July Charter: Implementation recommendations nearly finalised, submission likely today

The National Consensus Commission has nearly finalised its recommendations on implementing the July Charter. The proposal includes issuing a special order to give the charter legal standing, followed by a referendum, and empowering the next Jatiya Sangsad (national parliament) to function in a dual capacity — both as a constitutional reform council and as parliament itself.

The recommendations may be submitted to chief adviser professor Muhammad Yunus today, Monday.

Multiple sources within the commission said the referendum would not mention differing views of political parties on the reform proposals. The vote will be held on the basis of the reform package as drafted by the commission.

If the “Yes” vote prevails in the referendum, the constitutional reform proposals will be implemented as prepared by the commission. Upon approval, the next parliament may also be recommended to form an upper house of the legislature under a proportional representation (PR) system.

The July National Charter comprises 84 reform proposals covering various sectors of the state, of which 47 is related to the constitution. The method of implementation of those reform proposals has been a point of contention among political parties.

Most parties hold differing opinions on at least some of these proposals, while the BNP has expressed disagreement with seven key reforms.

On Sunday, the National Consensus Commission held a meeting with experts to discuss implementation mechanisms for the charter. According to sources, as of Sunday evening, around 90 per cent of the draft recommendations had been completed. The commission is expected to finalise two remaining issues this morning. Those are: a mechanism to address non-implementation within 270 days by the next parliament, and the process for forming the upper house. The commission plans to hold a final meeting this morning and submit the recommendations to the chief adviser by noon.

Sources within the commission also said that, under the proposed framework for implementation, a special order will first be issued on the basis of the mass uprising. This order will be titled the “July Charter (Constitutional Reform) Implementation Order”. A subsequent ordinance will then be issued to hold a referendum under this order.

The reform proposals will be annexed to the order. The referendum question will be phrased along the lines of: “Do you approve the July National Charter (Constitutional Reform) Implementation Order, and do you support the implementation of the proposed reforms?”

The next parliament will have 270 days to implement the constitutional reform proposals endorsed through the referendum. During that time, parliament will perform its regular legislative functions while also serving as a constitutional reform council. The entire implementation process will be outlined in the July Charter Implementation Order.

According to commission sources, some parts of the order will take effect immediately, while others will be enforced later. The order will specify the effective dates for each provision. The reform proposals will be listed in the annex, but no mention will be made of any party’s dissenting views.

Related sources said the commission will also recommend an alternative implementation model, though it will be largely similar. The only difference may be in the presentation of the referendum issue — with the possibility of placing the reform proposals in the form of a bill, on which a referendum would be held.

Although there is general political consensus on holding a referendum, parties differ on issues such as its timing, legal basis, and how reforms opposed by some should be implemented.

According to commission sources, disagreements persist among the Bangladesh Nationalist Party (BNP), Jamaat-e-Islami, and the National Citizen Party (NCP).

The commission will leave it to the government to decide whether the referendum will be held simultaneously with the national election or beforehand.

The government will also determine whether the July Charter Implementation Order is to be issued by the president or by the chief adviser.

If the reform proposals are passed in the referendum, a bicameral legislature may be established in the next parliament. This has not yet been finalised, but sources said the commission prefers to see it implemented during the upcoming term.

However, there remain procedural questions regarding how this could be done before the constitution is formally amended. For example, the proposal requires that lists of candidates for the upper house be published before the general election, while the upper house itself would be constituted only after parliament adopts the reform proposals.

According to National Consensus Commission sources, experts at Sunday’s meeting advised that it would indeed be possible to establish the upper house during the next parliament.

Following the passage of reform proposals within 270 days of convening, the upper house would be formed. If the referendum is held on the same day as the general election and passes, political parties would have 15 days to publish their lists of upper house candidates.

If the referendum is held earlier, parties would announce their upper house candidates alongside their general election nominations.

As the referendum will not reference dissenting opinions, the PR system will apply automatically to the formation of the upper house. This means that each party will secure seats in the upper chamber proportionate to the total votes it receives in the 300 constituencies.

The main point of contention over the recommendations has been the guarantee of implementation. The commission deliberated on several options in case the next parliament failed to implement the charter within 270 days.

According to relevant sources, experts advised that once the referendum approves the reform proposals, their implementation by the next parliament should become mandatory. In addition, political parties have already pledged to implement the charter, and the commission is placing emphasis on this commitment. It is still considering whether additional guarantees can be incorporated.

One commission source said no punitive measure — such as dissolution of parliament — would be imposed if the charter is not implemented within 270 days. However, the commission is contemplating a positive alternative mechanism, which is expected to be finalised this morning.

Sunday’s meeting of the National Consensus Commission was attended virtually by retired Supreme Court Appellate Division justice MA Matin, senior Supreme Court lawyer Sharif Bhuiyan, and Barrister Tanim Hossain Shawon.

Representing the commission were vice-chairman professor Ali Riaz, members Badiul Alam Majumdar, retired justice Md Emdadul Haque, Iftekharuzzaman, Safar Raj Hossain, and Mohammad Ayub Mia. Chief adviser’s special assistant for National Consensus Affairs, Monir Haider, was also present.

National Consensus Commission vice-chairman professor Ali Riaz told Prothom Alo on Sunday evening, “We have almost finalised our recommendations on implementing the July Charter. The commission hopes to be able to submit them to the chief adviser within today.”