Post Breakfast
Reforming the electoral process
Muhammad Zamir
We have a new Chief Election Commissioner heading a re-constituted Election Commission. There are many problems ahead of this new team. One can only hope that they will settle down quickly into their responsibilities and tackle their tasks with seriousness and an open mind.Dr ATM Shamsul Huda, after assumption of his office has been forthright and correct. He wants the Election Commission to be an institution that every citizen of Bangladesh can be proud of. He has acknowledged the chaos that plagues the corridors of his Commission and its associated Secretariat. By doing so, he has taken the first step towards restoration of confidence through the introduction of necessary reforms. The major stake-holders in our political process -- different political parties, representatives of civil society, the print and the electronic media -- have for a long time been expressing the need for a pro-active and neutral engagement from our Election Commission. There is consensus that major initiatives have to be taken to ensure the holding, as soon as possible, of a free, widely participated, fair and acceptable election. Such an election is viewed as being fundamental not only for the democratic process but also for eventual good governance and for future economic development and foreign direct investment. The new CEC will have to understand that he is not alone. He has many well-wishers who are willing and interested in helping the Election Commission to complete the expected homework. We are indeed fortunate that Bangladesh has a vibrant civil society, keenly interested in being active participant in not only good governance issues but also in the acceptable performance of electoral objectives. Seminars, workshops and written recommendations have surfaced over the last year in general and since November 2006 in particular. Suggestions have been put forward about how the controversial Voters' List can be corrected, how the Voters' ID Card can be prepared and issued expeditiously at relatively low cost and how essentially such digital information can be eventually collated to create the National ID Card for every Bangladeshi, as has been done in several other countries. The different political parties and their leaderships have also identified ways and means as to how the remedial measures can be undertaken. They are keen about the implementation of necessary reforms so that a free and fair election can be held in a 'level-playing field'. They have been relatively mute since 11 January 2007, but for obvious reasons, would like to return to an arrangement where elected politicians can take over governance once again. The Election Commission needs to be cleansed of all the controversies of partisanship that now taints this vital institution. The CEC, I am sure, knows that each action undertaken by the EC will be scrutinised minutely, particularly by those whose carefully organised apple cart has been tipped over and dismantled over the past few days. The new CEC and his team can hardly be blamed if they think that they have been caught between a rock and a hard place. However, it is this difficulty that must encourage them towards calling the glass half-full rather than half-empty. The interim government has been taking suitable and appropriate steps till now. They have shown steadfastness in their approach towards the eradication of politicisation of state institutions that had so carefully been put in place by the immediate past government. They are now trying to clean the web of 'election engineering' that had been laid out carefully within the Election Commission itself. This is laudable. However, changing only those at the top will not be enough. It must also be accompanied by transformation at the lower levels and tiers. There have been appointments of hundreds of politicised officials that need to be undone. It would be pertinent to note here that, like others, I have also welcomed certain observations that have been reported recently in the media with regard to how the caretaker government intends to introduce additional reforms in the political process. I am referring here to the need to bring about greater transparency and accountability within the matrix and the paradigm of the political dynamics. One hopes that the following actions are taken as soon as possible. The foremost should be to bar civil servants from participating in any parliamentary election within at least five years of their retirement from public service. This will ensure that such officials are restrained from diverting and misusing scarce resources at their command with the hope of cultivating their future constituencies at the expense of other areas more in need of development. This will also stop them giving in to politicisation during their shelf life within the civil service. Another important step that needs to be discussed urgently between the new EC team and political party representatives is the question of mandatory registration of political parties. A half-hearted attempt was made by the EC ahead of the 2001 election, but did not succeed due to the opposition of the main political parties. The Adviser on Law in this caretaker administration has mentioned that this administration is determined 'to bring all political parties under the law' and that the government has already started drafting the necessary laws. He has also expressed that this will be completed within the tenure of this administration. Very good, but please sit and discuss this important step with representatives from the major political parties. It is true that thirty-five political parties have so far applied for registration, but most of them are minor, other than the fragmented Jatiya Party. There will be complexities, but then they have to be faced and suitable agreements arrived at. Consensus in this regard will be important. I will now touch on another significant area that usually has an impact on any electoral process, irrespective of the level of the election. This relates to the cause and effect relationship of dirty money and the nexus that exists between criminals and politicians in our country. Greed for power, most unfortunately, not only fuels partisanship but also encourages lack of accountability where candidates to elections not only think that they are above the law but also that all codes and rules approved by the Election Commission are meaningless. This disregard was shockingly evident in a recent report published by Transparency International Bangladesh after a survey carried out in 38 constituencies spread over 32 districts, selected from all six administrative Divisions. It was revealed that electoral candidates had already spent an average of over Taka 15 lakh for campaigns before the closing of withdrawal of their nominations for the now cancelled 22 January election. One BNP candidate had spent over Taka 1.94 crore. Such expenditure was far in excess of the approved ceiling of Taka five lakh. Such a Report has only underlined what civil society has been reiterating for some time. Such a scenario cannot be allowed to continue. The newly re-constituted EC must sit down and through dialogue with political parties, create a monitoring mechanism to get out of this Catch-22 situation. We have to circumvent this problem. It would probably be pertinent at this point to stress that this dismal state might be corrected through the candidate having to submit a brief resume about himself and the immediate members of his family to be Election Commission at the time of submission of his application form. The candidate, in addition to academic qualifications, should also be expected to provide the EC with records of past criminal cases against him, the sources of his income along with a record of the income tax paid by him for the last five years and a statement of the movable and immovable assets currently owned by him and his immediate family members. At the same time he should make available details of loans taken and if he is in default with regard to any of them. The candidate should also make public if he has any interest in any particular company or business establishment. These are preventive steps that can only enhance transparency and improve the political process. This will also enable all political parties to select better candidates, less prone to future corruption. One cannot conclude without reflecting once again certain other factors that involve our EC. It suffers today from lack of true financial and administrative independence. This needs to be corrected by the interim government. This will improve efficiency and do away with potential partisanship and politicisation. The CEC and his team have many tasks ahead. They also have very little time to get their act together. Their efforts pertaining to the obtaining of transparent ballot boxes and the preparation of a corrected voters' list and an acceptable Voters' ID must not be tarred with debate. This will be possible given cooperation and goodwill from the major stakeholders. However, such consensus and agreement can only emerge if there is discussion with all parties. That must start now with all sincerity and the interim government must facilitate this course of action. Muhammad Zamir is a former Secretary and Ambassador who can be reached at mzamir@dhaka.net.
|