We appreciate what appears to be the first sign of flexibility in the administration about forming a poll-time government ahead of the national election. The prime minister on Monday hinted that a poll-time government with parties having representation in parliament could be formed. By the same logic, however, she rejected the possibility of the BNP, whose MPs had resigned from parliament last December, being a part of it. She also ruled out any dialogue with BNP as it leads a nationwide anti-government movement.

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Without support from bureaucracy, EC can’t hold fair elections

There are a number of takeaways from the PM's statement. First of all, the apparent willingness to bring opposition elements in the government marks a departure from the bellicose posturing that we have come to expect from ruling-party politicians. But that hardly rises to the level expected in the present environment of distrust, with BNP edged out of the process on a technicality. Also, the PM's tone, alluding to "our generosity" for forming such a government, leaves doubt about how impactful it might be. One thing that we don't want to see is token representation without real power.

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Secondly, BNP remains the biggest opposition party regardless of its representation or lack thereof in parliament. So, how judicious is it to exclude it from a potential poll-time government or any dialogue on said government and the election in general? Dialogue at the top level may not be on the cards right now, but mid-ranked leaders from both parties can, and should, start the process. Dialogue is essential for any solution to the current political impasse.

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Is the EC fighting an unwinnable war?

Thirdly, formation of a poll-time government is but a means to an end, which is to ensure that those in charge have the trust of all political elements and the general public so that they can deliver a fair and credible election. So how should that government be formed? The PM offers a way, but it cannot be the only way. Any poll-time government without the representation of main political elements will not solve the pressing issues we face. Also, how will it perform? Will it be unidimensional where everything is decided from the top, as it is now? These things must be considered going forward.

As the chief election commissioner repeated on Monday, the commission alone cannot hold a fair election without the help of the government. Without taking away from the responsibility of the EC, we think that some sort of a credible power structure in the driving seat is a crucial precondition for any fair election.

The 1970 Pakistan election was considered the "fairest and cleanest" election in Pakistan's history, which paved the way for Bangladesh's independence from Pakistan. However, Bangladesh has failed to institutionalise a sound electoral process in the 53 years since independence. Even though all elections held under caretaker governments (CG) were termed as mostly free and fair, elections held under political governments lacked credibility; some were even considered farcical. The key reason is political interference into the workings of election administration by successive political governments since 1972. To stay in power, the ruling class in most cases conducts purely decorative and ritualalistic elections denying independence to the Bangladesh Election Commission (BEC) and politicising other institutions with electoral responsibilities such as law enforcement agencies, local administration, judiciary, etc. aiming to manipulate election results.

The democracy-loving people of Bangladesh, where elections are festivals, are waiting to exercise their franchise in the 13th parliamentary elections. However, to ensure requisite institutional conditions for holding the next elections, the interim government needs ample time to rebuild Bangladesh's electoral institutions. The interim government and the new election commission, which is expected to be formed soon, must address the following key immediate issues not only to guide Bangladesh towards conducting genuine democratic elections but also to render the commission a professional citizens' organisation.

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First, the country needs an independent election commission (EC) free from political intervention. The first and foremost step towards an independent EC is the recruitment of credible and non-partisan authorities with a demonstrated commitment to democracy and accountability to citizens. However, the Chief Election Commissioner and Other Election Commissioners Appointment Act, 2022 is incomplete, as it lacks recruitment criteria for commissioners, excludes citizen scrutiny, and does not ensure transparency. Moreover, the loopholes around this law allow the ruling class to easily recruit loyal people as election commissioners. Therefore, the interim government should engage an expert pool to review and propose amendments to the law to ensure it is comprehensive, adheres to international best practices, and ensures the recruitment of commissioners capable of neutrally performing their functions.

Second, no EC around the world can conduct credible elections alone. They need support from various institutions, including the police and civil service. During elections, the EC should emerge as the de facto government authority on election administration, assuming total control over police and bureaucracy, and cutting its link with the political government completely. Political neutrality of electoral institutions is paramount. However, due to blatant politicisation of state institutions, some police personnel in particular played a blatant role in ensuring victory of ruling party candidates, including widespread ballot stuffing in multiple elections held under a political government. In order to neutralise temporary poll officials, including police, the IG should amend the Election Officers (Special Regulations) Act, 1991 so that no temporary poll officials, including returning officers and police, can play a biased role in any future elections.

Third, the EC should become a citizens' organisation. In genuine democratic elections, citizens are "the ultimate controlling power." Therefore, EC-decision making must be based on citizens' voices to make the EC "of the people, by the people and for the people." The new EC should conduct its work transparently, including adopting a transparency guideline so that Bangladesh can benefit from an EC that is fully accountable to citizens.

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Bangladesh's election formality is over. What’s next?

Fourth, an election cannot be termed as credible if opposition parties do not participate and if there is a lack of qualified candidates running for office. The UN declared that "political contestants (parties, candidates and supporters of positions on referenda) have vested interests in the electoral process through their rights to be elected and to participate directly in government." In Bangladesh, there are allegations that some qualified political parties were denied registration with the EC, while parties that did not meet the registration criteria were enlisted. Lack of participation of all qualified political parties raises questions about the credibility of elections. Therefore, both the IG and the EC, before the next election should create equal opportunity for all political parties to participate in elections. 

Fifth, election observation in Bangladesh has never been professionalised due to official and unofficial political intervention of the ruling party and EC restrictions. While election observers are a key electoral stakeholder, the EC never established professional relationships with observer organisations. Instead, many credible observers were labelled as "politically biased" when they published credible election observation reports. 

There are many examples of political, election-time governments thwarting effective election monitoring by pressuring election observers in multiple ways. Practices that negatively impacted past observations efforts include NGO Affairs Bureau cancelling previously approved funds for observing organisations to prevent them from carrying out their mandates; intelligence agencies subjecting election observers to intense scrutiny, which discouraged observers from conducting election monitoring; BEC issuing credentials during the night preceding election day, preventing observers from traveling to their desired constituency, and restricting observers' movement.

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Due to such barriers, most credible organisations stopped observing elections in Bangladesh. The IG and the BEC should develop a strategy not only to professionalise election observation but also to build a culture of accrediting credible election observation organisations as an integral part of elections. 

Elections are of paramount importance to a country's quality of democratic governance. They are the means through which people voice their preferences and choose their representatives. I strongly believe the presence of an interim government creates an opportunity to bring elections back to the citizens of Bangladesh, including establishing a sustainable electoral mechanism which no longer change the rules of the game to engineer electoral outcomes.

Dr Md Abdul Alim is an elections specialist, currently working as principal director with Democracy International, and previously served as director of the Election Working Group.

Views expressed in this article are the author's own.

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US does not favour any particular political party, Ambassador Peter Haas said today (August 10, 2022).

He said that holding fair and transparent elections is a difficult task and all stakeholders need to play their roles towards that.

"It is not possible to hold fair and transparent elections if the Election Commission, political parties, lawmakers, media and civil society do not play their roles properly," Haas said.

He was addressing the launching of an e-learning platform called "Politics Matters" – www.politicsmatters.com.bd – at an event in a Dhaka hotel.

USAID's 'Strengthening Political Landscape' project, implemented by Democracy International, launched the platform to bring political knowledge and skills to the fingerprints of Bangladeshi political leaders and enthusiasts across the country.

Information and Broadcasting Minister and Awami League Central Joint Secretary Dr Hasan Mahmud, BNP Standing Committee Member Amir Khasru Mahmud Chowdhury, Jatiya Party Presidium Member Barrister Shameem Haider Patwary and Democracy International Chief of Party Dana L. Olds also spoke at the event.

Dr Hasan Mahmud said all parties have responsibility for a fair election.

For fair elections, there is a need to avoid boycotting elections, negative politics and use of violence, he said.

The minister said he hopes that the next national election will be free and fair with the participation of all political parties.

Amir Khasru Mahmud Chowdhury said grooming and development of political parties is crucial for better politics.

It is not only those who have money, political family background or muscle power who should join politics. Common people need to be trained and be engaged in politics for proper public representation, he said.

Shamim Haider Patwary said all parties have to take responsibilities for the current situation where people are worried if there will be a fair election.