Political parties on Wednesday reached a consensus to form the Election Commission through a constitutionally mandated selection committee, led by the speaker of parliament.
The consensus was made among 30 political parties during the 18th session of the National Consensus Commission鈥檚 second-round dialogue at the Foreign Service Academy in Dhaka.
The parties overwhelmingly agreed to amend the constitution鈥檚 article 118 (1) which defines the formation of the EC. The existing constitution empowers only the president to appoint the top officials of the constitutional body.
NCC vice-chair Professor Ali Riaz said, 鈥楾he consensus, achieved through significant concessions by various political parties from their earlier positions, paves the way for establishing an independent and effective EC.鈥�
At the beginning of the session, representatives from the Communist Party of Bangladesh, the Socialist Party of Bangladesh and the Bangladesh Jatiya Samajtantrik Dal-Jasod staged a symbolic 10-minute walkout protesting at Tuesday鈥檚 police crackdown on demonstrating students at the secretariat.
The NCC on Tuesday proposed an appointment mechanism for five top officials of the EC. However, the finalised mechanism on Wednesday cancelled the five-member EC formation and suggested that the size of the EC would be determined by law to allow its expansion in the future.
About constituting the EC, the politicians agreed that the president must appoint one chief election commissioner and the commissioners, based on recommendations from a selection committee.
This committee must include the speaker, the deputy speaker from the main opposition, the prime minister, the main opposition leader in the parliament, and an Appellate Division judge representing the chief justice.
According to the agreement, the selection commission must prepare a consensus-based list of the selected chief election commissioner and other commissioners 90 days before ending the current officials鈥� terms.
For the selection, the committee would invite letters of interest and personal information from 鈥榠nterested鈥� candidates that fall under law-defined eligibility. The law would also define the application verification procedures.
Later, the selection committee, in its own capacity, would scrutinise the applications in a transparent way and unanimously nominate only the final candidates for the top EC posts.
According to the agreement, the parliament secretariat would provide secretarial support to the selection committee.
The parties agreed that the sub-articles 118 (2), (3), (4), and (6) would remain unchanged.
The mentioned sub-articles outline provisions regarding the structure and function of the EC, the chairmanship of the chief election commissioner, the tenure, the obligations for the former top EC officials, and the independence of the EC and its liabilities to the constitution and applicable laws.
However, there was consensus on adding a new clause to sub-article 118(5), which would provide for the formulation of a law and code of conduct by the parliament to bring the top EC officials under an accountability framework.
On Tuesday, the NCC also proposed separate selection mechanisms regarding the appointment of top officials to the Public Service Commission, Comptroller and Auditor General, Anti-Corruption Commission, and the Ombudsman.
Bangladesh Nationalist Party standing committee member Salahuddin Ahmed said that his party had long recommended enactment or amendment of relevant laws, instead of separate appointment processes, to ensure transparency and accountability in the constitutional and statutory bodies.
鈥楬owever, the BNP has agreed on the constitutionally-defined selection process for the EC as it is crucial for the much-expected free and fair national elections,鈥� he said.
He said that the BNP would abstain from discussing selection mechanisms for the PSC, CAG, ACC and other statutory bodies.聽
Contrary to the BNP, the National Citizen Party鈥檚 member secretary Akhter Hossen said that his party still demanded that appointment mechanisms for the other constitutional and statutory bodies must be incorporated into the constitution.
鈥楤NP wants these institutions to be governed by law. But laws can be easily repealed or amended,鈥� Akhter said.
Revolutionary Workers Party of Bangladesh general secretary Saiful Huq expressed concern that the five-member selection committee for appointing top EC officials might face deadlock, as reaching a consensus could be uncertain.
In response, Bangladesh Jamaat-e-Islami鈥檚 nayeb-e-amir Syed Abdullah Mohammad Taher supported a consensus-based selection process.
Meanwhile, the NCC vice-chair Ali Riaz warned that without consensus in appointing top EC officials, holding a national election could become impossible.聽聽
After the lunch break, Ali Riaz adjourned the dialogue until Sunday morning as several politicians were about to attend a meeting with chief adviser Professor Muhammad Yunus.