RECRUITING a credible, neutral election commission in a politically contentious country such as Bangladesh requires a carefully crafted process emphasising transparency, inclusivity and impartiality. Given the importance of public trust in the electoral process, this approach should focus on merit-based selection, broad stakeholder engagement and rigorous accountability measures. Here is a strategy that could support the recruitment of a credible election commission in such an environment.
Part VII (Elections), Article 118 (1) of the constitution says, 鈥楾here shall be an Election Commission for Bangladesh consisting of听the Chief Election Commissioner and not more than four Election Commissioners and the appointment of the Chief Election Commissioner and other Election Commissioners (if any) shall, subject to the provisions of any law made in that behalf, be made by the President.鈥�
The Bangladesh parliament, which emerged as an outcome of the fraudulent 鈥榦vernight elections of 2018,鈥� finally bulldozed a law on January 27, 2022, almost after five decades, legalising the formation of the election commission in the country amid protests by the then opposition parties without holding any discussions with the political parties and other stakeholders. Under the new law, a six-member search committee is formed to suggest names for the positions of the chief and other election commissioners.听The law provided legal coverage for recommending names of the election commissioners before听the 2023鈥�2024 parliament elections.
The constitution required the government to formulate laws for the formation of the election commission, but the government formed the law to create a search committee instead. The infamous Habibul Awal commission, which presided over a series of sham and 鈥榙ummy鈥� elections to the local bodies and the parliament, was constituted under the prevalent law through a search committee. It was, indeed, a disappointing experience.
The interim government is now moving forward to constitute another election commission under the same law, promising a credible commission without reforming the electoral laws although an electoral reform commission formed by the interim government is working on electoral reforms. Indeed, it would have been wise to hear the recommendations of the electoral reform commission, at least those related to the formation of the election commission. The country does not deserve another 鈥榮ubservient鈥� commission that enjoys no public trust or confidence.
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Multi-stakeholder selection听committee
Composition: A selection committee representing a broad spectrum of society, including members from the听judiciary, civil society, academia and non-partisan organisations, should be formed. A respected national figure or institution, such as a (retired) chief justice/senior judge or a ranking member of an independent public institution, should oversee the committee. The recently established search committee reflects the description.
Mandate: The selection committee鈥檚 mandate to focus on impartiality, transparency and adherence to established criteria should be clearly defined and the influence of any single political party or institution should be limited.
Accountability: It should be ensured that the committee鈥檚 activities and deliberations are accessible, with regular updates and published outcomes, to build public confidence in the process.
Decision-making: A supermajority or consensus of the听selection committee members should determine the final selection.
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Transparent selection criteria
Competence and experience: Qualifications such as experience in public administration, law, election oversight or similar fields should be specified. Core competencies for commissioners, including a record of independence, integrity and expertise in conflict resolution or oversight should be defined.
Non-partisan record: Candidates require to have a verifiable history of non-partisan activities, including checks on financial or political affiliations that could compromise their neutrality.
Public vetting: Candidate profiles should be made public to allow the media, civil society and the public to provide input or raise concerns about perceived biases or conflicts of interest.
Background checks: Rigorous background checks, including public financial disclosures and integrity audits, should be conducted to identify听potential biases or conflicts of interest.
Disqualifications: Individuals with known partisan affiliations, recent political roles, or significant conflicts of interest should be barred to maintain impartiality.
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Transparency in selection process
Public engagement: Public consultations, town halls, or panel discussions with civil society organisations, academics and election experts should be held to gather inputs on the commission鈥檚 selection and priorities.
Media access: JIournalists should be given full access to key stages in the selection process and investigative reporting should be encouraged on the candidates and the selection process. Such openness can serve as a safeguard against biases and build public confidence.
Shortlists and selection justification: Candidate鈥檚 shortlists and selection explanations should be made public. This step allows the public to see the committee鈥檚 decision-making process and holds selectors accountable.
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Open nomination process
Public nomination portal: A public online portal should be created where members of the public, non-governmental organisations or professional associations can submit nominations for potential commissioners. This will broaden the talent pool and reduce the risk of politically influenced nominations.
Screening: A robust screening process should be established to vet the nominations against independence, transparency and expertise criteria. Screening could involve background checks by non-partisan entities to ensure compliance with neutrality requirements.
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Public interviews or hearings
Public interviews: Live, publicly broadcast interviews or hearings with final candidates should be held to evaluate their commitment to neutrality and transparency. Public interviews allow candidates to be scrutinised by both the selection committee and the broader public, fostering accountability.
Stakeholder input: Questions from representatives of various sectors, such as media, civil society and international observers should be allowed. This can provide a well-rounded perspective on each candidate鈥檚 ability to serve impartially.
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Political party oversight with limitations
Cross-party review committee: A political party review committee should be formed with members from all parties to review final commission candidates. However, the committee鈥檚 role should be limited to being advisory or non-vetoing, ensuring that the process remains free from partisan obstruction.
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International observers or advisers
Advisory role: International electoral experts or organisations should be invited to serve as observers or advisers to the selection process. Their involvement can lend credibility to the process and reassure citizens that global standards for transparency and fairness are being followed.
Training and capacity-building: In cases where domestic institutions may lack capacity, international bodies such as United Nations or regional election bodies can assist in training the selection committee members, reinforcing the integrity of the commission鈥檚 administration.
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Public communication and education campaigns
Transparency: Traditional and social media should be used to communicate each stage of the recruitment process and educate the public in the role and importance of a neutral election commission.
Trust building: There should be regular engagement with the public to keep them informed and engaged, as trust in the commission depends on their understanding and confidence in the process.
By establishing a credible and neutral election commission through such transparent, multi-stakeholder methods, Bangladesh can foster public trust, mitigate political contention and uphold democratic standards. This approach would also help the commission to maintain its integrity and efficacy, better enabling it to conduct fair elections and contribute to political stability in the long term.
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Tarikul Ghani is a co-founder of the Fair Election Monitoring Alliance.
