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Jamaat's U-turn

Restores controversial phrases in party charter that challenge JS's law-making authority

Shakhawat Liton
Bangladesh Jamaat-e-Islami has again refused to accept the plenary powers of parliament to make law^ as it restored a controversial phrase in its ratified constitution, breaching its pledge not toreviveit.
Jamaat deleted the phrase that "people must not accept anyone except Allah as the law-making authority" from its constitution last October in the face of Election Commission's objection.
' The EC, which had asked all political parties to register with it prior to the ninth parliamentary' polls, found that the phrase in Jamaat’s constitution undermines parliament's power to make laws bestowed by the country's constitution, the supreme law of the land.
So, to meet the registration criteria. Jamaat submitted an amended constitution of the party, omitting the phrase and its Legal Affairs Secretary Jasim Uddin Sarker validated the omission by signing it on October 23,2008.
When contacted on Thursday over telephone, Jasim Uddin told The Daily Star that one or two words were changed in the party’s provisional constitution in consultation with the EC when the commission sought clarification of some provisions.
"We submitted the ratified constitution keeping the changes FROM PAGE 1
intact. II we do anything beyond that, it will be dishonesty," Jaslm said, adding that he would again examine these phrases in both their provisional and ratified charters
Jamaal's top policymaking body Majlish-e-Shoora submitted a resolution to the EC, promising that It would ratify the provisional changes within the July 24 deadline to conform to the provision in the Representation of the People Order (RPO).
According to the RPO, a political party will be declared disqualified for being registered with the EC if any provision in its charter contradicts with the country's constitution.
Ilie EC registered Bangladesh Jamaat-c-Isiami as a parliamentary political party on that written pledge, allowing it to contest the December 29 general election.
The party ratified other Erovisionai changes but reached the pledge oy reviving the deleted phrase and submitted its ratified charter to the EC on Wednesday.
When contacted, Election Commissioner Muhammed Sohul Hussain yesterday told The Daily Star that the EC would examine the constitutions of political parties submitted to it to see if they meet the registration criteria.
After submitting the party's ratified charter to die EC, Jamaat's Secretary General Ali Ahsan Mohammad Mojaheed claimed on Wednesday that it now meets the RPO requirements.
Officials of EC Secretariat, however, said Jamaat's ratified charter still contains many provisions that contradict the country's constitution.
These provisions include section 5(3), which calls for organised efforts to end all types of repression, exploita-
tion, corruption and injustice by establishing "just rule of Islam and of honest people”.
But (he country's constitution does not allow establish merit of rule of Islam in the country, but the rule of law, even by amending the constitution as the preamble to the constitution cannot be amended, according to a Supreme Court verdict
The preamble to the country's constitution reads: "It shall be a fundamental aim of the state to realise through the democratic process a socialist society, free from exploitation a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens."
Jamaat leader advocate Jasim Uddin said on Thursday if people of the country give them the mandate, Jamaat would bring necessary amend -ments to the constitution to establish the rule of Islam in the country.
An experts committee of the EC for reviewing constitutions of political parties has also observed that sections 6(4) and 3(1) of Jamaat's charter seek to chip away at the supreme authority of the country's constitution.
These sections encourage efforts to bring about necessary changes to the state system to ensure complete observance of Islam and safeguard the country's independence and sovereignty through revival of Islamic values and national unity.
To remove discrimination regarding sex, religion and race, Jamaat in its revised charter had included a provision to allow non-Muslims to be its member. However, the party ultimately could not remove the discrimination as a non-Muslim cannot hold any party post.
Similarly, Jamaat’s constitution does not allow women to enjoy equal rights in the party
While registering it, the EC did not compel Jamaat to make these sections conforming to the country's constitution and rather overlooked them to wrap up the registration procedure smoothly for holding the ninth parliamentary election, officials of the EC Secretariat said