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Sunday, July 12th, 2009
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War criminals, earlier barred from contesting elections to parliament, city corporations and municipalities, can now participate in upazila parishad polls because of loopholes in the new upazila parishad act passed by parliament.

The last caretaker government promulgated an ordinance for upazila parishad, barring war criminals convicted by national or international tribunals from contesting the upazila parishad polls. The ordinance was enforced in the January 2009 elections.

But the Awami League-led government did not ratify the ordinance in parliament. It rather revived the Upazila Parishad Act 1998 with some amendments by passing a bill on April 6, not imposing any restriction on the war criminals’ contesting the polls.

Because of this, war criminals, who committed crimes against humanity during the Liberation War in 1971, cannot be prevented now from contesting the upazila parishad polls unless the law is amended, observed officials at Election Commission Secretariat.

The Election Commission last month sent proposals to the LGRD ministry on amending the Upazila Parishad Act 2009 by incorporating a few provisions including those for barring war criminals from contesting polls to the important local government body.

The new law also curtailed the EC’s authority to fix the date for upazila parishad election and formulate rules for conducting it.

The EC asked the LGRD ministry to give back the powers, which were vested in the commission by the upazila parishad ordinance promulgated by the last caretaker government, the EC Secretariat officials said.

The EC has decided not to hold the due by-elections to a number of posts of chairman in some upazila parishads until the government amends the act, EC officials said. These posts fell vacant following the death of the previous chairmen.

Elections to 481 upazila parishads were held in January under a set of conditions for candidates’ qualifications and disqualifications stipulated in the now-defunct ordinance. But holding by-elections to the vacant posts under the revived act will create discrimination between the existing chairmen and the aspirant, a senior EC official told The Daily Star.

He said the new upazila parishad act also did not make it mandatory for a candidate to submit seven-point particulars to the EC, like the ordinance, to facilitate voters to choose right candidates.

Officials in the LGRD ministry said they are working on the EC’s proposals.

The EC also informed the government about its decision in writing.

Amid growing demands, the last caretaker government barred war criminals from contesting elections to both parliament and local government bodies in line with the EC’s proposals.

War criminals were not allowed to take part in the elections to parliament on December 29 2008, and four city corporations and nine municipalities in August 2008.

The AL-led government has already passed a bill in parliament to ratify the ordinance that brought huge amendments to the Representation of the People Order including those that disqualify war criminals from parliamentary election.

Although the government did not ratify the ordinances on city corporations and municipalities, it placed two separate bills in parliament seeking to enact new laws for the two local government bodies. The proposed bills, which are awaiting passage in the next session, also bar war criminals from contesting elections to city corporations and municipalities.

The proposed laws also empower the EC to fix the date for polls and formulate electoral rules and code of conduct for these elections.


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