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BARE FACTS

Reconstitution of the EC
Although Prime Minister
Sheikh Hasina recently (October 1) ruled out the possibility of holding the next general election under a caretaker government (CTG), she said emphatically that the Election Commission (EC) would be reconstituted and strengthened through discussions with all stakeholders, including BNP, to ensure free and fair elections.
There have been mixed reactions to the PM's statement. The BNP-led opposition has rejected it and asked for reinstatement of the CTG system abolished by the 15th Amendment to the Constitution in June. Civil society leaders and the media have opined that the CTG system is necessary to prevent rigging in the polls, and they expressed fear that the country's democratic system may be under serious threat if the stand-off between the government and the main opposition continues. They have, however, welcomed the PM's announcement regarding reconstitution and strengthening of the EC.
The PM's announcement followed the demand made by the leader of the opposition and BNP Chairperson Khaleda Zia for a neutral EC at a grand rally organised by the BNP-led four-party alliance on September 27 in the capital. Khaleda Zia said: "A caretaker government and a neutral EC are a must for acceptable polls. In the absence of those, we won't take part in the election'' (The Daily Star, September 28).
While welcoming the opposition
leader's proposal for reconstitution of the EC through consensus, the PM urged the BNP to place its demands, including the one on the interim government, in the parliament.
Some people argue that BNP will not respond to the PM's call to sit across the table to discuss reconstitution of the EC on the following grounds:
• The opposition leader has asked for fulfillment of two demands: one, reinstatement of the CTG system; and two, a neutral EC. How can BNP agree to sit with the government to discuss reconstitution of the EC when its main demand for reinstatement of the
CTG system remains ignored?
• BNP believes that the PM has, in fact, made the announcement to put pressure on it;
• The opposition finds it difficult to have confidence in the premier's announcement because of the CTG issue. The PM is on record as telling the special parliamentary committee on constitutional amendments for retention of the CTG system. Then she changed her mind and scrapped the CTG system by bringing about the 15th Amendment to the Constitution. The opposition thinks that the government will not pay heed to the suggestions made by it for
reconstitution of the EC. The proposal for sitting across the table to discuss the matter is simply a ploy to discredit the opposition.
It is true that the above arguments are not without merit. But it is also equally true that the CTG and the reconstitution of the EC are two separate issues. BNP can respond to the PM's call without compromising its position on CTG system. BNP knows well how a partisan EC can influence the results of the elections.
A report published in the daily Ittefaq of October 10 says that Speaker Abdul Hamid suggested that talks between the government and the
opposition on the CTG may first be held outside the parliament. If the government and the opposition can reach an understanding on the issue outside the parliament, then it can be formalised in the house.
What BNP should do now is not to agitate on the streets and to respond to the government's call for talks both inside and outside the parliament for realisation of its demands.
The draft law on appointment of the chief election commissioner (CEC) and other election commissioners prepared by the EC pursuant to Article 118 of the Constitution can be the basis for discussion between the government
and the opposition for reconstituting and strengthening the EC. On the invitation of the EC, all the registered political parties — except BNP — civil society leaders, editors and senior journalist have already discussed the draft law with the EC.
The BNP reportedly refused to discuss the draft law with the outgoing EC. Excepting the ruling AL, all others who attended the meetings with the EC have given their views and suggestions on the draft law. Both the ruling AL and the opposition BNP can now discuss and finalise the draft law for enactment by the parliament. After enactment of the law, the process for reconstitution of the EC should be started following the criteria in the law, keeping in view that the tenure of the current EC expires in February, 2012.
Enactment of a law to regulate the appointment of the CEC and election commissioners is necessary because in the absence of such a law during the past forty years of independence, the appointments have been at the pleasure of the government. Successive governments have generally appointed persons loyal to them as CEC and election commissioners to serve their cause, particularly to influence the general elections to the parliament.
To conclude, BNP has nothing to lose by responding to the PM's call to sit with the government for discussing reconstitution and strengthening of the EC. Rather this will raise the image of BNP in the eyes of the people. Who knows that BNP will not be benefited most from a reconstituted neutral EC in the next general election of members of parliament?
The writer is a former Secretary.