‘We’re not drafting constitution’

Ali Riaz, a distinguished Bangladeshi-American political scientist and acclaimed author heading the constitution reform commission, sat down with Star to inform on the commission's progress and some of the key consensuses obtained.

DS: What is the progress of the commission?

AR: We have been entrusted with two main tasks: one is to review the existing constitution and the other is to propose recommendations. The foundation of the recommendations is to make the constitution more democratic, ensure the participation of the people and reform it in a way that prevents the possibility of autocratic rule in the future.

In my opinion, it has essentially been rewritten twice: once through the Fourth Amendment and again through the Fifteenth Amendment. I emphasise the notion of "rewriting" the constitution because, with the Fourth Amendment, the character of the state, the rights of its citizens and the structure of power were fundamentally altered.

The same fundamental changes were made through the Fifteenth Amendment. The core character of the constitution was altered and the rights of the people were not adequately protected. Essentially, this means the constitution was rewritten.

In reviewing Bangladesh's constitution, we also studied the constitutions of 121 countries to compare and analyse the unique provisions of our constitution and identify similarities or differences with other countries.

For example, Bangladesh's constitution includes provisions like displaying Sheikh Mujibur Rahman's portrait in government offices and incorporating the Declaration of Independence. Our researchers analysed these aspects thoroughly.

This analysis involved two approaches. First, we examined how the constitution evolved into its current form. Second, we are focused on what the commission will propose.

I believe the commission's recommendations will not be the final word as the constitution is a political document that reflects the people's aspirations and provides guidelines for the state.

To develop these recommendations, we engaged with the largest stakeholders: the people. This also involves discussions with political parties, civil society groups, professional bodies and eminent individuals.

DS: What are the key points of consensus among stakeholders, or what proposals is the commission planning to recommend?

AR: I won't say what we will propose but I can share the areas where I have observed significant consensus. The most prominent consensus I have seen is that people want a participatory government system that ensures voting rights. They want these rights to be constitutionally protected so no one can undermine or take them away.

There is also a strong desire to prevent excessive concentration of power in the hands of a single individual.

As for solutions, there are various opinions. Some emphasise the importance of balancing power, while others point out that the prime minister has become overly powerful due to the constitution.

To address this, it has been suggested to empower and strengthen parliamentary standing committees to prevent the misuse of power.

Additionally, some stakeholders believe the prime minister should not hold multiple positions to avoid accumulating excessive authority.

DS: Many people have discussed the idea of a bicameral parliamentary system. Is the commission planning to propose it?

AR: A significant number of stakeholders have proposed a bicameral parliamentary system. Their reasoning is rooted in a desire to decentralise power, believing that such a system could help prevent the misuse of authority.

The proposals for a bicameral system and limiting the prime minister's tenure to a maximum of two terms reflect the people's aspirations to curb the concentration of power, establish constitutional safeguards against autocracy and create institutions that protect their rights.

Ultimately, we will make recommendations based on the political and cultural context, the aspirations of the Bangladeshi people and the political behaviour of the country.

DS: Have you received proposals for amending or rewriting the constitution? What is the commission planning to recommend: amend or rewrite?

AR: I would suggest not framing it that way. First of all, we are not drafting the constitution. Our role is to present what our stakeholders and analyses have indicated needs change.

How these changes will be implemented is a political process and is to be carried out by the political parties that govern the country.

They will draft the constitution, consulting stakeholders in their ways. We are not specifically proposing amendments or a complete rewriting of the constitution.

What we are saying is that, for a democratic Bangladesh, certain principles and provisions need to be incorporated into the constitution.

Whether this is done through political consensus or an electoral process is up to the political parties.

DS: The president's role has largely been symbolic. Did the stakeholders propose increasing the president's powers? Will the commission recommend balancing the powers of the president and the prime minister?

AR: This issue was raised significantly. It came up in discussions about reducing the absolute power of the prime minister.

One suggested approach is to grant more powers to the president. However, there are both positive and negative aspects to this.

As a political science teacher, I see two potential approaches. One is vertical power distribution: granting some power to the president (at the top) and empowering the people (at the bottom) by ensuring their voting rights.

The focus should be on distributing power in a way that ensures the prime minister is accountable not only to the people but also to the system itself.

To achieve this, we need robust institutions. Strengthening parliamentary standing committees is essential, as they can monitor not just the prime minister but the entire government.

Additionally, we need constitutional institutions such as a stronger National Human Rights Commission to protect human rights and a more effective Anti-Corruption Commission to combat corruption.

We are considering the broader picture. Distributing power alone will not solve everything; institutional reforms are critical for balancing power.

DS: Some have proposed the idea of a second republic, inspired by the spirit of the July Uprising, similar to how the constitution reflects the spirit of the Liberation War. Is the commission planning to recommend including this in the constitution?

AR: Some stakeholders have proposed the inclusion of a second republic. However, as a commission, it is not our responsibility to decide on this matter. This is a political decision.

DS: Will the commission propose changes to the preamble of the constitution?

AR: The most important aspect of the preamble is its foundation. We believe the foundation lies in the Declaration of Independence during the Liberation War, which emphasised equality, human dignity and social justice. These ideals are the foundation of our state.

This foundation was not created in a single day or suddenly on April 10, 1971. It emerged from the long struggles of the Bangladeshi people: the anti-British movement, the struggle against Pakistan and the movements of peasants and labourers. These aspirations must be included in the preamble.

Unfortunately, these ideals were not fully reflected in the constitution of 1972, even though they were part of the pledges made during our independence.

The state is essentially [based on] a social agreement. We created this agreement to build a state that ensures equality, human dignity and social justice.

It won't happen overnight, but these foundational principles are what we aim to propose for inclusion in the preamble of the Constitution.

DS: Will the commission recommend the caretaker government system?

AR: We did not encounter any dissenting views regarding the caretaker government. Most stakeholders expressed their support for reinstating the caretaker government system.

DS: Is the commission hopeful that its proposals will be reflected in the constitution?

AR: We are hopeful because this stage has been reached through an unprecedented mass uprising. History will not chart our path, but can we ignore the bloodshed, the sacrifices of lives and the pain of those who are still suffering?

These sacrifices must have meant something and they give us hope.

DS: Compiling these extensive proposals, analysing them and preparing recommendations is a long and rigorous process. Do you think you will be able to complete it within the stipulated timeframe of January 7?

AR: We are hopeful for two reasons. First, we have received significant support from the people, institutions, political parties and researchers. This support gives us confidence that we will be able to submit our draft proposals within the stipulated timeframe.

News Courtesy:

The Daily Star | December 26, 2024