Three Things to Note from Josep Borrell’s Response to the European Parliament Letter on Bangladesh

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In response to the much talked about letter from the six Members of the European Parliament led by Ivan Štefanec MEP, the Vice President of the European Commission Josep Borrell Fontelles has underlined three areas that the European Union, the organisation of 27 European states, would be observing in the coming days.

The letter was sent on July 6, 2023, two days before the commencement of a fact-finding mission of an EU delegation and can be considered as a reference point for discussions in the future.

Here are the three things to take note from the letter.

Democratic process and upcoming elections under the EU’s watch

Josep Borrell Fontelles has confirmed that his office is following ‘the political situation in Bangladesh ahead of upcoming elections’ closely. The European Commission’s Vice President, noting that the EU encourages everyone in Bangladesh to exercise political rights and participate in the parliamentary elections, has stressed the necessity of a “genuine dialogue” between the main parties, not to mention the ruling Awami League and BNP.

Most importantly, Vice President Fontelles has made it clear that the democratic process is not limited to a parliamentary election, instead ensuring ample space for civil society, freedom of expression and freedom of assembly are the crucial elements of it. He also called for avoiding violence at all costs.

Special preferences linked to human rights

Recent statistics suggest Bangladesh had a trade surplus of around 23 billion euros in 2022 with European Union, thanks to the Everything But Arms (EBA) scheme enjoyed by the country. European countries remain the largest export destination for Bangladesh’s readymade garments (RMG) products. Though Bangladesh is set to lose the GSP after 2023, Bangladeshi producers have been asking for GSP+ to enjoy preferential arrangements from 2024 to 2034.

To avail of the GSP, Bangladesh has to respect the basic human and labour rights principles outlined in the 15 core conventions and according to the letter by Josep Borrell Fontelles, the European Union will be sharing a report on Bangladesh’s progress soon.

The International Covenant on Civil and Political Rights (ICCPR) is among the 15 core conventions for EU’s GSP, 3rd among the seven conventions on Human Rights. Article 25 of the ICCPR reads: ‘Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions […] to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors.”

This is to note that the EU had concerns regarding both the 2014 and 2018 elections in Bangladesh. After 2018, the EU statement read: “Violence has marred the election day, and significant obstacles to a level playing field remained in place throughout the process and have tainted the electoral campaign and the vote.” Therefore, it is quite clear that the last two elections cannot be considered “genuine periodic elections” and they did not reflect “the free expression of the will of the electors” for the “significant obstacles to a level playing field” as mentioned in the EU statement.

If the upcoming election in Bangladesh, scheduled in January 2024, follows the patterns of the last two elections, Bangladesh cannot be considered a country that respects the International Covenant on Civil and Political Rights and basic human rights.

Hence, not having a fair poll might cost Bangladesh its access to EBA and this “also goes for any future GSP+ application, should Bangladesh decide to apply,” the letter reads.

Former PM Khaleda’s health condition

Another not much talked about but crucial issue in Bangladesh’s politics is the health of former Prime Minister Begum Khaleda Zia. The first woman premier of Bangladesh has been suffering from a number of complications after spending a significant amount of time in the jails since 2018. Josep Fontelles claimed that the EU has been closely following the health situation of Mrs Zia and it is crucial from the EU perspective that she has access to the best possible medical treatment.

Yet, the government of Bangladesh, led by her rival Sheikh Hasina, has been barring her from accessing treatment abroad citing the terms of local laws. Any major deterioration of her health has the potential to trigger violent protests in the country as, despite the corruption charges, she is the chairperson of BNP and has a huge following among the people.

It is noteworthy that the laws cited to bar her from availing treatment abroad are not exercised equally. Haji Selim, a parliament member of Sheikh Hasina’s party, who was convicted by a court, left for Bangkok in 2022, for better treatment.

The letter coming from the highest level of the European Commission provides the readers with viewpoints of the EU regarding Bangladesh’s upcoming elections and space for opposition, media and civil society. It is highly likely that a 2014-like election is going to disrupt Bangladesh’s economy if the EU decides to utilise its economic levers.

[Photo by European Parliament, via Wikimedia Commons]

Aaqib Md Shatil is a Research and Communication Officer of the Sydney Policy and Analysis Centre. The views expressed in this article are those of the author and do not necessarily reflect TGP’s editorial stance.

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