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Sunday, December 30, 2007

[mukto-mona] Statement by Bangladesh Institute of Human Rights (BIHR)

Election conducting Government officials right from the office of
Chief Election commission up to Returning officer of the Districts,
Assistant Returning officer of the Upazila and Militarization of the
polling station are the main obstacle in the path of free, fair and
neutral election in Bangladesh.

Since after the killing of the father of the Nation Bangabundhu Sheikh
Muzibur Rahman on 15 August 1975 the following elections were held in
Bangladesh:

1. Referendum of Military ruler Lt. General Ziaur Rahman was held in
the year 1977. At best 2 % of voters turned out but the
election-conducting officials in the presence of the Military showed
98% casting of the total voters and Ziaur Rahman achieved the peoples
mandate to become the president simultaneously holding the post of
Chief Staff of Army. There was no role of politicians in that rigging
of election.

2. President election was held in 1978 under Martial law of Ziaur
Rahman who contested the election against General (Retd) M. A. G.
Osmani, who was C in C during 1971 war of liberation. Opposition
candidate Mr. Osmani had to face obstacle everywhere throughout the
whole country in his election campaigning meeting by the respective
local administration under the direct direction of the military
authorities. The poling centers were under the control of the
militarized administration. Ziaur Rahman won the president election
with huge margin of votes due to massive rigging both in casting and
counting of the ballot papers.

3. Parliamentary election was held in 1979 under the Martial law of
Ziaur Rahman. Two third majorities in the parliament was required to
ratify all the Martial law regulations before lifting the said Martial
law. So the fate of the election result was pre-decided by the
militarized government mechanism. The political party of Ziaur Rahman
was formed under the guidance of Directorate General Forces of
Intelligence (DGFI), Zonal, sub-zonal and District Martial law
Administration in the name of Bangladesh Nationalist Party (BNP). The
BNP won the pre-decided number of seats in the parliament by massive
rigging both in casting and counting of the ballot papers by the
militarized election-conducting officials.

In those three elections under military ruler Ziaur Rhaman, there were
no scopes of participation in election rigging by a single political
leader and worker. Rather those malpractices adopted by a military
ruler could teach the civil & police administration how to manipulate
election violating the service ethics with the hope of reward from the
winning government party.

4. Hossain Mohammed Ershad, another Military Ruler, came to power as
C. M. L. A. after the killing of Ziaur Rahman on 30 May 1981. He also
followed same roadmap of his predecessor. He formed a political party
in the name of Jatyo Party (J.P.) and held parliamentary election in
1986. This time his opponent Awami League could recover strong
organizational strength under the leadership of Sheikh Hasina. So, J.
P. had to face tough contest and could not win majority seats as
declared by the election commission through Bangladesh Television for
a few hours. So in the midway the declaration of the election result
was kept suspended for three days. The military ruler Ershad needed
two third majority of seats in the parliament to ratify the Martial
Regulations. So, he started mechanism to rig the election both by
sealing extra ballot papers and its recounting in the office of the
returning officer in the district Head Quarter. Thus after ensuring
two third seats in the parliament the election result was declared and
J. P. won 2/3 rd seats. So no political leader and worker did have any
participation in rigging the election of 1986.

5. The same military ruler held parliament election in 1988, which was
not participated by major political parties A.L. and BNP. On the
polling day the country including the capital city, Dhaka, was worst
affected inn by 1988 devastating prolonging flood. So even 1% voters
did not turn out to the polling center but the militarized election
machineries showed above 60% votes to have been cast. J.P. won the
voter-less election and claimed to have bagged above 60% of votes in
their favor. Here not the politicians but the government officials
having enriched with previous experience and practice could change the
day in to night in their effort of election rigging.


6. Election in 1991 & 1996 were held under non partiesan care taker
government as per demand of the political parties for free fair and
neutral election. Those two-care taker government did not give any
arresting power to the military authority. They were put under the
command of civil administration as per criminal procedure code
(Cr.pc). For that reason the military, deployed in election duties,
were camped in district Head quarter and not allowed to visit any
polling center without a magistrate in case of tackling grave
situation out of control of police & Ansar. In absence of the
arresting power to the military and restricted visit to the polling
center the elections were held in those two terms more free, fair and
neutral and voters were very happy to elect their representative as
per their own will.

7. In 2001 the election was held under 3rd caretaker government of
Justice Latifur Rahman. From the beginning of his power as chief
Adviser he started to show adverse attitude towards Awami League and
favor to BNP. The nation was surprised to see that the electric and
telephone line of the residence of Sheikh Hasina a immediate past
prime minister were disconnected by the care taker government
immediately after oath taking ceremony. The care taker government
started cleansing operation in the whole government machineries
through massive transfer, suspension and putting officer on special
Duty (OSD) i.e. sitting without any job or any office. The blueprint
behind such cleansing operation of the care taker government were
aimed creating panic within the government officials so that they
would fear the caretaker government and implement any evil design of
the government without any protest. Those care taker government
re-imposed militarization the whole election process. They amended
Cr.p.c. and empowered the military with arresting power to arrest
anybody without any warrant and on mere suspicion while on election
duties. Those military contingences were deployed to each of the
Upazilas (police station) 10 days ahead of the polling days. The
military started to give round to each of the polling center and
surrounding localities to arrest and torture any person against their
chosen contesting candidates for member of parliament. Thus a reign of
terror was created in all the constituencies allover of the country.
Mainly their actions were concentrated against the local leaders,
workers and voters of Awami League because Awami league is always
against militarization of the administration and the government to
uphold the true democratic nation. On the other hand BNP took its
birth in the cantonment by the military ruler Ziaur Rahman. So, all
benefits of such design of militarization went in favor of BNP Jamat
alliance. The military without encountering any protest either from
panic-stricken A.L. supporter or same panic stricken civil and police
administration could safely ensure victory of their chosen candidate
from BNP-Jamat alliance as MP in a very peaceful manner in the eyes of
the international community. In spite of massive rigging done due to
militarization the A.L. alone got 40.24%, BNP + Jamat for BNP
candidate got 41.14% and Jamat+BNP for Jamat Candidate got 04.50% of
total counted votes. But surprisingly only for difference of 0.90%
votes between AL candidates and BNP candidates, BNP won 196 seats and
AL won only 62 seats. The Jamat candidates got 04.50% votes but won 18
seats. Is it not a magical distribution of seats in the parliament by
a skilled and well architectured mastermind of the government
machineries?

From the above fact it is evident like daylight that no political
party and politician are the main obstacle in the path of free fair
and neutral election in Bangladesh. It is the politicalized military
controlled election conducting government official who are main hurdle
in the path of free, fair and neutral election But all the
international communities including EU are pointing their finger
towards the political parties and the politicians as a main obstacle
in the path of free fair and neutral election and suggested to reform
the political parties and preparation of photo-voter list in the tune
with the military backed caretaker government as the only precondition
of fair election. The real reformation should be concentrated to
de-militarization of the election process. The military should not be
given any access to the power of arrest without warrant through
re-amendment of Cr.p.c. There must be rule of conduct of the election
conducting officials and provision of punishment including the
specific case, arrest, dismissal, suspension, and departmental
proceeding as per gravity of offence committed against fair election.

If the proper rules and regulation can be enforced upon election
conducting government officials to force them to become neutral as
proposed then holding of free, fair and neutral election as desired by
the national and international communities will not be impossible with
the present set of government machineries.


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"I disapprove of what you say, but I will defend to the death your right to say it".
-Beatrice Hall [pseudonym: S.G. Tallentyre], 190
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