Abdullah Zobair :
The toppling of the Awami League-led autocratic regime by a mass uprising on August 5, 2024, has ushered in a new era for Bangladesh, dubbed “Bangladesh 2.0.”
This followed the July Massacre, in which over 1,500 people from all walks of life were brutally killed by ruling party thugs and loyalist law enforcement, leaving thousands more wounded.
The massacre traumatised the nation and exposed the deep dysfunction within the country’s institutions, including the Bangladesh Election Commission, notorious for conducting three consecutive unfair elections following the abolition of the non-party caretaker government provision through the 15th Constitutional Amendment in 2011.
In 2011, following a partial Supreme Court verdict, the AL-majority parliament abolished the caretaker system through the 15th Constitutional Amendment, leading to political uncertainty over election-time governance.
The 2014 general election, held under the AL government, was non-participatory and marred by rigging, with 153 candidates winning uncontested. Similarly, the 2018 election was criticized for manipulation and widespread irregularities, further eroding public trust.
The 2024 general election was widely regarded as a “dummy election,” marked by low voter turnout, violence, and rigging. Opposition leaders were imprisoned, and the predictable outcome was a victory for the ruling regime.
The future of Bangladesh now depends on restoring democracy, ensuring a fair system for power transitions, and reforming the political system and electoral process. Since the adoption of the Constitution in 1972, no fundamental amendments have empowered the Election Commission (EC). The following reforms are essential to hold fair elections:
1. Independent Appointments: The Chief Election Commissioner and other commissioners should be independently appointed by the President, as opposed to acting on the Prime Minister’s advice.
2. Jurisdiction over Election Complaints: Designated officers with election-related complaints should remain under the EC’s jurisdiction for three months after election results are announced.
3. Candidature Cancellation Authority: The EC should have enhanced authority regarding the cancellation of candidatures and parliamentary memberships.
4. Mandatory Local Nominations: National election candidates should be nominated by local committees.
5. Verification of Election Expenditures: Laws should require the verification of candidates’ election expenditures.
6. Financial Transparency: Political parties should disclose financial statements.
7. Consistent Penalties: Inconsistencies in the penalties for violating the Code of Conduct should be addressed.
8. Speedy Resolution of Election Disputes: Election tribunals must resolve complaints within six months.
9. EC Secretariat Relationship: The relationship between the EC and its Secretariat should be clearly defined.
10. Electoral Law Amendments: Electoral laws should be aligned with constitutional amendments.
11. Neutral Initiatives: The EC should avoid controversial initiatives and work positively with various stakeholders.
12. Free from Partisan Influence: Electoral laws must be applied without partisan bias.
13. Inclusive Political Engagement: The EC should create space for all political parties to participate in reforms.
14. Capacity Building: The EC should build its capacity by empowering staff and improving infrastructure.
15. Utilising EC Personnel: Parliamentary elections should be conducted by EC personnel.
16. Financial Independence: The EC must have a separate budget to ensure its independence.
17. Monitoring and Evaluation: EC projects should include monitoring and evaluation mechanisms.
18. Public Accountability: Financial documents should be made public, and election commissioners should be accountable through annual performance reports.
19. Inclusive Participation: The EC must foster an environment that increases participation from women, minorities, and people with disabilities.
While the Election Commission plays a crucial role in ensuring free and fair elections, it is not solely responsible; many stakeholders contribute to the process. Nonetheless, the EC’s role remains irreplaceable for conducting credible elections.
(Mr. Zobair is researcher with interests in elections, governance, and SDG finance).