The Constitutional Reform Commission proposes voting to be recognised as a fundamental right, so that people can seek legal remedies if it is violated.
Members of the commission say that this constitutional recognition will allow people to go to courts if they cannot exercise their voting rights.
This change will also help rid the country of elections in which many people cannot cast their votes and compel the Election Commission to arrange free and fair elections.
The reform commission proposes expanding the fundamental rights to include food, shelter, vote, and internet.
The body proposes merging the 2nd and 3rd sections of the constitution to form a new charter on “fundamental rights and liberty”.
Chief of the commission Prof Ali Riaz said, “Voting rights are fundamental and cannot be violated under any circumstances. The citizens’ voting rights were violated during the last three elections. And there was no remedy because voting rights are not recognised as fundamental.
“If voting is recognised as a fundamental right, then courts will have the authority to compel the authorities concerned to ensure it. Citizens will at least have legal protection through the courts. We hope the courts will function independently, and justice will prevail.
“Voting rights of Bangladeshi citizens have been violated on various occasions, including in the era of military rule.”
According to article 102 of the constitution, “The High Court Division on the application of any person aggrieved, may give such directions or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriate for the enforcement of any of the fundamental rights conferred by Part III of this Constitution.”
The last general election in January 2024 was widely criticised as it was not competitive and inclusive. Awami League leaders ran as independents to make the polls appear competitive.
During the 2018 election, opposition parties alleged that ballot boxes were stuffed the night before election day.
In January 2019, Transparency International, Bangladesh, in a study found that stamping of ballots took place the night before election day in more than one centre in each of the 33 of the 50 surveyed constituencies.
In the 2014 election, 153 lawmakers out of 300 were elected unopposed as most of the opposition, including the BNP, boycotted the election.
Election experts also raise questions about the acceptance of the elections held under dictators in 1979, 1986 and 1988. In the February 1996 election, all the major political parties except the BNP boycotted the election that saw a measly 26.54 percent turnout.
Election expert Abdul Alim says some countries like Germany, Canada and South Africa recognise voting rights as fundamental.
“The option to go to court will empower the voters. The adoption will oblige the Election Commission to hold the election in a free and fair manner,” he adds.
EXPANSION OF FUNDAMENTAL RIGHTS
The reform commission report submitted on January 15 to the Chief Adviser Prof Muhammad Yunus proposes that the right to food, education, healthcare, housing, access to internet and information and others be regarded as fundamental.
Prof Riaz says access to the internet and information is a right in today’s world.
“We have observed internet blackouts at various times. Measures were taken to prevent citizens from accessing information. Recognising the right to information has relations with accountability: if I know something, I will ask questions.”
About the recommendation of progressive realisation of the fundamental rights like education, health, food, and housing, based on resource availability, he says that when the 1972 constitution was formed, there were discussions about making education and health mandatory. Then the government said the state did not have the resources.
“That was correct, wasn’t it? In 1972, the country had just gained independence. it was war torn.”
The country has developed to a certain level.
“The wealth looted from our country could have been used to build many hospitals and educational institutions. That’s why, we recommend progressive implementation of what is feasible.”
source : Daily Star