***After creating a congenial environment for staging a meaningful dialogue, the ruling party, holding the reins ofthe government, should seriously and properly invite the opposition to a dialogue through a letter and indicate that the agenda would be to discuss ways and means for ensuring free and fair elections at all levels and to restore a democratic tolerant atmosphere the maintenance of which will be responsibility of all political parties***

THE nation has noticed with deep interest some suggestions emanating out of the intelligentsia regarding the way future elections can be held in the country and the possible solutions of the present political impasse that has created a critical situation. Executive Chairman of BRAC Fazle Hasan Abed, and Former Foreign Secretary Faruq Choudhury have come forward with some ideas and Mr. Faruq Choudhury recently enumerated a few concrete proposals in this regard in the Prothom Alo. a leading Ban-gall daily. That created quite a stir and there were comments on the proposals by Professor Zillur Rahman Siddiqui. Former Vice Chancellor Mr. Maniruz-zaman Mian and Mr. Monaem Sarkar. It is very interesting and encouraging that three eminent persons, generally held to be representing the current major political thought processes in the country, occasionally confrontational in nature. welcomed and in general terms agreed with the main ideas contained in the proposals. In the Daily Star also Mr. Mostafizur Rahman recently wrote on the same subject and his ideas were also in the same line. The current situation obtaining in the country and these expressed views would lead one to think that the nation is weary of the present dismal state of affairs and would like to urgently see a way out — to look for light at the end of the tunnel.

This, however, would be possible only if there is a consensus among the ruling party and the opposition regarding the ways to solve the critical problems facing the nation. Time is fast running out. So long, it could perhaps been possible for the Awami League to sit with the major political party — the BNP — and thrash out the problems. Now with the alliance of the political parties in opposition becoming a reality, the ruling party will have to deal with the combined opposition which would be a more difficult task. It is quite baffling as to why. in spite of verbal assurances. Prime Minister Sheikh Hasina never seriously took up

the proposal of a dialogue and as a matter of fact, did everything possible to ensure that this should not take place by, inter-alia, personally maligning the leader of the opposition Begum Khaleda Zia in a crude and unacceptable manner and subsequently justifying her act by saying that every one has the right to behave in one's own cultural pattern.

However, the way she invited the leader of the opposition for a dialogue seemed to be more of a crude joke and did not quite, to the best of our knowledge, fit into the generally known cultural pattern or norm of any civilized individual or community. The Daily Star in its editorial comments on November 25 called the Prime Minister s expression of willingness to extend invitation for dialogue "an impulsive and casual unveiling of a game plan to make a dialogue offer to Begum Zia' and thought this to be a "dramatized and inherently light hearted move", and many others thought the same way. It is high time that it is realized that politics in our country, or for that matter, anywhere else, is too serious a matter to be dealt with such flippant wantonness.

But dialogue, there has to be. There has to be discussions ■ and consultations to find out ways of avoiding bloody confrontations, of shunning destructive hartals, of re-establishing shattered confidence in democratic process and elections. After the Tangall by-election fiasco, one point stands out as incontrovertible. There cannot be any election under any government with ruling party participating in the same. These has to be a non-partisan caretaker government taking charge of the situation during elections — if their results are expected to be credible to an acceptable degree. The same arguments that the Awami League and its

associates l.e. Jamaat-e-Islami and the Jatiya Party had put up during the pre-1996 elections hold good now in much bigger strength — and would be applicable not only to general (parliamentary) elections. — but also to. municipal and Upazilla elections.

The suggestions earlier referred to describe as to how this could be materialized. The interim caretaker government may be in office for a little longer period than what is envisaged now — say for four or five months — and hold all the elections. If agreed upon, there would not be any necessity of a by-election as well. In case any parliamentary seat or an elected office gets vacant during a term, the position may be filled up by the nominee of the political party whose representative has earlier won election for the seat. The Constitution says and Supreme Court holds that If a member of the parliament crosses the floor he or She looses the seat. This is a ■recognition of the principle that a constituency votes for a party, besides the individual candidate. This practice is quite wide-spread and to the best of my knowledge is prevalent with some variation in some of the countries of Continental Europe and the USA. If the elected person. whose seat may fall vacant, happens to be an independent candidate, and has remained independent till the vacancy occurs, then the candidate who obtained the next highest vote in the general election would be declared elected in the vacant seat. If this system is followed, then there would be no necessity of any by-election.

With necessary amendments in the Constitution, if all the elections are held under caretaker government and during a pre-determined period, -then certainly the results of the elec-

tions would be. to a great extent credible and at least, acceptable. Otherwise, it has been experienced under all governments that during elections undue influences are exerted and the permanent administrative machinery utilized by the party in power. In the recent Pabna and Tangail by-elections, ministers could not be restrained from visiting the constituencies during the elections, in spite of repeated warnings by the Election Commission. Government officials and machinery were flagrantly utilized by the ruling party and independent observers and representatives of foreign missions univocally called the election as outrageous and scandalous and in no way fit to be called a part of a democratic process. In elections under a caretaker government, at least this type of a situation would not be created.

There are also other advantages of the suggested system. If all the elections are held during, say. a one-month period. then the cost of EC and the government would be much less. The normal activities in the country also will not be frequently hampered. Political tempo, which is generally created in elections, by continuous political activities advocating the superiority of one political party over the other ana campaigning for candidates of opposing polii- • ical camps, keep on creating friction and tension in the society. If all the elections are held in the same period then this possibly can be avoided to some extent throughout the period of the term except the election time. Permanent government officials in the constituencies also will not be.exposed to situ-

ations during parliamentary byelections and Municipal and Upazilla elections where they are likely to be seen hobnobbing with ruling party candidates through visiting ministers or people at high government positions. This would help creating a favorable impartial image of government functionaries to some extent.

Holding elections without participation of opposition political parties and having a nonfunctional Parliament do not anyway signify a democratic government. In the recent byelection in Rajshahi. in a Charghat polling centre, out of 1852 votes, only 12 votes were cast, out of which 11 were for the ruling party candidate and the 12th vote was declared invalid. In Serajgonj by-election, only 6 percent votes were cast in Daliarpur Primary School Centre and it was alleged that most of these votes were also fake. In all these elections without participation of Opposition political parties the same thing will happen. The persons who would be declared elected to Parliament in a by-election or in , Upazilla or Municipal elections where Opposition parties do not participate would not be considered as truly elected representatives and will not have effective acceptance. And then, in the next general elections, what happens if the Opposition political parties do not participate? A repetition of February 15. 1996?

It is now certain that the Opposition political parties would not participate in any general or by-election, and in local government elections unless the demands of the opposition are met. An election in a

democracy where the Opposition political parties do not participate in elections is a sham democracy. With a non-functioning Parliament, these type of elections which Involve not only wasteful expenditure but look as a mockery of a democratic process may ultimately make people think seriously of other alternatives. This would indeed be dangerous.

I have talked informally with a few high-ranking diplomats and independent observers who also think that the type of democracy we are practising is no democracy at all. The government should not forget that making the country run through a democratic process is its Constitutional responsibility and it should seriously explore as to how the opposition political parties could be brought back to take up their roles in a democratic set-up. The government will have to immediately cease causing harassment to opposition political party activists and leaders, stop atrocities and violation of human rights and allow free and constitutional democratic activities. After creating a congenial environment for staging a meaningful dialogue. the ruling party, holding the reins of the government, should seriously and properly invite the opposition to a dialogue through a letter and indicate that the agenda would be to discuss ways and means for ensuring free and fair elections at all levels and to restore a democratic tolerant atmosphere the maintenance of which will be responsibility of all political parties. Specifically speaking the subject, for discussions, should be finding Constitutional means for installing Care-taker government for holding all elections and further strengthening of the Election Commission. There is no alternative to that if the nation wants to sustain democracy.

The author is a former Secretary to the Government and former Vice President, Islamic Development Bank. Jeddah.