EC dialogue: Success of EC depends on polls-time government

CEC Kazi Habibul Awal

Whether the election commission would be able to exercise the power conferred to it by the law and constitution or not highly depends on the polls-time government, the eminent citizens of the country said during the dialogue with the EC on Tuesday.

They, however, said a fair election is not possible under a partisan government.

According to them, the EC can propose the government to amend any law or the constitution if needed for holding a fair election. The ECs should have the mentality to resign if they find holding a fair election impossible.

The EC held this dialogue with the eminent citizens at the Nirbachan Bhaban (election building) on Tuesday ahead of the 12th parliamentary election. A total of 39 eminent citizens were invited. Of them, 19 attended the dialogue. However, two of the invited people are out of the country at the moment.

Several recommendations came up in the dialogue, including not using the electronic voting machines (EVM) unless a national consensus is achieved, bringing the administration under the control of EC for four months prior to the election and for two months after the election results, keeping the parliament inactive before the polls, ensuring people’s right to vote without any obstruction, ensuring the safety of the voters, especially the female and the minority communities, before and after the polls, stopping the use of religion in the election and relaxation of political party registration conditions.

At the end of the dialogue chief election commissioner Habibul Awal told the newspersons, “The EC will review these recommendations from the eminent citizens. If some new laws and procedures can be added to our work plan from here and if these changes help hold an acceptable, free and fair election, then success will come.”

Taking part in the dialogue, Zafrullah Chowdhury, the founder of the Gonoshasthaya Kendra, said, “If the search committee formed for the constitution of the election commission had published the names of 10 people, the public's confidence in the commission would have increased. Some of the commissioners in the current commission are questionable because of their ‘connections’. For instance, election commissioner Md Alamgir was the secretary of the extremely failed commission. Father-in-law of election commissioner Anisur Rahman is the president of a district committee of the ruling Awami League.

Zafrullah Chowdhury further said, “It is better not to use EVM in the election. And it is not possible to hold a fair election under any partisan government.”

He also suggested giving registration to Ganosamhati Andolon and Nagorik Oikya. At the same time, he also raised the question as to whether BNP chairperson Begum Khaleda Zia would be able to take part in the national polls.

Stressing the importance of the election-time government, Debapriya Bhattacharya, a distinguished fellow of Centre for Policy Dialogue said, “As we have seen during the national polls of 2014 and 2018, whether the EC will be able to exercise its power conferred by the law and constitution of the country largely depends on the election-time government. The polls-time government should be indifferent to the outcome of the election.

Mentioning that to regain people’s confidence in the election commission is a big challenge, Debapriya Bhattcharya further said, “The EC must effectively exercise the powers conferred by the constitution and the law. The EC will have to see whether it will be able to change the way the government appoints police and administration for political reasons before the election, and whether foreign observers will be able to come or not.”

He also called for increased vigilance on pre-election and post-election violence, and for ensuring the voting rights of voters from minor communities, ethnic minorities and remote areas.

Debapriya also suggested the EC come up with a pledge to the voters. He said, “The EC should have the courage to resign if they cannot work independently.”

Iftekharuzzaman, executive director of Transparency International Bangladesh (TIB), said, “A fair election depends on the conduct of the polls-time government. The conduct of the polls-time government should be acceptable to all. It also needs to be seen whether it is essential to amend the constitution, or how logical it will be to hold an election without dissolving the parliament in the current context.

Addressing the EC, he said, “If you are convinced that a fair election is not possible without these amendments, then step down. Set an example. Create pressure on the stakeholders. The people will be with you.”

Iftekharuzzaman further said for whatever reason the election commission has turned into a government organisation. It is no longer an organisation of the state. Their allegiance is to the government, not to the state.

Mohammed Farashuddin, former governor of Bangladesh Bank, stressed on not using EVM saying 'EVM is always controversial in every country'.

He said, “The main hope during the voting is the field administration. From four months before the announcement of the national election schedule to two months after the vote, appointments and transfers in the administration should be brought under the control of the EC. He proposed to the EC to advise the government to keep the parliament inactive for four months from 30 September 2023.

Referring to India, former cabinet secretary Ali Imam Majumder said, “It is possible to hold elections under a partisan government. However, the last two national elections had failed to prove that in the context of Bangladesh.”

Professor Nazrul Islam, former chairman of the University Grants Commission thinks a courageous election commission is essential for holding a fair election.

He said, “The Narayanganj city polls have proven that it is possible to hold a fair election if there is will.”

Special fellow of CPD Mostafizur Rahman said, “The EC has to ensure a proper work environment for the election observers. It has to ensure the security of the voters before and after the polls.”

Writer and researcher Mohiuddin Ahmed said the last fair election under a partisan government was held in 1954. It is never possible to hold a free and fair election when the ruling party takes part in it.

Shaheen Anam, executive director of Manusher Jonno Foundation, said, “The EC must ensure that the voter can cast their votes without any fear. Special attention should be paid to the voters of minority communities, ethnic minorities and remote areas.”

Leadership Studies Foundation’s chairman Sinha MA Sayeed said a fair election cannot be held without the help of the election-time government.

Recapitulating the discussion CEC Kazi Habibul Awal said, “Hundred per cent success might not come. Some are saying if the election is even 50 to 60 per cent acceptable, then it will be a huge success.”

He further said, “There is no lack of legislation for the election commission. But there is a lack in the actual implementation. We will try to increase our enforcement capacity. If we succeed, it will create trust among the voters. There have been questions regarding the credibility of EVM. The positive side of using EVM is that it can count votes rapidly. But there are some difficulties in recounting. The EC has to see whether EVMs are being used for vote rigging or if it has any other problems or not.

Among the others, who addressed the dialogue are former secretaries Mohiuddin Ahmed, Abdul Latif and Abu Alam Md Shaheed Khan, coordinator of ‘Nijera Kori’ Khushi Kabir, Dhaka University professors Robayet Ferdaus, Shameem Reza, Sheikh Hafizur Rahman, general secretary of Bangladesh Indigenous People’s Forum Sanjeeb Drong, president of Governance and Right Centre Jahurul Islam.

DU professor MM Akash sent his opinion in writing as he could not attend the dialogue in person.

CEC Kazi Habibul Awal was accompanied by election commissioners Ahsan Habib Khan, Rasheda Sultana and Md Alamgir.

Invited, but did not attend

Advisors of the former caretaker government including Rasheda K Chowdhury, M Hafizuddin Khan, Wahid Uddin Mahmud, Mirza Azizul Islam, Rokeya Afzal Rahman, Sultana Kamal, Abdul-Muyeed Chowdhury and Hossain Zillur Rahman, Bangladesh University of Professionals' Bangabandhu Chair Syed Anwar Hossain, honourary fellow of CPD Rounaq Jahan, chairman of Dhaka School of Economics, Qazi Kholiquzzaman Ahmad, lawyer Shahdeen Malik, Badiul Alam Majumdar, secretary of Sushasoner Jonno Nagorik (Shujan), DU professor Abul Barakat, Bangladesh Heritage Foundation’s chairman Waliur Rahman, former high commissioner AFM Golam Hossain, professor Amena Mohsin and professor Kaberi Gayen refrained from attending the dialogue despite being invited.

The EC is organising these dialogues to seek views and suggestions of the stakeholders. The current commission headed by Kazi Habibul Awal held the first dialogue with educationists within 15 days of taking charge on 13 March.

According to relevant sources, the EC is going to hold a dialogue with the senior journalists by the end of this month.