Awami League and resolving the question of its ban

In July and the first half of August this year, Bangladesh saw the most brutal killings, political violence, terror attacks and riots since the independence of the country. It was like a gory video game where people’s lives held no value. The body of a young man was hurled off an armed car, a youth lay inert in the floor of a rickshaw in a vain struggle against death, a child was killed from bullets raining down from a helicopter…

Here is little likelihood that this killing and wounding of thousands could have taken place without strong and direct orders from the head of the ruling party at the time, Sheikh Hasina, and other top persons of the government. That is why it is imperative that Sheikh Hasina, her government and the political party Awami League, be placed on trial. Any discrepancies in this process or indiscriminate filing of cases would simply serve to trivialise the matter.

There prevails a debate on the future of post-Hasina Bangladesh. It was on 23 June 1949 that East Pakistan Awami Muslim League was born. At the behest of Maulana Bhashani, in 1955 the word ‘Muslim’ was dropped in the interests of a non-communal political ideology. After playing a vital role in struggle for independence, the manner in which Awami League has stood against the aspirations and the interests of the people over the past one and a half decades is not just unfortunate but calls for justice.
However, the question is, how to deal with a party as large as Awami League, which has a large support base too? How to bring about their reforms, how to effectively place them on trial and ensure justice is carried out?

If we leave out the controversial elections from 2014 to 2024 and analyse the fair and credible elections, we will see that in 1991 Awami League secured 30.8 per cent of the votes. In 1996 (June) it secured 37.44 per cent of the votes and in 2001 it won 40.13 per cent. In 2008, if we analyse the party’s votes, not as an alliance, it clinched 48.4 per cent.

It is difficult to discern how far Awami League’s public support has waned due to the fact that fair elections haven’t been held over the past 15 years, the July killings and Sheikh Hasina fleeing in the face of the mass uprising. But the behaviour and words of Awami League’s leaders and activists indicate no sign of remorse. So the predicament of millions is involved in the event that Awami League is banned. So any decision in this regard must not be taken with rashness, but with much discussion and deliberation.

In the prevailing circumstances we can think of a number of possible alternative scenarios. The first scenario would be about banning Awami League. This decision can be implemented in a short time. This can be brought about in one of any three processes – a court order, a referendum or an executive order. If an appeal is placed in court for this ban, then it must be proven whether Awami League was involved in the massacre or not, whether there was any decision at a party meeting in this regard and whether the party chief was involved. The line between the government and the party must also been taken into account.

If a referendum is held, the people’s decision will be known. However, it must be kept in mind that there is a big difference between an election and a referendum. If the mandate goes against banning Awami League, not only must this been accepted, but this may have a negative impact on the trial for the July killings.

If the people give their verdict in favour of banning Awami League and even if 20/30 per cent of the votes go against this motion, that too is a considerable chunk of the population. That would constitute a few million supports, 90 per cent of whom presumably were not directly involved in the crimes against humanity. This banning may criminalise them, but that may backfire.

The second scenario would be to ensure the trial of those involved in the indiscriminate killings of July and August as well as those involved in crimes against humanity over the past 15 years, but to give Awami League a chance to reform as a party. In that case, a high-powered, professional and international standard truth investigation committee can be formed and a draft list be prepared of Awami League leaders and activists, including Hasina, who were involved in crimes against humanity.

If there is justified basis to the allegations of the accused persons’ involvement in crimes against humanity, through the trial process they can be banned from taking part in politics and the election. But a legal process must be ensured so that this is not on conflict with the principle of justice – ‘innocent until proven guilty’.

Awami League can be given the chance to become active in politics again if they expel the involved persons from the party and if the party’s constitution takes a firm stand against these killings and the killers. The party can place Sheikh Hasina and her close collaborators on trial and ban them from politics and the party. The leaders and activists with comparatively less criminal involvement can seek pardon and resume party activities after going through a compulsory correctional process.

The third scenario would be just to leave things as they are, with no banning of Awami League and with no effective trial or reforms. That is an unacceptable proposal. If Awami League returns, there will be an increase of revengeful violence in the country. Also, banning the party as in the first scenario, with no long-term process, there is little likelihood of this being effective, as seen in past history.

In December 1971, five parties including Jamaat-e-Islami were banned. Later, in accordance to the constitution of 1972, all religion-based parties were banned. But Jamiyate Ulema-e-Islam was allowed to resume its programmes. After this ban, no long-term measures, no cultural-social-political initiative was taken. The leaders and the activists of the banned parties joined JSD, NAP and even Awami League. In recent times, on 31 July this year, Awami League cancelled Jamaat-e-Islami's registration. But the party has now clearly returned in an even bigger form.

The process of banning of political parties does not involve just crimes, but it involves political, social and cultural matters too. Awami League's biggest strength lies in its cultural capital. Many big names and influencers in the country's literary and cultural field are Awami League's strength. So there is very little possibility of an effective ban of the party unless there is a long-term cultural and political drive. It will be difficult to reach the aspired goal with a short-term bank on Awami League.

* Dr Saimum Parvez is a teacher of political communications at Germany's DW Academy and Bonn Rhein-Sieg University
* This column appeared in the print and online edition of Prothom Alo and has been rewritten for the English edition by Ayesha Kabir