The New Nation - Internet Edition

Hasnat Abdul Hye

At long last, the Election Commission has breathed a sigh of relief. The agonised uncertainty that hovered over it so long is over. The major political parties are no longer oscillating between 'to be or not to be. After taking equivocal postures, they have now crossed the Rubicon. First the Awami League, and then the BNP submitted the forms for registration under the amended Representation of the People Order (RPO), 2008. Until the last moment it appeared that BNP was dithering, having tagged registration with the fulfilment of their 7 point's demand that included cancellation of RPO, 2008 itself. At their request the deadline for submission of application was extended by five days, from 15 to 20 October, so that their dialogue with the government could be concluded. In the event, BNP submitted the form for registration within the extended deadline without waiting for the dialogue to be over. Clarifying their decision it was said by the BNP Secretary General that applying for registration and participation in election was not the same, implying that they might yet abstain from election if their demands were not met. The onus of making the party to agree to go for the hustings was thus thrust on the government. In the meeting held with the party on 23 December, the government reportedly accepted in principle 6 out of 7 demands submitted by it, including lifting of the emergency. There has, however, been no formal announcement in this regard from the government side.

According to available report, a total of 107 political parties have applied for registration, a number that may not have been surprising to the Election Commission. It is common knowledge that come election time, parties proliferate exponentially. Some of these have existence only in name, with a few signboards displayed here and there. Some are centred around a single leader and his/her acolytes. It has been indicated that about 37 parties might qualify after scrutiny.

Though somewhat inter-linked, the dialogues of the major political parties with the caretaker government and the Election Commission have been on different issues. The discussion with the Election Commission centred around registration and eligibility of parties for the same. Though the parties discussed with the Election Commission regarding upazila election it was not a core issue. Almost all the parties reacted negatively when the Representation of the People Order, 2008 was announced. They grumbled that not adequate discussion was held with them by the Election Commission before finalising the amendment. In this connection, they objected to some provisions in the amended Ordinance. A few parties, including Awami League felt that the non-political government had no authority to amend the Order.

The most common and valid objection was over the limited time available for completing formalities before submitting the forms for registration. For instance, many of the conditions to be fulfilled for eligibility required amendment of the parties' constitutions and this not only required time but was hobbled by the fact that council meeting for the same could not be held during emergency. Some of the conditions for eligibility, like having offices at districts and upazilas with a minimum number of members, securing a certain percentage of votes and seats in the last general election, were considered draconian by many parties.

The Election Commission took a conciliatory and pragmatic approach and either dropped or amended the conditions and requirements to be met by the parties. In view of the difficulty of amending the constitution within the available time and the prevailing circumstances, it was decided that draft version of their constitutions would be accepted if the required changes were incorporated. Accordingly, most of the political parties amended their constitution in a hurry in conformity with the requirements of the RPO, 2008. Liberal Democratic Party was the first to submit the form and obtain registration. The BNP and the Jamaat-e-Islami parties were the last to submit. Awami League in its amended constitution mentioned that students and labour wings would be treated as associate bodies. But this did not satisfy the Election Commission. Awami League further amended the constitution, dropping the student and labour fronts but mentioned that these could be organised independently under their own constitution and run in accordance with that. BNP followed suit, making similar provisions in their amended constitution. The Election Commission showed naivete in believing that this fulfilled the requirement of keeping students and workers out of party politics. It is obvious that to satisfy the Commission the parties have adopted the stratagem of merely changing the style and not the substance. Like deft magicians, they have kept student and labour fronts under camouflage, through sleight of hand.

If the Election Commission was serious about banning students and workers in national politics it should have demanded that the constitution of parties should abjure any association with either of these groups in any form or under any arrangement. The time for obtaining a firm commitment from the political parties not to involve students and workers is now, when the parties are eager to be registered. That chance has been lost by default, it seems.

The Election Commission relaxed the condition for having party offices at district and upazila levels and reduced the minimum number to 50 upazilas and 10 districts. Similar reduction was made in the minimum number of enrolled members required. Regarding regular activities at all levels, greater leeway was allowed for flexibility. Same went for the number of Jatyo Sangshad seats won and percentage of votes secured during the last general election. If strictly applied, these would have whittled down the number of parties. When the intention of the Election Commission was to weed out paper-based and signboard-using spurious parties this was the right thing to do. Concessions in these respects were unjustified and may have been counter-productive.

BNP has somewhat democratised the organisation and management of the party. The amended constitution provides for election of the executive committee and the standing committee by the council in a meeting. But this populist move has been eclipsed by the power given to the chairperson to expel any member unilaterally. This runs foul of the democratic spirit reflected in the election of committees. Reading between the lines in the amended constitutions of the major parties, one can detect quite a few vestiges of the past, redolent of autocratic management by one or a few leaders at the top. Like old habits, entrenched practices also die hard. If the RPO was amended with the express intention to popularise democratic practice within the parties, cosmetic changes should not have been accepted as satisfactory. The scrutiny of the draft constitutions should have been made with due diligence.

If any party sprung, a surprise and a pleasant one for that, it was Jamaat-e-Islami. It recognized, for the first time, the war of liberation and thereby redeemed itself of past mistake. By throwing membership open to all, irrespective of religion, caste or creed, the party freed itself from the cocoon of a religion-based party. The party also conceded that the law of the land need not have divine origin and that instead of Sharia-based society, the goal of the party was the establishment of a society that conformed to Islamic justice. These are steps towards modernising the party and making it more liberal. The change of the name also gives the party a nationalistic character. It is, of course, one thing to profess and quite another to practice. The implication of the new reincarnation of the party can only be seen in its activities in future. But for the moment, the party deserves congratulations for the change of heart and mind.

There are reports that some elements of banned militant parties have regrouped themselves and floated new parties under different banners. They may have applied for registration. When asked about this the Election Commission said that they had no mechanism to check this. Subsequently, however, the Commission wrote to the Home Ministry to help them in this regard. If the names of leaders of new parties are checked by the intelligence agencies, persons having past links with militant groups can be detected. It is expected that this procedure will be followed.

All told, the RPO, 2008 and the requirement of registration of parties under it are historic measures to bring about wide-ranging reforms in the political parties. The assumption is that if parties are reformed, politics, too, will be changed for the better. The agenda set by the Election Commission goes beyond holding the next election. It is to cleanse the body politic of the debilitating afflictions that have bled it white. It is a tall order. All new beginnings for change are.