National charter for state repairs
The recent agitation of the young students wasn’t just for safe roads. It was a demand for the corruption-ridden, regressive and discriminatory state structure to be ‘repaired’. The transport sector itself is a glaring example of how the state structure protects the interests of a certain coterie, rather than that of the common citizens.
Certain extensive deep-rooted reforms are required to bring about fundamental changes to the state structure. Such changes call for political understanding and consensus. After all, these reforms are to be a reflection of the people’s wishes.
For over a decade now, Citizens for Good Governance or SUJON (Shushashoner Jonno Nagorik) has been mobilising public opinion for a national charter that comprises certain long-term reforms. This could be a document for consensus among the political parties and other concerned quarters.
The propositions of the national charter are:
1. An effective national parliament: Making the national parliament an independent and effective institution so that it can ensure transparency and accountability of the executive. A code of conduct for members of parliament and a ‘parliament and parliamentarian’s rights and impunity act’ will be drawn up in accordance to the constitution. The parliamentary standing committees will be activated.
2. Independent judiciary: Separating the judiciary in the real sense to ensure independence of the judiciary and establish the rule of law. Enacting a law for the appointment and impeachment of Supreme Court judges. Bringing an end to the culture of influencing the court, the lower courts in particular, and against filing political harassment cases and withdrawing cases on political consideration.
3. Neutral election commission: Enacting a law to restructure the election commission in keeping with the constitution and making appointments to the commission accordingly. Providing the commission with necessary funds and independence in appointing personnel and making required changes within the legal framework in order to increase the competence of the commission to ensure credible elections.
4. Constitutional reforms: Possible areas of constitutional reforms can include creating an expert committee for constitutional amendments, creating a balance of power between the president and the prime minister, reserving one third of the parliamentary seats for women, reforming Article 70, giving constitutional recognition to the ethnic minorities, reinstating the provision for referendum, forming a large electoral college to elect the president, establishing an upper house in parliament, having provision for a term limit, etc.
5. Democratic and transparent political parties: Electing leadership in political parties through democratic process, ensuring transparency in nominations and funding of political parties and ending the partisan culture, in order to create democratic, transparent and accountable political parties. The political parties must pledge to shun extremism, communalism, vendetta and violence. The political party wings and affiliated organisations must be abolished.
6. Independent constitutional institutions: The independence and efficacy of the anti-corruption commission, the national human rights commission and the information commission must be ensured through appointing the correct persons and making relevant legal reforms.
7. Concerted drive against corruption: Setting up a special tribunal to try corrupt persons and impart exemplary punishment. Taking effective action against capital flight and ensuring necessary measures to being back the money from abroad. Appointing an ombudsman.
8. Appropriate administrative reforms: Drawing up an up-to-date administrative act and reforming the outdated police laws in order to ensure the neutrality and professionalism of the administration officials and the law enforcement agencies, and bringing an end to the ‘appointment trade’ to make these into genuine service providing institutions.
9. Decentralisation and local government: Preparing and implementing a strong decentralisation policy and rendering the local government institutions independent and effective in accordance to Articles 59 and 60 of the constitution. Spending 50 per cent of the Annual Development Programme funds through the local government ministry and implementing the court order against the involvement of the members of parliament in local government.
10: Freedom of the media: Ensuring freedom of the media through relevant legal reforms. Forming a national broadcast board to appoint qualified and neutral persons to the state-owned media in order to ensure objective news.
11. Protecting human rights: Reforming Section 57 of the ICT act and all other repressive laws in order to ensure freedom of expression. Bringing an end to the culture of violating human rights halting abductions, forced disappearances and extrajudicial killing.
12. A new social contract: Provision of loans, subsidy and other facilities to the backward communities of the society in order to ensure their fair share of state resources. Ensuring proper education and health services for their families and introducing crop and health insurance for them.
13. Environmental balance: Taking effective measures to maintain biodiversity and environmental balance. Taking up long term planning for protection against the impact of climate change. Reassessing development projects that may be harmful to the environment.
14. Financial sector reforms: Bringing about necessary legal reforms, putting the corrupt persons on trial and punishing them in order to prevent pilferage and establish discipline in the financial sector. Ensuring independence of Bangladesh Bank and carrying out close monitoring of the banking sector.
15. Investment in youth: Investing more in youth to take advantage of the demographic dividend. Ensuring quality education, healthcare and security for them. If the youth is deprived of these facilities, the demographic dividend can become a demographic nightmare.
If this 15-point national charter can be implemented, the road will be clear to repair the state and establish good governance at all levels. However, a democratically elected government will be required to implement the national charter. That is why we will also need a consensus to take steps to ensure a credible election.
An independent, neutral and effective election commission is imperative for a free, fair and credible election. However, even the strongest election commission cannot ensure a credible election unless, in accordance to Article 126 of the constitution, the administration and the law enforcement agencies extend their cooperation to the commission. In other words, a strong election commission is necessary for a credible election, but that is not sufficient. Due to the steady and uncontrolled politicisation of the administration the law enforcement agencies since 1991, it is no longer possible to hold free and credible elections under a political government. That is why we need to reach a consensus for an election-time neutral government.
It is clear from the experience of the five recent city corporation elections that the present election commission is not capable of conducting a credible election. That is why the election commission needs to be reshuffled before the election. There should be provision for a ‘no-vote’ and reforms must be made in the Representation of the People Order, 1972. The parliament must be dissolved before the election.
We hope that in response to the young students’ demand for state repairs, our respected politicians come forward for talks at a national level. The proposed national charter can be used as a preliminary agenda in such discussions. We hope they reach a political understanding, that they sign a national charter, and establish democracy through a credible election. We can then do away with all violence, conflict and uncertainty, to move as a nation towards peace and prosperity .
* Badiul Alam Majumdar is secretary, Citizens for Governance (SUJON). This piece has been rewritten in English by Ayesha Kabir.