EC showing weakness in exercising constitutional duties and powers: TIB

The Election Commission is demonstrating visible weakness in effectively exercising the constitutional duties and powers vested in it, Transparency International Bangladesh (TIB) Executive Director Dr Iftekharuzzaman has said.

He made the remarks on Sunday (8 February) while presenting a report titled “Referendum and the Pre-Election Situation: TIB’s Observations” at a press conference held at TIB’s office in Dhanmondi in the capital.

Dr Iftekharuzzaman said the Election Commission has often failed to take a firm stance under pressure from political parties. Despite widespread violations of the electoral code of conduct and irregularities in both online and offline spaces, the EC has been unable to take effective action.

He also noted that sections of the administration and law enforcement agencies are playing a passive role in ensuring a neutral and influence-free environment. Incidents of harassment and intimidation of field-level data collectors were described as particularly worrying.

Expressing deep concern over the government’s role in the referendum, he said the authorities had remained ambivalent from the outset due to opposing positions taken by influential political parties. In an attempt to appease both sides, the ordinance that was issued has further blurred the question and objective of the referendum.

He said the decision to hold the election and the referendum on the same day has made the process unnecessarily complex. As the most serious legal deviation, he pointed out that the Election Commission is treating the referendum as synonymous with an “election”. However, under the Representation of the People Order (RPO), a referendum cannot be equated with an election, as no votes are cast in favour of any individual or constituency.

Dr Iftekharuzzaman further said that although government employees are legally placed under the Election Commission once the election schedule is announced, controversy was created when the government issued directives for them to campaign in favour of the referendum. In his view, the EC’s consent should have been sought before taking such a decision.

He added that the EC, relying on a misinterpretation of the law, has effectively remained inactive in this regard. Serious questions have also been raised over the imposition of decisions on various institutions, including banks and NGOs, as well as over transparency in the financing and expenditure related to the referendum.

Referring to the core aspirations of the July uprising, Dr Iftekharuzzaman said there is no alternative to ensuring full independence of the judiciary and all state institutions in order to establish accountable democracy and good governance.

He urged citizens to clearly say “no” to corruption and “yes” to state reforms in line with the July Charter.