U.S. Department of State
Office of the Secretary
2201 C St. NW
Washington, D.C. 20520
June 26, 2023
Re: Election-time Caretaker Government in Bangladesh
Dear Honorable Secretary Blinken,
The Coalition for Human Rights & Democracy in Bangladesh (CHRD Bangladesh) greatly appreciates the sincere and continuing efforts of the United States to ensure the next election to be free, fair, and inclusive in Bangladesh.
Bangladesh has not seen a credible election for decades. Those held under Sheikh Hasina, illegally holding the post of Prime Minister with overt and covert help from India since 2009, were widely condemned locally and internationally. They were completely farcical. In the opposition-less parliamentary election of 2014, more than half of the members were chosen unelected. The 2018 election was dubbed as “Midnight Election” because the ruling party operatives filled in the ballot boxes the previous night for their chosen candidates under the watch of the election officials, law enforcement agencies and local administration. Thousands of local level polls faced the same fate, coasting in almost 100% victory for the ruling party or its affiliates.
As such, the administration of Sheikh Hasina is absolutely incapable of holding a fair election. Allowing it to conduct the election will amount to, as a Bengali proverb goes, giving chicken to the Jackals for safe custody. Or, entrusting one’s savings to a known charlatan.
Caretaker government (CTG)
The opposition, including the largest Bangladesh Nationalist Party (BNP), is campaigning to hold the next election under a Caretaker Government (CTG). They have threatened not to participate in the election if it is held under the Hasina administration.
In its letter of appreciation of May 25, 2023 to the Secretary of State for imposing visa restrictions on election related offenders in Bangladesh, CHRD Bangladesh stated that the provision of an election-time CTG was in the constitution, but the Hasina administration repealed it in 2011, without following proper legislative procedure with a view to managing the elections to perpetuate its authority. The elections of 2014 and 2018 are glaring examples. (Please see: Letter To The US Secretary Of State Antony Blinken Regarding Visa Restrictions For Election Criminals | ChrdBangladesh)
It was locally and internationally acknowledged that all elections held under the CTG in Bangladesh were generally credible. It is, therefore, essential that the country returns to the CTG system forthwith.
Repeal of CTG with mala fide intent
The Hasina regime is resisting the CTG on the pretext of “constitutionality.” But there exist many flaws and irregularities in this so-called constitutionality. The 15th Amendment, which repealed the CTG provision of the Constitution (done through the 13th Amendment in 1996), was deliberately enacted with malafide intents of keeping the election system under the control of the ruling authority. Flimsy grounds were prepared towards that purpose by loyal and partisan elements in administration and judiciary. Yet, the recommendation of the initiating judge to hold the two subsequent elections under the existing system of a CTG was not followed. The two national elections are stark examples of the nefarious objective of Sheikh Hasina to continue remaining in power.
The 15th Amendment to Repeal the 13th Amendment (of a CTG) did not follow proper constitutional procedures, such as an essential judicial review. It was forcibly enacted, taking advantage of the regime’s absolute control in the parliament (the control itself was obtained through using unlawful means by the vested groups during the 2008 elections) in the face of protest-walkouts by the largest opposition party, the BNP.
Will of the people should be supreme
The wish of the people and the need for a credible election should be the focus. The people overwhelmingly want an election in which they can freely vote for their chosen candidates. They believe it is only possible under a non-partisan and neutral caretaker administration. They developed a nightmarish fear in the name of election under the Hasina regime, for the way they were intimidated, harassed, and persecuted by the ruling authority. It was reported that a woman in the southern district of Noakhali was repeatedly raped by the ruling party gangs because she voted for the rival BNP candidate in 2018. There are many such gruesome examples of the Awami League’s crimes.
The legal and constitutional experts may come up with ways and means to circumvent the regime’s self-generated “constitutionality” crisis.
CHRD Bangladesh would like to request, Dear Honorable Secretary, not to be misled by the so-called “constitutionality” of the Hasina regime. For her and her regime, “constitutionality” is to continue in illegal authority by using all her available fascist tools for ensuring victory for her chosen candidates in the election. Foreign observers and authorities can do little to prevent such wrongdoings during the polls. We have the lessons of 2014 and 2018 before us. Her fascist practices and rhetoric have not shown any remission despite the US sanctions and restrictions.
The Coalition for Human Rights & Democracy in Bangladesh sincerely hopes that the US does not surrender the Biden administration’s much cherished objectives of human rights, democracy, freedom and above all, election integrity and good governance in Bangladesh.