THE reign of terror unleashed by an autocratic regime for over 15 years is over. People鈥檚 power has triumphed. Now that an interim government has been formed, it is time to focus on writing a new constitution for the country. It is now an opportune moment for a complete and fundamental reset. At this crossroads in Bangladesh鈥檚 history, there is a prospect for popular participation and political will to band together and bring about meaningful political change. The original 1972 constitution has outlived its usefulness, having been tampered with by irresponsible ruling parties simply to accommodate their parochial political interests. Yet, the new constitution must address the legacy of the 1972 constitution while charting a new course. The idea of 鈥榗onstituent power鈥� posits that the people hold the ultimate authority to establish and reform constitutional orders. The triumph of 鈥榩eople鈥檚 power鈥� in Bangladesh resonates with this concept. It was the outcome of a social-turned-political movement spontaneously and collectively led by students and the common people, not by any established political leadership. This was unique.
Countries like Spain (1978), Brazil (1988), and South Africa (1996) underwent transitions from authoritarian rule to democracy, accompanied by new constitutions. These experiences can offer valuable lessons in managing political transitions and constitutional reform in Bangladesh. However, we cannot rush through fundamental constitutional transformations, as they require time and effort. The interim government has a lot to do before it can arrange for an election; it must clear the morass left by the previous regime in different aspects of governance. Sweeping reforms of the bureaucracy, judiciary, police, banking and finance and educational and health systems, to name a few areas, are in order. However, at the same time, an initiative must be taken by the interim government to establish a national constitutional convention to deliberate on and draft a new constitution.
The proposed national constitutional convention can foster inclusive participation from diverse segments of society. It can provide a platform to discuss and potentially resolve historical political conflicts and constitutional controversies. By offering a well-organised platform for in-depth conversations on important matters, it would enable individuals to carefully ponder various viewpoints and help support the examination and potential adoption of successful constitutional models and practices from other countries. The inclusive and collaborative nature of a convention could greatly improve the public鈥檚 perception of the new constitution鈥檚 legitimacy. It would also provide an opportunity to incorporate the expertise of professionals in constitutional law, governance and specific policy domains. It will have the capacity to integrate mechanisms that safeguard the constitution against future arbitrary alterations, drawing insights from previous encounters. Lastly, the process of a constitutional convention can act as a valuable national civic education initiative, enhancing public comprehension of constitutional principles.
Erudite and sensible representatives of political parties, civil society and concerned stakeholders (constitutional experts, educators, professionals and business interests) should be part of the constitutional convention to intensively and extensively deliberate in drafting a constitution acceptable to all stakeholders. The modalities of selecting these representatives or delegates should be judiciously worked out so that the convention is inclusive in its membership.
The convention鈥檚 primary responsibility would be to carefully consider and establish the fundamental principles that will shape the future of the nation. The emphasis on understanding the 鈥榝undamentals of the Bangladesh state鈥� goes beyond mere theoretical exploration. It is a crucial measure to guarantee that the new constitution is not only legally strong but also aligns with the diverse realities of the country. The new constitution should be a unifying document capturing the essence of Bangladesh鈥檚 nationhood. This would necessitate delving into extensive questions about national identity and the essence of being Bangladeshi. Considering the rich history of linguistic, religious and cultural diversity in the country, the constitutional convention must navigate the delicate task of preserving and honouring this diversity while also promoting a unified national identity. This equilibrium is critical for our nation鈥檚 cohesion and the enduring steadiness it demands. For instance, the constitution could include safeguards for minority religious practices and cultures while fostering a collective civic identity rooted in principles of equality and citizenship.
Inclusionary governance is an essential principle that should guide the nation. To ensure the representation of all societal groups, especially those historically marginalised, the convention should prioritise incorporating strong mechanisms in the constitution. This involves establishing institutions and processes that promote inclusive decision-making, ensuring that every group has a voice in the political process. For instance, we can acknowledge and include all perspectives by implementing proportional representation in the legislative body, adopting affirmative action in public institutions and establishing decentralised governance structures.
It is crucial to establish consensus regarding the rules of political engagement and foster genuine democratic practices. Nevertheless, the delicate equilibrium between democracy and stability is of utmost importance. Bangladesh鈥檚 political history has been characterised by frequent episodes of political turmoil, which have at times hindered the progress of democratic processes. The new constitution must, therefore, incorporate measures to safeguard democratic institutions from potential subversion by those in positions of power. This could entail implementing term limits for elected officials (such as a maximum of two terms for the individual serving as prime minister), guaranteeing judicial autonomy and establishing robust checks and balances among various branches of government. In addition, it is crucial to incorporate mechanisms within the constitution that facilitate the peaceful transfer of power and the resolution of conflicts. This is critical to avoiding political crises that could disrupt the nation鈥檚 stability.
Beyond political structures, the constitution in the new republic should also include the socio-economic pillars that will shape the future of Bangladesh. Constitutional obligations to social and economic fairness should be derived from the ideals of prosperity and well-being. These essential rights may include access to education, healthcare, housing and work. In addition, the constitution might require the implementation of programmes designed to decrease economic inequality, such as progressive taxation, land reform and social safety nets. These laws will not only facilitate the attainment of prosperity, but they will also guarantee the equitable distribution of the advantages of economic progress across all sectors of society.
The new constitution should be cherished and only amended by referendum, illustrating the importance of maintaining long-term constitutional stability. This indicates that the constitution should be crafted to endure the passage of time, permitting essential modifications while discouraging frequent or politically biased variations that may weaken its credibility. To accomplish this, the constitution could incorporate a well-defined and demanding procedure for amendments, necessitating widespread backing from various segments of society. For example, important revisions may necessitate not just a supermajority in the legislature but also the endorsement of a national referendum, guaranteeing that any modifications receive broad public backing.
To ensure the success of this new constitution in a post-authoritarian Bangladesh, it is crucial to address past human rights abuses and corruption, rebuild public trust and stabilise the economy. These steps are essential for ensuring the validity of the new constitution and establishing a solid groundwork for sustainable development and long-term stability. For justice and reconciliation, measures to address earlier regimes鈥� human rights infractions would be vital. Truth and reconciliation commissions, special tribunals and reparations schemes may help victims get justice and rectify past wrongs. However, justice and stability must be balanced; too much punishment might inflame tensions, while too little responsibility could lead to impunity.
The new constitution should aim to protect against future abuses by enhancing the autonomy of the Human Rights Commission, preserving the impartiality of the judiciary and enforcing rigorous civilian supervision over security forces. These measures would aid in preventing a repetition of the misconduct witnessed under past administrations and strengthening the rule of law.
Many autocratic regimes deeply ingrain corruption, which erodes public trust and diminishes the legitimacy of government institutions. The new Bangladesh constitution should incorporate strong anti-corruption measures to prevent the repetition of such practices. This could entail the creation of an autonomous public integrity commission with the power to scrutinise and take legal action against corruption across all tiers of government, including within the political elite. The constitution could also require transparency in public procurement, asset declarations for public officials and strict penalties for corruption-related offences.
In addition, it will be crucial to cultivate a culture of probity within public institutions. This could potentially entail extensive overhauls in the civil service, such as implementing a system of recruitment and promotions based on merit, along with providing ethics and sensitivity training for public officials. Public education campaigns have the potential to influence societal attitudes towards corruption, promoting a culture that views it as less acceptable and encourages its reporting.
Building public trust should be a fundamental aspect of the new constitutional framework. The constitution must instil basic values such as transparency and accountability to achieve this. These principles can be put into practice through various mechanisms, including open government practices, independent oversight bodies and participatory governance. It may be useful for the constitution to mandate that all government decisions and expenditures be made public, enabling citizens to closely observe the utilisation of public resources. Freedom of information laws, enshrined in the constitution, would guarantee that citizens have the right to access government documents and records.
The establishment of independent institutions, such as an ombudsman (enshrined in the 1972 constitution but never put in place) or public protector, tasked with investigating complaints against government officials and institutions, would greatly improve accountability. The constitution must grant these entities the necessary authority and safeguard them to function without external disruptions or political influence.
Promoting citizen participation in governance by means of public consultations, referendums and citizen assemblies would enhance transparency and foster a government that is more attuned to public concerns. This collaborative method could also assist in restoring confidence by showcasing the government鈥檚 sincere commitment to and responsibility towards the individuals it serves.
The interim government鈥檚 role in stabilising the economy and creating conditions for sustainable development is critical to the successful implementation of the new constitution. The presence of economic instability has the potential to weaken even the most well-designed constitutional provisions, as it can lead to social unrest and diminish public trust in the newly established political system. The focus should be on tackling pressing economic issues like inflation, unemployment and currency instability to maintain confidence and avoid a potential crisis. This could entail implementing fiscal reforms, securing international financial assistance, and prioritising social safety nets to safeguard the most vulnerable populations during the transition.
The constitution should embody the principles of sustainable development, guaranteeing that economic growth does not come at the expense of environmental degradation or social inequality. This could involve incorporating measures for safeguarding the environment, ensuring fair distribution of resources and fostering the growth of industries that are both financially viable and environmentally responsible. In addition, the constitution could require investment in education, healthcare and infrastructure as essential components of long-term prosperity.
Economic policies should be designed to be inclusive, ensuring that all segments of society can reap the benefits of growth. This could potentially include initiatives such as land reform, assistance for small and medium-sized businesses and specialised programmes aimed at marginalised communities. By promoting inclusive growth, the government can address economic disparities that may result in social unrest and undermine the political order in the new republic.
The success of the new constitution in the new republic will hinge on the government鈥檚 capacity to provide concrete economic advantages to the population. The constitution could incorporate provisions that would establish an immediate link between governance practices and economic outcomes. For instance, one approach could be implementing performance-based budgeting, where government departments receive funding based on their effectiveness in achieving specific economic and social goals. This would not only guarantee the optimal utilisation of public resources but also harmonise government actions with the wider objectives of sustainable development and public welfare.
The process outlined above might take a long time, but let it be so. Emphasising the significance of prioritising the nation鈥檚 future over immediate electoral processes, it is crucial to consider that hasty elections may pose a risk to long-term stability and public welfare. This approach demonstrates a profound grasp of the challenges Bangladesh encounters and the importance of a thoughtful, deliberate shift towards a genuinely democratic system. The decision to postpone elections for a year or two, although unconventional, is based on the understanding that the nation鈥檚 political infrastructure must be reconstructed from its very core. Considering the track record of democratic regimes prioritising personal gains over the welfare of the people, there is a valid concern that rushing into elections could only sustain the ongoing pattern of corruption and ineffective governance. By dedicating sufficient time to crafting a new constitution and establishing an Election Commission that is truly independent, Bangladesh can steer clear of the risks associated with hastily entering an electoral process that has not yet undergone comprehensive reform.
The establishment of an entirely independent Election Commission is a crucial element of this vision for a new political order. The history of electoral manipulation and partisan interference in Bangladesh has eroded public trust in the democratic process. We need a nonpartisan Election Commission to restore public trust and ensure fair, transparent and credible conduct of upcoming elections. To ensure the autonomy of the Election Commission, the new constitution may incorporate measures to safeguard it from any form of political influence. These measures could include establishing a set term for commissioners, implementing a requirement for a supermajority in parliament to remove a commissioner, and establishing a clear and transparent procedure for appointing commissioners. Furthermore, it is critical for the Commission to have complete authority over the electoral process, including voter registration, delineation of electoral boundaries and election management.
It is important for all political parties, civil society and other groups to reach a consensus on the new constitution prior to any elections. This comprehensive approach would guarantee that the constitution reflects the diversity of society rather than solely serving the agenda of the political elite. The involvement of a wide range of groups in the constitution-making process can contribute to resolving long-standing grievances and establishing a comprehensive agreement on the principles that will shape the new political system.
We expect the process of negotiating a new constitution that satisfies all parties to be intricate and time-consuming, requiring meticulous management to prevent deadlock or fragmentation. Nevertheless, the potential advantages outweigh the difficulties. A constitution that is the result of extensive consultation and consensus is more likely to be viewed as legitimate and to stand the test of time, establishing a solid groundwork for democratic governance.
A thoughtful and strategic approach is necessary to pave the way for a functional democracy and long-lasting peace in Bangladesh. This approach should focus on tackling the underlying issues that lie at the heart of its governance. Through discarding outdated traditions and building a future rooted in fairness, responsibility and diversity, the nation has the chance to embrace a unique moment and establish a government that truly represents the aspirations of its citizens. This goes beyond simply drafting a new constitution or holding elections; it involves a profound transformation of the government鈥檚 relationship with its citizens, fostering a democratic, participatory and fair political culture. The stakes are significant, but through meticulous planning and inclusive participation, Bangladesh has the potential to emerge from this process as more robust, united and truly democratic in the new republic.
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听Dr Habib Zafarullah is an adjunct professor of public policy at the University of New England, Australia, and a former professor of public administration at the University of Dhaka.
