Commission to ask political parties to send constitution reform proposals, govt to open talks later

The newly established Constitution Reform Commission will review written proposals from political parties without direct engagement, opting to collect broader public input through a website launching soon.

The commission will also engage with representatives of the Anti-Discrimination Student Movement and the Jatiya Nagorik Committee, the body announced at a press conference held at the Jatiya Sangsad Bhaban today.

Meanwhile, the search committee formed to appoint a new Election Commission has sought names by 7 November.

Political parties, professional organisations, or even individuals can submit names to the Cabinet Division, the division said in a notice today.

Constitution reform body head Ali Riaz outlined a plan for the constitutional review, aiming to reflect public aspirations and address governance challenges.

"We hope to launch the website on Tuesday and start discussions with stakeholders from next week," Riaz said, adding that the commission's website would collect public opinions and proposals.

Additionally, Riaz said discussions would be held with relevant parties regarding the constitutional claims of people in the hill districts.

He added that they would engage with stakeholders and strive to archive the discussions for future reference by researchers and policymakers.

The commission's scope covers a comprehensive review of the constitution, with a focus on amendments, additions, and restructurings to address evolving public expectations.

According to Riaz, the reform will aim to realise the objectives of the 1971 Liberation War, notably equality, human dignity, and social justice, echoing sentiments from the recent mass uprisings.

Additionally, the commission intends to reflect the nation's aspiration for a non-discriminatory democratic state, ensure effective public participation in politics, and prevent potential fascist tendencies within the government.

The proposed objectives also include balancing power among the executive, legislative, and judicial branches, decentralising state power, and strengthening independence and autonomy for key institutions.

The recommendations also seek to empower regional governance and ensure effective representation.

Riaz clarified the commission's engagement plans to "contact political parties and request written opinions and specific proposals", explaining that the government would later discuss these recommendations with political groups.

The commission will conduct discussions with experts on the constitution, lawyers, civil society representatives, professional groups, and young thinkers to gather a wide range of perspectives.

Mahfuz Alam, a commission member and special assistant to the chief adviser, affirmed the importance of maintaining independence from political influence.

"Most political parties were invited when the commission was formed. The government will engage political parties before and after presenting our proposals. In the meantime, the commission must be allowed independence without pressure," he added, explaining why written proposals, rather than direct talks, were preferred.

Ali Riaz specified that individuals and groups involved in violence during the student-led uprising in July-August, those who supported repression, or aided in legitimising authoritarian actions, would not be part of the consultation process.

Since the commission's formation, its goal has been to "review and evaluate the constitution with a view to reform, establish effective democracy, and empower the people". The commission is expected to submit recommendations by 31 December.

Asked how the recommendations would be implemented by an unelected government, Riaz said, "The government will determine how to implement these recommendations in consultation with political parties."

Alam, however, argued that the commission's efforts were essential for achieving the goals of the uprising, which sought to overhaul the political system.

"The demand for a new political system means a new constitution," Alam said, asserting that the current government is best positioned to enact the necessary changes.

Alam also highlighted the unique circumstances of the commission, stating, "We represent the people through an extraordinary situation. Parliament, elections, and elected representatives hold little relevance in this context." 

In response to questions on constitutional provisions fostering authoritarianism, Riaz identified centralised executive power as a major factor, noting that the shift from a presidential to a parliamentary system in 1991 transferred significant authority from the presidency to the prime minister.

"This concentration of power led to an imbalance, facilitating authoritarian tendencies," he explained.

Addressing the broader implications of the constitutional review, Riaz mentioned that the commission would examine constitutional demands from indigenous communities, promising discussions with relevant stakeholders.

He said, "We aim to archive these consultations for future reference, aiding both researchers and policymakers."

Concluding the conference, Riaz responded to queries about potential political interference, saying, "As head of the commission, I can clearly say we have not been under any kind of pressure from politicians, civil society, the government, or the press."

Search committee seeks EC names by 7 Nov

The Cabinet Division notice stated that in accordance with the "Chief Election Commissioner and Other Election Commissioners Appointment Act, 2022," political parties and professional organisations can recommend up to five candidates for the roles of chief election commissioner and other election commissioners by 5pm on 7 November. Interested persons may also propose their names.

As part of the submission process, proposed names should be sent directly to the Cabinet Division or via email, along with a complete biography.

Earlier on Sunday afternoon, the search committee held a meeting for the first time at the chief justice's conference room in the Supreme Court to discuss the formation of the Election Commission.

None of the committee members made any comments regarding the discussions.

Prior to the first meeting, Cabinet Secretary Sheikh Abdur Rashid told reporters at the Bangladesh Secretariat that the Election Commission would be formed with honest, brave, and competent persons, as required by law.

He added that the Cabinet Division will provide secretarial support to the committee.

When asked when the Election Commission would be formed, Abdur Rashid said, "The committee will make its recommendations within 15 working days. After that, it is up to the president to form the Election Commission, and we cannot comment on that timeline."

On 31 October, the government formed a six-member search committee to recommend candidates for the positions of chief election commissioner and five other commissioners to the president.

The committee is led by Senior Justice Zubayer Rahman Chowdhury of the Appellate Division. Other members are Senior Justice AKM Asaduzzaman of the High Court, Bangladesh Public Service Commission former chairman Professor Zinnatun Nessa Tahmida Begum, Dhaka University's International Relations former Professor Chowdhury Rafiqul Abrar, Comptroller and Auditor General of Bangladesh Md Nurul Islam, and PSC Chairman Mobasser Monem.

The search committee will recommend two candidates for each vacant position to the president for appointing the chief election commissioner and five other election commissioners.