League and BNP- boycott it?
No gauge is set to measure inclusive or credible. Therefore, I cannot say.
Will the commission play any special role to bring BNP to the election?
We have requested BNP several times, sending them letters. BNP’s position is clear. The government will be changed, the election commission will be changed and then the election will take place. The commission has no plan at this moment to play a special role to bring in BNP which holds such an inflexible stand.
Powerhouses like the US, Russia and China are active ahead of the national election. Does it create pressure on the commission?
No.
Opposition parties and experts think the power of EC is reduced by amending the RPO…
That is not right. RPO is amended according to the proposal of the commission. Existing article 91(a) is not changed other than amending clerical mistakes. The commission has the power of stopping the current polling according to that section. That remains the same. By adding a new clause (aa) in Article 91, even after the declaration of the election results, the Commission can, if necessary, suspend publication of the gazette and investigate the results of one or more centres. Power must have been enhanced from existing conditions. Many other new provisions have been added. They have enhanced the commission's power, responsibilities and accountability.
Was it proposed by the election commission to substitute 'polling' for the word 'election' in sub-section 91(a) of the RPO, or was it added by the cabinet?
It is done by the proposal of the election commission. The word ‘election’ is replaced by ‘polling’ to create consistency. Section 91 (a) states about the stopping of polling. There is no scope for early polling or postponing or stopping the election before the polling begins. If an activity is started and ongoing, it cannot be suspended, it can be stopped. An activity can be postponed before it starts, not stopped. Subsection 91(a) used the word "stop" but did not use the word "postpone". As a result, there is no change in the meaning of Article 91(a).
According to the revised RPO, if after announcing the schedule it appears before the polls that a fair election will not be possible, can the commission declare the polls closed before polling day?
There is no relation with the revised RPO whether the commission may stop the election of a constituency under the special circumstances one day before the election. There is a provision to the effect that if a candidate dies before the day of polling, the election of the concerned constituency shall be declared closed. If the election becomes really impossible for any other reason, the election must be stopped. Whether or not there is a provision or not. The Election Commission shall handle the situation accordingly.
You said there is no scope for EVM rigging. What special measures will the EC have to prevent fake votes on paper ballots?
No comment.
It is alleged, during the 2018 national election ballots were stuffed in many places the night before the election. Does the EC have any special plan to prevent such things in the next election?
No comment.
EC bans journalists from using motorbikes to gather news on election day. What is the reason for this?
To control potential terror and curb muscle power. But the ban on motorbikes may be reconsidered in light of the reality. The EC does not seek reducing the power of news media to carry out their duties.
Does the EC have examples or information of using the motorbikes of journalists to command terrorism? Why is the commission talking about such concern?
No comment.
In the action plan, you said that it is a challenge for the field level officials, especially the police and administration officials, to carry out their duties impartially in the election. What steps will be taken to deal with it?
Wait and see.
EC said, one of ways of overcoming the challenge of fair election is not to file harassment cases by the government agencies. How may you ensure that?
Wait and see.
CEC talked about installing CC cameras in each and every voting room during the national election to ensure fair election. Will that be done?
The national election will take place in 210,000 booths in 42 centres simultaneously on the same day. We have to install over 300,000 cameras. t is being seen how far it is actually possible to monitor. It is not yet known whether the entire polling process can be monitored by installing CCTV cameras and whether it will be done or not.
In the dialogue, the commission said in its action plan that the recommendations made by the majority of people according to the constitution and election law should be implemented. Did that actually happen?
It's not even a year and a half since we took over. There have been many. There will be more. You will have to wait some more time to know more.
In the explanation of inclusive elections in the action plan of the EC, the commission said, "Active participation in the elections of all the registered political parties." Have you prepared the action plan with BNP or like-minded parties remaining out of the elections?
The commission will prepare the action plan with the idea of everybody taking part. While preparing the action plan we will not consider whether BNP or like-minded parties will participate in the election or not. Still, we will expect all the major parties to take part in the election and the election will be inclusive and competitive.
Will the DCs be returning officers in all 300 constituents of the next election? Or do you have a plan to change that?
We are yet to decide.
Will the foreign observers get a chance to observe he next election? Will the EC invite anybody to observe the election?
We will welcome foreign observers to observe the elections. It has not been decided whether we will invite anyone or not.
Finally, if the EC cannot gain the confidence of the opposition political parties, what will it do?
Gaining the confidence of opposition political parties or their participation in elections will depend on many factors. Wait and see.
* This interview was originally appeared in the print and online edition of Prothom Alo and has been rewritten for English edition by Syed Faiz Ahmed and Misbahul Haque