Referendum, other options suggested for July Charter implementation
The National Consensus Commission has begun discussions with experts to ensure the legal binding of the July National Charter and to determine how it will be implemented.
On Sunday, the first day of talks, the commission met with six experts, receiving multiple alternative suggestions. These included implementing the charter through a referendum, seeking the Supreme Court’s opinion (reference) on incorporating the July Charter into a legal framework, and considering any special measures due to the prevailing special situation.
The discussions with legal and constitutional experts took place at the LD Hall of the National Parliament building, according to multiple sources present at the meeting. The possibility of implementing the July Charter through an ordinance was also raised, although several limitations of such an approach were discussed. The commission is expected to consult more experts on how the charter should be implemented.
In earlier two-phase talks with political parties, consensus and decisions were reached on 82 reform proposals. These are now being compiled into the July National Charter. However, the method of implementation has yet to be decided.
Last Friday, the commission had said the method of implementation would depend on expert and political party opinions. Yesterday’s expert meeting is part of that process. Once the expert consultations are over, the commission will hold discussions with political parties.
Political parties remain divided on the implementation method. The draft July National Charter proposes that the government formed after the next election will commit to implementing the charter within two years—a stance supported by the BNP. However, parties such as Jamaat-e-Islami and the National Citizen Party (NCP) object, arguing that a mere pledge is not enough and that the charter must be placed within a legal framework with a clear implementation process.
According to a commission press release, yesterday’s meeting was attended by retired justices MA Matin and Moinul Islam Chowdhury, the dean of Dhaka University’s Faculty of Law Mohammad Ikramul Haque, senior Supreme Court lawyer Sharif Bhuiyan, and lawyers Tanim Hossain and Imran A Siddiq.
Sources said the experts discussed various alternatives. One point raised was that if reforms must proceed within or in compliance with the existing constitution, there is limited scope for alternative implementation methods.
The current constitutional framework does not have a provision for an interim government; this government was formed largely through an exercise of the people’s power and with a Supreme Court reference, so it holds a mandate for reforms.
Some suggested that, under Article 106 of the Constitution, the Supreme Court’s opinion could be sought on making the July Charter part of the Constitution. Others suggested that, given the special circumstances, special measures could be taken, including a possible referendum. If the public gave overwhelming support and the Supreme Court agreed, the charter could be regarded as part of the Constitution as an expression of the people’s will.
Other suggestions included implementing the charter through a proclamation or Legal Framework Order (LFO). The idea of issuing an ordinance was also raised, but some noted the difficulty of using an ordinance to amend the Constitution, since constitutional amendments cannot be done that way.
Discussions also touched on when and how reforms could be implemented. Some measures could be implemented immediately by ordinance, but these would lapse if the next government does not place to pass them in parliament within the required time. For that reason, emphasis was placed on ensuring that the entire charter carries legal binding force.
Commission Vice Chairman Professor Ali Riaz told Prothom Alo that both formal and informal discussions with experts have started. The commission will consult more experts, and their views will be shared with the government and political parties.
Yesterday’s meeting was attended by Professor Ali Riaz, commission member Badiul Alam Majumdar, Justice Md Emdadul Haque, Iftekharuzzaman, Safar Raj Hossain, Md Ayub Miah, and the chief adviser’s special assistant Monir Haider.
The interim government last October formed commissions on the constitution, electoral system, judiciary, anti-corruption, public administration, and police reforms. These submitted their reports in February. The National Consensus Commission, headed by Chief Adviser Professor Muhammad Yunus, was later formed to build consensus on reforms.
The recommendations of the six reform commissions were divided into two groups. One contained 165 “immediately implementable” recommendations (excluding those from the constitutional reform commission), which are already being worked on. The other contained 166 major recommendations. In the first phase (20 March –19 May), the commission held separate discussions with 33 parties, reaching consensus on 62 issues. In the second phase (3 June–31 July), it discussed 20 unresolved core reform proposals with 30 parties, reaching consensus on 11 and recording dissenting opinions on 9.
The current discussions aim to determine how these reforms will be implemented. Once that is settled, political parties will sign the July Charter, bringing it to completion.