ANALYSIS
Women should be at all levels
of electioneering
Women’s participation in the elections is not a privilege granted to them but their constitutional right, writes Shaheda Ferdouse Munni
The country’s prime focus at the moment is the upcoming parliamentary elections. When the whole nation is celebrating its 38th anniversary of independence, there are also things going on both towards and against free, fair and neutral elections. Participation of all citizens in these elections is really important and the people are looking forward to them. Meanwhile, the Election Commission and government took a number of positive initiatives, including a mandate for all political parties to include at least 33 per cent women in different levels of the party structure to qualify for registration. In response, some of the political parties also made positive moves to comply with that provision.
Everyone is hoping that the winning parties and candidates will be elected to take charge of strengthening the democratic process and establishing a just and equitable society. Another good initiative is the new voters list with photos. It shows a total of 8,10,58698 voters and among them 4,12,36,149 females (50.87 per cent) and 3,98,22,549 males (49.13 per cent). That means, 14,13600 more women than men are registered to vote in the coming elections. This is remarkable and thus merits attention of all concerned. The government and the Election Commission really need to check whether all appropriate steps are taken to ensure women’s free turnout.
The Election Commission forms a number of committees to ensure free, fair and neutral elections. These committees include representatives from relevant organisations as well as eminent citizens and are responsible to support the participation of each and every voter who arrives at a polling centre. These committees include the Electoral Investigation Committee, Election Management Team, Election Monitoring Team, Law and Order Team, and Vigilance and Monitoring Team. In these committees, women’s participation needs to be ensured as the representatives of approximately 51 per cent voters. Women representatives will be specifically able to raise women’s issues and concerns and thereby take appropriate targeted initiatives. Therefore, we demand that the EC takes measures to include at least 33 per cent women’s representatives in these committees. I also would like to highlight the need of deploying as many women as possible in the law-enforcing forces.
We have seen in the past that women could not exercise their voting power in some areas of the country because of fatwa and other non-state jurisdictions. The Election Commission should address this issue seriously with strict legal actions against those trying to deter women from voting. In the same way, the EC should ensure that the overall electoral environment is women-friendly. To do this, the EC should set up adequate numbers of women’s booths in those constituencies with more women voters. The distance to and from the electoral centers should be considered with women voters in mind. Adequate number of separate polling booths should be set up for women where man and women will cast votes together. Since women have to spend more time on household activities, steps should be taken so that they do not have to wait for long to cast their vote. In order to ensure that, double marking seals and parallel booth facilities can be provided.
Due to the prevalence of patriarchal mindsets, women’s participation in the political and state institutions in Bangladesh has been very limited till today. Throughout the world, consciousness has been growing against this situation. If the EC considers these positively, then it will surely contribute to increasing women’s participation in the electioneering process, which has been considered as one of the preconditions for good governance.
In the last few elections, we have seen that women, especially those of religious minority and disadvantaged groups are the first victims of attacks during or following the elections. So without proper steps, women may not spontaneously go to the polling stations and cast their votes. I think the EC should look into this matter seriously. We should not forget that, women’s participation in the elections is not a privilege granted to them but their constitutional right. Therefore, those involved with the elections process need to take proper steps so that women do not face any difficulties while exercising their voting right.
There are some good TV infomercials encouraging women to cast their votes according to their own choice, free from any influence from her husband or others. That is also a timely initiative as mere participation means nothing. Rather quality of the participation (choosing the right candidate) should also be considered significantly. Finally, the EC needs to take proper steps for the security of the women candidates. Women candidates should be able to campaign without any fear or influence. Special security can be provided for that. Last but not least; it is the voters who can really make a change. They should vote for the right candidate. To us, among other essential attributes, the winning candidates should have gender-sensitivity and women-friendliness in common. Let’s not forget that the candidate we are choosing will be working for us in the next five years. So it is really important!
Shaheda Ferdouse Munni is deputy coordinator of Steps Towards Development
BALLOTSBLOG
Make a wish, or two
by Tanim Ahmed
Food for the hungry. Schools for the illiterate. Hospitals for the sick. Land for the landless. Guaranteed work for the unemployed. And that is not all. Between them the Awami League and the Bangladesh Nationalist Party promised universal sanitation, food security, internet connection at every upazila. Agriculture will thrive with the government providing easy loans and subsidised inputs. Industries will flourish with massive investment. Exports will boom as new sectors emerge and unexplored markets are opened up. For the deprived, dispossessed and disadvantaged, there will be an all encompassing safety-net. There will be electricity lighting up houses in every nook and cranny, natural gas supply will reach the northern and western regions.
In short it is a long wish list for the most part. Considering the condition of the country, thanks to both the main parties bickering amongst themselves and exploiting their tenures in office, the list would have to be quite long anyway. One is a little more concrete than the other but no less wishful. There is just one problem though: neither of the wish lists mentions money. Each of the lofty wishes would require much of it to actually implement. One cannot help but wonder where the money will come from or how such amounts will be made available to all fronts at the same time. Subsidies for agricultural inputs, increased safety net, establishment of schools and hospitals, incentives for industries and power generation, besides a host of other programmes are all going to require substantial resources.
Unless, of course, there is a magic lamp somewhere and the genie will only do the bidding of the winning party. Zap, and there you have it. Now only if the people could get their three wishes.
VOXPOP
Zaman Monir asks people in Sylhet ‘if they think there are any difference between the candidates for the upcoming national elections compared to those who ran in past elections’
Nazir Hossain, British expat
The present candidates are by-products of past political leaders and parties. We cannot expect any significant change from them until we bring a change in the political system.
Siddique Ahmed, member Dhaka bar associaiton
We expected that the initiative of the present government would bring a change in politics. But it was very frustrating.
Saidur Rahman Saimon, college student
Most of the corrupt politicians and their close aides have become the candidates in the election. Essentially then there has been no change at all.
Ishaq Ahmed, retired schoolteacher
There has been a slight change this time. It would be better if the High Court completely barred loan defaulters from becoming candidates.
Makbul Husen, farmer
There is no difference between the candidates of the present and previous elections. None at all. They are all the same in nature.
Delwar Ahmed, physician
I do not see any change really. Candidates of the forthcoming elections are almost the same as those who ran previously.
Sayarun Nessa, housewife
Well some candidates are better than before but by and large there is no marked difference. At least I do not see any.
Sonara Begum, health worker
I see no difference. Individuals may have changed but there has been no substantial change in the candidates. Most of them are as bad as the previous ones.
READERSPEAK
Manifesto
The AL manifesto, like all election manifestos, sounds great on paper, offers us a shiny and bright future. But we all know how hollow these promises are and can well assume what awaits us in the near future.
In actuality, do the election pledges of the politicians bear any significance at all?
Sonia Sharmin
North South University, Via SMS
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The FBCCI president was seen in the electoral manifesto declaration programme of the Awami League but was not seen in that of the BNP. Is it not some sort of a bias?
A citizen
Via SMS
* * *
The Awami League disappointed us by presenting a vague election manifesto. We did not expect a manifesto just for the sake of a manifesto. This tells us of continuation of traditional politics but we want to see a departure from traditional politics and the beginning of a bold, honest politics based on the socio-economic realities. On the economy, the manifesto talks about reduction of prices of essential commodities but it fails to specify how.
The manifesto talks about free medical facilities for the freedom fighters but fails to say what kind of medical care facilities the 150 million people of Bangladesh can expect and what sort of medical care facilities they can build for the general public of this nation. Nothing has been said about the sensitive issues we are facing now.
I have a feeling that we have not learnt much even after so many years of experience and turbulence. Probably, we have yet to learn that when it comes to political consciousness, the people of Bangladesh are mature and intelligent. We should know how to take the interests of the nation and the country seriously.
MH Khan
Via e-mail
FEMA banned as election observer!
This is a great shock that the EC has banned FEMA from observing the upcoming election. FEMA is the biggest and the oldest election observation organisation in the country and have been in the filed since 1996. It has a wide network all over the country and has been working hard in reporting electoral affairs free and fair. Since 1996, the organisation has worked fairly without any question raised by any quarter.
The EC should allow FEMA to observe the upcoming polls to ensure a fair and credible election reporting.
Mithila Farzana
Via e-mail
* * *
It is really shocking that FEMA, the biggest and oldest election observing organisation in Bangladesh, didn’t get the permission to observe the upcoming election. This organisation has been working on election observation since the ’90s. Over the period, FEMA has built a strong network across the country to observe election fairly. Even internationally renowned election observing teams coordinate with FEMA.
As a conscious citizen of the country and having a clear idea about FEMA, I hope that the EC will withdraw its restriction and allow FEMA to observe the upcoming election.
Hasan Md Mahmood Ul Haque
Lecturer, SBA, PUB, Dhaka
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Next on Readerspeak
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a. BNP pledges accountable political system: Khaleda unveils 36-point election manifesto (New Age, December 14)
b. AL to go digital in polls campaign: Hasina to make fewer field visits on security grounds (New Age, December 14)
c. AL not to enact laws against Qur’an, Sunnah: Matia: Hasina fails to attend medial cell launch because of illness (New Age, December 14)
d. No differences in grand alliance, says Ershad (New Age, December 14)
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Interim government guilty of
‘constitutional delinquency’
The High Court on December 4 declared illegal and void four provisions of the Emergency Powers Ordinance 2007 and the Emergency Powers Rules 2007 in disposal of a public interest litigation writ petition, filed by New Age editor Nurul Kabir, rights activist Sultana Kamal, also a former adviser to the caretaker government, and Dhaka University law teacher Hafizur Rahman Karzon. Amirul Islam, who was the chief counsel for the petitioners, talks about the implications of the court’s verdict in an interview with Mubin S Khan and Konka Karim
New Age: The High Court on December 3 declared illegal and void four provisions of the emergency powers ordinance and rules, especially relating to the restriction on seeking bail, appeals against lower court orders and stay on the sentences. Now that the emergency is slated to be lifted on December 17 and many people tried under the emergency power rules are already out on bail, what significance does this ruling have?
Amirul Islam: Most of the people currently out on bail have been issued bail based on whether the first information report was lodged within 15 days of the arrest. The other ground on which bail has been issued is on medical grounds where a medical board judged that a person’s life may be in danger and the medical board made an exception.
The basic premise on which bail is issued, however, was still held back by the Emergency Powers Rules. After this ruling, people have recovered their right to seek bail.
More importantly, however, in our case, we argued that the High Court’s power to grant bail cannot be taken away as was stipulated in one of the clauses of the Emergency Powers Rules.
We argued that the legislature, judiciary and the executive are the pillars of a modern state and the right to grant bail was a fundamental structure of the judiciary. You cannot change a fundamental premise either by drafting legislation or by amending the constitution.
Articles 101 and 102 of our constitution which relate to the power of the high court and articles 103 and 104 which relate to the appellate division are fundamental principles on which our constitution is based. We argued that there are certain ancient powers of the constitution which cannot be amended.
This case will go down in history like the eighth amendment case during the Ayub Khan regime where the court overruled a constitutional amendment.
What is the political implication of this ruling?
The political implication is that, in the future, these draconian clauses cannot be included in any emergency powers rules. The section 5 of the EPR, which stipulates that no order issued under the emergency ordinance or rules can be challenged in any court, makes the EPR like the rules introduced by Henry the Eighth where you claim: ‘I am the law’.
The right to ask for bail is a fundamental aspect of our jurisprudence and it cannot be tampered with.
Those who were refused bail during this tenure, can they seek any damages from the government?
The right to seek bail is a fundamental right, not the right to be granted bail. Therefore, there is no question of compensation.
The court further observed that the state of emergency cannot exceed 210 days (seven months). We are now in the twenty-first month of emergency. What significance does this observation have?
The court observed that emergency as such is a constitutional concept and cannot operate beyond the tenets of the constitution. According to the constitution, a president can declare a state of emergency for 90 days after which a parliament must be convened which has another 120 days to lift the emergency.
Beyond the 210 days (90+120) emergency becomes void and, if need be, the president must either lift it or declare a new state of emergency.
So, in the future, if somebody challenges this state of emergency, what happens?
This observation by a High Court Division is significant and can certainly be cited in the future. The court further observed that contrary to popular description the fundamental rights of people accorded by the constitution in articles 37 to 42 are not suspended during a state of emergency but transgression by way of law is permissive.
The suspension is not enforceable and in the case of transgression the court can give a judgement in any direction.
The court further raised the point as to why citizens like Sultana Kamal and Nurul Kabir had filed the petition even though they are not directly affected by these clauses of the emergency powers rules?
Yes, the court did. On this point we argued that according to article 102 (sub 2) of the constitution it is the duty of every citizen to uphold the constitution. There are further instances of this right in article 21 of our constitution.
The court further asked Nurul Kabir to speak on this issue of which he spoke at length arguing how it is a duty of every citizen to uphold the fundamental rights insured in our constitution and how neglecting this duty now can result in him being personally affected at a later period. A draft of his deposition has been attached as a citation in the ruling.
There has been a lot of debate regarding the legitimacy of this government. Once the emergency has been lifted and the constitution is re-instated, on what premise will this government carry on?
According to the constitution, this government has been assigned a job which they must complete in 90 days. In essence, this government is a continuation of the caretaker government which took over in October 2006.
This government has violated the constitution which ‘ought not to be violated’. However, the consequence of this violation does not make it illegal. Rather, as our state is of a republican character, the government has to be made accountable for the delay.
They have to explain in the future, firstly, why it took them so long to prepare a voters’ list; secondly, why the direction of the Appellate Division which declared that the voters’ list must be continuation of the previous voters’ list was not followed; and, finally, why the EC, one of the primary duties of which is to prepare the voters’ list, allowed the armed forces to complete the task.
They have to be made accountable for constitutional delinquency and must be made answerable to the people.
As for lifting of emergency, I am sure they will put in some saving clause.
There is a lot of confusion regarding the corruption drives conducted under the Emergency Powers Rules. What is the future of these cases?
The law will take its own course. There is no reason why they cannot be pursued under the existing legal system.
The Truth Commission has already been declared illegal. What happens to the people who have already declared their wealth discrepancies?
We have to wait and see what happens to the Truth Commission. However, if the Truth Commission remains illegal, these people can always plead ‘double jeopardy’ citing that they submitted their wealth statement under the then provisions.
Many people have been denied nomination based on corruption cases, loan default etc. But then again many people have been absolved. What is the actual criterion?
From a legal point of view, though I do not know the merits of the individual cases, one can always appeal to the courts on various grounds. For example, a defaulter can cite the fact that he was only a guarantor for a loan and get a stay from the courts.
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