Caretaker controversy and the army
Ghulam Rahman
Prime Minister Khaleda Zia, once a docile middle-class house-wife, by now has become a shrewd politician. I believe, she is a wise, tolerant, and patriotic leader committed to democracy and the welfare of the people. However, her recent moves and utterances have dismayed me, as I find in them ominous portents.The prime minister in a public meeting at Banshkhali on August 29, said that the chief advisor to next caretaker government (CTG) will be appointed as per the constitution. Further, she declared: "Elections will be held in accordance with the constitution and the chief advisor will assume office as per constitution. It does not matter who accepts it or who does not." She also opined that the Election Commission is performing its functions properly, but the opposition is not cooperating with it and obstructing its assigned functions. Earlier in the morning, she addressed a "darbar" of army, navy, and air force in Chittagong cantonment where she said: "As per constitutional provision, a caretaker government will take over on expiry of our tenure in October this year and make arrangements for holding a free and fair election." She then emphasized that members of the armed forces not only participate in war but also cooperate with the civil administration during "crisis time." She reminded the troops of defense forces taking part in maintaining peace and in restoration of democracy in different countries. Finally, she expressed her conviction that members of the armed forces will play their effective role in holding the forthcoming national election. A careful reading of the PM's views expressed in the public meeting and her address to the troops in Chittagong, which she repeated in Rajshahi and Bogra later, indicates that she is in no mood to reform either the CTG system or the Election Commission as demanded by her political opponents and intends to hand over power to a caretaker government of her choosing with the current EC in charge. She is, however, apprehensive of a "crisis" erupting when the CTG will be saddled in power, disrupting its ability to govern the country and conduct the elections. Therefore, she is suggesting that the armed forces get involved by upholding the authority of the CTG and quelling opposition, if there is any, in its holding elections. Her logic for expecting armed forces backing for forthcoming CTG is that it would be a constitutional government. The CTG is a unique form government which exists nowhere else in the world. The CTG concept has not developed in a day or out of the blue. We witnessed its birth in Bangladesh in an environment of usurpation of state power by autocratic military rulers and bankruptcy of democratic and moral values. General Ershad, in the face of unprecedented agitation for people's democratic rights, relinquished power in 1990 to a caretaker government which was formed on the basis of consensus of opposition political parties. The BNP formed government in 1991 but could not keep from large-scale electoral irregularities in the March 1994 Magura by-election. A democratically elected government, like its predecessor, lost trust. This sparked nation-wide political unrest and the demand for incorporation of a provision for a neutral caretaker government in the constitution for conducting free and fair election and orderly and peaceful transfer of power. In February 1996, the BNP government organized a fraudulent election in a voter-less poll amid non-participation of the AL. The new BNP government lasted only to enact an amendment to the constitution incorporating provisions for a neutral CTG for holding election at the expiry/termination of tenure of each elected government. In 2001 election, BNP-led four-party alliance won a thumping victory of two-thirds majority in the parliament and formed the government. Ironically, once saddled in power it embarked on a plan to perpetuate its rule through an engineered "make believe" fraudulent election in 2007. It started tampering with every state institution responsible for holding a free and fair election. First, the constitution was amended to raise retirement age of Supreme Court Judges from 65 to 67 years to pave the way for a BNP loyalist, the then Chief Justice K.M. Hasan, to become CTG chief during 2007 election. Second, President Badruddoza Chowdhury, another BNP man, was removed from office when he tried to uphold the "neutral image" of "presidency" and present president Dr. Iajuddin Ahmed escaped removal in the face of hue and cry of the media and the opposition political parties, particularly of AL. Third, an Election Commission was constituted with persons whose neutrality is doubtful. The CEC Justice M.A. Aziz and his colleagues in EC are overtly partisan. The AL and other opposition parties view that no credible election is possible with them at the helm of affairs. Fourth, the government politicized the entire administration, appointing party loyalists in every election-related position. Two senior most secretaries, considered to be somewhat neutral, were first retired and then appointed ambassadors, apparently to remove them from the line of promotion for becoming cabinet and principal secretary during the next CTG. Given this scenario, the opposition political parties have put forwarded a number of demands including reforming of the CTG and EC as preconditions for their participation in the election in January 2007. Conforming to a suggestion made by the prime minister, the opposition placed their demands in the parliament and since then a process of negotiation started but than stalled on disagreement over composition of the government's negotiating team. However, now it seems that the government was not sincere in proposing negotiation with the opposition. Instead of sorting out the problem, the prime minister has started calling upon the armed forces to side with the CTG of her choosing in holding the next general election. The PM's recent statements could be construed to suggest that she is soliciting the country's armed forces to become a party to her game plan. This is unfortunate. Our armed forces are the symbol of our national unity, independence, and sovereignty. They are trusted treasure of the nation. They should be kept above all political controversies. In 1990 they did not side with President Ershad, though he was once one of them. Neither is it expected they would take sides in any political rivalry in the future. In recent past, the armed forces of Thailand and Ukraine also did not take sides in the government-opposition row. The CTG's right to govern the country arises from the trust and confidence of the people in its perceived neutrality. Allegiance of major political parties is germane to the legitimacy of any CTG. If political parties which commanded support of almost half of the population in the 2001 election do not trust a CTG it would have no moral, and perhaps also no legal, right to govern the country. Justice K.M. Hasan, CA designate, once international affairs secretary of BNP and President Zia's ambassador to Iraq, is known to be a man of impeccable integrity. As a judge he felt embarrassed in the Bangabandhu murder case, reportedly because one of his relatives was facing death penalty. He refused to take part in a bench of a high profile case as his relation's involvement might influence his judgment. He being such a moral person, would he assume the post of chief advisor, when half of the country has already moved no-confidence in him? In case he makes himself "unavailable" for the post, as per the constitution, another judge, who might be acceptable to both BNP and AL would become CA and in such a scenario the present EC would, perhaps, find the exit quickly. On the other hand, if Justice Hasan takes over as CA and lacks the backing of the armed forces, his unelected government would not be able to govern the country and hold the election in the midst of opposition agitation. It would fall like a house of cards, plunging the country into total uncertainty. Despite five-year's poor report cards due to failure when it comes to curbing spiraling prices, shortages and scarcities of electricity, fertilizer, diesel oil, protecting Bangladesh citizens from BSF fire, rampant corruption and toll collection, the BNP is still the party of choice for millions. In a free and fair election, its chance of victory and coming back to power is as bright as that of any other party. For turning this possibility into reality the sine quo non is the holding of a credible election in January 2007. However, without an agreement between the BNP and the AL on the issue of CTG and EC, no credible election would be possible, and any future government formed on the basis of the results of a poll boycotted by a major political party would not be able to govern the country effectively. Therefore, it would be statesmanlike for the prime minister, in the best interest of her party as well as of the country, to resolve the row over the next CTG and EC reforms with the opposition before she leaves office in October, instead of bringing the country's armed forces into the BNP-AL political dispute. The author is a former Secretary to the government.
|