Country Report Bangladesh April 2011

The political scene: The opposition remains critical as the AL nears mid-term

The Awami League (AL) government has completed nearly one-half of its five-year term. During this time it has launched a number of controversial political projects, some of which may not be completed before the end of its tenure. The projects include the full restoration of the 1972 constitution and the trial of those alleged to have committed war crimes during Bangladesh's war of secession with West Pakistan (now Pakistan) in 1971. The projects have dominated the political scene and are likely to do so in the remainder of the AL's term. The main opposition Bangladesh Nationalist Party (BNP) and its ally, Jamaat-e-Islami, are politically opposed to the war crimes tribunal and to constitutional changes that could diminish their chances of forming a government after the next parliamentary election, which is not due until 2014. (However, the BNP is opposed to the tribunals in their current format, rather than in principle.)

The BNP's opposition to the government's plans to restore the 1972 constitution is unequivocal. The party resents the reversal of constitutional changes made by Ziaur Rahman, the president of Bangladesh between 1977 and 1981 and the founder of the BNP. Mr Rahman believed that religion-based parties should be allowed to take part in the country's political arena, and bans on such parties were therefore lifted. However, the Supreme Court has already ruled that the changes made by Mr Rahman are null and void. Reverting to the 1972 constitution will have an adverse impact on Jamaat's political activities. Jamaat was part of the previous democratically elected government. It will have to consider how much it values the legitimacy of its political operations in Bangladesh. To remain a legitimate political entity in the country, the party will have to comply fully with a recent directive from the Election Commission to radically alter its charter, as well as omit any phrase pertaining to a desire to impose Islamic law should Jamaat come to power.

The BNP also fears that the government wants to scrap the caretaker government system, a constitutional provision under which the outgoing government hands over power to a non-partisan caretaker government that takes charge in the interregnum and oversees preparations for a parliamentary election. So far the authorities have indicated that they only intend to change the constitution to limit the president's sweeping power to declare a state of emergency and promulgate major ordinances under a caretaker government. The debate over how to conduct elections to the legislature is likely to intensify as the 2014 parliamentary poll approaches. However, much of the debate, not unlike the BNP's demand for mid-term polls, is political posturing. But it does illustrate that after having been out of power for almost five years, the BNP is slowly recovering confidence and preparing for the next parliamentary election.

The third issue that divides Bangladesh's two political camps is the forthcoming trial of those accused of committing war crimes in 1971. In March a member of the BNP and a former government minister, Abdul Alim, was arrested on charges of committing crimes against humanity in the war of secession. He was later released on bail, after the country's International Crimes Tribunal ordered his release on health grounds. Mr Alim was a cabinet minister during Mr Rahman's time in office. Six other high-profile politicians are being investigated for allegedly committing war crimes. Five are members of Jamaat and one other is a senior member of the BNP and a close adviser to the party's leader, Khaleda Zia. The government faces a formidable task. Few believe that the BNP would continue with the trials should it win the next election, giving the tribunal less than two years to complete its task. The trials have a small budget of Tk100m (US$1.4m) and are being carried out under the provisions of a 1973 law, the Bangladesh International Crimes (Tribunal) Act, which does not fully comply with prevailing international standards. The establishment of a war crimes tribunal and the removal of a pioneer of microfinance, Muhammad Yunus, from his role as managing director of a local microlender, Grameen Bank, has led to a view that the government is using the country's courts to settle political scores against its rivals and perceived enemies.

© 2011 The Economist lntelligence Unit Ltd. All rights reserved
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