Divisions widen over July Charter’s status, implementation

Major political parties are divided over the July Charter's implementation timeline and its standing in relation to the constitution and existing laws.

Giving the July Charter precedence over the constitution would set a "negative" precedent, the BNP said in its official feedback on the final draft prepared by the National Consensus Commission.

The party also opposes any provision barring legal challenges to the charter in court.

BNP Standing Committee Member Salahuddin Ahmed said the bid to allow the July Charter to override the constitution is illogical and unacceptable.

"Can a consensus document be treated as a 'supra-constitutional instrument' -- one that stands above the constitution itself?" he said at a press conference regarding BNP's feedback on the final draft of the charter on Tuesday.

On the other hand, Bangladesh Jamaat-e-Islami supported the commission's proposal that the charter take precedence in the event of a conflict with existing laws or the constitution.

"Because the July Charter contains all the aspirations and expectations of the nation and the people," Ahsanul Mahboob Zubair, assistant secretary general of Jamaat, told The Daily Star.

Many major changes were incorporated in the July Charter in comparison to the constitution.

"That's why the charter must be given preference over the constitution," he added.

The Communist Party of Bangladesh, Bangladesher Samajtantrik Dal (Marxist) and the 12-Party Alliance all opposed the commission's proposal to grant the July Charter precedence over the constitution and existing laws.

The National Citizen Party wants a new constitution enacted by a new constituent assembly. That constitution should have a provision stipulating that there can't be any amendment that conflicts with the July Charter.

"The new constitution that will be framed through the constituent assembly should function as the guiding principle for resolving all national issues," said Javed Rasin, joint convener of the NCP.

On August 16, the commission sent the final draft of the July National Charter to political parties, without specifying a deadline for implementing the proposed reforms, a shift from its earlier stance.

The commission urged political parties to incorporate all provisions of the charter and its decisions into the constitution. If there is any conflict between the charter and existing laws or the constitution, the charter will take precedence.

"Since the method by which all provisions, principles, and decisions of this charter would be incorporated into the constitution has not been specified, we do not agree with this clause," the NCP said in its feedback to the consensus commission.

All provisions, principles, and decisions of this charter must be incorporated into the constitution through a constituent assembly election, the party proposed.

"All recommendations should be implemented before the election and formalised through a constituent assembly," said Javed Rasin.

Regarding the implementation timeline of the July charter, Salahuddin said that the election schedule will be announced in mid-December. Until then, the few months available are sufficient for drafting laws and regulations.

"All ordinances can be issued within one or one and a half months, and executive orders can be implemented. It would be better not to include the phrase "before the national parliamentary election" in the charter."

But issues related to constitution changes should be implemented through the next national parliament, he said.

Jamaat and the NCP said they prefer full implementation of the charter before the polls.

The NCP in its feedback said the commission has proposed that the recommendations deemed "immediately implementable" be carried out by the interim government and relevant authorities without any delay.

"It is unclear which specific proposals or recommendations are considered immediately implementable. We oppose this ambiguity," the party said.

The NCP firmly stated that the July Charter must be implemented in full, without delay, by the government and all relevant authorities before the next national parliamentary election.

NCP Member Secretary Akhtar Hossain yesterday said that without providing and implementing a legal basis, the July Charter will fail to contain people's aspiration for freedom.

If the National Consensus Commission does not announce a new constitutional proposal through a constituent assembly election to incorporate the July Charter into the constitution, then it is a failure.

"There is no meaning on the part of the NCP in signing the failed charter," he said.

Jamaat's Zubair said that all proposals can be implemented before the election.

"On another point, we have clearly said that a presidential proclamation or a referendum is a must to give the July Charter a legal framework. Finally, we have told the commission that the 13th parliamentary polls must be held in light of the July Charter."

Apart from this proposal, Jamaat has submitted a separate note to the commission in which the party demanded that the election be held under the proportional representative system, claiming that a large number of people support the PR system.

"We have mentioned to the Consensus Commission that the PR system is one of the ways to thwart fascism and autocracy. Besides, everyone's opinions would also be reflected through the PR system," Zubair added.

CPB in its feedback said they had proposed excluding the four principles enshrined in the constitution from the discussion as reaching a consensus on the issues was not possible.

"For this reason, we decisively boycotted the meeting. Yet, without consulting us, there has been an implicit attempt to secure our consent to alter those fundamental principles. This is entirely unacceptable," it said.

Mojibur Rahman Monju, chairman of AB Party, said they have proposed giving constitutional status and legal basis to the July Charter.

"The implementation process of the July Charter must begin immediately, and we demand that the upcoming 13th National Assembly election be held based on the July Charter," he said.

Ali Riaz, vice-chairman of the National Consensus Commission, said they will soon sit with experts to discuss the process of making the charter legally binding and explore ways for its implementation.

"We will also hold discussions with political parties," he added.

Until yesterday, 24 parties submitted their feedback to the consensus commission regarding the draft of July Charter.