Interim govt has no authority to issue July Charter Implementation Order: Fakhrul

Key points from Fakhrul's statement

• Interim govt has no authority to issue any order, no bill becomes law until approved by president
• BNP does not accept a referendum decision outside election day as it would be  unrealistic and ill-considered as it is costly and time consuming
• The one-year-long discussions with Reform and Consensus Commissions were meaningless and farcical
• Notes of dissent of political parties not included in Consensus Commission's recommendations
• Final copy of the July National Charter not presented to BNP on 17 October during July Charter signing
• Incorporating proposals automatically into the Constitution after 270 days against democratic values
• Several clauses agreed upon through consensus were altered without BNP's knowledge

The interim government has no authority to issue the July Charter Implementation Order as only the president can issue an "order", said BNP Secretary General Mirza Fakhrul Islam Alamgir.

The Consensus Commission recommended that to implement the constitutional amendments incorporated in the July National Charter 2025, the government will issue an order titled "July National Charter (Constitutional Reform) Implementation Order 2025."

An "Order" holds the status of law according to the constitution; therefore, its issuance falls under the jurisdiction of the president. So, the interim government has no authority to pass any order, he said during a press conference held at the BNP Chairperson's political office in Gulshan today (30 October).

The press briefing was organised to announce the decisions taken at the party's standing committee meeting held the previous night.

Mirza Fakhrul said the proposals and recommendations of the National Consensus Commission are one-sided and are being forcibly imposed on the nation.

He said, "The proposals and recommendations of the so-called Consensus Commission show that the year-long reform process and the prolonged discussions between political parties and the so-called National Consensus Commission were meaningless — a waste of time and resources, and ultimately a deception against the nation. In a democracy, it is natural for political parties to have differing opinions."

"Some of the provisions agreed upon by all [political parties] have been changed without anyone's knowledge," he added.

Regarding holding a referendum on the proposals of the Consensus Commission, Mirza Fakhrul said, BNP will never accept a referendum outside of election day. Considering the time, cost, and the massive logistical arrangements similar to an election, it is unrealistic and ill-considered, said the BNP leader.

According to recommendations in the July National Charter (Constitutional Reform) Implementation Order, 205, the reforms — if not enacted within this period — will automatically take effect as approved in the upcoming referendum, which is likely to be held alongside the national election. 

Mirza Fakhrul today said the provision stating that the proposals would be automatically incorporated into the Constitution after 270 days is against democratic values.

Notes of dissent

In the long and continuous discussions of the National Consensus Commission, consensus was reached on several issues — some with notes of dissent from certain political parties.

In the way the July National Charter 2025 was formulated, it is clearly stated in the notes of dissent section that any political party or alliance that has expressed dissent on specific issues may take necessary measures in line with its position if it secures the people's mandate through elections.

It is worth noting that all sessions of the National Consensus Commission were broadcast live on BTV and other electronic media, allowing the entire nation to witness the proceedings.

"Subsequently, on 17 October, during a historic event at the South Plaza of the National Parliament, we only signed the declaration of commitment based on the discussions that had taken place. However, the final copy of the July National Charter was not presented to us on that day," said the BNP secretary general.

Later, after receiving the printed copy of the July National Charter, it came to our attention that several clauses that had been agreed upon through consensus were subsequently altered without our knowledge. For example: The provision regarding the removal of the requirement to display the portrait of the late Sheikh Mujibur Rahman in government and private offices was not included in the Charter, even though almost all political parties had given their written consent on this matter.

Also, despite almost all political parties agreeing with the Consensus Commission's proposal to completely repeal Article 150(2) of the Constitution (covering the Fifth, Sixth, and Seventh Schedules), this clause was secretly altered in the final version of the Charter without the parties' knowledge, said Mirza Fakhrul.

Mirza Fakhrul Islam Alamgir also said, BNP, if necessary, will approach Chief Adviser Muhammad Yunus to ensure the implementation of the July National Charter by including the "Note of Dissent" submitted by the political parties in the charter,  and press for a referendum on the contentious issues on the day of the national parliamentary election.

Mirza Fakhrul said, the "Notes of Dissent" were submitted not only by the BNP but also by other political parties.

BNP Standing Committee members Abdul Moyeen Khan, Nazrul Islam Khan, Selima Rahman, and Salahuddin Ahmed were also present at the briefing.