The New Nation - Internet Edition

Dr. Mustafizur Rahman

The Election Commission (EC) has done an arduous job of collecting and compiling views of a cross-section of concerned citizens and different political parties - small, large, new, old, already registered and un-registered ones. I observed in the very first Election Commission meeting that the views were naturally diverse as different groups, existing parties and conscious citizens wanted to speak from their own positions, not necessarily from the position of general people longing for a serious and rational political system capable of ensuring a national government that serves the people and the state with a committed vision. Whole discussions apparently obsessed the EC with loud demand of non-ruling parties as well as concerned citizens to get away with the influence of money, muscle, abuse of power, party-nomination business, incapacitation of institutions, institutionalized extortion, project hunting and tender grabbing for kickback, terrorism, corruption of all definition under anarchic administration, creation of governments within the Government and finally a parliamentary dictatorship, giving a damn to the general people since before the care taker government was formed in October 2006. Loan default and bill defaults by MPs also surfaced prominently. Many people, including myself, wrote repeatedly in the press about possible solutions and way out, and directly sent recommendations to EC for deeper changes in RPO 1972.

We appreciate EC's bold proposals, but in some cases they seem to have over-reacted and contradicted the people's basic right and dignity which a democracy is supposed to uphold. Here only a few items of concern are touched upon to pre-empt recurrence and aggravation of the past evils.

Restriction on public officials: The final draft recommendations of the EC embodied in the draft amendment of RPO (Representation of the People Order), 1972 and the promulgated ordinance-2008 do have a number of provisions which are likely to have far-reaching effect in shaping our political culture. Mostly welcome by aspirant party-politicians were such provisions as "A person shall be disqualified for election as or for being a member of [parliament], if he has resigned or retired from the service of the republic or of any statutory public authority or of the defense service, unless a period of three years has elapsed since the date of his resignation or retirement," and that the same will apply to an ex-chief executive of a non-government organization (NGO). To put simply, most of them need de-education and re-education for certain years to start thinking of the people, their honor and the society based on the abstruse principle of managing affairs of an independent nation. The provision shall affect the choice of president and advisers, in that the legislature shall elect a president within 30 days of its first sitting, and persons ineligible to be a lawmaker shall not be qualified to be the president or advisers of Caretaker Government as well (as per constitutional stipulation).

Restriction on professional bodies in party politics: The ban on professional bodies, students, teachers and labors working in industries to engage themselves in party politics is necessary and reasonable, which is supported by about 84.54% of the people as revealed in a survey.

Extension of "office of Profit": It may be suggested here that a director or Chairman of a company or an executive of other organizations receiving remuneration or other benefit should resign from office before filing nomination paper. This may be justified by extending the meaning of "office of profit" for the sake of contest on plain field and without probable use of the resources of the companies or organizations a candidate may have influence over.

Loan and bill default vis-à-vis qualification for election: The contesting people are going to be the members of sovereign parliament. They must be honorable and responsible. Loan default and nonpayment of utility bill, without mention of any limit, as conditions of disqualification for being an MP is disrespect to future MPs. EC should not play the role of agents of financial institutions or utility companies to collect their arrears or dues. There are laws which they resort to, to realize their receivables directly or through their appointed or assigned agents on contracts.

Constitution article 66 (2) (b) disqualifies a person who is "undischarged insolvent". If the defaulters can be interpreted as insolvent, they are disqualified. As EC does not have any control on or responsibility for the operation of the financial institutions, their calculation of dues, or wrong or exaggerated billing which may entails legal settlement, EC should not get involved in these commercial matters, but it can take a declaration under the candidate's hand to the effect that he/she did not have failed in clearing his due payments despite not less than three reminders", or the like.

Independent contestant: All contestants must be equal and be on level playing field. The idea of a proof of gaining support of 2% of the voters in the concerned constituency for nomination is definitely not a healthy one, as it is tantamount to a primary election divulging the secrecy of voting, which the EC is supposed to protect. It seems the condition is finally removed, which is welcome.

No-vote: This is an innovative and courageous provision in the interest of the people.

Political party and its registration: The provision of "Registration of Political Parties" is a right one. A political party is a non-profit organization (NPO) or an association with its own democratic constitution containing nothing inconsistent with the national constitution, publicly accounting for its earnings and expenditures, with the exclusive aim of forming and defining political will of the people. Its internal organization must conform to democratic principles. Law may further solidify the role of parties in the political process, and address party organization, membership rights, and specific procedures, such as the nomination of candidates for office.

It is suggested that the party be registered with registration office, such as The Registrar of Joint Stock Company, as a juridical person or body. The number of members must not however be less than 7 to 15 voters as required for registration of any NPO. For election purpose, it shall be registered with the EC giving required documents and names of the members and the elected executive body, legally responsible for all actions of the party. It shall make a declaration to the effect that its members do not include any persons not allowed to be members, nor it has any affiliated or external organization in Bangladesh or abroad. If a party calls or organizes "hartal", general strike, rally, blockade leading to violent actions or obstruction to normal life of any other citizens, the executive council shall be responsible for all damages to public or private properties or rights and shall be punishable or liable to compensate for any such damage, inconvenience and obstruction to rights.

The present provision that a political party for its registration will need to function in at least 10 districts and 50 Upazila or Metropolitan Thana does not reflect sound logic or rationality. It violates the principle of equality of political parties. This idea is probably born out of obsession of the EC with such phrases as 'Dummy candidate", "Name-only political party", "Grouping with non-registered parties", "Trading of polling agent", mushrooming of political parties" and so forth. All these are big-party centric speculations. Democracy must not abandon its very basic implications. Many countries did not have the system of party registration, but experience has taught them the lesson and understanding of the importance of registration of political parties for making them accountable. Britain had as many as about 342 registered parties. Many of them could not survive. Many of our political parties will also face the same fate when members will gradually abandon them in the course of time, changed circumstances, an environment of higher level of education, developed economy and social demand for quality leadership.

Avoidance of Party-State tradition: Many established democracies have evolved their system over time from their bad experiences of financial scandals using loopholes in the earlier practices. More money meant more strength for years, and many parties or individuals could not make their way in the big-party controlled politics that created so-called Party State, which they themselves wanted to change. Different countries have established different system of political funding with a view to reducing the political expense to the minimum. Many took the path of public funding, while others adopted public-private funding. Germany and Switzerland may provide different examples

We must establish a scientific and rational system of party and election financing to eliminate the root cause of corruption most of the old and transitional democracies suffered from.

Cost of democracy and Political financing: Democracy involves political parties and individual leaders engaged in educational functions (formation of political will of the people), requiring resources. Unregulated fund collection by individuals or parties distorts democracy. Laws are established in many countries to ensure that political funding comes from membership dues, small voluntary donations by members and state budget. The parties and independent candidates must report all income, expenditures, and assets.

I strongly urge the Government to adopt this practice with necessary budget allocation in recognition that democracy has a cost. Our EC could not move in this direction because of its lack of confidence in securing such fund from the government in the absence of strong leadership in charge.

It is suggested that any party shall receive public fund in proportion to total votes gained subject to minimum of 0.5 percent of the national vote cast. Any independent contestant shall receive such sum in proportion to the number of votes gained in his constituency. This may be applicable in case of non-party local government votes as well. The political parties and or independent contestant shall receive free campaign advertising on public television and radio stations allotted proportionally based on past election performance. Parties may not purchase additional time.

The EC's recommendation to allow parties to receive donations up to Tk 500,000 (five lac) from an individual, and upto Tk 2,500,000 (twenty five lac) from corporation, and spend upto TK 1,500,000 (fifteen lac) for a candidate is dangerous and alarming for good politics free from money game, in view of our meager per capita GDP of about Tk.40,000. The annual pre-tax remuneration of US president is US$400,000, just 10 times the per capita GDP of US. EC is trying to close a few windows of political corruption just to open wide door for money-politics and legalized corruption not desirable for Bangladesh. EC may kindly review this provision.

Raising fund from individual or corporations must be restricted, but independent members may receive small voluntary donations from voters, provided the amount from any person does not exceed TK.100 in a calendar year. Political parties shall not spend any money for non-party local government election.

As to public fund, every constituency for general election may be allocated Tk. 400,000 for reimbursement, within not more than 15 days after announcement of election result, to the contestants in proportion to votes gained, subject to minimum of 5% votes cast there. This amount shall continue to be paid every year unless the parliament is dissolved. The maximum amount a candidate or the candidate as well as his nominating party can spend for election should be Tk. 500,000 and not Tk 1,500.000.

Such fund of Tk. 300,000 to Mayoral election, Tk.250, 000 to Upazila chairman election and TK. 75,000. Union Parishad chairman election. The Councilor candidates shall also receive such fund as may be determined by law. Fund shall also be allocated for Metropolitan city Mayor (or governor) election will also be allocated fund in consideration of number of voters.

Constitutional amendment for transparent election and serving governments: The issues of public funding for election campaign, handsome pay for elected offices, capacity building of public officials, reducing the number of ministers & Ministries, making the government slim and efficient, making the public administration accountable, protection of national properties, guidance on economic development policies, initiatives for industrialization and technological development, ensuring quorum and attendance in parliament, imposition of responsibility on the government to perform all duties of the sovereign state, revamping of institutions, introduction of people's right of enactment on direct initiative, etc. will need constitutional amendment, repeal and rewriting, without which we cannot overcome the inertia of the last years.

The repeal of Article 70 of the constitution, that was overwhelmingly supported by most politicians, and provisions for balancing power between the President and the Prime Minister were not considered by EC as they might imply constitutional amendment which is a different, serious and highly responsible matter calling for people's verdict in some form or other.

There are many things any political government will find hard to initiate. We still feebly expect, if this government can think of bold changes before it is too late. This may be a hope against hope, but people do not want to give up in despair.

[Dr. Mustafizur Rahman is the Chairman LDS, Dhaka. The views expressed here are of the author's own and not necessarily of the organization he represents or of the newspaper)