Conducting credible elections

The 12th Election Commission led by KM Nurul Huda has taken the office on February 15. This Commission has been formed by President Abdul Hamid from a list of 10 people proposed by the Search Committee appointed by Hamid after talks with 31 political parties. The Search Committee consulted with leading civil society leaders to prepare a set of criteria for the post of CEC and ECs, collected names from 31 registered political parties, scrutinised the background of 20 shortlisted persons and finally proposed 10 names to the president.

Both AL and JP welcomed the new Commission while BNP said that the 'desire of the Prime Minister and AL President has been reflected' in the formation of the new EC while further alleging that 'free, fair and neutral polls under current EC is not possible'. Criticising the success of the search committee, economist Akbar Ali Khan opined, "Such a committee has never been successful in picking competent, non-partisan and right persons for the constitutional positions". On the other hand, educationist Syed Manzurul Islam, one of the members of the search committee, expressed his surprise stating "there were three civil society representatives on the list of 10, I had hoped that at least one would find place in the election commission".

Such kinds of debates will continue until the new Commission is able to come up with free, fair and credible elections. I also strongly believe all the stakeholders are now expecting that all future elections in Bangladesh, including the 11th parliamentary elections, to be conducted under this Commission would be credible. One of the main reasons behind such high expections is that most of the elections held from 2014-16 under the previous led commission were not widely accepted. Moreover, on October 23, the Prime Minister, in an impromptu reaction in her concluding remarks at the AL Council Meeting said, "We don't want to hold any questionable election". She also reiterated the promise "to ensure free and fair elections in a healthy environment" at the beginning of the joint meeting of the Awami League Executive Assembly and the Advisory Council held on January 30, 2017. Civil society leaders and the international community are also optimistic about the new Commission.

For conducting credible elections, the 12th Commission has to deal with a few critical challenges. The first challenge is to regain trust of the stakeholders on the Commission itself as well as on the electoral process. A recent survey conducted by a national organisation in Bangladesh found that only 8.6 percent residents of Dhaka city had trust in the EC; it is 12.4 percent in other urban areas and 12.1 percent in rural areas. However, we realise that building public trust in the election process is of utmost importance to election management bodies around the world. The EC can gain a high degree of confidence through its planning and operation, openness and transparency. It should start stakeholder consultations immediately with political parties, CSOs, media, international community and other professional bodies.

Ensuring political independence of the EC would be another challenge for this Commission. Electoral Management Bodies (EMB) that are independent from interference by other government institutions and political interests, impartial in their decision-making and professional in their make-up, are considered a crucial component for conducting free and fair elections. The CEC and all other Commissioners have to work 'fearlessly' and must not bend to governmental, political or other partisan influences on their decisions. Also, they have to prevent external influence to alter their decisions, behaviour or actions by the government of the day. The Commission has to put this issue on its agenda, discuss, and take a clear stand on this, and give a message to stakeholders about its political neutrality. Although, the CEC, in a media briefing said that he would not "bow down to anyone, and I hope none of my colleagues will do so", this must be expressed through their activities.

One of the key problems of the recently held elections under the previous Commission was that it failed to establish its authority on the police and local administration. On May 27, 2016, one of the commissioners said, "The Election Commission would not take responsibility for the violence in Union Parishad polls"; this statement proves the helplessness of the Rakib Commission. One of the guiding principles for conducting credible elections is that the EMB has to establish its full authority over the election administration. In other words, the Commission has to be allowed to play the role of de facto government during elections. The new Commission has to think this critical issue, review the legal provision, analyse why the previous commission failed to establish authority on the election administration. If necessary, it should propose revision of law to the government. The best practice is to ensure that the election staff - even if a deputed one - must be accountable only to the EMB at all levels.

One of the important safeguards of election integrity lies in an effective resolution of complaints. When the credibility of elections is called into question, the EMB needs an effective process of complaints adjudication to sift the facts and determine whether transparent election procedures were followed. An effective complaints adjudication system not only lends legitimacy and credibility to an election, it also serves as a peaceful alternative to the violent post-election responses all too common in emerging democracies. Due to non-disposing complaints during the last Union Parishad elections, the last Commission had to offer an unconditional apology to the HC. The EC should not simply delegate conflict management and mitigation responsibility to security forces and the judiciary. It can, and should, play a key role in resolving conflicts stemming from the electoral process. The new Commission should make a plan for effective resolution of complaints.

Transparency and fairness in all decisions and activities are the key cornerstones for conducting credible elections. Research suggests that EMB meetings that are open to the public are likely to promote greater trust. On the other hand, closed meetings and lack of stakeholder consultation lead to public suspicion about influences on the EMB. By moving away from the arbitrary and opaque processes that usually characterise authoritarian regimes, an EMB demonstrates its commitment to accountability and transparency, and to its role in the transition itself. The new Commission has to carry out their duties or roles in a professional, transparent and impartial manner.

One of the most important ways in which elections can be regarded as legitimate is through the development of credible election administration institutions. To do so, 2017 would be a critical year for the new Commission, as it will conduct Comilla and Rangpur city elections, and the Sunamganj and Gaibandha bi-elections. As for international guiding principles, a Commission, in order to conduct credible elections, has to play three types of roles: legal function, technical function and ethical function/role. To discharge its function properly, the Commission has to play these roles which results in free and fair elections.

Finally, government support is indispensable for conducting credible elections. In some countries, EMB is a department of the executive branch of the government, but such an EMB can conduct credible elections, and this is possible due to government's support. I believe the new Commission will receive extended support from the government, political parties, candidates, CSOs, media and other stakeholders, and the nation will see free, fair and credible elections in Bangladesh.

The writer is the Director, Election Working Group; e-mail: aalim@ewgbg.org