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US expert: Bangladesh has made progress towards free, fair election

by Nurul Islam Hasib in Dhaka Tribune, Aug 18, 2023
Progress has been made towards a free and fair election in Bangladesh, but with approximately five months left before the next parliamentary contest, more work is necessary to create an environment in which parties and citizens of all creeds and ideologies trust the political process, Geoffrey Macdonald, a visiting expert of the South Asia programs of the US Institute of Peace, has said.

Macdonald made the comment at a briefing on Bangladesh in the House Foreign Affairs Committee organized by the Tom Lantos Human Rights Commission.

“The United States should continue to stand with democratic actors in Bangladesh, but ultimately Bangladesh’s democracy is in the hands of citizens,” said Macdonald, who is also a senior advisor at the Asia-Pacific Division of the International Republican Institute.

“Regardless of which political party wins this winter, Bangladesh needs an acceptable election to reset its political system and restore Bangladeshis’ faith in their representative institutions.”

The Tom Lantos Human Rights Commission serves as an advisory, educational and advocacy body for members of the House of Representatives on issues of “internationally recognized human rights norms as enshrined in the Universal Declaration of Human Rights and other relevant international human rights instruments.”

Mohammad Ashrafuzzaman, liaison officer of the Asian Human Rights Commission & Asian Legal Resource Centre; Kristi Ueda, Donald M and Susan N Wilson fellow, International Advocacy & Litigation, Robert F Kennedy Human Rights; and Julia Bleckner, senior Asia researcher at Human Rights Watch were the other three panellists of the briefing moderated by Tariq Ahmad, foreign law specialist at the Law Library of Congress.

Geoffrey Macdonald said Bangladesh’s next parliamentary election, due by January 2024, would be “highly consequential.”

“Many Bangladeshis and international analysts see the country’s last two national elections—in 2014 and 2018—as deeply flawed, marred by political violence and apparent irregularities undermining their popular legitimacy.”

The United States Congress and government, international nongovernmental organizations (NGOs), and domestic actors in Bangladesh have focused considerable attention on the prospects for a “free and fair” parliamentary election in Bangladesh.

“A credible election requires not only transparency on election day but also fairness throughout the pre-election period. Two specific political rights are essential to guaranteeing international standards for democratic elections: 1) the right of all political parties to campaign, rally and compete, and 2) the right of citizens to freely engage in political activities,” Macdonald said.

Electoral environment
By objective measures, Macdonald said, the political environment in Bangladesh had improved to some degree over the past year, with opposition parties having more space to carry out activities.

The primary opposition party, the Bangladesh Nationalist Party (BNP), and other opposition parties have held large rallies to criticize the government. Independent and opposition candidates have won local elections, indicating a degree of electoral fairness.

“The ruling Awami League has consistently said it intends to hold free and fair parliamentary elections. It has also called for international observers to monitor polls this winter, demonstrating a willingness to subject Bangladesh’s electoral process to credible international scrutiny. These indicators deserve acknowledgement,” Macdonald said.

“However, aspects of the electoral environment need more progress. First, political violence remains high. Competing political rallies often devolve into inter-party violence. Opposition demonstrations have, at times, faced violent police crackdowns. There have been incidents in which opposition candidates are attacked, apparently without intervention from nearby police. Within parties, rival factions engage in violence. It is vital that members and supporters of all political parties avoid violence and that Bangladesh’s security forces protect all sides.

“Second, the actions of the Bangladesh Election Commission often lack clarity. For example, the recent decision of Bangladesh’s Election Commission to grant registration to relatively unknown political parties while denying registration to established and active political parties appears arbitrary. While every country is entitled to develop its own criteria for political party registration and other election regulations, these criteria should be applied transparently and equally to ensure trust in the process.

“Third, the legal system appears inconsistently applied. Media sources report that thousands of opposition party members and activists currently face legal cases on a variety of charges. While Bangladesh’s judiciary can and should apply the law to all citizens, including members of the political opposition when appropriate, it is imperative to avoid the appearance of bias.”

Citizen engagement
The US expert said for democracy to thrive and elections to be free and fair, citizens needed to feel free to support or criticize any political figure or party and to advocate for their policy preferences.

“Bangladesh’s Digital Security Act, which empowers the government to regulate online speech, has been criticized for targeting online dissent. The Bangladesh government’s recently announced plan to replace this law with the Cyber Security Act has been rightly welcomed by the US government, international watchdogs and other domestic actors. This action signifies the Bangladesh government’s willingness to acknowledge criticism and make reforms.

“Still, the government should continue to seek input from domestic stakeholders about this new law and ensure that digital freedom is maintained in the buildup to the election. Bangladeshis should not fear expressing their political opinions online or in person.”

Recommendations for US Congress

Macdonald made a few recommendations to the US Congress. Those include continuing to publicly advocate for and utilize policy tools in pursuit of free and fair elections, considering international election observation, and continuing and expanding nonpartisan democracy assistance to democratic stakeholders.

“The United States has matched its calls for free and fair elections with tangible actions, such as the announcement that it will restrict the issuance of visas to any Bangladeshi identified as undermining democratic processes. These statements and actions are appropriate. Indeed, both the Awami League and opposition parties officially welcomed the visa restriction policy.

“To ensure their credibility and effectiveness, it is important that American statements and actions are applied equally to all political actors regardless of party affiliation,” Macdonald said, suggesting international communities observe the election. “International election observation missions (IEOM) can deter violence and electoral fraud.”
https://www.dhakatribune.com/bangladesh/election/322797/us-expert-bangladesh-has-made-progress-toward