An Election Commission saga
Shahid Alam reflects on some inside stories
Periodic elections fulfill one of Abraham Lincoln's famous, if a little inaccurate in terms of reality, implied definition of an ideal-typical liberal pluralist democratic system as being reflective of "government by the people". It is the one time when the people potentially have a real say in who governs and/or legislates on their behalf. Bangladesh is not exactly an epitome of a liberal pluralist democracy in either operation or, more importantly, spirit. It still has a fair way to go before it can attain that status. However, since 1991, except for an undesired two-year extended period of military-backed caretaker administration, this country has been chugging along in fits and starts with a parliamentary democratic system, complete with periodic elections. M. Sakhawat Hussain was an election commissioner who was appointed to his position in 2007, during that extended interregnum, and completed his five-year stint in 2012. He then recounted his personal odyssey as an election commissioner, along with his views on the electoral process, in a monumental book of over 600 pages, with his personal diaries obviously facilitating its composition and eventual publication within a year of the end of his tenure. The resultant Nirbachan Commissione Paanch Bochhor is an exhaustive account of the structural and procedural aspects of the Bangladesh Election Commission (EC).
As of 2012, just four out of ten ECs have been able to complete their full five-year terms. This rather sorry picture is as much a reflection of the country's generally dysfunctional political system as it is of inadequacies in resolve and integrity within ECs themselves. Hussain refers to the 1994 Magura-2 hugely controversial bye-election, one which former BNP finance minister M. Saifur Rahman admitted in his memoirs to have been the blackest chapter in Bangladesh's political history. It was just that, and it illustrated the spinelessness, or helplessness in the face of political pressure from the government, or both, of the chief election commissioner (CEC) at that time, one who had competently conducted national elections in 1991. The Magura-2 election also had the very unpleasant effect of the caretaker system being forced on the country's political system, an introduction that continues to bedevil it to this day, as well as solidify deep distrust between the two premier political parties, Awami League and BNP, another phenomenon that has vitiated one of the two most critical aspects (along with a sound economy) of a nation-state: a healthy political culture bolstering robust and vibrant political institutions.
The upshot of these unwelcome developments has been a few undesired intrusions. Foreign diplomats stationed in Dhaka or visiting, and a host of international organizations, several from the USA, have taken it upon themselves to advice, cajole, or lean upon the EC, in the manner of imperial/colonial governors, or embodying a post-colonial recalling of the colonial concept of the white man's burden. Hussain's portrayal of the US Ambassador Patricia Butenis during his tenure as commissioner, and in the aftermath of her departure is accurate, significant, and instructive of a number of aspects about Bangladesh's politics and self-image: the way she acted with this country's politicians and interfered in its internal affairs appeared to give her an aura of a colonial power's proconsul. As Hussain observes, nothing of note has changed since her departure. And most tellingly, one could not agree more with his statement that no self-respecting nation would allow foreigners to blatantly and publicly interfere in its internal affairs. Another outcome has been that, although this phenomenon was not totally absent before the Magura-2 fiasco, after every election, the losing party/parties complain of the process as having been rigged in the winner's favour. Ironically, this trend has grown over the years since parliamentary democracy resumed being the country's polity of choice in 1991.
The EC of 2007-2012 achieved much, of which the most important were the preparation of an accurate voter list (to offset the patently flawed one prepared by the immediate previous EC headed by CEC Justice M.A. Aziz), national ID cards with the army's cooperation and active help, and the experimental introduction of EVMs. Hussain discusses these points in great detail, although one can detect distinct overtones of self-gloating at these achievements. One can understand his glee, but it needs to be assessed from the standpoint of his own assertion that, in this country, there is an indecorous tendency for the current institutions and individuals occupying senior positions in them to vaingloriously declare their particular tenures in office to have surpassed all the previous efforts. Although acknowledging some good efforts by some of the previous ECs, Hussain in no uncertain terms categorizes the 2007-2012 EC to have outperformed all its predecessors! Maybe it has, but Hussain hardly finds any fault with the functioning of his EC and its officials.
Here is a sampling of some of his observations and opinions. There can be no free and fair election without the existence of a strong judiciary and law enforcement mechanisms. The country's politics has become so personality/individual-centered that a healthy political culture has not been able to emerge, and, worryingly, there is no sign that things will change for the better in the foreseeable future. On another very disturbing issue that has cropped up over the years, the author notices that politicization of the bureaucracy has occurred to such an extent that many officials have been behaving like their party-of-choice cadres. Consequently, if the administration is not neutral, ensuring fair elections becomes a difficult proposition. At least as importantly for a healthy political culture, Hussain remarks that the opinions of grass root-level supporters of political parties are not reflected in their nomination process come election time. Consequently, a good number of unsuitable/undesirable persons receive party approval and get elected. Many moneyed persons and big businesspeople buy nominations, and even some known miscreants have been given the nod to contest elections. As a result, the influence of big money and muscle power has visibly crept in on the country's political culture.
There are more thoughtful observations and conclusions. One, which will be contentious, although deserving of serious consideration and is also practiced in several countries, is about the possibility of introducing proportional representation system to the election process to replace the current first-past-the-post arrangement. He bases his recommendation on the country's voting patterns, percentage of votes garnered, and the existence of a variety of political opinions. Regarding the composition of the EC, he suggests that Bangladesh might wish to follow the Indian custom of the senior-most member to take over the CEC's position once the incumbent's term has ended. This will ensure experience, continuity, and credibility in the EC.
Hussain recommends that, to ensure transparent and fair elections, voting should be conducted on multiple days. This will allow for greater EC efficiency in managing and monitoring elections. An interesting insight was provided on the CEC's aversion to watching nightly talk shows so that, consequently, he was not influenced in any way by talking heads waxing eloquent on elections and the electoral process. Another of Hussain's insightful comments revolves around the average Bangladeshi being prone to conspiracy theories. This will explain the rejection of election results, questioning of appointments to important government positions, and theories on the visits of foreign dignitaries, among others. Significantly, during his tenure, Hussain witnessed the visibly growing influence of Jamaat-e-Islami on BNP.
Regarding the EC, Hussain believes that certain reforms have strengthened its functional capability, but more needs to be done to make it truly independent and, consequently, more efficient. He offers a few suggestions on how to go about doing it. The author talks broadly about the much-discussed "minus-two" formula without pinpointing to specifics, and laments on how the constant flow of migration to Dhaka from outlying districts because of the centralization of political, administrative, and economic activities in the capital has condemned it to being essentially a glitzy mega-slum (perennially a candidate for the title of the worst livable city in the world). It has also led to the problem of gerrymandering or redistricting of constituencies in the city and elsewhere.
Although the book was published before it happened, it actually presaged Shahbagh Projonmo Chottor when the author remarked that the war crimes issue has become particularly a prime cause among the new generation of Bangladeshis. He was summarizing some of the causes of BNP's defeat in the December 2008 general elections: poor governance, corruption generated from Hawa Bhavan, BNP's close ties with Jamaat-e-Islami as extremism increased and intensified in the country, and the public's perception of BNP of being an ally of Jamaat, which has been accused of having committed war crimes in 1971, during the BNP-led alliance's tenure in office from 2001 to 2006. Hussain believes that the secular centrist or right-of-center parties' alliances with religious parties at different times have strengthened the extremist positions. There are errors in the book due to slips in editing. The country was not under emergency rule on 20 August 2004. And Abu Hena was not the CEC when the 2001 elections were held. M.A. Saeed was. These are small mistakes in such a sizeable book. Nirbachan Commissione Pach Bochor (2007-2012) will provide both the serious reader and layperson alike a deep insight into the EC and the electoral process in Bangladesh.
Shahid Alam --- writer, actor, former diplomat --- is Head, Media and Communication department, Independent University Bangladesh (IUB).
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