The EC can’t see, others can

Chief election commissioner KM Nurul Huda’s expectations have been met. On Thursday he told election officers during their training that “we had hoped for a competitive election, and our hopes have been fulfilled. We had hoped for an inclusive election, and an environment for that has been created.”

If all the election commission (EC) wants is a competitive election, then the question is whether at all they aim for the election to be free, fair and credible. Their aim is to ensure that the election is not an uncontested one like that of 5 January 2014. Perhaps their model is the city corporation polls which were inclusive, though the people of the opposition were arrested, polling centres taken over and ballot boxes stuffed at will. They are not bothered about what the voters want or what responsibility the constitution has laid on their shoulders.

At that same training programme, the CEC said they had seen no violation of the electoral code of conduct during the nomination paper submissions. It is not expected that he would personally see any such violation of the code. After all, no one was going to his office to submit the nomination papers. Perhaps the deputy commissioners and other government officials who are acting as returning officers or assistant returning officers are also keeping their eyes closed for some unknown reason, or are sending incorrect information to the commission.

The commission has simply disregarded the pictures appearing in the media and the complaints of the contestants without any inquiry in the allegations. Do they not realise that by doing so they are losing their credibility? Is it too difficult to verify the pictures of the finance minister’s brother going to submit his nomination paper in Sylhet with a procession, the deputy speaker depositing his nomination paper flanked by two policemen, the ruling party candidate being entertained like a guest in the returning officer’s office room in Magura, the candidates in Rajshahi and Barisal putting on a display of their muscle power?

However, if the statement which one of the commissioners, Rafiqul Islam, made on Friday regarding the commission’s inabilities and limitations is to be taken into cognizance, then it surely is better not to expect a fair and credible election. He had said, “We are not the government, we are the election commission. Whether it is during the election or not, there is a government. The constitution has bestowed the government with executive powers. We are not supposed to carry out their duties.” The statement he made about the opposition’s demands for changes in OCs, UNOs and DCs spells out that such changes will require a big budget and they cannot not do anything that will hamper the other programmes of the government.

Election commissioner Rafiqul Islam’s words indicate, firstly, the commission is not capable of functioning independently under a political government. Despite being constitutionally empowered, their powers are restricted by political realities.

Secondly, the government has simply rejected or obstructed the commission’s attempts and failed attempts to bring about changes in the administration.

Thirdly, his words also point to the dilemma which the commission faces. He told newspersons, it is a violation of the electoral code of conduct if election campaigns are carried out in Gonobhaban, but not when retired military officers go to meet the prime minister there. And yet reports show that the statements made during the meeting with the former military officers were unequivocally political, rife with criticism against the ruling party’s chief opponent.

It is not that the biased stance of the administration in the election, the abuse of state facilities by the ruling coterie and the failure or inabilities of the commission is just being noticed within the country. While foreign quarters are not taking up any significant observation programmes, none of this is escaping their notice.  Given the 2014 experience, they are keeping watch on this election too, as is evident in the House of Commons Library research briefing drawn up for the British MPs: “The ‘playing field’ remains far from level. Official harassment of political opponents remains intense. The AL enjoys the advantages of incumbency.” It also said that the rules of the game remain low and that most pundits expect victory for the incumbent Awami League.

This may enthuse Awami League, but the fact remains that the election commission and the government have pitched the polls into question. An unequal contest can, after all, in no way be deemed fair.

It is a rare occurrence that Bangladesh will be a focal point of discussion in three cities of the world on the same day. This was 15 November. In the resolution adopted at the session of the 28-member European parliament held on that day in Strasbourg, it was said that this election was the last chance for democracy in Bangladesh.

On the same day, at London’s Royal Institute of International Affairs, better known as Chatham House, similar concerns were expressed about Bangladesh’s election. Attended by diplomats, researchers and policymakers, the meeting expressed apprehensions about the future of democracy in Bangladesh following the elections. It was feared that if the ruling party won the election, it would annihilate the opposition and become all the more authoritarian. On the flip side, if the opposition won, there was trepidation that it would seek vengeance.

Again, on the very same day, concern was expressed at the Tom Lantos Human Rights Commission of the US Congress in Washington, about continuous violation of human rights in Bangladesh and the importance to ensure a credible and fair election. The statement made by the Human Rights Watch representative at the meeting was hardly surprising. Previously the US-based National Democratic Institute’s pre-election report had pointed to advantages taken by the incumbents and allegations of repression against the opposition as an obstacle to free, fair and credible elections.

In the backdrop of pre-election dialogue, it had been hoped that things would change for the better. But the arrested have not stopped. Fictitious cases are filed against opposition candidates on their way home from submitting their nomination papers. There is still time to bring the situation under control. If the election commission has been blind to the irregularities and violations of the electoral code of conduct and the misuse of power, then it is high time they change their glasses. They might not be able to see, but the rest of the world can.

* Kamal Ahmed is a senior journalist. This piece appeared in the print version of Prothom Alo and has been rewritten here in English by Ayesha Kabir