July Charter: Disagreement persists over method of implementation

No resolution emerged from daylong discussions between political parties and the National Consensus Commission regarding ways to implement the constitutional reform proposals of the July National Charter. The discussion took place yesterday, Thursday. The parties remained rigid in their earlier positions on the question of implementation. Another round of discussions will be held on Sunday.

Earlier, the commission held informal discussions with political parties on the implementation process. A total of 29 parties had sent their written opinions to the commission. On the question of implementation, the differences among the political parties were stark. In particular, the BNP, Jamaat-e-Islami, and the National Citizens’ Party (NCP) each proposed three different methods.

The BNP supports implementing the constitutional proposals within two years of the formation of the next National Parliament. Jamaat-e-Islami favours implementation before the next election through a special presidential order or via referendum, while the NCP wants implementation through the formation of a Constituent Assembly.

Yesterday, at the capital’s Foreign Service Academy’s Doel Hall, the National Consensus Commission sat in formal talks with 30 parties on the method of implementation of the Charter. The meeting began at around 11:30 am and continued until nearly 6:00 pm with a break for lunch. In this discussion as well, the three parties stuck to their earlier positions, presenting arguments in their favour.

Through two rounds of talks on the reform proposals of the six reform commissions, political parties have already reached consensus and made decisions on 84 issues. These are being incorporated into the July National Charter. Yesterday, the commission handed over the final draft of the Charter to the parties. Each party has been asked to inform the commission by tomorrow, Saturday, of the names of two leaders who will sign the Charter. However, the date for signing has not yet been finalised.

Whether all parties will sign the Charter without agreeing on the implementation method remains uncertain. However, the method of implementation will not be part of the Charter. Based on discussions with political parties, the commission will recommend the method to the government.

Among the reform proposals included in the July Charter, several can be implemented through ordinances. Some can also be executed by executive orders. Parties have agreed to implement those through ordinances and executive orders. The main dispute remains over how to implement the constitutional reform proposals.

At the beginning of yesterday’s talks, the National Consensus Commission presented the different methods proposed by various parties for implementing the July Charter. Alongside, the commission also outlined the advice it had received from experts.

In broad terms, the commission had received six recommendations in writing from political parties on ways to implement the constitutional proposals. These included holding a referendum on the entire Charter or parts of it, implementation by special constitutional order under the executive powers of the President, implementation through the formation of a Constituent Assembly, implementation through the 13th Parliament, incorporating the Charter’s proposals into the Constitution by establishing Jatiya Sangsad as a Constitutional Reform Assembly, and seeking an advisory opinion from the Appellate Division of the Supreme Court through the President under Article 106 of the Constitution on whether the interim government could implement the Charter.

The commission informed the meeting that experts had suggested four possible ways to implement the proposals included in the July Charter (including dissenting views). These were ordinances, executive orders, referendum, and special constitutional orders.

The BNP and some other parties believe that constitutional reforms cannot legally be implemented except through the next Parliament. According to the BNP, proposals such as issuing constitutional orders or holding a referendum are unacceptable.

If the Charter is implemented immediately, the country will end up operating under two constitutions simultaneously. On the other hand, Jamaat-e-Islami, the NCP, and several other parties want the Charter to have a legal basis and be implemented before the national election.

In yesterday’s discussion, Jamaat-e-Islami Assistant Secretary General Hamidur Rahman Azad said leaving the reforms to the next Jatiya Sangsad would be an injustice to the mass uprising. Nominal reforms will not be enough; legal backing is necessary. On that basis, elections in February should be held.

Citing precedents for issuing special constitutional orders, the Jamaat leader said that the 1970 election was held on the basis of the Legal Framework Order. During the regime of former President Ziaur Rahman, a special order was also issued in 1977, under which a referendum was held. He argued that reforms could similarly be implemented by special order. They could also be implemented through a referendum. If done by referendum, it would be sustainable.

Hamidur Rahman Azad suggested that reforms could first be implemented by special order and later, if necessary, through a referendum. He said, “If the July Charter has no legal basis, then what have we been doing all this time? Everything will become meaningless. Everything will go in vain. The revolution itself will be destroyed. Will we destroy the revolution and return to the old ways? Many vested interest groups will emerge. The state will be endangered. The election will be jeopardised.”

The NCP also wants implementation of the July Charter before the next National Parliament election. However, they want it implemented differently. Presenting the party’s position in the talks with the Consensus Commission, NCP Member Secretary Akhtar Hossain said the only way to ensure sustainable implementation of the reform proposals is a new constitution. If the old constitution is merely revised and its implementation is left to the discretion of the next government, then the reform proposals will not be properly implemented.

In the final phase of discussion, BNP Standing Committee member Salahuddin Ahmed presented his party’s position. He said the proposals that had been made were, in general, unacceptable. The country has constitutional continuity. Without this continuity, the interim government itself would be illegal.

Arguing against the proposals from Jamaat-e-Islami and the NCP, Salahuddin Ahmed said a Constituent Assembly is formed either to draft a new constitution or to change the fundamental structure and character of the constitution. The Provisional Constitutional Order of 1972 was issued when the country had no constitution. But now there is a constitution. During Ziaur Rahman’s regime, proclamations were not used to amend the constitution, as the constitution was suspended at that time. Therefore, proclamations were issued in the interest of running the state, and these were later legitimised by Parliament. No one has the authority to amend the constitution by proclamation.

Salahuddin Ahmed said their proposal was that all parties sign this charter now. Each party should include in its election manifesto a commitment to adopt the reform proposals in the next Parliament. Whoever goes to Parliament will implement it. He argued that no party could ignore the July Charter and still hope to engage in politics in the future.

The BNP leader added that they could not guarantee the Charter’s implementation; they could only make a commitment. If a legal basis for implementation could be found now, the BNP would agree to it. He asked whether that had been achieved.

The BNP believes that if the Charter is implemented by special order now, any citizen could challenge it in court. Salahuddin Ahmed said that if the Charter is implemented now, it would effectively mean two constitutions in operation. If challenged in court, the court would ask who changed the constitution, how it was changed, and who had the authority.

Later, National Consensus Commission vice-chairman professor Ali Riaz said at the meeting that the discussion would remain adjourned. Talks would resume on Sunday at 2:30 pm.

Speaking at a press conference in the evening after yesterday’s discussion, Ali Riaz said, “The final draft of the July National Charter is being sent to the political parties today. The Charter reflects the opinions of all parties. The commission has requested each party to send the names of two people authorised to sign the Charter by 5:00 pm on Saturday.”

Ali Riaz said that consensus had been reached on two points during yesterday’s discussions with political parties about implementing the Charter. According to him, issues not related to the Constitution may be implemented by the interim government through ordinances. Recommendations that can be implemented by orders and regulations of the government or relevant authorities may be carried out by the interim government and the concerned authorities. The government and concerned authorities have already begun the process of implementation through ordinances and appropriate measures.

Yesterday’s discussion was attended by Consensus Commission members Badiul Alam Majumdar, Justice Md Emdadul Haque, Iftekharuzzaman, Md Ayub Mia, and the Chief Adviser’s Special Assistant Monir Haider, who is involved in the consensus process.