Report recommends disqualifying fugitive, convicted candidates in elections

The Commission also proposed disqualifying individuals accused by the Enforced Disappearances Commission, the Anti-Corruption Commission, or the International Crimes Tribunal on charges of serious human rights violations

Electoral Reform Commission chief Badiul Alam Majumder (2nd R) hands over the report of the commission to the Interim Government Chief Adviser Dr Muhammad Yunus on 15 January 2025PID

The Electoral Reform Commission has recommended barring fugitive convicts from competing in the national parliament elections. The commission also proposed that individuals convicted by the International Crimes Tribunal (ICT) be prohibited from voting or holding membership in any political party.

The commission submitted its report to Chief Adviser Professor Muhammad Yunus on Wednesday morning.

Later in the afternoon, the commission’s head, Badiul Alam Majumder, summarised their recommendations during a press conference. The detailed recommendations were also made available on the commission’s website.

Under the existing constitution and laws, individuals convicted of a criminal offense, involving moral turpitude and sentenced to at least two years in prison, are ineligible to contest elections. However, many manage to participate by appealing to the High Court.

The commission’s recommendations call for disqualifying individuals convicted by the ICT, as well as those accused in court of serious human rights violations, including extrajudicial killings, disappearances, corruption, and money laundering.

Following the July uprising, the government established 11 commissions to recommend reforms across various sectors, including the Electoral Reform Commission.

Formed on 3 October 2024, the eight-member commission is headed by Badiul Alam Majumder of Shushashoner Jonno Nagorik (SHUJAN). Other members include Professor Tofail Ahmed, Jasmine Tuli, Md. Abdul Alim, Zahed Ur Rahman, Mir Nadia Nivin, Mohammad Sadeq Ferdous, and Sadiq Arman.

To prepare its recommendations, the commission conducted dialogues with stakeholders in and outside Dhaka. Public opinion was gathered digitally, and written feedback was solicited from political parties. Additionally, a survey was conducted. The commission reviewed all existing election-related laws and regulations alongside the collected input to finalise its proposals.

At a press conference held at the Reform Commission office in the Jatiya Sangsad Building on Wednesday, Badiul Alam Majumder emphasised that the recommendations aim to honour the sacrifices of the mass uprising.

Key proposals include forming a special investigation commission to identify those responsible for the fraudulent 2018 election, conducting re-elections in constituencies where less than 40 per cent of votes are cast, and expanding the Election Commission’s powers while ensuring their accountability. 

For local government elections, the commission recommended making them non-partisan and scheduling them before the national elections. In total, the commission outlined approximately 150 recommendations across 16 areas.

Eligibility, ineligibility for Candidacy

The Reform Commission has recommended that individuals convicted by the International Crimes Tribunal be disqualified from contesting parliamentary elections from the moment they are found guilty. This means that a conviction by the tribunal alone would render a person ineligible, regardless of whether an appeal is filed with the High Court.

The Commission also proposed disqualifying individuals accused by the Enforced Disappearances Commission, the Anti-Corruption Commission, or the International Crimes Tribunal on charges of serious human rights violations - such as extrajudicial killings, disappearances, inhumane torture, or attacks on journalists and human rights activists - as well as on charges of serious corruption and money laundering. The implementation of these disqualifications would require the enactment of a special law.

Under the current constitution and laws, a person sentenced to two years in prison cannot stand for election until five years have passed since their release. Additionally, individuals convicted under the Bangladesh Collaborators (Special Tribunal) Order of 1972 or dismissed from public service due to corruption are also ineligible to contest parliamentary elections.

The Reform Commission has proposed that candidates must have been members of their respective political parties for at least three years to qualify for parliamentary elections. Furthermore, it recommends that individuals indicted for serious human rights violations under international or domestic laws, such as those indicted by the International Criminal Tribunal for the former Yugoslavia, should be prohibited from becoming ordinary members or committee members of any political party.

10pc nomination for youth, minorities

The Commission recommends that 10 per cent of party nominations should be reserved for youth, religious and ethnic minorities, and physically disabled persons. It also proposes reducing the requirement for independent candidates to gather the signatures of 500 voters, replacing the current mandate of signatures from 1 per cent of voters.

Additionally, the Commission suggests abolishing the provision allowing a single individual to contest multiple seats. It further recommends that elected individuals be disqualified if they are found to have provided false information or concealed details in their affidavits.

Strengthening the Election Commission

The Reform Commission has proposed drafting a law to formally establish the election commission (EC). It has also suggested that appointments to all constitutional institutions, including the EC, could either follow this law or be handled by a permanent National Constitutional Council.

The report includes several recommendations to empower the EC. These include granting it the authority to postpone, cancel, or call for re-elections; allowing the EC full autonomy in appointing its Secretary; and requiring executive branch approval only for actions that could directly affect the election process during an election.

To safeguard democratic integrity, the Commission recommends empowering the EC to postpone elections for up to 90 days if there is a credible risk of undermining the democratic system, as seen in the controversial elections of 2014, 2018, and 2024. However, such a decision must be made unanimously.

Additionally, the Reform Commission proposes that the EC should certify the fairness, credibility, and acceptability of an election within 48 hours of announcing the results, prior to the publication of the official gazette. 

If a candidate or party disputes this certification, they should have the right to file a complaint with the Constitutional Council or the Appellate Division within 48 hours. The resolution of such complaints must occur within a maximum of seven days.

Accountability of the EC

The Reform Commission has recommended both expanding the powers of the Election Commission (EC) and ensuring its accountability. The proposed Election Commission Act includes provisions to penalise the EC if it engages in any crimes or irregularities.

Additionally, it recommends enforcing the existing provisions for addressing allegations of misconduct or incompetence against commissioners during their term. The Commission has also suggested that allegations against Election Commissioners be investigated and addressed even after their tenure has ended.

Registration of Political Parties

The Commission has proposed easing the conditions for registering new political parties. It has also recommended publishing the party’s list of general members on its website, electing all party committees from local to national levels through secret ballots by general members, and prohibiting the party from maintaining fringe student, teacher, or labour organisations, whether as fraternal bodies or under any other name.

Furthermore, the Commission suggested banning foreign branches of the party, requiring a three-year party membership to qualify for a party nomination in parliamentary elections, and mandating party registration renewal every five years.

The Commission has also recommended repealing the rule that cancels a party’s registration if it fails to participate in two consecutive elections.

Recommendation to Include a “no” vote

The Reform Commission has proposed several measures to ensure fair and transparent elections. These include mandatory verification of the information provided in candidates’ affidavits, requiring candidates to disclose details of their overseas assets, monitoring election expenses, and abolishing the use of electronic voting machines (EVMs) in elections. 

It also recommends including the defense department under the definition of law enforcement agencies during elections, prohibiting uncontested elections and introducing a provision for a “no-vote” option, and assigning EC officials as returning and assistant returning officers.

Other proposals include establishing a separate service for EC officials, requiring joint decisions within the EC on all election-related matters, reviewing and recalibrating allowances for EC training, law enforcement forces, and magistrates, extending the nomination paper review period and reducing the campaign period, and granting the EC absolute power to finalise candidacies.

It also suggests mandating the submission of five-year income tax returns with nomination papers.

The Commission has also recommended replacing traditional banners and posters with equal opportunities for candidates to advertise via events, newspapers, and government media.

The Commission has emphasised the importance of enabling expatriates to vote, suggesting the introduction of postal ballots or online voting.

While acknowledging that these measures may take time, the Commission stressed the need to initiate the process.

The Electoral Reform Commission has also commented on broader constitutional issues, such as the Prime Minister’s term limits, the presidential election system, elections to the upper house of parliament, direct voting for reserved women’s seats in parliament, the caretaker government system, and the overall implementation of parliamentary reforms. These recommendations overlap with those of the Constitutional Reform Commission, which has addressed these matters in detail.