Disagreements among political parties over how to implement the July National Charter have thrown the National Consensus Commission (NCC) into difficulty, despite broad agreement on state reforms.
Although there is a consensus on state reform with a lot of confusion including the note of dissent, its implementation has become an obstacle. In the end, fearing that the July National Charter may collapse, some influential political parties have emphasized its legal basis. Their argument is that if no party comes to power and does not implement the consensus reached after meetings, then state reform will not take place.
Therefore, it is not possible to implement it without a legal basis. On the other hand, some parties have taken a stand against it. Their argument is that all parties are holding meeting after meeting. It is being broadcast live on television. The media is broadcasting news every day. The parties are giving their open opinions on specific issues. After that, how much is the rationality of the legal basis. Everything is happening in front of the people. This is the big basis.
The parties agree on 84 issues including the note of dissent. However, complications arise in the implementation process.
The differences between the parties over the implementation of the July Charter have challenged the National Consensus Commission (NCC). In addition to the political parties, the expert team is also taking opinions to find a way out. It is talking to constitutional experts and legal analysts.
Although several rounds of meetings were held on the issue in the third round, the parties could not reach a consensus. The commission has announced that it will hold another formal meeting with the political parties in the first week of next month. In between, there are plans for several informal meetings with the parties.
In response to the question whether the 'July Charter' will be a legal document or not, NCC Vice President Professor Ali Riaz told Bangladesh Pratidin, “We have discussed how the July Charter can be implemented and its legal basis. Various proposals have been presented there. Nothing has been finalized yet, discussions are ongoing. The commission is also discussing this with legal experts.”
In view of the demands of several parties including Jamaat-e-Islami, Jatiya Nagorik Party (NCP) and Islami Andolan Bangladesh, the NCC is considering presenting the July Charter as a binding legal document. Now, the commission is seeking a commitment from all political parties to issue an ordinance to implement the July Charter.
The ordinance will contain a special constitutional pledge, which will ensure the highest legal precedence of the July Charter over all other laws and court rulings. According to the latest draft of the charter, political parties will be asked to promise not to raise questions in any court about the validity and necessity of the July National Charter. It ensures complete legal and constitutional protection at every stage of its implementation.
The political parties have not yet reached a consensus on the implementation process of the July Charter. BNP says that the Supreme Court's opinion can be taken on the method of implementing the charter.
However, Jamaat-e-Islami and NCP have suggested a constitutional order or a Constituent Assembly to provide a legal basis. The chief adviser urged all parties to reach a consensus so that dictatorship does not return.
BNP said that they are ready to sign the charter. However, the party has suggested seeking the opinion of the Supreme Court on the procedure for reforming several constitutional issues.
Salahuddin Ahmed, a member of the BNP's national standing committee, said, “BNP is ready to sign the July Charter. There is a commitment, there are some observations on that. We are optimistic about its implementation if the charter is signed. We have made proposals for its implementation. However, we do not want any such method through which it is established outside the power of the law. We do not want it.”
He also said, “So that the charter can be implemented without question, we have suggested seeking the opinion of the Supreme Court.”
Meanwhile, Jamaat-e-Islami is adamant about the legal basis of the charter. The party believes that if the Constitution Order 2025 is issued, this charter will not be subject to legal challenges in the future.
Jamaat's Assistant Secretary General Hamidur Rahman Azad said, “We want to go for such a method so that no one can challenge this charter in the future. Even if it is done again, it will not survive. That is why Jamaat wants to issue an order called the Constitution Order 2025. It cannot be legally challenged.”
The NCP said that constitutional issues must be resolved in terms of reforms, and the Constituent Assembly can be the solution.
The party's member secretary Akhtar Hossain said, “We do not want to lose hope at the last moment. Constitutional issues must be resolved in terms of reforms. We want the July Charter to get a legal basis after so many days of discussions. Out of 84 points, 43 are related to the constitution, and it is possible to implement it through the Constituent Assembly.”
Rashed Khan, general secretary of the Gono Odhikar Parishad, said that the government has once again incited political parties towards division. “The government has once again pushed the ball towards the parties without taking a decision itself. It does not want to take responsibility.”
He said that experts have proposed a referendum and a constitutional order. He asked, what will happen if the people do not accept this?
The NCC has proposed a 'constitutional order' and a referendum to implement the July National Charter and ensure its legal basis. The commission's proposal is that a final decision on the charter should be made through a referendum on the same day as the national elections in February.
However, there is a difference of opinion among the major political parties on the date (time) of the referendum. BNP said that the referendum should be held after the national elections. However, if everyone agrees, it can be on the day of the elections. A decision on this matter will have to be made at the negotiating table.
On the other hand, Jamaat-e-Islami wants to implement the charter through a referendum before the national elections. And the national elections will be based on the charter. In this regard, they have already taken to the streets to protest.
NCP said that the Constituent Assembly election is necessary on the constitutional issue. It wants to create a new constitution through this Constituent Assembly. And it will discuss the referendum in the party forum and decide.
(Translated by Tanvir Raihan)
