Why holding the referendum on July Charter a 'herculean task'

In this interview, the election experts discussed the legal, logistical and political complexities of holding a national referendum for the first time in 35 years, touching on challenges such as outdated legal frameworks, civic awareness gaps, paper shortages, and the competing priorities of a parallel general election.

TBS: More than 12.5 crore voters will be asked to cast their ballots either in favour of or against the implementation of the July Charter. But how can one vote on something they do not fully understand?

Alim: Suppose the referendum takes place in 2025 or 2026 — that is 35 years after the last one in 1991. Many people have forgotten about it. 

Graphics: TBS

Those who voted back then may not even remember clearly, and a large portion of the electorate — voters aged between 18 and 35 — have never experienced a referendum. They do not even know what the term 'referendum' really means.

This is why extensive voter and civic awareness campaigns will be needed. A large amount of funding will be required to make people understand what a referendum is, how to vote, and what it will entail.

TBS: Before moving forward, we need to look back at how the earlier referendums were held and under what circumstances.

Jasmine: The first one was in 1977 — it was a simple 'Yes' or 'No' vote. But it was held under an administrative order during military rule, not through any constitutional mechanism. In 1985, the situation was similar. Although the constitution existed, it wasn't effectively in operation.

In contrast, the 1991 referendum was completely different. Several bills were passed in parliament, and then the president sought public consent through the vote.

Alim: The 1991 general election was a good election, and the referendum took place shortly after — probably in September. People knew exactly what they were voting for, and there was extensive campaigning. There was a strong sense of momentum among the public — they knew they were moving from a presidential to a parliamentary system.

Jasmine Tuli and Dr Abdul Alim. Sketch: TBS

This is why the turnout was significant. Everyone understood what it was about and supported it. There was hardly any scope for questioning the legitimacy of that referendum, unlike the previous two, which have long been subjects of controversy.

TBS: Now, what is the situation today if we are to hold another referendum? And what challenges are likely to arise if it is held before the national election? 

Alim: As I've said before, a massive awareness campaign will be essential. The Election Commission cannot do this alone. Other stakeholders — the media, civil society, international partners, and political parties — must all play their part.

The Commission must decide its priority: Is it going to prepare for the national election or the referendum?

The date for the referendum has not been fixed yet. The parties have agreed in principle, but they remain divided over when it should be held. If the referendum and the election are held simultaneously, it may create complications. But from a logistical point of view, it could be manageable with two ballot papers — one for the parliamentary election and one for the referendum — placed in two separate ballot boxes.

We already use multiple coloured ballot papers in local elections, such as city corporation polls. If similar awareness campaigns are launched and clear instructions are given — for example, red ballots for the national election and green ballots for the referendum — people will be able to understand easily.

If the referendum is held earlier, say in January, followed by the general election in February, then the Commission will need to prioritise preparations for the referendum over the election, which will be a major challenge.

Jasmine: There are also multiple notes of dissent regarding the July Charter. Not all issues have unanimous agreement among political parties. Some are constitutional, some legislative, and others administrative. It is still not clear which issues will actually be put to the referendum.

For this reason, clear communication with the public — including people in the most marginalised communities — will be crucial. Farmers and ordinary villagers will also cast their votes. But if they are not properly informed, they may end up casting a mere 'yes' or 'no' vote without understanding what they are voting on.

TBS: What do ordinary people really want? Do they wish to engage with such a complicated issue at all?

Alim: Ordinary citizens never want to get involved in complex matters. Their expectations are simple: They want to go to the polling station, cast their vote in a fair election, and return home without witnessing any violence or chaos. They want a peaceful, credible election. They have no interest in unnecessary complications.

TBS: What will be the challenges if the referendum is held on the same date as the national election? 

Alim: Think about the logistics. Two separate teams will be needed for counting — one for the referendum ballots and another for the parliamentary election. Then there's the issue of distributing the ballots. We'll need more booths than usual because it will take more time for each person to collect and cast two ballots. This will slow down the voting process, meaning fewer voters can be accommodated per centre.

The biggest challenge arises if voting stretches into the evening.

Jasmine: And remember, February is a foggy month. Extending the polling hours from eight to 10 may not be realistic because it gets dark early. There will also be major logistical issues — particularly paper shortages. We already face difficulties printing school textbooks. Printing ballots for over 12–12.5 crore voters requires an enormous amount of paper. Doubling that number for a simultaneous referendum would be a massive undertaking, and it's not clear whether such a paper stock is even available in the country.

TBS: There is currently no legal provision for holding a referendum. How can this dilemma be solved? 

Jasmine: The last referendum was held in 1991, but that law is no longer applicable. The legal framework for referendums is outdated. The laws from 1977 were specific to that time, those of 1985 to that period, and the 1991 referendum had its own framework. None of these can be applied in the present context.

Alim: So, a completely new law and accompanying rules would have to be drafted.

TBS: What is the biggest responsibility of the Election Commission according to the constitution at this moment? 

Alim: According to the constitution, the Election Commission's main responsibility at this point is to conduct the parliamentary election. The government has already announced that the polls will be held in February, so all preparations are focused on that.

TBS: How do referendums happen in other countries? 

Jasmine: Many countries hold referendums, particularly when amending their constitutions. In countries like Australia and France, it is mandatory to hold a referendum if the constitution is to be changed.

Alim: This is because a referendum is a tool of direct democracy. It allows people to express their opinion directly on a specific issue — a simple "yes" or "no" — rather than through their representatives in parliament.

Jasmine: But here's the challenge: the level of civic knowledge and education in countries like Australia or France is far higher than in Bangladesh. If we are to hold a referendum here, the public must first be educated and adequately informed to make an informed decision.

TBS: What may be the complexities of holding a referendum at short notice? 

Alim: Whether the referendum is held in December or simultaneously with the election in February, political parties will play a crucial role. But what will they prioritise? Campaigning for the referendum or the parliamentary election? Their political interests will dictate their actions, and this itself can create further complications.

Jasmine: Organising a referendum in such a short time, and ensuring outreach to all voters, seems nearly impossible to me.