OPINION (Spotlight Weekly)

Bangladesh Elections: Insights For Nepal

By HARI PHUYAL

Bangladesh has been studiously working toward institutionalizing democracy ever since a popular uprising overthrew the military government led by Gen. Hossain Muhammed Ershad in 1990. Since then, the country, which has one of the world's highest population densities, has held three elections to the House of Representatives. The author, a member of the international team that observed the October 1 general elections, takes the opportunity to shed light on some of his experiences.

The idea of a neutral caretaker government emerged as a consensus among the major parties that struggled against the Ershad government. The political leaders concluded that the Supreme Court chief justice could embody the ideas and principles of a neutral government, which would conduct elections within three months.

Under Bangladesh's constitution, the government announces the elections and gives way to a caretaker administration. A retired judge is nominated as the chief adviser to the president with full executive powers for day-to-day administration. The chief adviser is empowered to nominate advisers in different ministries from among people maintaining a neutral image in society. The Representation of People Order 1992 has given sweeping authority to the cabinet of advisers to maintain law and order, manage the election, transfer administrative personnel, and take all necessary steps to ensure free and fair elections.

During interviews with different personalities of society before the elections, it was found that the caretaker government was considered highly successful in neutralizing the administration by, among other things, acting against top-level administrators believed to be involved in manipulating the process. The first step of the chief adviser during this election was to transfer almost two dozen senior officers. This was a way of ensuring that officials identified with the outgoing government had no opportunity of unduly influencing the poll outcome. This move was also aimed at instilling a sense of confidence in the opposition parties.

Despite rejecting the election result and accusing the caretaker government of bias, former prime minister Sheikh Hasina of the Awami League acknowledged that the concept of a caretaker government was hers. It would be pertinent for Nepal to institute such a neutral caretaker government by amending the constitution, in an effort to strengthen democracy and raise the credibility of the electoral process.

Although the president, at the recommendation of the government, appoints its members, the Election Commission in Bangladesh is an independent body. At the time of the election, the caretaker government and the Election Commission work closely and with mutual understanding. Officials of both institutions have asserted that they never faced problems in their endeavors. The most striking part of the Election Commission of Bangladesh is that it is empowered by law to take action against those found to have indulged in unfair and partial practices during the election process. The military, police and the administration are required by law to follow the directives of the Election Commission.

The commission accredits foreign and local observers to monitor the fairness and impartiality of the voting process. Local observers must have prior experience of monitoring elections. They cannot be posted in their own area. He or she must be above 25 years of age to qualify as a monitor. Approximately 800,000 Bangladeshis applied for observation work, but only 450,000 were accepted after a careful review of their criminal and political records. Some 300 international observers, from the European Union, United States, Canada and other countries and the Asian Network for Free Election, were deployed in all the 300 constituencies of Bangladesh. The observers unanimously affirmed that the elections were comparatively free and fair.

Although they did not come out in significant numbers during campaigning, the turnout of women voters was unprecedented. It would be illustrative for Nepal to note that there were separate booths for women voters. There were separate women polling officers, security and party agents in such booths. Counting took place in the voting place itself.

Deletion of the name of voters during rolling, buying of votes either in cash, gift or any promise, excessive spending by candidates, over-use of election materials and violation of rules governing election day decoration and feeding of voters were some of the unfair practices observed. Similarly, the use of unlicensed arms by the underground wings of the two major political parties, candidature by industrialist and businessman and by professional elites like lawyers, doctors and professor restricted real representation of the people in the election. The major irregularity on election day was impersonation of voters.

The election result was a debacle for the Awami League. Some say Sheikh Hasina's leadership style ó never listening to others, preferring to lecture those who came to see her ó went against the party. On the other hand, Prime Minister Begum Khaleda Zia of the Bangladesh Nationalist Party (BNP) is known as a good listener. However, the major reason for the BNP-led front's overwhelming victory was Khaleda Zia's ability to accommodate and harmonize the other partners. Inside the party, she approved candidatures of those considered her rivals. She discouraged any kind of rivalry between BNP candidates and those of her alliance partners. In the case of the Awami League, the reverse was true. There were approximately 25 rivals candidates in a party that went to the polls on its own.

The negative aspect of Bangladesh's elections is that the losing party does not easily accept the outcome and the winner does not prefer to hold dialogue with the vanquished. This could disturb the democratization process. However, intellectuals do not see the army, which has dominated much of Bangladesh's politics since independence in 1971, would benefit from this situation.

Developing countries like Bangladesh have become models of comparatively free and fair elections because of the provision of the caretaker government. Bangladeshis cannot imagine the ruling party conducting impartial polls. Holding simultaneous elections to parliament and local bodies under a caretaker government in Nepal could be a good way of ensuring the fairness and credibility of the democratic exercise.

(Phuyal, an advocate, was a member of the international team that observed the elections in Bangladesh early this month.)