Protecting impartiality in referendum is essential
The referendum is going to be held alongside the parliamentary elections on 12 February. The fundamentals of any election or referendum in a democratic state are transparency, impartiality, and the right of voters to express their independent opinions.
A massive campaign has already begun to involve government officials and employees in campaigning for a ‘yes’ vote in the wake of this referendum which some constitutional experts opined is in direct conflict with existing laws and democratic norms.
Article 86 of the Representation of the People Order (RPO) 1972 and Section 21 of the Referendum Ordinance are very clear.It states that if a person engaged in the service of the republic tries to influence the results of an election by abusing his position, it is a punishable offense.
According to constitutional expert and senior Supreme Court lawyer Dr. Shahdeen Malik, the rules and restrictions that apply to government officials and employees are also applicable to advisers with the rank of minister, state minister and deputy minister.
The campaign they are running in favour of a ‘yes’ vote in the referendum and the way they are using government institutions and government officials and employees to campaign for a ‘yes’ vote is in conflict with the relevant laws.
On the other hand, eminent political analyst Dr. SM Ali Reza of Political Science Department of Dhaka University has told this newspaper that as the democracy become freed again from the grip of fascist Hasina regime through the huge sacrifice of life and bloods of the young students in the July Uprising, the desire of the revolution must be implemented through the referendum.
Another political science professor Kazi Mohammad Mahbubur Rahman of Dhaka University said it is disappointing that many parties are rejecting the referendum in their campaigns.
Meanwhile, the Election Commission has stated unequivocally that government employees can only make voters aware, but in no way can they campaign for either ‘yes’ or ‘no’ vote.
Even if questions arise about the impartiality of those who will serve as returning or presiding officers, the legitimacy of the entire election process may be in jeopardy.
Attempting to shape public opinion for or against a cause by spending government money and using the influence of the state apparatus is against electoral ethics.
We hope that the Election Commission will exercise its constitutional powers and take a strong role in stopping this unilateral action by the administration.
It is essential also to ensure that the servants of the republic become simply servants of the law, not servants of any particular ideology or party.