The Alterations we Need in our Election Commission

The Alterations we Need in our Election Commission. The 1970 Pakistan election, often hailed as the “fairest and cleanest” in Pakistan’s history, played a pivotal role in the independence of Bangladesh.

However, over the past 53 years, Bangladesh has struggled to institutionalize a robust and transparent electoral process. Despite holding elections under caretaker governments that were generally considered free and fair, elections conducted under political governments have often lacked credibility, with some being labeled as farcical.

The root cause of this problem lies in the persistent political interference in the election administration by successive governments since 1972. In their bid to maintain power, ruling parties have often conducted elections that are merely ceremonial, undermining the independence of the Bangladesh Election Commission (BEC) and politicizing institutions such as law enforcement agencies, the local administration, and the judiciary to manipulate election outcomes.

As the 13th parliamentary elections approach, the democracy-loving citizens of Bangladesh are eager to participate in this important democratic exercise. However, to ensure the next elections are conducted in a truly democratic manner, it is crucial for the interim government to take immediate steps to rebuild and strengthen the country’s electoral institutions.

The interim government and the soon-to-be-formed new election commission must address several key issues to guide Bangladesh toward genuine democratic elections and transform the commission into a professional organization that truly serves its citizens.

Establishing an Independent Election Commission

The first and most critical step in reforming Bangladesh’s electoral process is the establishment of an independent election commission that is free from political interference. The recruitment of credible and non-partisan authorities, who are committed to democracy and accountability, is essential for ensuring the commission’s independence.

However, the current Chief Election Commissioner and Other Election Commissioners Appointment Act, 2022, falls short in this regard. The act lacks clear recruitment criteria for commissioners, excludes citizen scrutiny, and fails to ensure transparency.

These loopholes allow the ruling class to easily appoint loyal individuals as election commissioners, undermining the commission’s independence.

To address these shortcomings, the interim government should engage a pool of experts to review and propose amendments to the law. These amendments should align with international best practices and ensure that commissioners are recruited based on their ability to perform their duties impartially and effectively.

Ensuring Political Neutrality of Electoral Institutions

No election commission can conduct credible elections on its own; it requires the support of various institutions, including the police and civil service. During elections, the commission should have full authority over election administration, including control over the police and bureaucracy.

This would help eliminate any links between these institutions and the political government, ensuring their neutrality. Unfortunately, the blatant politicization of state institutions has led to situations where police personnel have played a biased role in favor of ruling party candidates, including engaging in widespread ballot stuffing in previous elections.

To prevent such occurrences in the future, the Election Officers (Special Regulations) Act, 1991, should be amended to ensure that no temporary poll officials, including returning officers and police, can act in a biased manner during elections. This amendment would be a crucial step toward ensuring the political neutrality of electoral institutions.

Transforming the Election Commission into a Citizens’ Organization

In a true democracy, citizens are the ultimate controlling power in elections. Therefore, the decision-making process within the election commission should be guided by the voices of the people.

The new election commission should operate with complete transparency, adopting guidelines that ensure its accountability to citizens. This transformation would make the commission an organization that is truly “of the people, by the people, and for the people,” and would strengthen the credibility of Bangladesh’s electoral process.

Promoting Inclusive Participation in Elections

An election cannot be considered credible if opposition parties do not participate or if there is a lack of qualified candidates running for office. The United Nations has emphasized that political contestants have a vested interest in the electoral process through their rights to be elected and to participate directly in government.

In Bangladesh, however, there have been allegations that some qualified political parties were denied registration with the election commission, while others that did not meet the criteria were registered. This exclusion of qualified parties raises serious questions about the credibility of elections.

Before the next election, the interim government and the election commission should ensure that all qualified political parties are given equal opportunities to participate in the electoral process. This would help restore public confidence in the elections and promote a more inclusive democratic process.

Professionalizing Election Observation

Election observation in Bangladesh has never been fully professionalized, largely due to political interference from the ruling party and restrictions imposed by the election commission.

Election observers are a key stakeholder in the electoral process, yet the commission has failed to establish professional relationships with observer organizations. Instead, credible observers have often been labeled as politically biased when they published reports that highlighted electoral irregularities.

There are numerous examples of election-time governments thwarting effective election monitoring by pressuring observers in various ways. These practices have included canceling funds for observing organizations, subjecting observers to intense scrutiny by intelligence agencies, and restricting their movement on election day. As a result, many credible organizations have ceased observing elections in Bangladesh.

To address these challenges, the interim government and the election commission should develop a strategy to professionalize election observation. This strategy should include accrediting credible observation organizations and integrating them as an essential part of the electoral process.

Conclusion

Elections are a cornerstone of democratic governance, serving as the primary means through which citizens express their preferences and choose their representatives.

The upcoming parliamentary elections in Bangladesh present an opportunity for the interim government to restore public confidence in the electoral process.

By establishing an independent election commission, ensuring the political neutrality of electoral institutions, transforming the commission into a citizens’ organization, promoting inclusive participation, and professionalizing election observation, Bangladesh can move towards a sustainable electoral system that genuinely reflects the will of its people.