Bangladesh races to implement sweeping reforms: How much headway have the commissions made?

Some of the commission heads believe 90 days is not enough to make recommendations

As Bangladesh’s interim government prepares to usher in an elected administration, its reform commissions are racing against the clock to overhaul the country’s state and political systems.

The government, which came to power following the ouster of the Awami League government through a mass movement, has formed multiple commissions tasked with proposing changes to key sectors - from electoral reform to public administration.

However, pressure from major political parties, particularly the BNP, is mounting for accelerating the reform process and hold elections as soon as possible.

Under the circumstances, discussions about the progress of these reform commissions have come to the fore, amid growing public interest surrounding elections.

The reform commissions, however, face significant challenges. Established with strict 90-day deadlines, many commission heads have described the timeframe as insufficient. However, they are still confident that the recommendations will be handed over to the chief advisor within the stipulated time period.

Two months after coming into power, the interim government formed six commissions in the first week of October to reform six sectors of the state. Then, in November, five more commissions were formed given 90 days to submit its recommendations.

The six commissions formed in the first phase have adopted an inclusive approach, gathering input from stakeholders through surveys, written submissions, and public consultations. Websites have also been set up to facilitate broader engagement. Many of these commissions are now reviewing feedback and finalising their recommendations which is due in three weeks.

Meanwhile, the commissions formed in November are in the initial stages of their work, adding urgency to an already packed reform agenda.

Commissions on electoral reform, police, judiciary, corruption eradication, and public administrations, which were formed on Oct 3 have a deadline until Jan 2 to submit their recommendations.

The Constitutional Reform Commission, which was formed on Oct 6 is slated to submit its report by Jan 5.

Furthermore, reports from commissions on media, health, labour, women’s affairs, and local government, which were formed on Nov 18 will submit the reports by Feb 17.

ELECTION REFORM COMMISSION

There is a lot of controversy surrounding the three national elections held under the ousted Awami League government.

Allegations of rigging, obstruction of polling stations by opposition candidates, and voting irregularities dogged the polls, with critics pointing to the Election Commission’s failure to address these issues.

In response, opposition parties, including the BNP and its ally Jamaat-e-Islami, boycotted the 12th National Assembly elections held in January.

Since the caretaker government system was abolished by amending the Constitution in 2011, the BNP and like-minded political parties had been demanding the reinstatement of a neutral government to oversee elections.

Efforts to reform the electoral system have gained traction, with some factions advocating for the restoration of the caretaker government system. Legal initiatives to address this demand are reportedly underway.

Meanwhile, the Election Commission has announced plans to update the voter list, beginning with a draft publication on Jan 2, followed by door-to-door data collection. The final list is expected to be published by Mar 2.

However, the BNP has criticised this timeline, calling for swift reforms to be completed within three to four months for early elections.

The BNP’s demand followed a statement from Chief Advisor Muhammad Yunus, who, after discussions with an International Monetary Fund advisor, emphasised the need for elections to proceed with significant reforms.

When asked how far the electoral reform had progressed, commission head Badiul Alam Majumdar told bdnews24.com: “We hope to submit the recommendations within the stipulated time. There is a time constraint. There is a lot of work and many people have to be spoken to. We can get more work done if more time is provided. People’s opinions can be taken.”

He added: “Time is running out, but it needs to be done within this time. We hope the recommendations will be satisfactory.”

“Everyone from the common man to the significant members of the society have given their opinions. We have received hundreds of proposals through Facebook and websites.”

“We have sent a message, hoping to get more responses. The response from political parties is also satisfactory. They are interested in making these changes. Most of the parties have sent their proposals,” said Majumdar.

The Election Reform Commission sought written opinions from 22 of the 48 registered parties, including the BNP and Jamaat-e-Islami. Opinions were not sought from the remaining parties, including the Awami League and the Jatiya Party, the opposition party in the defunct 12th parliament.

“It is difficult to say what the recommendations will be. But I can say one thing that there will be no EVMs. Because the EVMs that are there are not functional. They have been destroyed.”

“There is no consensus on EVMS. EVMs cannot be used without political consensus,” he added.

According to the commission chief, the recommendations have not been finalised yet.

“There are several issues that have broad public opinion, such as the “no” vote, the upper house of parliament, the two-term limit for the prime minister – the political parties are interested in these. We are not sure yet, but we are thinking about many things.”

He said: “These will definitely require significant changes to the constitution. For that, we will need a parliament. So, we will have to wait for an elected government.”

JUDICIAL REFORM COMMISSION

Former Justice of the Appellate Division Shah Abu Nayeem Mominur Rahman told bdnews24.com: “The activities of the Judicial Reform Commission are an ongoing process. Reform work should not be a part-time job. There should be a permanent commission.”

He also believes that it may be difficult for the commission to complete the full report within the deadline.

“The report is supposed to be submitted to the government by December. We have received about 700 to 800 proposals so far. It will take the third week of December to write down these recommendations and prepare them for the report. In that case, we will be able to deliver something within a short time period.”

Meanwhile, he has told the media that the commission will send a recommendation to form a high-powered committee to find ways to reduce the harassment and costs of people seeking justice. In addition, a draft policy has been formulated to reduce the backlog of cases pending in courts across the country and to appoint judges in high courts.

ANTI-CORRUPTION REFORM COMMISSION

Iftekhar Zaman, the head of the commission formed to reform the Anti-Corruption Commission, told bdnews24.com: “We have time until Jan 6. We hope to submit our recommendations by the end of this month. But it may take at most the first week of January.”

According to Zaman, the commission has spoken to a diverse group of people for opinions including people who have been harassed by the ACC, as well as those who have worked with the organisation in the past.

“I have spoken to everyone in Dhaka, and outside of Dhaka. I have received positive responses.”

“There is always party influence in appointing commissioners to the ACC. There is a lot of bureaucratic influence here. We have discussed these issues.”

“There are two classes in the ACC [ those who come on deputation, and those who are directly appointed by the ACC], there is discrimination, anarchy, and irregularities between them. These issues have also come up in various research and media reports. The ACC Reform Commission has been able to verify their accuracy.”

He added: “The ACC cannot take any action against those who were or are involved in power. Those who are out of power, those who are harassed by political opponents – such issues have come up for discussion. Opinions have been shared on how to further strengthen the internal control system and ensure accountability.”

“We all want the ACC to be independent. Our recommendations will be based on these. The recommendations have not been decided yet. The issues are being discussed.”

“There are some laws that affect the work of the ACC. For example, The Public Servants Act (Inquiries) Act, Income Tax Acts. There will also be recommendations to strengthen the ACC in some areas.”

CONSTITUTION, POLICE & PUBLIC ADMINISTRATION REFORM COMMISSIONS

Ali Riaz, the head of the Constitutional Reform Commission said: “Our work is progressing. We are getting cooperation from all parties, including political parties and stakeholders. We hope to be able to give recommendations in due time.”

“We will make recommendations according to the responsibility given to the commission. We hope to get 90 days until Jan 5 to submit the report.”

“We have collected the comments through the website. We received more than 50,000 recommendations within the stipulated time. We will take all the proposals and opinions that come into consideration. We will make recommendations where necessary.”

According to the press statement issued by the commission on Dec 4, the Bangladesh Bureau of Statistics will survey the opinions of the citizens in 64 districts of the country from Dec 5 to Dec 10. The commission is exchanging views with various stakeholders, organisations, and constitutional experts. As many as 50,573 people have given their opinions to the commission for reforms through the website. In addition, written proposals have also been taken from political parties.

On Nov 4, the chief advisor met with the heads of the six commissions.

During the meeting, Abdul Muyeed Chowdhury, the chief of the Public Administration Reform Commission said his commission was working in full swing. He also said the commission was done collecting everyone’s opinions through the website and were exchanging views with the public at the district and Upazila levels.

In another meeting, Safar Raj Hossain, the head of the Police Reform Commission briefed the chief advisor.

During the meeting, he said the commission has been receiving proposals to amend some of the laws and rules, which were being scrutinised. In addition, some provisions of the Code of Criminal Procedure, 1898, were being analysed.

He also said work was underway on a proposal to change the method of force used to control “mobs”.

Meanwhile, 88.7 percent of the people who participated in the survey for the Police Reform Commission voted in favour of depoliticising the law-enforcing agency.

WORK OF FIVE MORE COMMISSIONS: WHAT DO THE CHIEFS THINK?

The Media, Health, Labour, Women’s Affairs and Local Government Reform Commissions are scheduled to submit their reports to the chief advisor of the interim government within the next 90 days. The notification announcing the formation of these commissions was issued on Nov 18.

Tofael Ahmed, head of the Local Government Reform Commission, told bdnews24.com: “We have just begun. We should be able to submit in time. We have to sit with the people. We have not sat down with the parties yet. We will take recommendations from them.”

“People are giving suggestions. It is not possible to say what kinds of responses or suggestions are coming.”

Shireen Huq, head of the Women’s Affairs Reform Commission, told bdnews24.com: “We have only had one meeting. We started work on Dec 2. We will sit again for a whole day on Dec 11.”

“We want to eliminate all kinds of discrimination against women in laws, rules, and programmes. We will identify what steps can be taken for equality.”

“We will sit with many people. But we have less time. Only 90 days. 10 days have passed. We have to finish. Whatever happens within that time, we have to submit.”

Labour Reform Commission chief Syed Sultan Uddin Ahmed told bdnews24.com: “We are starting, we are moving forward and we are exchanging views. In the meantime, we have spoken to sanitary workers. We will speak to a government department in Tongi. The work of writing a report is underway.”

“I will try to submit the initial report within the time frame.”

“Legal protection for all workers, national wage standards, bringing everyone under the labour law- we are thinking of putting these recommendations. They are also making such recommendations. Proposals are coming to eliminate discrimination. Domestic workers are being subjected to torture – that is also coming up.”

Media Reform Commission chief Kamal Ahmed told bdnews24.com: “It’s been 18 days since our formation. And we have not had the opportunity to work for even 15 days. We discussed it with everyone. However, we have not had the opportunity to comment on the reform plan yet.”

Health Affairs Reform Commission head AK Azad Khan said: “We will sit with journalists. We will take their opinions – this decision has been made. Recommendations are also being taken from others. We hope to submit the report within the time frame.”

“But the work is huge. 90 days is less compared to it. Even then, it has to be done within this time frame. We will also be talking to doctors and common people.”

WHAT DO POLITICAL PARTIES, NATIONAL CITIZENS COMMITTEE & ANTI-DISCRIMINATION STUDENT MOVEMENT WANT?

The BNP has proposed 62 reforms, including the reinstatement of a caretaker government system during elections in the constitution, a bicameral parliament, balancing powers of the prime minister and the president, and creating the posts of vice president and deputy prime minister.

The party submitted its written proposal in light of the 31-point list reform proposal that the BNP announced in 2022 to overhaul the state structure.

However, the party’s stance is that the reform work should be done by the elected government; the interim government can finalise the recommendations after discussing with all political parties.

BNP Standing Committee Member Salahuddin Ahmed told journalists: “The Constitutional Reform Commission will submit its recommendations to the government. The chief advisor said that after that he will discuss with everyone. They will finalise the reform recommendations after discussing with political parties, stakeholders, experts, and people from different sections of the society.”

“There may be disagreements in some cases. But if we commit to all the issues that everyone agrees with and reflect that in the election manifesto, then whoever comes to parliament in the future will change the constitution in that way.”

Jamaat-e-Islami believes fair elections are impossible without reforms.

The party has presented 41 proposals to the interim government for reforms in various areas of state governance, including the electoral system.

Jamaat-e-Islami’s proposal includes the amendment of the constitution to bring about a 'balance' between the powers of the president and the prime minister and to stop the same person from serving as prime minister for more than two consecutive terms.

In addition, the party has also proposed introducing a proportional representation system in the national parliament elections, permanent reinstatement of the 'caretaker government' system in the constitution, and abolishing the rules for registering political parties.

The Constitutional Reform Commission has also exchanged views with the National Citizens' Committee and the Anti-discrimination Student Movement. The Citizens' Committee has submitted a 69-points list proposal, including the formulation of a new constitution, a bicameral parliament, and proportional representation.

The proposal to formulate a new constitution has also been submitted by the Anti-discrimination Student Movement.

Tariqul Islam, a member of the Anti-discrimination Student Movement, told journalists: "The constitution should be reformed in such a way that a balance is maintained between the three organs of the state. The Anti-discrimination Student Movement has suggested that the opinions of the students be reflected in the constitution."

WHAT IS THE CHIEF ADVISOR SAYING?

Sheikh Hasina vacated her post as prime minister on Aug 5, fleeing to India in the wake of a surging student-led public movement. In her absence, Muhammad Yunus assumed leadership of an interim government on Aug 8, promising reform and stability.

One month after taking the oath of office, Yunus announced the formation of six reform commissions in his address to the nation on Sept 11 for state reforms.

He said: “The government will finalise the outline of the reform by holding a consultation meeting with relevant parties based on the commissions’ report. This will also give an idea of how this idea will be implemented.”

On Nov 17, the chief advisor outlined the government’s activities and future plans in his address to the nation.

He said: “We hope that the reform commissions will be able to submit their recommendations to the government within the stipulated time by December-January. We will continuously hold discussions with political parties on their recommendations. We will finalise the reform proposals based on everyone’s consensus.”

“However, I promise you that if you give me the opportunity, we will organise your desired elections after completing some necessary reforms. Until then, I request you to be patient.”