Government moves toward constitutional amendment to implement July Charter, special committee report due in December
The government is moving toward a constitutional amendment to implement the July National Charter. To that end, a special committee formed in the Jatiya Sangsad is holding a series of discussions with political parties, constitutional experts, lawyers, journalists, teachers, stakeholders of the July movement and members of martyrs' families. The committee has set a target of finishing the discussions by December and submitting a report to parliament. However, with political parties holding differing views on various provisions of the charter and the opposition not taking part in the committee's work, political consensus has become important to the implementation process.
From the BNP government side, it is being said that the July National Charter will be implemented exactly as it was signed, including the notes of dissent. Initiatives are being taken to implement through the parliamentary process those proposals of the charter that require a constitutional amendment. However, opposition parties differ over the method and constitutional validity of this process.
Home Minister and chairman of the special committee on constitutional amendment Salahuddin Ahmed said on 20 September that the committee's final report would be placed in the Jatiya Sangsad by December. After that, on the basis of discussions, an 18th amendment bill to the constitution would be brought.
He said opinions would be taken not only from the political parties that signed the July National Charter, but also from constitutional experts, former judges, lawyers, teachers, journalists, July fighters and people of various classes and professions. To finish the work quickly, he also spoke of a plan to hold one meeting every week if possible. That was the second meeting of the special committee on constitutional amendment. Most recently, the committee's ninth meeting was held on 28 October, chaired by committee chairman and Home Minister Salahuddin Ahmed.
The special committee has already exchanged views with political parties and alliances, professional representatives, eminent citizens, law experts, media editors and teachers. The committee has also heard the expectations of family members of martyrs of the July movement and of victims of enforced disappearance.
The July National Charter contains a total of 84 proposals for reforming the state structure. On the basis of political parties' consensus, 47 of them have been identified as implementable through constitutional amendment and the remaining 37 through existing laws, ordinances, rules or executive orders. However, as the BNP and various other political parties have notes of dissent on several important issues, discussion is needed on how those will be implemented.
The BNP's points of dissent include the formation and powers of the proposed upper house, amendment of Article 70 of the constitution, some aspects of the election-time caretaker government system, and the upper house's role in constitutional amendments. Without consensus among the political parties on these issues, determining the final outline of the amendment could become difficult.
Meanwhile, the Jamaat-e-Islami-led 11-party unity is holding division-wise long march programmes as part of a continuous movement demanding implementation of the July National Charter and the referendum verdict. The opposition alliance is marching nationwide with seven-point demands, including constitutional reform through a legal process in light of the referendum verdict.
BNP acting secretary general Ruhul Kabir Rizvi said at a discussion meeting on 1 November that the BNP has not denied that the referendum verdict must be obeyed. Likewise, the party has no objection to implementing the July Charter. However, the BNP and various other political parties have notes of dissent on some provisions of the charter. Those issues must be resolved through discussion in parliament.
Rizvi said the matters mentioned in the July Charter can be implemented through constitutional amendment. All parties together can bring the necessary amendments in parliament on the basis of a two-thirds majority. In his view, in a democratic environment every problem should be solved in parliament and at the discussion table. Earlier, on 31 October as well, Rizvi raised the need for constitutional amendment. He said that while some provisions of the July Charter can be implemented by enacting ordinary laws, some require constitutional amendment. Differences must be resolved through discussion, taking into account the objections and proposals of the BNP and other political parties.
On the matter, BNP joint secretary general Syed Emran Saleh Prince said a parliamentary all-party committee is working on the July Charter and referendum issues. The BNP had wanted to move toward the goal together with the opposition. But he alleged that the opposition, instead of joining the committee, is creating confusion outside.
Prince said the BNP's clear position on the July Charter is that the BNP signed it with notes of dissent. Except for the issues on which there are notes of dissent, the party will implement it letter by letter. On forming the upper house, he said the BNP will form an upper house. He claimed progress on the issue has been obstructed because of the opposition's non-cooperation. After waiting a long time for the opposition, work was started without their participation, the leader said. He expressed hope that the special committee's work will be finished within this year and the implementation process can begin from the new year.
However, Biplobi Workers Party general secretary Saiful Haque does not agree with this BNP position. He said that under the referendum verdict, parliament should have worked for 180 days as a constitutional reform council. By not taking that path and speaking of the constitution instead, the BNP has made what he called a political mistake. He expressed hope that in the winter session of parliament next January, an initiative will be taken to give the July Charter a legal basis through constitutional amendment. He also expressed the expectation of building constitutional arrangements so that no one can become authoritarian in the future. Criticising the opposition's non-participation in the special committee, Saiful Haque said the opposition could have raised its objections and criticism by joining the committee.
Meanwhile, Home Minister Salahuddin Ahmed has spoken of the need for political consensus on the question of constitutional reform. At a seminar titled 'Post-independence Bangladesh's constitutional crisis and BAKSAL' at the July Mass Uprising Memorial Museum in the capital on 31 October, he said political consensus, constitutional clarity and the responsibility of every state institution must be ensured to turn the aspirations of the July mass uprising into an effective state system. He said reaching agreement among all sides is essential on an important matter such as constitutional reform. A commitment made on the basis of consensus becomes a political promise, and if that commitment is later broken, a question of accountability arises for the political party concerned. Not only constitutional amendments, but also state institutions, individual power and the legal framework must be considered with importance, he said.
In his speech as chief speaker at the seminar, former law adviser to the interim government Asif Nazrul also emphasised the accountability of state institutions and the balance of power. He said the higher judiciary and the standing committees of the Jatiya Sangsad must be strengthened. He also raised a proposal to give the chairmanship of several important parliamentary committees to opposition members. In his view, the committees need such powers that they can compel necessary persons to appear and can summon documents. Firoz Ahmed, a former member of the Constitutional Reform Commission, said the prime minister must be given the necessary power to work in order to establish an effective democracy. At the same time, arrangements must be kept so that the prime minister cannot become autocratic. He also emphasised ensuring the independence of the Anti-Corruption Commission, the Election Commission and the judiciary.
Although the initiative for constitutional amendment to implement the July National Charter is advancing, differences among political parties remain a major obstacle. In particular, there are differing views on the formation of the upper house, Article 70 of the constitution and the caretaker government system. With the opposition not participating in the special committee's work, the path to consensus is becoming more complicated. As a result, parliamentary discussion and political consensus have become important for the full implementation of the charter.
