July Charter: No consensus yet on implementation

The second day of formal discussions between the National Consensus Commission and political parties on ways to implement the constitution-related reform proposals of the July National Charter ended without results.

Yesterday, Sunday, in front of Commission President and Chief Adviser Professor Muhammad Yunus, the BNP, Jamaat-e-Islami, and the National Citizen Party (NCP) reiterated their earlier positions.

The issue of elections also came up in yesterday’s discussions. The BNP said elections must be held in February. If any uncertainty arises over the elections, national and regional security could be threatened.

Jamaat-e-Islami, on the other hand, said they also want elections in February. However, if the election is held on the basis of the July Charter, it will be fair and acceptable. The NCP said that to make reforms sustainable, a Constituent Assembly election is necessary.

Amid these differences, Chief Adviser Professor Muhammad Yunus said, “We have said repeatedly, elections will be held in February, in the first half of February. It will be a festive election if we can reach an agreement through consensus. This election will not be just an election—it will be the rebirth of the nation.”

The tenure of the National Consensus Commission is set to end today, Monday. However, in yesterday’s discussions, multiple parties requested the Chief Adviser to extend the Commission’s tenure.

Relevant sources said the Commission’s term will be extended once again. Further discussions with political parties on ways to implement the Charter may take place on Wednesday.

Earlier, the Commission also held informal talks with parties about the implementation process. Twenty-nine parties had submitted written opinions to the Commission. The BNP supports implementing the constitution-related proposals within two years of the formation of the next parliament. Jamaat-e-Islami wants implementation before the election through a special presidential order or a referendum, while the NCP seeks implementation through the formation of a Constituent Assembly.

Formal discussions with the parties on methods to implement the Charter began Thursday. Yesterday at 3:00 pm, the second day of talks began at the Foreign Service Academy in the capital. Chief Adviser Professor Muhammad Yunus was present, gave remarks, and listened to the positions of the three parties.

On the question of implementation, BNP, Jamaat, and NCP each remained adamant to their previous stances. However, in yesterday’s discussions, the BNP advised seeking the Supreme Court’s opinion on whether constitutional issues can be resolved by any forum other than the next parliament.

Yesterday’s talks were attended by Law Adviser Professor Asif Nazrul; Industry, Housing and Public Works Adviser Adilur Rahman Khan; Energy and Mineral Resources, Road and Bridges, and Railways Adviser Fouzul Kabir Khan; and Environment, Forest and Climate Change, and Water Resources Adviser Syeda Rizwana Hasan.

In two rounds of talks with political parties on the reform proposals of the six reform commissions, consensus and decisions have already been reached on 84 points. These are being compiled into the July National Charter. The final draft of the Charter has already been given to the parties. Due to differences over the implementation process, the Charter is stalled. However, the implementation process itself will not be part of the Charter. On this issue, the Consensus Commission will provide a recommendation to the government.

Yesterday, in the presence of the Chief Adviser, BNP Standing Committee member Salahuddin Ahmed participated in the discussions and said the main question is whether constitutional issues can be implemented by any forum other than the next parliament. If so, any such legal advice should come from the Supreme Court. The Supreme Court’s counsel or opinion may be sought. Beyond that, if there is any legal path, the BNP will accept it. The BNP is prepared to sign the July Charter.

Salahuddin Ahmed said that if the implementation proposals are carried out, any citizen could challenge them in court. If that happens, questions may be raised about the Chief Adviser’s global reputation. “We never want to see that,” he said.

Addressing the Chief Adviser, Salahuddin Ahmed said: “Come up with a process that is fully implementable. You have sought expert opinions, many of them. If among those you deem appropriate that ‘I will implement through this method,’ you are at liberty. We will have no objection. If you deem it appropriate to seek the judiciary’s opinion, you are at liberty. But resolve this issue. Let the uncertainty end.”

Expressing faith that a solution will come through the Chief Adviser’s personal initiative, Salahuddin Ahmed said if an initiative is taken to seek the Supreme Court’s opinion or a decision through the Chief Adviser’s judgment, and if a closed-door discussion is convened on this matter, the BNP will cooperate. But elections cannot be made conditional. Reforms, justice, and elections are in no way interlinked.

This senior BNP policymaker added: “If any kind of uncertainty is created about holding the election in the first half of February, that is exactly what fascism is trying to achieve. If we take any step that gives fascist forces the opportunity or encouragement, that will be, as many are saying, a national security threat. I believe it could also be a regional security threat. Two regional powers and one global power will become involved. We do not want to take Bangladesh to that point. At any cost, the next election must be held on the timeline you have announced, and directed the Election Commission to follow. The election must be held on that timeline.”

Jamaat-e-Islami and the NCP want implementation of the Charter before the election and for the next election to be based on it. However, the two parties differ on the implementation method.

In front of the Chief Adviser, Jamaat Assistant Secretary General Hamidur Rahman Azad presented two alternative ways to implement the Charter. One is a “Provisional Constitutional Order,” and the other is a referendum. If consensus cannot be reached on implementation, the party supports seeking the people’s verdict through a referendum.

This Jamaat leader said the interim government had pledged reforms, trials for genocide, and the most festive election in history. Only if the National Charter is based on consensus and the next election is held on its basis will it be fair, neutral, and credible.

Hamidur Rahman Azad said they believe, according to the Chief Adviser’s announcement, a level playing field will be created in the next election. The election will be free, fair, and acceptable. But the atmosphere and outcome announcements of two recent university student union elections have caused Jamaat some concern. They see attempts to influence elections as a negative signal. They also worry about whether such issues will affect the national elections.

NCP Member Secretary Akhtar Hossain said the constitution-related proposals on which consensus has been reached would bring major changes to fundamental parts of the constitution. If such sweeping changes are made only through amendments, there is doubt about sustainability. Because in the past, constitutional amendments have been challenged in court and annulled. Therefore, the NCP believes that only a Constituent Assembly election can ensure sustainable implementation of the constitution-related proposals. For that, parties must reach a consensus.

Law Adviser Professor Asif Nazrul said nearly half of the urgent proposals from the six reform commissions first formed have already been implemented. The target is to implement 70 per cent before December. Work has also begun under the leadership of advisers Fouzul Kabir Khan and Wahiduddin Mahmud to implement the proposals from the five commissions formed later.

Asif Nazrul said broader political consensus is needed to implement the constitution-related reform proposals, as these cannot be carried out by ordinance or executive order. He said the government is firm on holding elections in the first half of February, and there is no second thought about it. After the election schedule is announced, no legal changes that could affect the election process can be made. Any legal changes must be done by 30 November. He urged the parties to keep this timeframe in mind.

Opening yesterday’s discussions, Consensus Commission Vice-President Professor Ali Riaz said this discussion process is a historic event, an unprecedented chapter in Bangladesh’s history. He expressed hope that with continued cooperation from political parties, a final outcome could be reached.

The discussions were attended by Commission members Badiul Alam Majumdar, Justice Emdadul Haque, Iftekharuzzaman, and Aiyub Miah. The programme was conducted by Chief Adviser’s Special Assistant Monir Haider.