Straight Line
The physics of consent and the premonitions
Muhammad Nurul Huda
POLITICAL thinkers are of the considered opinion that in terms of a hierarchy of constitutional rights, the right to vote should be placed at the top of the list because it concerns the right to full political participation or what Waldron has termed 'the physics of consent'. According to these thinkers, at the very centre of such human freedoms, the entitlement upon which the utility of the remaining liberties depend and which gives them added zest and meaning, is the right to vote. In saying so one would be pointing to a manifest example of a civil liberty. In fact, that is a key civil liberty which is realisable only through positive state action. Therefore, it follows that the right to vote can not exist in the abstract. It requires a large state machinery to make it work.The right to vote has been described as civil liberty as distinguished from other human rights because this right is a primary right that ensures political participation and from this right flow additional rights. In other words, the rights of citizens are political rights that are exercised in community with others. Such rights facilitate participation which in turn nourish and sustain a democratic polity. In such a perspective, it is only proper that we venture to appreciate the concerns of our citizens about the exercise of the right to vote in the next general election. Worries of citizens What should genuinely worry concerned citizens of Bangladesh is the peaceful and fair holding of the next general election, because the major political parties of the country belonging to the opposition have demanded basic reforms of the Election Commission and the caretaker government, without which they would not participate in the election. The government in its initial response has almost rejected the opposition's demands, adding that some of these may be discussed in parliament if the major opposition party stops its boycott of the law-making body. The opposition in turn have said that they would compel the government, through mass-movement, to accept the demands. The above positions definitely are not indicative of a positive election scenario, more so in the penultimate months of a political government in Bangladesh where, if past experience is any guide, as the incumbent's tenure nears the end, it behaves in a precariously despotic and insensitive manner, with the opposition displaying fearsome desperation to achieve its goals. So when desperation and despotism counter each other, there is a reasonable possibility of unwanted clashes taking place. Inevitability of such a scenario is encouraged and strengthened by the pathetic lack of sensitiveness to the public good by our political parties. Insofar as the next general election is concerned, it is a matter of time to see how much of the utterances and threats of both the government and the major opposition, as mentioned hereinbefore, are real policies and strategies, and how much is just posturing. Whatever be the eventuality, there is an imperative need to allay the fears of the citizens with regard to the anticipated violence and mismanagement during the upcoming general election. Past experience Most election is independent Bangladesh have experienced various kinds of malpractices. The worrying part, however, is that over the years the nature and intensity of the irregularities and illegalities have assumed such a fearful dimension that there are justifiable premonitions about the holding of an acceptable and credible national poll. Admittedly, there are causes for concern as the viability of a democratic polity affecting the quality of life of the citizens across our political divide is at stake. Looking back one may find that small level forgery, forcible closure of voting through muscle flexing by bullies of the party, voting by impersonation in some constituencies were resorted to by a section of the political party, particularly in the sensitive or remote areas of the country. By and large these did not attract serious attention as it most often did not significantly affect the national polls. The situation, however, changed ominously as extra-constitutional rule descended on the body politic and the period from 1982 to 1988 saw some of the worst electoral malpractices that were legally punishable and morally reprehensible, to say the least. Sadly for the nation, the public services of the country that included subordinate magistracy and the enforcement apparatus, amongst others, played a pathetically energised and ignominious role in the shameful stage-managed election at the behest of a malevolent autocrat. Expressions like 'Media Coup' became known for the first time in our part of the world where despite the economic adversity the general population and the election managers could be proud of tolerably healthy electoral practices. The fall of autocratic rule in December 1990 raised hopes about fair election by unfortunately the democratic aspirations got a rude jolt at the irregularities of the now lamented 'Magura by-election' and the least participated February 1996 national polls. Continuous agitation and 'Hartals' by the then opposition parties shortened the tenure of the government that followed the February 1996 election and the concept of a non-partisan and neutral caretaker government was accorded the constitutional recognition. However, this arrangement has not been fully successful in assuaging the fears of a biased and rigged election. It is pertinent to note that the caretaker government only oversees the national election while subsequent elections like by-elections for parliament and other elections to the local bodies are held during the incumbency of an increasingly overbearing and interfering party government. The recent experience of Dhaka-10 by-election for a parliamentary seat does not bode well for a fair election scenario. Electoral malpracticesIf recent experience is any guide, then one may say with some certitude that the malpractice of false or bogus voting will assume a worrying proportion in the next election which will be contested by two desperate political parties. It would be relevant to recount here that we do not have as yet a central registration of the population and the consequent provision of identity cards for each voter. This is the ground reality although we all know that impersonation and related malpractices seriously mar the credibility of our elections. The uniformed law-enforcement personnel will not be of much help in detecting the above fraud and how the election officials will handle the problem is not appreciated by many. It appears that a very vital administrative aid to ensure fair conduction of election has not received the appropriate attention. So when in neighbouring India electronic voting system is nearly complete, we are still groping and sitting over the voter ID project. Needless to mention that we have the right to know the details in this respect, because the constitutional body charged with the onerous duties of holding a credible election cannot perform its function satisfactorily without adequate preparation. Voters' list and election officials There is allegation of this list being prepared by manifestly partisan persons or beneficiaries of the present government. Should it so happen then the apprehended motivated deletion, alteration, or addition will lead to serious law and order problem. The recent appointment of 150 election officers, mostly allegedly partisan student and youth leaders belonging to the ruling party, is another problematic dimension of the conduction of election that might lead to serious altercation, resulting in violence. The fact that these persons have been appointed by the Public Service Commission will not mitigate the problem because ground reality and popular perception about the impartiality of public appointments do not appear to be reassuring. Against this background, the cancellation of such appointments as demanded by the opposition further complicates the prospect of fair and peaceful elections. It remains to be seen how the authorities handle this delicate scenario. Conduct of public servants All public servants entrusted with election duties come under the control and supervision of the Election Commission during a fixed period. That is the official position. However, posting of loyal and pliable officials in key positions by the party government prior to relinquishing power to the caretaker government has created administrative complications. In 2001, after the dissolution of government, thirteen Secretaries to the government were transferred on the very first day the caretaker chief assumed charge of office. Later on, there was large-scale transfer of Deputy Commissioners and Superintendents of Police of districts along with wholesale transfer of all officers-in-charge of the police stations of the country. Whether such massive exercise, entailing huge expenditure of the public exchequer was in the real interests of impartial conduction of national election, has not been established beyond doubt. A particular political party continues to complain that officials hostile to them were deliberately posted to key positions and that such officials acted in a very partisan manner during the election. Many such officials were allegedly rewarded with prize postings after election. Whatever be the merits of such officials, the allegations of the particular political party cannot be brushed aside under the circumstances. The key question, however, is the criteria of selecting and posting an impartial public official during election time. Officially, all public servants are regulation-bound to act in a neutral and non-partisan manner. The ground reality, however, is that officials appointed and posted by a particular party government are not considered trustworthy by the opposition. So what would be the scenario like during the next election? This issue would be very crucial because public servants in key positions have considerable influence on the election process. Without doubt, there would be demands and counter demands, allegations and counter allegations about the suitability of a particular public official. The Election Commission and the next CTG would have to do serious homework to work out their strategy to face such eventuality and come up with reasonably satisfying solutions. The quality of law enforcement prior to and during the election will depend significantly on the handling of this issue. One has to bear in mind the premature retirement and superceding of a number of public officials by the present government allegedly on grounds of partiality and unreliability. The acrimony amongst public servants, both serving and retired, cannot be wished away. Proper law enforcement would compel a hard look at such unpleasant reality. Deployment of armed forces personnel The deployment of armed forces personnel has had without doubt a salutary effect on the election process in Bangladesh. However, there were occasions when the political government was reluctant to deploy armed forces personnel even after repeated requests from the Election Commission. There were differences of opinion even on the manner of their deployment between the two authorities. The Election Commission conducts and manages the national election with the support of caretaker government, but the decision to deploy the armed services personnel for election, including its timing, rests exclusively on the President of the Republic, who, however, will have the benefit of advice of the council of advisers and chiefs of the services. Past experience indicates that while the immediate past opposition political party insists on armed forces personnel deployment one month prior to the actual holding of election, the outgoing political party that wielded power recommends deployment one week prior to the election day. The time and the manner of such deployment will come under intense public scrutiny during the next election. Prudent and efficient handling of this issue will have immense impact on the law enforcement. The Election Commission and the caretaker government will be hard-pressed to make appropriate decision on this sensitive aspect. We need to emphasise on the corrective actions to be taken with regard to preparation of voters' list, the manning of election commission, the de-politicisation of civil bureaucracy, stoppage of partisan recruitment's and promotion/postings in our concerted efforts to create the right election atmosphere. If situation remains unaltered then competent candidates can still be fielded as proposed but the victors at the polls would mostly be the mafias and the godfathers. In such an eventuality, it would only be proper for the civil society to help facilitate the creation of an honest election environment prior to fielding competent candidates. If we want to take a long hard look beyond the immediate problems besetting the polity then we must appreciate that a meaningful democracy -- the objective of honest election -- is almost impossible if politicians can continue to have a vested interest in illiteracy and public ignorance. When a republic comes to birth, it is the leaders who produce the institutions and later it is the institutions which produce the leaders. Hope lies in education by which right conduct, fear of God and love will be developed among the citizens from the childhood. There is no doubt that our history will apportion the blame and responsibility among a wide spectrum of the elected representatives who have betrayed their trust. However, at this moment when we are standing on the escalator of mismanagement and corruption, right-minded citizens cannot afford to stand frozen in disgust and dismay. We cannot merely look upon the political developments in sorrow and upon our politicians in anger. Honest and knowledgeable persons must devote themselves to the task of educating public opinion and the younger among them should stand for election in large numbers. If people refuse to accept any but the best citizens as candidates, it would usher in the golden age of our republic. Democracy gives, as life gives what we ask of it. From the above it appears that unless sufficient precautionary and remedial political and administrative actions are taken in time, the election scenario will remain fraught with grave threats to public peace. The major political parties have a do or die mentality in their preparation for the battle at the polls, which undoubtedly does not bode well of a democratic polity. For many, this looks like the last election of their lifetime. Unfortunately, such smaller men and women who somehow have been thrust into positions of national responsibility are unable to look beyond their nose. The myopia of such elements disgraces the inherent goodness of our common folks, whose resilience and patience demand an enlightened management of the affairs of the state, including the election. Muhammad Nurul Huda is a former Secretary and IGP.
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