Consensus talks suspended till October as parties split over July Charter implementation
Commission may advise govt to issue a ‘constitution order,’ followed by referendum; Ali Riaz says
On the third day of the third phase of talks of the National Consensus Commission, Jamaat-e-Islami agreed to a proposal from legal experts on implementing the July National Charter. While BNP did not reach an agreement, NCP is yet to decide.
In this situation, the commission refrained from making a decision and instead announced a suspension of discussions until October, said commission Vice Chairman Professor Ali Riaz, adding that the pause would give political parties time to build mutual understanding.
Today, 30 parties joined the discussion at the Foreign Service Academy in Dhaka on the modalities of implementing the July Charter.
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The commission noted that it had formed a Panel of Legal Experts to advise on implementation. Out of four options suggested, one proposal was taken up for discussion.
The legal experts' panel advised the NCC to recommend to the interim government the following measures – the interim government may enact a Constitution Order (CO) under the authority of Article 22 of the July Declaration, incorporating the core reforms envisioned by the July Charter 2025. The CO would take immediate effect.
The CO may then be put to a referendum, to be held on the same date as the next general election. The CO itself may provide for such a referendum. If endorsed by the people, the CO would stand validated from the date of its enactment.
After the talks, Vice Chairman Ali Riaz said, "The parties will hold informal discussions among themselves to try to reach consensus. We've given them time so that the options narrow down. If they move closer, implementation will be easier. For now, we are suspending formal discussions, but informal contacts will continue. Talks will resume with the parties in early October."
He added: "We have received various proposals from the parties. From the commission's side, we formed a panel of experts. Of the four proposals they gave us, we discussed one in detail. Issues not related to constitutional change may be implemented through ordinances, while others would require referendum or a special constitutional order. Today, a consolidated proposal combining both aspects was discussed."
BNP's position
BNP Standing Committee member Salauddin Ahmed said three issues from the panel's advice had been discussed: constitutional order, a referendum on election day, and amendments through referendum after the election.
"One year has already passed under this interim government," he said. "The president administered oaths based on the Supreme Court's opinion. Questioning that is more like street rhetoric than legal argument."
He added, "If the next parliament amends the constitution, a referendum must follow. Parliament can change the basic structure, but Article 142 requires a referendum. Whatever is adopted, after constitutional amendment there must be a referendum again. That would mean two referendums on the same issue. If we keep this hanging, it will only benefit fallen fascism."
Jamaat's position
Jamaat Assistant Secretary General Rafiqul Islam Khan said: "The July Charter's legal basis is the lifeblood demand of 180 million people. People talk of street processions, but fascism fell because of the streets. Without movement, change doesn't come."
He added that Jamaat agreed with the commission's approach: "We support implementation through a constitutional order and then referendum."
NCP undecided
After the discussion, National Citizen Party Joint Convenor Sarwar Tushar said: "We will discuss the matter within our party forum and consult with the experts. We have not yet announced a decision. We still stand firm on the Constituent Assembly."
Commission may advise govt to issue a 'constitution order'
The National Consensus Commission may advise the government to issue a 'constitution order' to realise the constitutional provisions of the July National Charter 2025, a press release from the Commission said quoting Professor Ali Riaz.
The order would later receive final approval from the people through a referendum, held on the same day as the next national election.
The proposed referendum would be stipulated within the constitution order itself, the presser added.
"This could be one of the recommendations the Commission places before the government as a possible pathway for implementing the July Charter," Ali Riaz said.
"However, there are differing views," he added.
Riaz expressed hope that political parties would hold discussions among themselves and arrive at a minimum consensus on the implementation of the July Charter.
