The European Union will send an exploratory election monitoring mission to Bangladesh in July as the Election Commission has welcomed them in a written invitation.

EU Ambassador to Bangladesh Charles Whiteley confirmed the development to The Daily Star.

He said he was very happy about Bangladesh's stance of welcoming the international election observers.

This exploratory mission is the first of the three-stage election monitoring mission from the EU.

It is heartening to see that the media has been preparing statements based on the information in affidavits submitted by the candidates who are running for parliament. This requirement of submitting affidavits came from a ruling by the high court bench led by Justice Abdul Matin in 2005. The judgement required the candidates running for parliament to submit eight kinds of information with their nomination papers. These include their educational qualifications, criminal records, and assets, income and liabilities of both themselves and their dependents.

The court also directed the Election Commission to disseminate this information so that the people could use it to make informed decisions in casting their votes. The EC, however, failed to disseminate that information. We, on behalf of SHUJAN, have been disseminating this information through the media by preparing comparative statements for each constituency. We also thwarted the sinister efforts by an imposter named Abu Safa who, using false information, tried to overturn the high court judgement.

This idea of disclosure of information about the candidates in the form of affidavits has a history. In 2002, in Union of India vs Association for Democratic Reforms [2002 (3) SCC], the Indian supreme court gave a seminal judgement in which it stated that the right to know about public officials is derived from the constitutional right to freedom of speech and expression.

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Of the AL, for the AL, and by the AL

In a second case, People's Union for Civil Liberties (PUCL) vs Union of India [2003 (4) SCC], the Supreme Court of India further emphasised the importance of disclosure of antecedents. Using this information, the court opined, the voters could decide whether they would vote for A or B. The court further said that if you don't want to turn democracy into a farce, you have to give the voters this right to have information about the background of the candidates. Bangladesh's judgement of 2005 followed these seminal judgments of the Indian supreme court.

There have been numerous efforts in our country to thwart this judgement. For example, in 2013 there were four city corporation elections: Barisal, Khulna, Rajshahi, and Sylhet. In the previous election, held in 2007, the Awami League mayoral candidates won and the BNP candidates lost. The same candidates ran again in 2013. We compared the affidavits submitted by the same candidates in both elections to see what happened to their income and wealth. What we found was that the income and wealth of the incumbent mayors, who were elected in 2007, skyrocketed. And the wealth and income of those who didn't win in 2007 either remained the same or declined. Thus, it became clear that getting elected was like getting an Aladdin's lamp in one's hands. In other words, anyone occupying an elected office is able to mint money and get rich. We held a press conference to disseminate our findings. In response, Awami League sent a letter to the EC saying that we had defamed them using concocted information. This allegation was totally false as we used the information disclosed by candidates in their affidavits sworn before a magistrate. It should be noted that including false information in an affidavit, sworn before a magistrate, is a criminal offence under section 181 of the Code of Criminal Procedure. Yet, we were accused of using misinformation with the intention of defaming the candidates.

The biggest attack came from Sayed Ashraful Islam, the general secretary of Awami League. In 2014, according to a Prothom Alo report, he said that the affidavits have become the tools of character assassination of politicians. Clearly, these were efforts to do away with the requirement of disclosing antecedents by candidates in the form of affidavits. But they forgot one extremely important detail. The demand for disclosures came from the Awami League itself. On July 15, 2005, Sheikh Hasina, the then leader of the opposition, said in a press conference that the candidates must submit her/his own and their dependants' wealth information with their nomination papers. Additionally, they would have to declare if they have any personal stake in any economic activities of the government. She also demanded that those who lied or provided misinformation in their affidavit face strict legal consequences. However, this was not the only instance when Awami League reiterated the importance of disclosure of antecedents of powerful individuals including MPs.

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Politicians’ wealth surge and why nations fail

Before the 2008 parliamentary election, Awami League published its famous election manifesto, Dinbodoler Sanad (Charter for Change), in which it promised to regularly disclose the wealth statements of all powerful people in the government. But unfortunately, the ruling party and the government didn't keep their commitment.

The EC has also not been verifying the information submitted by the candidates. There are widespread allegations of concealing or providing concocted information in the affidavits. A recent newspaper report indicates that at least nine of the ministers didn't declare their dependents' wealth in their affidavits. Notwithstanding the hiding of information, the skyrocketing of income and wealth shown in the affidavits of candidates who are running for the upcoming election reflect an obscene display of riches when many citizens are struggling to make ends meet.

One prime example of a candidate hiding information is Barrister Shahjahan Omar, who went to jail as a senior leader of BNP, then got bail to join Awami League and run for the upcoming election with the boat symbol. He appears to have hidden information about his wealth. More seriously, he did not disclose information about the cases under which he was arrested and bailed. For such non-disclosure, his nomination paper should be declared invalid under section 12(3)(b) of The Representation of the People Order, 1972. However, both the returning officer and the EC cleared Barrister Omar's nomination, allowing him to contest in the election to be held on January 7. Here didn't both the returning officer and the EC violate the law in validating Barrister Omar's nomination paper?

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The facade of a competitive election

In the last few decades, a lot of people have become very rich in our country, mostly through illegal means. They are now trying to "buy" political power by becoming MPs using their ill-gotten money. As a result, over two-thirds of our MPs are now businessmen who have been trying to further their interests using government power. Many of them also hide information in their affidavits. Entry of many of these self-interested individuals to our electoral arena could be blocked if the EC would take the requirement of the submission of affidavits seriously and thoroughly scrutinise them. Unfortunately, despite our repeated efforts, we have not been able to convince the EC to scrutinise the affidavits and disqualify those who hide or submit false information in their affidavits. If the commission lacks capacity to scrutinise the affidavits, they can use the help of the Anti-Corruption Commission and the National Bureau of Revenue for this purpose.

The format for the affidavit developed before the 2008 elections has some serious limitations. We updated the format and shared it with the EC, but received no positive response from the commission. We hope the EC will take it seriously and revise the format and apply it vigorously. We urge it to do its part to clean up our electoral arena by turning the halafnama into amalnama for candidates running for office.

Dr Badiul Alam Majumdar is secretary of SHUJAN: Citizens for Good Governance.

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

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Observation by local and foreign observers may help add credence to the status of fairness of election and make them credible at home and abroad, the chief election commissioner (CEC) said in a letter to the EU.

CEC Kazi Habibul Awal was responding to a letter sent by the European Union informing him of its decision not to send a full-fledged observation mission for Bangladesh's upcoming national election.

"As I appreciate EU decision on the subject, I feel urged to assure you that with required assistance received from the government, Election Commission (EC) will exert its best to ensure free, fair, participatory and credible elections. Government is also repeatedly making its pledges to achieve this end," the CEC said in the letter dated September 23.

"Nevertheless, observation by local and foreign observers may help add credence to the status of fairness of election so as to make that credible at home and abroad.

"Be that as it may, I believe the European Union (EU) will nonetheless continue to support, in whatever way deemed expedient, our efforts in making the ensuing general parliamentary elections free, fair, participatory and credible," the letter added.

EU communicated its decision to the EC through a letter to the chief election commissioner on Wednesday.

"Based on the recommendations of the exploratory mission -- and taking into consideration the budget for EU Election Observation Missions for 2023/2024 -- High Representative Josep Borrell has decided not to deploy a fully-fledged EU Election Observation Mission," read the EU letter.

"The High Representative's decision reflects the fact that, at the present time, it is not sufficiently clear whether the necessary conditions will be met at the point in time when the elections take place," read the letter written by EU Ambassador to Bangladesh Charles Whiteley.

Chief Election Commissioner Kazi Habibul Awal said if he had been made the CEC of New Zealand or Britain, he could have finished the election by sitting on a chair sipping tea.

He said this while inaugurating the voters' list update programme-2022 at Savar in Dhaka today (May 20, 2022), reports our local correspondent.

"I told my colleagues that if I were the Chief Election Commissioner of New Zealand or Britain, I could have finished the election by sitting on a chair and sipping tea," he said.

"In many countries of the world, elections/voting rights are exercised, as you know, and I also know that no violence happened there. Everyone stands in queues and everyone goes and exercises their rights to vote," he added.

"I didn't have any kind of stress, and would not suffer from high blood pressure. But the situation in Bangladesh makes us stressed during the elections. We have to be careful," said the CEC.

"The Election Commission alone can never make an election a success. But here those who are employees of the Republic, such as police administration, and district administration have to play a very important role during the elections," he also said.

"Here, however, we have a big challenge. Exercising the voting right is the big challenge," he said.

"Yesterday I read a report of violence during elections in a newspaper. We want competition and a participatory election. But sometimes violence takes place in the vote. Chase and counter chases happened. A writer said that this is not our election crisis, it is our cultural crisis," he went on saying.

"How our culture has developed that we have to commit occurrence during elections. In many cases, this makes us sad. We need to get out of this exercise and maybe it will take some time," he added.

Md Humayun Kabir Khandker, EC secretary, also spoke at the event and called upon people, local government representatives, and administration to come forward for the cooperation of the staff engaged in the updating process of the voters' list.

Since the newly formed interim government has taken charge, emergence of an impartial democratic governance has become the sine qua non for restoration of public trust in the electoral system. Since August 5, in a significant overhaul of the local administration, the interim government dismissed 876 elected representatives nationwide. To fill these positions, administrators were appointed in 61 districts, 495 upazilas, and 330 municipalities, largely replacing those who had served under the previous Awami League (AL) government. In addition to the removal of seven previously appointed municipal administrators, 323 municipal mayors were also dismissed.

The administration is also being shaken up with at least five mid-ranking police officials, who were arbitrarily dismissed or sent into forced resignation during the tenure of AL, being reinstated. The chief justice, five justices, top police officials, and the central bank governor—all have gone into retirement, yet there has been no change in the bedrock of the country's democratic governance i.e., the Bangladesh Election Commission (EC).

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The alterations we need in our Election Commission

Questions have been raised about the current Chief Election Commissioner (CEC) Kazi Habibul Awal and his colleagues, following the fall of Sheikh Hasina's government. Despite his overseeing the 2024 general election, widely criticised for irregularities and bias, the CEC continues to hold his position at a time when the growing national sentiment is that a new, impartial EC is essential to restore confidence in the electoral process.

Over the past 53 years, Bangladesh has struggled to build a strong electoral system. While elections overseen by caretaker governments since the transition to parliamentary democracy in 1991 were generally considered to be free, fair, and participative, those conducted under political administrations of the ruling AL often lacked credibility due to interference by the government. Same thing happened when the then ruling BNP tried to manipulate the infamous Magura by-polls in 1994.

The electoral system took a significant turn in 2011 when the Sheikh Hasina-led AL abolished the constitutional requirement for a caretaker government through the 15th amendment. This decision led to a boycott of the 2014 general election by BNP and other opposition parties which was marred by violence, voter suppression, and allegations of government crackdowns on opposition leaders. More than half of the seats i.e. 153 out of 300 were uncontested and won by the single ruling party candidates. From 2014 to 2024, the country's electoral landscape has been defined by a series of controversial elections with poor participation, political repression, and concerns over the state of democracy.

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Of the AL, for the AL, and by the AL

Similarly, under former CEC KM Nurul Huda, the 2018 election marked the introduction of electronic voting machines (EVMs) which became a source of controversy with a turnout of 80 percent with the AL, in alliance with the Jatiya Party (JP), securing over 90 percent of the parliamentary seats. Observers reported significant irregularities, such as voter intimidation, ballot stuffing, and occupation of polling booths, raising serious doubts about the integrity of the electoral process and the role of the EC. In 2020, 42 prominent citizens called on the then President Abdul Hamid to establish a Supreme Judicial Council to investigate allegations of misconduct, including financial corruption, against the EC led by KM Nurul Huda.

In 2023, the EC's widely publicised dialogue with registered parties occurred with many expecting the EC to first enable the BNP to freely decide on participating. Instead, the EC considered its duty fulfilled by simply delivering an invitation to the BNP's empty, locked office. Additionally, TIB published a report on the 12th National Parliament Election criticising EC for failing to ensure fairness, transparency, and competitiveness.

The 2024 general election was widely seen as a repeat of previous polls, with an exceptionally low turnout of 27 percent, and the AL poised for another victory. These issues highlight ongoing concerns about the EC's ability to conduct credible elections, yet the EC seems mostly oblivious of its role in the flawed electoral processes. According to Articles 118(4) and 126 of the Constitution of Bangladesh, along with Article 4 of the Representation of the People Order, 1972, the EC is an independent constitutional body, accountable only to the constitution and relevant laws. Given this, it is crucial for the CEC and the EC led by him to uphold democratic principles.

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How do we describe the upcoming election?

On August 24, the CEC wrote a column for Samakal expressing concerns about the constitutional requirement for the EC to conduct general elections within 90 days, as mandated by Article 123(3)(b) of the constitution. He warned that failure to do so could be considered a grave offense under Article 7A, potentially punishable by death. However, he also acknowledged the impossibility of holding elections within this timeframe under current circumstances, likening the situation to "the sword of Damocles hanging over one's head." Given the complexity of the situation, looming crises, and the fact that elections overseen by the EC in the past 15 years have eroded public trust, he and his colleagues should have resigned immediately without waiting for either a call from the president or any other corner who they would have difficulty ignoring.

The interim government needs to rebuild electoral institutions starting with an independent election commission free from political influence. This is an opportunity to restore citizens' trust in elections by creating a sustainable, transparent electoral process that puts power back in the hands of the people. Hence, it is difficult to understand why the current CEC and his colleagues are not submitting resignations as opposed to being asked to do so. Do they really believe that any further election will be held under their stewardship? Or are the salary, benefits, perks and privileges they enjoy too good to be not enjoyed until shown the door?

Prof Syed Munir Khasru is chairman of The Institute for Policy, Advocacy, and Governance (IPAG), an international think tank. He can be reached via www.syedmunirkhasru.org.

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

Follow The Daily Star Opinion on Facebook for the latest opinions, commentaries and analyses by experts and professionals. To contribute your article or letter to The Daily Star Opinion, see our guidelines for submission.