Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 871 Thu. November 09, 2006  
   
Point-Counterpoint


CTG in the midst of political chess


Everybody was taken aback when President Iajuddin Ahmed assumed the additional responsibility of chief adviser of the caretaker government. In an article captioned "Political chess game," published in The Daily Star on September 22, I suggested exclusion of judges from the "fit list" for becoming CA, and appointment of someone acceptable to all major political parties.

In that article I inferred that "in case the major political parties fail to reach an agreement ... there would be no option left for the president but to assume the functions of CA, as provided in article 58C(6) of the constitution."

The outgoing BNP-led government made that most improbable happen when their chosen Justice Hasan declined to assume the post.

In the same article I wrote: "Once a CTG is in place it will act in full public view. Any partisan decision, or reluctance to make the administration neutral and create a level playing field for all participating parties, would be apparent. Therefore, the AL should withdraw from the electoral process and launch a movement only when it becomes apparent that the CTG is averse to creating a level playing field, and is hatching a plot to favor any particular party." I further wrote: "Withdrawing from the contest, ab initio, by either party is not really an option."

AL head Sheikh Hasina neither welcomed, nor rejected, the president's assumption of the CA's responsibility. In a press briefing soon after she smilingly said that her 14-party combine would observe the activities of the CTG for some time. The next day she personally handed over to the Hon'ble President an 11-point task list for creating a "level playing field" for all political parties in the forthcoming election, and demanded that those should be implemented before they hold a public meeting in Paltan Maidan on November 3.

Reconstitution of the Election Commission and making the administration non-partisan are high on the list. The council of advisers decided to reconstitute the EC, and two advisers personally conveyed the message to Sheikh Hasina. The interim government has also effected some top level changes in the secretariat and in the police administration, which apparently did not elicit AL's applause. AL general secretary, while commenting to the press, termed these measures as going "from the frying pan to the fire." In this scenario, the 14-party combine extended the deadline by a week, and Sheikh Hasina declared at Paltan that if their demands were not met, they would again enforce indefinite blockade programs across the country with effect from November 12.

The EC is a constitutional body vested with the responsibility of "the superintendence, direction and control of the preparation of the electoral rolls for elections to the office of president and to parliament, and the conduct of such elections shall vest in the Election Commission."

Article 118(4) of the constitution provides: "The Election Commission shall be independent in the exercise of its functions, and subject only to this constitution and any other law." Its independence is granted with the provision that "an Election Commissioner shall not be removed from his office except in the like manner and on the like grounds as a judge of the Supreme Court." However, "an Election Commissioner may resign his office by writing under his hand addressed to the President."

The Election Commission has been mired in a series of controversies since the CEC unilaterally decided to prepare a new voter list, replacing the existing one, ignoring the opposing views of his two other colleagues, and for keeping the portrait of former Prime Minister Khaleda Zia hanging in its office even seven days after she relinquished office.

The entire nation, save the die-hard members and supporters of BNP-Jamaat alliance, doubts the EC's neutrality, and holds the view that a free and fair election under their supervision is very unlikely. Article 58D(2) stipulated that "The Non-Party Care-taker Government shall give to the Election Commission all possible aid and assistance that may be required for holding the general election of members of Parliament peacefully, fairly and impartially."

With the present incumbents of the EC, holding of a fair and impartial election peacefully seems to be a far cry, and in this scenario how far the providing of assistance to the EC by the Council of Advisers would be appropriate is doubtful, to say the least.

In 1991, as well as in 1996, the integrity of the EC was questioned, and the members of the commission thought it dignified for them to resign. This time, not only is the integrity of the CEC and other members of EC in question, their competence to conduct the election is also doubtful.

Despite the commission's wasting over Tk 400 million in the preparation of a new voter list, ignoring the High Court's order, and then spending a similar amount in updating the list, it has miserably failed to come up with an accurate voter roll. In the meantime, a former judge has opined that the CEC is "unsound" of mind. In case a competent court declares him so, he would become ineligible for the position he is holding now. It seems that it is high time for him to resign and leave with grace, and save the nation from a catastrophic political turmoil.

It is alleged that during the past five years the BNP-led four-party government had politicized the administration on an unprecedented scale. However, bureaucracy, by its very nature, tends to become neutral once the overbearing political influence is removed, and most civil servants would act neutrally under a non-partisan CTG. However, to remove all doubts, the CTG should replace the officials now holding various positions considered to be relevant in the context of the forthcoming election with officials who were sidelined by the previous government.

In this connection, a remark of former minister late Col Akbar Hossain appears to me very pertinent. He once said that his opponents may be allowed to have officials of their choice, from the level of secretary down to UNO, leaving for him only the OC, who would be in charge of law and order on the election-day. The message he wanted to convey is loud and clear. The CTG should, therefore, make sure that the law enforcers act neutrally for holding a free and fair election.

President Professor Iajuddin Ahmed is a political appointee. However, the advisers he has chosen are persons of unimpeachable integrity. The people in general are of the view that if they do not allow themselves to be constrained by the activities of the EC and chief adviser they have the ability and wisdom to present the nation a free and fair election.

The president and the Council of Advisers are now is in the midst of a political chess game. However, their place in history would be determined, not by party loyalty, but by their success in holding a credible and impartial election with participation of all major political parties. The nation expects from them expeditious and bold actions to create a level playing field for all political parties -- old and new, large and small.

The author is a former Secretary.