Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 952 Sat. February 03, 2007  
   
Point-Counterpoint


Re-constituted Election Commission: Crucial role ahead


The Acting Chief Election Commissioner and other Election Commissioners have finally yielded to the public pressure and submitted their resignation letters to the President to enable him to reconstitute the Election Commission with appropriate persons having requisite background and adequate experiences for delivering the goods upto the satisfaction of at least the major players of the election game.

At this critical juncture of our national life, it is expected that the newly appointed chief election commissioner and other election commissioners will have sufficient administrative and financial powers to make the organisation they will work for really effective, autonomous and powerful to fulfil the national commitment. They need this power and authority for holding successfully the next parliament election in a free, fair and credible manner as the nation expects from them.

For a developing country like Bangladesh where democratic institutions have not been firmly rooted and people are yet to be made fully prepared for democratic norms and practices, free, fair and credible elections are essential for continuance of democratic system of governance. Elections are the only means available to the people to express their will and opinions through ballot. Credible elections are a must for ensuring the trust and confidence of all in order to earn the right and authority to govern.

Thus the role to be played by the newly constituted election commission will be, as many people are of the view, more important than the traditional role of the caretaker government in assisting the election commission in conducting the election-related matter. Possibly for the first time the chief election commissioner and other election commissioners will join the commission at the same time and also in a historic moment of our national life with a well-defined mission and goal .The commission will have to play a major role in shaping the future politics of the country. It will pave the way to show the nation that it is possible to update the voters list correctly and appropriately as per the guidelines given by the Supreme Court. It can create new examples of participatory elections in a level-playing field where the influence and control by money and muscle power will not be any factor.

But what the Commission will really need for performing the assigned as well as the much expected job of conducting an acceptable and credible election is the power and authority both administrative and financial for functioning independently of any government ministry or division. The commission may like to frame some new operational guidelines and policy planning after consultations with relevant government ministries/divisions as well as with representatives of different political parties civil society organisations and other professional bodies.

Among others, the two fundamental jobs of the Election Commission are to fully prepare the ground and to conduct the real show that is the election. While preparing the ground the election commission must ensure that proper voter registration, voter awareness activities and other preparations are equally acceptable to all the participating players. The primary duty of the election commission is to ensure the transparency of the polling in order to achieve the confidence of all the electoral players specially the candidates and the voters. And once the newly constituted election commission is able to fully implement the electoral laws and other election related guidelines and understandings, if there are any, through discussion and consultation, and is able to gain the confidence of all the participating players of the election game, many of our much talked about electoral reforms will practically be in place.

Generally speaking all citizens of voting age, irrespective of race ,ethnicity, class, religion, status or gender have the unhindered right to register as voters. They have also the right to freely participate in election campaigns and to make voluntary choices when casting their votes. Free and fair elections are necessary as pre-requisite for a democratic system of government. Democracy is generally defined as a political system in which citizens enjoy fundamental rights such as freedom of speech, expression, association, assembly and movement, and choose their representative through regular free, fair and transparent multi-party election. The rule of law and respect for basic human rights also characterise democracy.

However, a lot of questions have recently come up in the forefront of our political arena about the authenticity, credibility, accountability and genuineness of our present electoral system specially about the role being played by money and muscle power in influencing the nomination part of the election game as well as in getting the support of the voters. Many have even started a campaign against the politicians blaming them for such a deteriorating political trend in the country. Are the politicians solely responsible or the system for such a deteriorating political trend?

Practically what is the real position? The trend of rigging the elections and adoption of all sorts of foul electoral practices only to get the stamp of authority and the right to rule the country were set in with the commencement of martial law or military rule in the country. General Ziaur Rahman who fully involved himself in the national politics even remaining in uniform arranged a sham referendum shattering all the norms and practices of politics. Even hundred percent voters turn out was shown in some areas. General H.M. Ershad followed almost the same practice in the name of referendum to justify his assumption of power.

The practices of large scale vote riggings and other manipulations like use of money and muscle power nakedly and publicly got intensified in the second and third parliamentary elections of 1979 and 1986. The election riggings and other abuses witnessed in the fourth parliamentary election in 1988 under military dictator General Ershad were termed unprecedented in the history of electoral fraud and use of money and muscle power and by that time people had already lost their confidence in the electoral system of the country. The opposition as well as the media both local and foreign ridiculed the voters turn out of around fifty four percent as claimed by the election commission and there was a general thinking amongst the people of the country and the diplomatic community that the actual turn out was very very low.

Anyway, as for the political reform agenda as some of the civil society have been advocating for the last several months, the present non-party caretaker government under the leadership of Dr. Fakhruddin Ahmed may take the initiative to form a well-represented committee headed by one of his Advisers and with members of major political parties, civil society organisations, journalists , academicians and legal experts to work out the recommendations both short term and long-term which should normally be implemented by political government. One or two former chief election commissioners may also be included in the committee for political reform. One or two urgently needed reform measures may be undertaken by the caretaker government if they consider them really needed for holding the next election in a credible and acceptable manner. Basically things like long-term electoral reform or political reform having far reaching consequences and impacts will require constitutional amendment and must be handled by political government having mandate from the people and not by a caretaker government having a limited assignment.

Generally speaking, politics should always be politicians job, although the recommendations and suggestions of the civil society organisations, academicians and professionals for reform in the existing electoral system as well as in political pattern warrant attention of the politicians with due importance and emphasis. In fact, the politicians are in a better position to identify the political problems including electoral issues and are able to find out their suitable solutions than others. Discussing about martial law or rule by any other authority without people's mandate, late Professor Razzak of Political Science Department and Professor Emiratus, Dhaka University very often used to tell his students like me that politics should be the game of the politicians. However, the positions need to be genuine, of course.

Zahid Hossain is a political analyst.