July Charter: Consensus on referendum, but complications persist

Although there is a consensus on holding a referendum over the July National Charter, several complications remain unresolved.

The central questions are whether the referendum will take place on the same day as the national election or beforehand, and how the proposals that have drawn differing opinions will be implemented.

The Bangladesh Nationalist Party (BNP), Jamaat-e-Islami, and the National Citizen Party (NCP) still hold divergent positions on those issues.

The BNP believes that the referendum should be held alongside the national election, using a separate ballot. Jamaat-e-Islami, however, wants the referendum to be held prior to the election. The NCP supports holding it on the election day but has demanded that a “July Charter Implementation Order” be issued beforehand.

These positions were expressed during Sunday’s discussions, and all three parties remain firm in their respective stances.

Given these differences, doubts persist as to whether the political consensus on the referendum can ultimately be implemented.

Against this backdrop, the National Consensus Commission is set to hold another round of discussions with political parties on Wednesday. Before that, the commission will meet experts today, Tuesday.

Sources within the Consensus Commission say experts had earlier suggested holding the referendum in two packages: one including the proposals enjoying broad agreement among parties, and another covering the more contentious issues.

The experts also recommended holding the referendum on the same day as the national election, and sought the Supreme Court’s opinion on the matter.

However, following Sunday’s meeting with the political parties, the commission has dropped the idea of consulting the Supreme Court. Its main priority now is to secure public consent on the July Charter through a referendum.

Today’s meeting with experts will therefore focus on exploring alternative legal mechanisms for the referendum and other feasible options.

Professor Ali Riaz, vice-chairman of the National Consensus Commission, told Prothom Alo on Monday, “The Commission believes that the people’s opinion should be sought on every issue. We will reach a decision after consulting experts and considering alternative approaches.”

The July National Charter comprises 84 reform proposals. Some of these—particularly those related to the constitution—have drawn differing views from several parties, including the BNP.

While the draft of the July Charter is complete, consensus has not yet been reached on how to implement it. Nevertheless, the gap over implementation has narrowed compared to earlier discussions.

During Sunday’s talks, the parties agreed in principle to hold a referendum to seek the people’s mandate for implementing the Charter. The timing of the referendum, however, remains a point of contention.

The BNP insists that the only viable option is to hold the referendum alongside the parliamentary election, using a separate ballot. Party policymakers argue that conducting the referendum earlier would require massive logistical preparations and expenditures, potentially disrupting the national election.

The party also maintains that there is no immediate need to issue a constitutional order before the referendum. The party leaders explained it’s not as if things cannot proceed without such an order.

The party believes that all political parties will sign the Charter—along with their recorded notes of dissent—which will be made public on the Consensus Commission’s website.

This, they argue, will prevent elected MPs from deviating from the commitments once they are endorsed by the public.

Speaking about this, BNP standing committee member Salahuddin Ahmed told Prothom Alo, “Why should there be a problem if the election and referendum are held on the same day? There can be red and green ballots for the referendum. Otherwise, another full-scale election-like arrangement would be necessary, which would be costly and unnecessary. Besides, the demand for a pre-election referendum might be a pretext to delay the election.”

Jamaat-e-Islami, which has long advocated for a referendum to implement the July Charter, now finds BNP partly aligned with its position, though it still insists that the referendum should be held before the election.

Given these contrasting positions among major political parties, questions are being raised about whether the Consensus Commission’s efforts might fail.

Speaking about it, Jamaat secretary general Mia Golam Porwar told Prothom Alo on Monday night, “We will make our position clear on 8 October. But we believe that for the sake of consensus, everyone must come together. In the interest of the nation, all parties must show flexibility.”

The NCP, while supporting a same-day referendum, has demanded that the government issue a formal order beforehand.

NCP joint convenor Javed Rasin, who has represented the party in commission meetings, told Prothom Alo, “A legal order must first be issued to provide the basis for the referendum, since the current Constitution contains no provision for it. That order must also specify that the referendum may involve changes to the Constitution’s basic structure.”

According to commission sources, it aims to conclude discussions on Wednesday. If political differences remain unresolved, it will formulate multiple recommendations for the government after further consultation with experts.

The commission hopes to finalise its recommendations on implementation mechanisms by 10 October.

The National Consensus Commission’s tenure expires on 15 October, and the body aims to give the July National Charter its full and final shape before that date.