Changes to party constitution for personal gains cloud BNP’s stance on corruption: Analysts

Political observers see the BNP's tweaking party constitution ahead of Khaleda Zia's graft verdict to enable any person convicted of corruption to sit on the committees as self-defeating.

The part hastily deleted Section-7 of the constitution that barred a corruption convict from being a member of the committees ahead of the verdict on Zia Orphanage Trust case on Feb 8.

The commentators say a party should never change its constitution for personal interests. The amendment contradicts their stated position of not harbouring corruption, they added.

The 19 points that featured in the BNP’s agenda after Ziaur Rahman founded the party included the establishment of a society 'free of corruption'.

But after the BNP threw away corruption-related clause of the constitution, there is no bar on giving party membership to people convicted of corruption.

Speaking to bdnews24.com, Abdul Alim, a director of the Election Working Group or EWG, a platform of polls observers, said the BNP brought the changes to its constitution to retain Khaleda’s leadership after her conviction of corruption.

“The BNP had feared that its chairperson would no longer be a member of the party and would not be able to contest in elections if it did not amend the constitution,” he said.

Transparency International, Bangladesh or TIB Executive Director Iftekharuzzaman described the changes as contradictory to the party’s stance on the issue of corruption.

“It has exposed a leadership crisis and organisational weaknesses in the party. The changes to its constitution are contradictory to its position on corruption,” he said.

Hasty amendment

A special court in Dhaka sentenced Khaleda to five years in prison for Tk 21 million corruption in Zia Orphanage Trust.

Her son and BNP Senior Vice-Chairman Tarique Rahman was also among five others sentenced to 10 years in jail on same charges.

Section 7 in the unchanged constitution of the BNP.

In the verdict, the judge said the former prime minister and the others committed ‘state financial crime’ by embezzling the money from government’s fund for orphans.

Khaleda is now ineligible to stand in elections for being sentenced to over two years in jail in a criminal case.

She will only be able to run in the elections if the High Court freezes the special court verdict after hearing her appeal.

But Section 7 of the party’s constitution was another threat to Khaleda’s political career, as it barred anyone involved or convicted for corruption from getting membership of the party or nomination to contest in parliamentary elections.

According to that section, people who are convicted under the President’s Order No. 8, bankrupt, mentally disturbed, and infamous for graft and crimes are not eligible to become a member of the party.

On Jan 28, around two weeks before the court delivered the judgment, the BNP submitted its amended constitution to the Election Commission.

Khaleda in a letter to the EC on the eight pages of proposals on the changes said the changes were passed during the party’s national council on Mar 19, 2016.

Changing party codes ‘for an individual’

According to the electoral laws, the Representation of the People Order, a political party needs to submit its constitution to the EC during registration, and it is the commission’s task to check whether it contradicts the Constitution of Bangladesh.

When Chief Election Commissioner KM Nurul Huda’s attention was drawn to the changes the BNP has brought to its constitution, he said they received the amended copy of the party’s constitution.

He would not comment when asked whether the party’s constitution contradicts the Constitution of Bangladesh.

The amended part of the BNP constitution sent to the EC.

TIB Executive Director Iftekharuzzaman thinks the BNP brought the changes to its constitution ‘only to safeguard personal interests’.

“Constitution is an organisational document, but the focus of the changes was not on the organisation, but a person,” he said.

EWG Director Alim said, “A party must stand against corruption no matter what the political situation is. Such a stance (of the BNP) harbouring corruption is unexpected.”

Political commentator Mizanur Rahman Shelley thinks the BNP changed its constitution as part of a strategy to tackle the crisis.

Mizanur, who had been a minister of HM Ershad’s cabinet, said, “Changing constitution is a party’s own business. A party changes its constitution when it is necessary.

“How ethically it amends it or how much support the amended constitution boasts within the party depends on the current state of the party,” he said.

The former Jatiya Party leader also said people have doubts about the verdict delivered in the year of the election.

“The amendment may be their strategy. The two main parties are playing a game of chess. Their moves will be considered right only if they succeed in election or movement. A failure will prove the moves wrong,” he added. 

Speaking at a news conference on Monday, Prime Minister Sheikh Hasina criticised the BNP for changing its constitution before the verdict.

In response, BNP Secretary General Mirza Fakhrul Islam Alamgir said, “We haven’t brought any major changes. Why do they (Awami League) fear Khaleda Zia so much? We know it well that it will be better for them if she does not contest in the polls.”