The Election Commission (EC) is preparing a set of recommendations for the caretaker government on some crucial issues including trial of war criminals.
Modification of the constitution’s article 70, an increase in parliamentary seats and introduction of bicameral parliament will figure prominently in the suggestions being drawn up on the basis of demands raised by political parties during the electoral reforms talks, said sources in the EC.
In line with its earlier announcement, the commission will submit those to the government at the end of April or early May. It believes the administration will take necessary steps in due time.
Contacted by The Daily Star Wednesday, Election Commissioner Muhammed Sohul Hussain said, “First, we will send the proposals for electoral reforms and then we will recommend steps on some other issues as well.”
In response to the call for trial of war criminals, Chief Election Commissioner (CEC) ATM Shamsul Huda on February 24 said: “We don’t have the jurisdiction in this regard. However, we will recommend that the government take measures to try the war criminals.”
At dialogue with the EC twice between September and February, all parties except Jamaat-e-Islami strongly demanded that the war criminals are disqualified from election and urged the government to initiate legal proceedings against them.
In response to the growing public demand, the EC has already included in the proposed electoral laws a provision that says an individual would be barred permanently from contesting any sort of public election if he/she is convicted of war crime by a national or international tribunal.
The EC has finalised the proposals for electoral reforms last week and is now preparing a comprehensive report on the outcomes of the talks, sources said. Earlier in February, the commission wrapped up its second round of discussions with 15 political parties.
Once the long-stalled talks with the BNP are held, both the proposals and report would be sent to the caretaker government for consideration to translating the proposals into laws and acting on recommendations regarding issues like trial of war criminals.
The EC hopes it will be able to hold talks with the BNP any day after April 10, the day the High Court is scheduled to rule on the leadership dispute within BNP.
“If the issue is resolved on April 10, we will sit with the party the next week so that we can send our proposals to the government in April,” said a senior official at the EC Secretariat.
He said the EC has already finalised the proposals for electoral reforms, but if necessary it might add some more points in the event of BNP coming up with something new and reasonable.
The report on electoral talks will include the rationale for the initiative to bring about electoral reforms. Besides, it will explain the commission’s making recommendations on various issues and the “unwanted delay” in finishing the electoral talks, added the sources.
The poll chief has earlier said as a constitutional body the commission has the right to make recommendations to the government in the interests of a free and fair election.
Instead of repealing article 70 of the constitution, the EC wants to have it modified as it believes the article is still necessary to prevent the lawmakers from floor crossing frequently and destabilise a government, sources in the EC said.
The article in question says a person elected as a member of parliament on a political party ticket shall vacate his seat if he/she resigns from that party or votes in parliament against the party.
Those in favour of repealing the article however blame it for inhibiting lawmakers from playing a free and ideal role in parliament.
On the size of parliament, the EC said the number of seats was fixed at 300 when the population was below eight crore. Now when the population is around 15 crore, the number of parliamentary seats should be raised for proper representation.




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