The Election Commission (EC) does not consider the recommendation to disqualify from the election those accused by the International Crimes Tribunal and those who remain fugitive, to be an "immediately implementable" recommendation. This constitutional institution feels that political consensus is required to determine afresh who is eligible or non-eligible for the election. This recommendation can be applicable if there is political consensus on the matter. EC sources say they are leaving the matter up to political decision.
On 19 March the cabinet division sent several recommendations from among the 9 proposals of the electoral system reform committee to the EC, marking these as "immediately implementable". The EC was asked to determine how long it would take to implement these recommendations and whether these had financial involvement. Then on Wednesday, EC sent its opinion to the cabinet division, regarding the readily implementable proposals. It agreed that 10 to 12 of these recommendations were immediately implementable.
EC agrees with the recommendation to include the armed forces in the RPO's definition of law enforcement agencies. If this is implemented, then there will be no need for any separate order to deploy the army, air force and navy for election duty
According to sources, the EC did not deem all the recommendations listed in the cabinet division's letter as immediately implementable. The EC felt that it would not be possible to immediately implement the recommendations that involved financial expenditure and political consensus. EC considered immediately implementable the recommendations that required minor amendments of the law and those that involved no political debate.
One of the 9 proposals that the cabinet division letter considered as readily implementable was 'amendment of the Representation of People Order (RPO), related to the national election. The reform commission recommended several amendments/additions of Section 40 of this law. This included recommendations to disqualify rom the election those accused in the International Criminal Court and the accused who were fugitives.
Earlier, on 18 March, the EC informed the national consensus commission its dissent concerning at least 28 recommendations of the reform commission. There too it expressed is disagreement with the recommendation to disallow accused persons declared fugitives by the court, from becoming election candidates. It said that if this provision was enacted, it may be used with ulterior motives. The reform commission recommended an amendment in the RPO, adding a provision for watermark on the ballot paper. The EC feels this will involve financial expenditure. And there was also the matter of what the watermark would feature. EC does not feel this recommendation as immediately implementable.
On the other hand, EC agrees with the recommendation to include the armed forces in the RPO's definition of law enforcement agencies. If this is implemented, then there will be no need for any separate order to deploy the army, air force and navy for election duty. Troops are deployed during the election under the clause, "in aid to civil power".
In October last year the interim government formed six reform commissions aimed at drawing up proposals for reforms in various sectors. The commissions for reforms in the constitution, the electoral system, public administration, police, anti-corruption and the judiciary submitted their full-fledged reports to the government on 8 February this year. Other than the police reform commission, 166 recommendations of the remaining five commissions were identified as important. The national consensus commission is discussing these with the political parties.
Outside of these 166 recommendations, a large number of recommendations have been identified as immediately implementable. At the meeting of the interim government's advisory council held on 13 March, a decision for implementation of the selected recommendations that could be immediately implemented.
On 19 March, the cabinet division sent at least 121 proposals of five commissions (excluding the constitutional reform commission) to 14 concerned ministries/departments. The concerned ministries and departments were asked to determine how much time it would take to implement these recommendations, if any funds would be required, and if so, how much.
Of these, 9 proposals related to laws and regulations were sent to the election commission. Each proposal contains several recommendations. These mostly concern laws, regulations and administrative reforms. These include amendment of the RPO, amendment of the election commission secretariat act, amendment of election officers (special provision) ordinance, election observation and media guidelines, amendment of the political party and candidate codes of conduct, draft affidavits, updating the voter list, examining postal ballots and ensuring transparency and integrity in political and election funding.
The election commission had taken 30 April as a deadline to respond regarding the readily implementable recommendations. The deadline ended yesterday.
EC said that there is financial expenditure involved in updating the voter list. The voter list updating initiative within the country had been done, and now a move was being taken to update the expatriate voters
Speaking to Prothom Alo in the evening yesterday, senior secretary of the EC secretariat Akhter Ahmed said the EC's views have been sent to the cabinet division. Broadly speaking, EC is agreement with around 10 to 12 of the recommendations with have no financial involvement and require only minor changes in the law. These include keeping the armed forces in the definition of law enforcement agencies and the recommendations pertaining to returning officers and presiding officers. Outside of that, there were quite a few issues that required political consensus. And certain recommendations, it was said, could be kept as they were and required no change.
Meanwhile, speaking at a press briefing Wednesday afternoon, election commissioner Fazal M Sanaullah said that the recommendations had been thoroughly scrutinised. There were three categories of recommendations. EC had handed over those that were immediately implementable and involved no political debate. EC made no comment on those that required political consensus. Some involved rules and regulations, and the EC could do that themselves.
According to EC sources, the election commission had said that there was financial involvement in the recommendations pertaining to amending the RPO and the election commission secretariat act. The EC gave it opinion on these two laws in response to the reform commission's recommendations. Concerning the election officers (special provisions) act, the EC said there was no finance involved. But they submitted their written views in this regard, in light of the reform commission's recommendations.
Concerning the election observers and media guidelines, the election commission said this had no financial involvement. The reform commission recommendation had been reviewed and preparation of the election observers and media guidelines was in the final stages.
Concerning the recommendations for amending the political party and candidate codes of conduct as well as the draft affidavits, the EC said that necessary measures for amendments would be taken at a later date.
The EC said that there is financial expenditure involved in updating the voter list. The voter list updating initiative within the country had been done, and now a move was being taken to update the expatriate voters.
Concerning scrutiny of the postal ballot issue, EC said this involves financial expenditure. It said funds were also involved in amending the electoral laws to ensure political and election funding and integrity. The concerned initiative was underway.
Earlier EC had raised certain objections to some of the recommendations of the electoral system reform commission. On 18 March, EC handed in its written objections to the national consensus commission regarding at least 20 recommendations in 10 areas. It said that if certain recommendations of the reform commission were implemented, the independence of this constitutional institution would be compromised.