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Election Commission: Progress, setbacks and future challenges

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Over the past five decades, most Election Commissions in Bangladesh have faced significant criticism

Morshed Noman

Publisted at 9:13 PM, Thu Nov 21st, 2024

The interim government of Bangladesh has restructured the Election Commission, appointing former secretary AMM Nasir Uddin as the new Chief Election Commissioner (CEC). The restructured Election Commission includes retired Additional Secretary Md Anwarul Islam Sarkar, retired District and Sessions Judge Abdur Rahmanel Masud, retired Joint Secretary Begum Tahmida Ahmad, and Brigadier General (retd) Abul Fazl Md Sanaullah as election commissioners. This development follows the resignation of the previous Election Commission, led by Kazi Habibul Awal, on September 5. The Kazi Habibul Awal-led commission, which assumed office on February 27, 2022, stepped down just two and a half years into its tenure amid the country's evolving political circumstances.

Over the past five decades, most Election Commissions in Bangladesh have faced significant criticism. This analysis aims to review the performance of the Election Commission since the country's independence.

Since its establishment in 1972, the Election Commission of Bangladesh (EC) has been a cornerstone of the country’s democratic framework. Tasked with conducting free and fair elections, the EC's journey reflects a mix of achievements, criticism, and evolving challenges. Initially operating in a fragile democracy, the EC faced hurdles due to political instability and limited infrastructure. In the early years, elections were often criticized for irregularities, with the dominance of ruling parties casting doubt on the Commission's impartiality. The lack of robust legal frameworks and inadequate administrative autonomy further constrained its effectiveness.

The introduction of the non-party caretaker government system in 1991 marked a turning point. This arrangement, designed to oversee elections impartially, enhanced the EC's ability to conduct credible polls. The 1991 and 1996 elections under this system are widely regarded as milestones in Bangladesh's electoral history. However, the period also highlighted the EC's dependence on the caretaker framework, raising questions about its independent capabilities. Efforts to reform electoral laws during this time included initiatives to strengthen voter registration processes and improve electoral logistics, laying the groundwork for more transparent systems.

One of the EC's most commendable phases came under the leadership of ATM Shamsul Huda during the 2007-2008 interim government period. Amid a political crisis, this Commission implemented sweeping reforms, including the digitization of voter lists and the introduction of photo voter IDs, significantly reducing fraudulent practices. These measures, along with delimiting constituencies and strengthening political party regulations, set a high standard for electoral management. The 2008 general election, conducted under this framework, was widely praised for its transparency and efficiency.

However, the abolition of the caretaker government system in 2011 placed the full responsibility of ensuring free and fair elections on the EC, exposing its vulnerabilities. The 2014 general election, boycotted by the main opposition party, and the 2018 election, marred by allegations of ballot-stuffing and voter suppression, dealt significant blows to the EC’s credibility. Critics argue that these elections demonstrated the EC’s inability to operate independently, with accusations of political bias further eroding public trust. Despite these criticisms, the EC has introduced several reforms, such as stricter nomination criteria and more inclusive voter registration processes. Yet, these measures often fell short of addressing systemic issues like the influence of black money and muscle power in elections.

The EC's structural and legal limitations remain key challenges. Although constitutionally independent, the EC often relies on government cooperation for logistics and resources, limiting its autonomy. Efforts to enhance electoral transparency, such as engaging international observers and civil society, have been inconsistent, undermining public confidence. Comparatively, the ATM Shamsul Huda-led Commission stands out as a model of proactive reform and impartiality, while subsequent Commissions have struggled to replicate this success.

Moving forward, strengthening the EC’s independence is crucial. Legislative measures to ensure financial and operational autonomy, combined with capacity-building initiatives for EC officials, can enhance its efficiency. Establishing robust mechanisms for election monitoring, involving both domestic and international observers, could improve transparency and accountability. Rebuilding public trust will also require the EC to engage more actively with civil society, political parties, and the electorate, fostering a culture of participatory democracy.

The Election Commission of Bangladesh, despite its flaws, remains an essential institution in the country's democratic journey. Its history underscores the interplay between institutional capability, political will, and public trust. To fulfill its constitutional mandate effectively, the EC must navigate these challenges with a renewed focus on transparency, inclusivity, and independence.

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