Political parties agree on ACC reform proposals, okay with caretaker government system

Political parties in Bangladesh have broadly reached a consensus on all recommendations of the Anti-Corruption Commission Reform Commission, according to Ali Riaz, vice-chairman of the National Consensus Commission.

He also said no party has opposed the reintroduction of the caretaker government system, as the first phase of talks concluded with 33 out of 38 political parties and alliances sharing their views.

Speaking at a press conference at LD Hall of the parliament complex on Monday, Riaz said the reform process now depends on the government, while the political parties will decide the roadmap.

Although parties agreed on many issues, no consensus has yet been reached on several key constitutional matters, including:

• Appointment and tenure of the chief advisor of the caretaker government

• Structure of judicial decentralisation

• Formation of the National Constitutional Council (NCC)

• Limits on terms for a prime minister

• Number of posts a lawmaker can hold

• Process for electing the president

• Amendment procedures of the Constitution

Riaz noted that several parties have expressed interest in continuing discussions on these topics and have shown flexibility.

ACC REFORM

He said all parties are in agreement, in principle, with the full list of recommendations made by the reform commission, including the proposal to enact laws preventing abuse of power and conflicts of interest.

Almost all parties also support proposals to enhance the ACC’s independence, efficiency, transparency, and accountability.

Most of them agreed to a recommendation for the ACC to be granted constitutional status, though a few parties suggested this be discussed in the elected parliament, Riaz added.

Other recommendations that drew consensus include:

• Appointment of an anti-corruption ombudsman with authority to oversee the national anti-corruption strategy. Most parties supported this, though some only partially agreed.

• Promoting transparency and integrity in political and electoral financing. All parties were either fully or partially in agreement.

• Fully automating the operations and data management of all government service-providing agencies -- a proposal backed by all parties.

• Joining the Open Government Partnership and adopting the Common Reporting Standard to curb tax evasion and money laundering. Most parties supported this move.

• Criminalising bribery in the private sector as a standalone offence, as per Article 21 of the United Nations Convention Against Corruption (UNCAC) -- a proposal with full party support.

The eight-strong Anti-Corruption Commission Reform Commission, led by Transparency International Bangladesh (TIB) Executive Director Iftekharuzzaman, was formed on Oct 3 last year.

On Jan 15, the commission submitted a 47-point report to Chief Advisor Muhammad Yunus, calling for constitutional commitments to curb abuse of power, the abolition of money-whitening schemes, and the creation of an ombudsman, among other reforms.

CONSTITUTIONAL REFORM

On constitutional reform, Riaz said while there is policy-level consensus on several proposals, many areas still require deeper discussion.

One of the most significant areas of agreement is the reintroduction of the caretaker government system.

“Political parties have shown no disagreement over restoring the caretaker system,” he said.

Following the fall of the HM Ershad regime in 1990, an interim government oversaw the general elections, although it had no constitutional basis.

In 1996, the Awami League-led opposition movement pressured the BNP government into passing the 13th Amendment, which formalised the system.

The provision, however, was scrapped in 2011 through the 15th Amendment under the Awami League government, after a Supreme Court verdict.

On Dec 17 last year, the High Court declared parts of the amendment unconstitutional, effectively restoring legitimacy to the caretaker system.

Monday’s briefing also covered:

• A proposal to enshrine “equality, human dignity, social justice, pluralism and democracy” as state principles. Most parties objected to including "pluralism", though there was broad agreement on the other four. Some parties called for additional values to be added.

• Expanding civil, political and economic rights of citizens, and making the state legally responsible for some of them. Differences remain over what rights to include and the extent of state obligations.

• A proposal to introduce a bicameral legislature, with most parties agreeing. A few, however, preferred maintaining the current unicameral system.

• Reserving 100 seats for women in the lower house, which has received general agreement, though parties differ on the mechanism.

• Both proponents of the bicameral and unicameral systems support assigning the deputy speaker role to the opposition.

• Supporters of an upper chamber agree it should consist of 100 members. But, consensus has not yet been reached on how they would be elected, despite most backing proportional representation.

• All parties agree Article 48(A), which defines presidential powers, should be amended. But opinions differ over the exact balance of power between the president and the prime minister.

The Constitutional Reform Commission submitted its recommendations to Yunus on Jan 15, outlining possible frameworks for the roles of the president, prime minister, interim government and the NCC.

Following the fall of the Awami League government in the wake of a student-led uprising on Aug 5, 2024, the interim administration formed six reform commissions in October.

The panels submitted their findings to the government in February.

On Feb 12, the government consolidated leadership of the reform effort by establishing the National Consensus Commission, bringing together the heads of the six panels to steer the reform process and formulate a National Charter.

The commission formally began its work on Feb 15, with a target of completing its mission within six months.

These included panels on constitutional, electoral, judicial, anti-corruption, police, and public administration reform.

Riaz said the second phase of talks with political parties will begin in late May or early June, aiming to produce a National Charter by July.