National consensus and unity for change

Dr. Kamal Hossain
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It is important for us constantly to remind ourselves of the challenges we still face nearly 40 years after our independence. We aspire for a working democracy, through which to bring about social and economic change in order to establish a just society. It is, therefore, important to reaffirm that national unity, which had made it possible to achieve what seemed impossible, namely the goal of independence, is today indispensible, if we are to realise our aspirations for meaningful change. A strong consensus has to be forged on both national values and goals, as well as on the ways and means to achieve those goals, if we are to move forward.

We, as a people, won the right to govern ourselves and the right to frame our Constitution. A Constitution can be viewed as "the autobiography of a nation, as "a living document" intended to enable succeeding generations to realise the goals of freedom and justice for which people had struggled for decades. It lays down in its provisions the basic principles and values, which the state and its citizens would strive to uphold, the basic goals they would pursue and the institutions through which the goals would be pursued. The national unity which had brought us victory in 1971 was founded on shared values and a shared vision of the kind of state and society, we, the people, aspired for.

A.m.ahad/drik News

There was a consensus on ends and means: this consensus had emerged from shared experience going back to colonial times, and to the harsh lessons learnt in the fifties and sixties. The nationalism that was evolving during the colonial period, became sharply defined through the language movement, and emerged as vibrant Bangla nationalism, conferring a distinct identity based on language, culture and history. The character of the powerful ruling group controlling the centre was exposed by their actions as ethno-centric, self-serving, and opportunistic. They cynically disregarded the aspirations of the majority to exercise their democratic rights. They assailed with force the legitimate demand of the majority for recognising their language as a state language. They deferred the holding of national elections and the framing of a constitution. They unjustly persisted with policies, which deprived the majority of their legitimate share of resources and other entitlements, promoting intolerable regional disparity. The most intolerable of their actions was the abuse of religion to rouse communal sentiments to divide the majority, which had cherished their centuries old tradition of religious tolerance and communal harmony.

It was the popular movement which gained strength and momentum, through the fifties and sixties, that moulded the vision of the independent state which would emerge through it. The roots of the four basic principles of the Constitution can be traced to the following elements which converged to produce that vision: (i) the unifying role of nationalism (ii) the conviction that democracy would harness people's power to liberate themselves from deprivation and social injustice (iii) the belief that bringing social and economic transformation, through a democratic process, would create a just society and (iv) that re-affirmation of the age-old non-communal tradition would sustain communal harmony and prevent the abuse of religion, discrimination and intolerance to gain power.

The Constitution declares in Article 7 that power of the state is derived from the people, and is to be exercised in accordance with the Constitution, by their elected representatives, chosen through free and fair elections. Power is thus made subject to constitutional limitations. The Constitution confers on the majority of those elected the right to form the government, but does not thereby confer on it arbitrary and unfettered power, but only power subject to the obligations laid down in the Constitution. The oath of office makes it clear that those who are assuming power are oath-bound to respect the Constitution, its fundamental principles, which define the basic structure of the Constitution, and the fundamental rights of citizens, guaranteed by the Constitution. These constitutional obligations provide a shield against abrupt constitutional amendments by a transient majority for gaining some short -term political advantage, disregarding the national consensus on which the original Constitution was based. The Constitution also provides a shield for those who constitute a minority, or otherwise feel powerless or disadvantaged, on account of gender, class, caste, ethnic or religious identity, poverty or physical disability. For them constitutionally guaranteed fundamental rights provide protection against discrimination and arbitrary treatment, and empowers the state to take special measures by way of "affirmative action" to overcome to the extent possible the inequality or deprivation stemming from their disadvantaged status.

We have, despite setbacks and interruptions in the functioning of constitutional processes over a period of nearly four decades, kept persevering in our efforts to make democracy work. The movement to restore democracy had resulted in 1990 in an agreed commitment amongst all political forces to restore parliamentary democracy and to strengthen democratic institutions -- the rule of law, an independent judiciary, and a media committed fearlessly to truth and to give voice to the people. These aspirations for a transparent, responsive and accountable mode of governance have been powerfully re-affirmed in the concerted efforts for political and economic reforms between 2004 to 2008.

Munem Wasif/drik News

People had sought to rescue themselves from a political process, which had degenerated and become captive in the hands of black money and armed musclemen. A universally shared goal was to regenerate healthy politics to rescue the overwhelming majority who had suffered as virtual hostages and felt powerless under a system of governance, which had become authoritarian. A highly centralised structure of the Government had excluded citizens from participation. A confrontational political culture had excluded not only the opposition but also the people in general from participation in governance. People expected transparency, accountability and the rule of law to be an integral part of the democratic political system, which had been the aim of the electoral and political reforms demanded by people. The election held in December 2008 promised to bring about change.

We have looked forward to a Parliament that can play a dynamic role in re-generating democracy. Lively debates are expected on policies -- on the national economy, on industry, agriculture and education, health, economy, environment and other vital national sectors. Committees are expected to ensure that the executive branch and the administration remain responsive to public needs and national priorities. We expect the opposition actively to participate in the work of the Parliament and to play a positive role. It would be a giant step forward if the opposition, in addition to pointing out deficiencies in official policies or actions of the government, would itself put forward well thought out alternatives.

In a multi-party democracy, political parties have a vital role to play, but that role has to be played subject to the Constitution, which requires that power is to be exercised, strictly in accordance with the law and the Constitution, in the national and public interest. This requires fairness and impartiality in the making of public appointments, and dealing with public resources. The oath taken to exercise power in accordance with the Constitution and the law is a solemn pledge not to allow party considerations to prevail over national or public interest. The role of Parliament and its members could become more effective if the functioning of parties could be brought into conformity with the mandates of the Constitution and the law.

The education sector has rightly been accorded the highest priority as a national goal to ensure meaningful change and over-all progress. The educational system must be rescued from being an arena of unhealthy power politics. It is a legitimate expectation that educational institutions must be terror-free and the armed cadres which had operated there must be demobilized and campuses made free from their predatory activities. This particular malaise has undermined the integrity and effectiveness of the major public universities and important educational institutions. Universities must regain their reputation of excellence in academic standards. Not only must the time targets for making education available to all be met but the quality of education must be raised across the system.

A fundamental pillar of the Constitution is the rule of law and access to justice. The key element which demands urgent attention at every level of governance is the constitutional mandate of equality before the law and equal protection of the law. No one can be above the law. No one can claim or enjoy impunity if s/he transgresses the law. There must not be any party political interference in the impartial and effective implementation of the law. The nightmares of the past must be buried when powerful "godfathers" could interfere with the police in major investigations giving impunity to those charged with war crimes, murder, and rape, major corruption and extortion at every level. It is time that people are rescued from continued persecution of extortion by organised groups. Restoration of the rule of law is a constitutional imperative.

A systemic change needs to be brought about in relation to the police. The draft of a new Police Act has been put on the shelf. The nineteenth century Police Act and the mind-set on which it was based requires to be replaced by a system where police is seen as the protector of the rights of citizens and the community where they are posted. The feudal order, where the powerful could terrorize and practice extortion on a scale that reduced ordinary citizens to a kind of serfdom must become history. It cannot be allowed to continue in the twenty-first century.

Photo: Star

There is an urgent need for the state-owned electronic media, both radio and television, to become an autonomous institution for dissemination of information. People do not want to see the state-owned media become a government public relations agency, a relic of the past. The voices of people must be heard over BTV and state-owned radio. An Independent Broadcasting Trust, led by trustees who enjoy public confidence and respect could significantly contribute to the process of change. The muted voices of the silent majority could then be heard throughout the country so that these can reach their public representatives and expect them respond to their needs and priorities.

Innovative policies and strategies, based on lessons learnt from past experience, are needed to strengthen institutions and equip them to deliver good governance and fulfill electoral pledges. Changes of major significance, as well as policy measures that would contribute to promote sustainable development and long-term stability, including on issues of foreign policy and involving national security, call for national consensus and bi-partisanship, in the absence of which progress is impeded by considerations of short-term partisan advantage at the cost of the national interest.

The challenge of change, therefore, calls for a truly unified, well-coordinated national effort to rise above partisan interests. The government needs to reach out to all those, who can make meaningful contributions to change and enable them to make those contributions. All should respond positively to the challenge. Clearly changes are needed in the existing institutions and policy-making and decision-making processes, keeping in view the need to provide for transparency and accountability thus creating an enabling environment for honest and efficient government, and for innovation and investment by a vibrant private sector. Policy changes are called for in key sectors ranging from those touching the economy (agriculture, industry, energy, communications) to those affecting security (the police and other agencies with institutional responsibility for national security). Some of these may call for changes in the law, and some may even lead to proposals for constitutional changes. All these need to be addressed through open, public and informed debate, necessary to create the public opinion, and ideally on critical issues a national consensus, which will provide Parliament and the government with the energy and the strength to discharge their constitutional responsibility.
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The author is Advocate, Supreme Court and an International Jurist.

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