News Analysis: It's very much possible

Formation of the new Election Commission on the basis of consensus among political parties is not an impossible task if the parties draw inspiration from the very examples they set in the past.

Politicians including Sheikh Hasina and Khaleda Zia who are now leading major parties have track record of forging consensus on important issues including formation of EC.

They did it by demonstrating their political wisdom and sagacity for the sake of restoration of parliamentary democracy in 1990s.  

Take examples of some significant political consensus.

After the fall of autocratic ruler General Ershad on December 6, 1990, they reached a consensus on formation of new EC to hold a free and fair parliamentary election held in February, 1991.

On the basis of consensus, a Supreme Court judge, Justice Abdur Rouf, was appointed as chief election commissioner and two SC judges -- Justice Syed Misbah Uddin Hossain and Justice Naimuddin Ahmed -- were made election commissioners.

An EC acceptable to all can ensure congenial electoral atmosphere and contribute to improvement of political culture too. The EC-led by Justice Rouf remains as an example of it.  

On an initiative by the EC, an electoral code of conduct was finalised unanimously for political parties and candidates contesting the parliamentary election.

Representatives of as many as 67 political parties joined a dialogue organised by the EC on January 24, 1991, and accepted the code of conduct and reached an agreement that they would abide by the code of conduct in the run up to the election.

Formation of the code of conduct on the basis of consensus of the political parties was lauded by election observer organisations. It was also the first achievement of the then EC.

The 16-point code of conduct asked all to abide by the electoral laws and rules, refrain from making provocative and derogatory remarks against opponents, and remain aware of other people's democratic rights.     

The political parties and candidates contesting the election, according to a report of the EC, carried out their electioneering abiding by the code of conduct. They had shown tolerance to each other during their electioneering.

Strong role of an EC can contribute to improve dramatically the political culture.

In its report on election observation, the CCHRB, coordinating council for human rights in Bangladesh, an election observer organisation, showered political parties with praises for their efforts to maintain peaceful atmosphere in the elections by following the electoral code of conduct.

Citing election rallies of AL and BNP, its report says, "The two major political parties arranged their large political rallies at two different places of Dhaka city. Workers and supporters of each of the parties marched along the roads from each corner of the city in processions to attend the rallies. Opponent processions cross each other and sometimes walked side-by-side, chanting slogans. But there was no violence, no attacks, no instigation, not even an exchange of hot words. This kind of peaceful co-existence of the two large political party workers and supporters was uncommon. It was first observed that a unique culture of tolerance, importance for democratic practice, had been evolving. This tolerance among political party workers and supporters remained till the end of the election. This change began with the acceptance of a code of conduct for the political parties."

The then EC-led by Justice Rouf in a report lauded the role of the political parties and candidates contesting the 1991 parliamentary election for abiding by the electoral code of conduct. In view of the then EC: "The code of conduct has played a great role in holding the free and fair election."

The then EC was able to take the bold step as it was formed on the basis of the consensus among the political parties.

The political parties, including AL and BNP, reached some other major consensus. During anti-Ershad street agitation, the political parties also reached an agreement that they would oust the autocratic ruler to restore democracy in country.

On November 19, 1990, the three separate alliances led by AL, BNP and left leaning parties reached an agreement and signed a joint declaration that outlined the formula of transition to democracy. The joint declaration intensified the street agitation. 

A day before Ershad stepped down, the political parties reached a consensus about making the then chief justice Shahabuddin Ahmed vice-president who would act as the president once the presidency fell vacant after resignation of Ershad.

Justice Shahabuddin formed his interim government by appointing a number of eminent citizens. All the political parties accepted his interim administration.

After the election, the then ruling BNP and main opposition AL again reached a consensus regarding the restoration of parliamentary democracy from the existing presidential form of government.

Accordingly, the constitution was amended in the middle of 1991 through which the country switched to the present parliamentary form of government.

But, a rigged by-election in Magura in 1994 sowed the seed of a backward journey of our democracy. Culture of consensus in politics was destroyed; confrontation returned which has gradually taken deep root in our politics.

No consensus was made between the two major political parties -- AL and BNP -- since then. No dispute was resolved through discussions. All the parties preferred to taking to the streets to realise their demands by putting pressure on the government. Political turmoil gave birth to around two-year-long emergency rule. People suffered immensely due to political agitation and turmoil.

The situation has been so complicated that it may prompt people to think that forging a consensus among the political parties is impossible.

But as politicians like to say there is no last word in politics, the formation of new EC offers an opportunity for the political parties to forge a consensus among themselves to begin an end to pervasive culture of confrontation in politics.

If the new EC is formed on the basis of consensus, it will have immense moral strength to work for holding the next parliamentary election in a free and fair manner. The EC-led by Justice Rouf is an example of it.

Controversy over the formation of the EC and its activities gradually eroded people's confidence in it and turned it into a weak institution. The ECs-led by Justice Sadeq, Justice Aziz and Kazi Rakibuddin are glaring examples of how successive ECs failed to strengthen democracy by failing to hold generally acceptable elections. Better examples are provided by the ECs-led by Justice Rouf and ATM Shamsul Huda.