Govt should urgently formulate the EC law

On Wednesday, Shushashoner Jonno Nagorik (Shujon) placed its final draft of the proposed law titled "Chief Election Commissioner and Election Commissioner's Appointment Act, 2021." We call on the government to consider their submission with utmost seriousness. Despite the constitution providing for the formulation of a law to establish the Election Commission, no government has taken such an initiative in the last 50 years. That successive governments have ignored such a serious constitutional mandate, which concerns the people's right to democratically elect their own representatives, is alarming for our democracy.

Against the backdrop of widespread mistrust in the Election Commission and an alarming apathy among voters, and with the tenure of the incumbent election commissioners ending in February, now would be the perfect time for the formulation of such a law—which could have previously saved us from a host of election-related controversies. However, with the complete collapse of voter participation in elections—as recently witnessed during the Sylhet-3 by-polls held on September 4, which had only a 34 percent voter turnout, and the Dhaka-10 by-polls on March 21 last year, which saw an embarrassingly low turnout of only around five percent—it is clear that our democracy has never been in more danger and in greater need of such a law. The practice of candidates getting "elected" unopposed—for example, when 43 chairman candidates were elected uncontested once 160 union parishads went into elections in September—is indicative of the true state of democracy in Bangladesh, or lack thereof. When neither voters nor opposing candidates feel the need to participate in an election, it is a strong sign that our electoral system has failed.

There is only one way to revive our electoral system: to create an environment where free, fair and credible elections can be held, and which are acceptable to the public. Formulating a law that can spell out in detail how election commissioners are to be appointed, through conditions that are satisfactory to the public, different political parties in the country and all other stakeholders, is an essential first step in that process, and there is no other substitute for that. The excuse that there is not enough time to formulate a law is not something that we can accept. There is still plenty of time to frame the law, and experts and eminent citizens have already made that clear, as well as their willingness to help the government in that process.

If the ruling party truly believes in its own claim that its popularity has never been higher, then it should not be afraid to work overtime to create a conducive environment to hold free, fair and credible elections. The conditions necessary for such elections should be made clear through law. Most other South Asian countries have been successful in formulating such laws—then why can't we? It is clear that it isn't because of a lack of time or any other factor. The only thing that we see missing is the political will. And mustering that up is where the true challenge lies.