Elections in Bangladesh 2006-2009 Transforming Failure into Success Elections in Bangladesh 2006-2009 Transforming Failure into Success Peter Eicher Dr Zahurul Alam Jeremy Eckstein Copyright © 2010 United Nations Development Programme Bangladesh REPORT PRODUCTION TEAM: Authors: Peter Eicher Dr. Zahurul Alam Jeremy Eckstein Cover Design: Salman Saeed Printed by: Pearl Communications United Nations Development Programme (UNDP) UN O!ces, IDB Bhaban (19th Floor) Sher-e-Bangla Nagar, Agargaon GPO Box 224, Dhaka-1000 Bangladesh Tel: (880-2) 815 0088 Fax: (880-2) 811 3196 [email protected] www.undp.org.bd United Nations Development Programme (UNDP) is the UN’s global development network, an organization advocating for change and connecting countries to knowledge, experience and resources to assist people build a better life. Working in 166 countries, UNDP is working with them on their own solutions to global and national development challenges. UNDP embarked on its journey in Bangladesh in 1973. Since its inception, UNDP and its partners accomplished key results in the areas of governance, poverty reduction, environment, energy and climate change, disaster management, and achievement of Millennium Development Goals (MDGs). UNDP is engaged with various governmental agencies and partners to strive towards economic and social development in Bangladesh. The views expressed in this publication are those of the author(s) and do not necessarily represent those of the United Nations, including UNDP, or their Member States. Elections in Bangladesh 2006-2009: Foreward Transforming Failure into Success Foreword During the 2008 election period, major improvements were made to the electoral process. Electoral laws and rules were enhanced. The Bangladesh Election Commission was strengthened and given support to enforce rules and to assure fairness, with the cooperation of political parties and citizens. With the help of the Army, the Election Commission professionalized election management through the creation of a world class photographic voter list. This was a remarkable achievement and a model of civil-military cooperation. Representatives of electoral authorities from several countries have since visited Bangladesh to learn about this highly successful endeavour. This study documents this intense period of electoral reform. It comes at a particularly opportune moment, as Bangladesh rises to the challenge of institutionalizing and sustaining the achievements of the 2008 election and ensuring the credibility and independence of its Election Commission. The publication also comes at a time when the debate on election management has intensi!ed, and the Government has declared its intention to support the further strengthening of the Bangladesh Election Commission as an independent, professional and credible institution. As the basic principle of democracy is for citizens to elect e"ective and responsive policy bearers, an electoral system that facilitates this process is the basic foundation for democratic consolidation. For an electoral authority to perform its functions well, it must be independent, competent, inclusive and sustainable. The authors of this study analyze and document the events that enabled the Bangladesh Election Commission to administer the 2008 elections and the immediate post-election period in an exemplary manner. I agree with them that sustaining the electoral reforms undertaken prior to the 2008 elections are critical to ensuring an environment conducive to holding credible, transparent and inclusive elections in the future. The authors identify achievements as well as areas for improvement, making useful suggestions for further reform. The study is part of a series of UNDP-facilitated discussion papers on deepening democracy. We hope it may be useful to scholars, government o#cials, political party members and civil society groups interested in electoral reform, both in Bangladesh and in other countries around the world. We warmly appreciate the work of the authors and editors who dedicated remarkable amounts of time and e"ort to the study. We are also grateful to the Bangladesh Election Commission and the Election Commission Secretariat for giving their valuable time and making information and documents available to the study team. Renata Lok-Dessallien UN Resident Coordinator and UNDP Resident Representative 5 Elections in Bangladesh 2006-2009: Transforming Failure into Success Contents Contents Acknowledgements 1 3.5 Domestic e!orts to resolve the crisis 32 Acronyms 2 3.6 Election preparations 32 3.6.1 The electoral rolls 32 Executive summary 3.6.2 Composition of the BEC 33 Overview 6 3.6.3 Other election preparations 34 The electoral system 6 3.7 The "rst Caretaker Government 34 The collapse of attempted elections 6 3.8 The many lost opportunities 35 Preparing for the 2008 elections 8 Voter registration 8 CHAPTER 4 Other electoral reforms 9 Structural issues responsible for the collapse 42 Initiatives of the Caretaker Government 9 4.1 The electoral rolls 42 The conduct of the 2008 elections 10 4.2 Lack of con"dence in the Election Commission 43 Durability of the reforms 10 4.3 Politicization of the civil service 44 Lessons learned 10 4.4 Political party structures and operations 45 Lessons from the 2007 electoral process 11 4.5 “Black money” 46 Lessons of the reform e!ort 12 4.6 Muscle power 47 The international role 12 4.7 Human rights 47 Challenges ahead 13 4.8 The failure of the Caretaker Government system 48 4.9 2008 Parliamentary elections chronology of CHAPTER 1 events 50 Introduction 16 1.1 About the study 16 CHAPTER 5 1.2 Purpose of the study 16 Towards the 2008 elections 54 1.3 Plan of presentation 17 5.1 State of Emergency 54 5.2 The new Caretaker Government 56 CHAPTER 2 5.3 Reconstituted Election Commission 56 Background on the Government and electoral system 5.4 BEC dialogue with stakeholders 58 of Bangladesh 20 5.5 The anti-corruption campaign 60 2.1 The system of government 20 5.6 Dhaka University riots 61 2.2 The electoral system 20 5.7 Splits in the political parties 62 2.3 Local government institutions 23 5.8 Caretaker Government dialogue with political 2.4 Political parties and alliances 24 parties 62 2.5 Chronology of key events leading up to the 5.9 Electoral reforms 63 cancellation of the 2007 elections 25 5.10 Local elections 64 5.11 Public perceptions 65 CHAPTER 3 5.12 Political party registration 67 Collapse of attempted elections 28 5.13 Election timing issues 67 3.1 The 14th amendment to the Constitution 28 5.14 Election campaigns 68 3.2 Terrorism 28 5.15 Media coverage 69 3.3 Politics of confrontation 29 5.16 Election observers 69 3.4 Opposition demands 30 5.17 Election day round up 70 6 Elections in Bangladesh 2006-2009: Contents Transforming Failure into Success 5.18 Election results 70 6.11 Participation of minorities 101 6.11.1 Minorities in the CHT 102 CHAPTER 6 6.12 Women’s participation 103 Major electoral reforms 74 6.12.1 Continued under-representation in 6.1 Reform of the electoral laws 74 Parliament 103 6.2 Voter registration 75 6.12.2 Women in the election administration 104 6.2.1 Decision to create electoral rolls with 6.13 Voter education 104 photographs 76 6.13.1 The Election Working Group and voter 6.2.2 Methodology of voter registration 79 registration 105 6.2.3 The pilot project 81 6.13.2 Election information 105 6.2.4 Enabling law for voter registration 82 6.14 Complaints and appeals process 106 6.2.5 Partnership of diverse stakeholders 82 6.15 E!ects of the electoral system 106 6.2.6 National identity cards 84 6.2.7 Timeline and resources for registration 84 CHAPTER 7 6.2.8 Voter registration progress per month 85 International assistance to the election process 110 6.2.9 Accuracy of the electoral rolls 85 7.1 The preparation of electoral rolls with photo- graphs project 110 6.3 Implementation of voter registration 86 7.2 Construction of server stations 110 6.4 Political party registration 88 7.3 The national elections program 110 6.4.1 Preconditions for party registration 89 7.4 The support to the electoral process in Bangla- 6.4.2 Party registration before the 2008 desh project 111 elections 90 7.5 The translucent ballot boxes project 111 6.4.3 E!ects of party registration 90 7.6 Other donor initiatives 111 6.5 Nomination of candidates 90 6.5.1 Revised quali"cation requirements 91 CHAPTER 8 6.5.2 Article 91E and the power to cancel Evaluation of the 2008 Elections 114 candidacies 92 8.1 Legal framework 114 6.5.3 Implementation of the nomination process 92 8.2 E!ectiveness of the election administration 115 6.6 Campaign reform 93 8.3 Voter registration 116 6.6.1 Violations of the Code of Conduct 94 8.4 Party registration 117 6.7 Campaign "nancing 94 8.5 Candidate nominations 117 6.7.1 Political party responsibilities 95 8.6 The electoral campaign 118 6.8 Constituency delimitation 95 8.7 The media 119 6.9 Reform of the election administration 97 8.8 Electoral violence 120 6.9.1 Election Commission Secretariat Ordi- 8.9 Voting 120 nance, 2008 97 8.10 Postal voting 122 6.9.2 Changes in election administration 97 8.11 Counting and tabulation 122 6.9.3 BEC "eld level reorganization 98 8.12 Domestic observers 123 6.9.4 Introduction of technology to the 8.13 Announcement and publication of results 123 election process 99 8.14 E!ectiveness of the complaints and appeals 6.10 Domestic observer guidelines 99 process 124 6.10.1 Revision of observer guidelines 99 8.15 Chronology of events following the 2008 elec- 6.10.2 Domestic observer accreditation 100 tions 125 7 Elections