Jamaat won't accept constitutional amendments that bypass referendum verdict, vows to step up street protests

Bangladesh Jamaat-e-Islami believes the Bangladesh Nationalist Party (BNP) government is using its two-thirds majority in parliament to pursue constitutional amendments through the existing procedure rather than implementing reforms in line with the referendum verdict.

The party therefore intends to intensify protests on the streets alongside its activities in parliament, hoping to pressure the government to change its position. This was learned from senior Jamaat leaders.

Jamaat leaders believe that constitutional “amendment” and constitutional “reform” cannot be treated as the same thing. In their view, the public mandate obtained through the referendum was not merely for amending certain provisions of the existing constitution; rather, it was for implementing the constitutional reform proposals set out in the July Charter.

The leaders fear that the government may use its two-thirds parliamentary majority to amend the constitution on its own terms. They argue that participating in the special committee would lend political legitimacy to this process, which is why they have not nominated any representatives to it. Under the circumstances, they want to step up protests alongside their parliamentary activities to put pressure on the government to change course.

Jamaat leaders, however, do not currently view these programmes as a movement to topple the government. They say they are taking to the streets to secure implementation of the referendum verdict and the July Charter, as well as to build public support for demands concerning the public interest. They have warned that the programmes will be intensified if these demands are ignored.

On 6 October, Jamaat Assistant Secretary-General Ehsanul Mahbub Zubayer told Prothom Alo that the government was using its two-thirds majority to form a committee and attempt to amend the constitution on its own terms. Jamaat wants to intensify its street movement to prevent the government from doing so, he said.

Alongside demanding implementation of the referendum verdict, Jamaat has also questioned the need to hold another referendum. In a Facebook post on 28 September, Jamaat Assistant Secretary-General Hamidur Rahman Azad raised questions about the constitutional status of the previous referendum verdict, the necessity of holding a fresh referendum on the same or a related issue, and the legal basis for doing so.

Speaking to Prothom Alo on 6 October, Hamidur Rahman Azad said the government was talking about holding another referendum instead of implementing the existing verdict. He called this a betrayal of the nation. The government could amend the constitution using its two-thirds majority, he said, but such an amendment would not be sustainable.

A referendum was held alongside the parliamentary election on 12 February. Nearly 70 per cent of voters voted “Yes” in favour of state reforms.

The July National Charter (Constitution Reform) Implementation Order stipulated that, if the “Yes” vote won, a Constitution Reform Council would be formed comprising representatives elected to parliament. The council would exercise constituent powers over constitutional reform and complete the process within a stipulated timeframe.

In line with this provision, elected members of Jamaat and the National Citizen Party (NCP) took oaths as both members of parliament and members of the Constitution Reform Council. Elected BNP lawmakers and members of its alliance did not take the second oath. As a result, the council was not formed.

On 13 July, parliament formed a 12-member Special Committee on Constitutional Amendments, chaired by Home Minister Salahuddin Ahmed. The committee is tasked with making recommendations on necessary constitutional amendments and submitting a report to parliament.

Since September, the special committee has been holding consultations with political parties and alliances that signed the July Charter. Although the committee sought the names of five representatives from opposition parties, neither Jamaat nor other opposition parties nominated anyone. Committee Chairman Salahuddin Ahmed has said the aim is to prepare a report by December after discussions with various political parties and stakeholders.

At a press conference at the National Press Club on 20 September, Jamaat Secretary-General Mia Golam Porwar said parliament was an institution created by the constitution. When it came to fundamental restructuring of the constitution, he said, the people were the ultimate source of sovereign power.

An alternative process could not be treated as having the people’s mandate if it bypassed the process approved by voters in the referendum.

Asked for comment, Mia Golam Porwar told Prothom Alo on 6 October that the government was moving towards constitutional amendments through a “people-hostile and unlawful” process. To give priority to the interests and aspirations of the people, constitutional reform must be carried out in accordance with the referendum verdict, he said.

Mia Golam Porwar added that opposition parties were organising long marches and other programmes to build public support for implementing the referendum verdict. If the government did not meet their demands, street protests would be intensified further, he warned.

The Jamaat secretary-general said the BNP government would eventually accept the demands after creating unnecessary complications, adding that the party had acted in a similar manner in the past.