Caretaking Democracy Political Process in Bangladesh, 2006-08
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Caretaking Democracy Political Process in Bangladesh, 2006-08 i ii Caretaking Democracy Political Process in Bangladesh, 2006-08 Sreeradha Datta Institute for Defence Studies and Analyses, New Delhi iii © Institute for Defence Studies and Analyses, 2009 ISBN: 81-86019-59-6 First Published: August 2009 Published by: Institute for Defence Studies and Analyses 1, Development Enclave, (near USI) Rao Tula Ram Marg New Delhi-110 010 India Telephone: +91-11-2671 7983 (30 lines) Fax: +91-11-2615 4191 Email: [email protected] Website: http://www.idsa.in Produced by: Magnum Custom Publishing (A Div. of Magnum Books Pvt Ltd) Registered Office: B-9c, Gangotri Enclave Alaknanda, New Delhi-110 019 Tel.: +91-11-42143062, +91-9811097054 E-mail: [email protected] Website: www.magnumbooks.org All rights reserved. No part of this publication may be reproduced, sorted in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photo-copying, recording or otherwise, without the prior permission of the Institute for Defence Studies and Analyses (IDSA). iv to Ma and Baba with love and admiration v Contents Acknowledgements ix 1. Introduction 1 2. The October Crisis 7 3. Caretaker to the Interim Government 17 4. The Army: Power behind the Throne 47 5. Rising to the Economic Challenge 69 6. Synergy with India 85 7. Prognosis 111 8. Annexures 121 Index 180 vii Acknowledgements This book would not have been possible without my friends and well-wishers from different walks of life, who have contributed to my study of Bangladesh. Apart from the projects that I have undertaken at IDSA, which has supported my various publications on the subject, my interactions with experts on the subject during the Indo-Bangladesh Track II dialogue led by former High Commissioner Deb Mukharji with Centre for Policy Dialogue, offered me a window of opportunity. His unfailing patience with all my constant queries and his understanding of the subject has made me look at the issues differently and undoubtedly more comprehensively. It is a learning process, which I hope to carry with me always. Matiur Rahman, editor, Prothom Alo, who walked into IDSA one day, with my earlier book on Bangladesh in hand, sealed a bonding that I know will last a lifetime. Every conversation and discussion with him has left me that much richer and I cherish my association with him. Ambassador Debapriya Bhattacharya, has been another invaluable source of knowledge and support for me, as has Hena Farid Bhai, who has been so generous with his constant updates. If it were not for Omprakash Mishra, I would still have been only pottering around my garden. His contribution is beyond words. On many occasions I have benefitted from the counsel of B G Verghese and I will always remain indebted to him for his extreme kindness and encouragement. My thanks also to Professors S D Muni, I N Mukherji and Ajay Behera, noted columnist, Hiranmay Karlekar, and Ambassadors Veena Sikri and Pranab Mukhopadhaya for being generous with their knowledge and time. I also warmly acknowledge my friends Nitya Nanda, Dipanjan Roychoudhury and Ashis Banerjee for their support. This book is not only a reflection of Director General N S Sisodia’s persuasiveness but also of my numerous interactions at IDSA, especially ix within the South Asia cluster. My sincere thanks to all my Cluster Coordinators, especially Arvind Gupta, Lal Bahadur Shastri Chair, as well as to all my colleagues, especially Vivek Kaushik. The anonymous referees’ comments and suggestions have been truly humbling and I am eternally grateful for their thoughtfulness. The publication got its final shape with Arvind Passi’s painstaking editorial effort. Over and above, this book would never have been possible without P R Kumaraswamy, who despite his many preoccupations and commitments has given his unstinting support over the past many years which can never be repaid by mere expressions of gratitude. Thanks Kumar for being there for me always. The usual disclaimers apply, and despite the best efforts, any discrepancies are attributable solely to me. Sreeradha Datta x Introduction 1 …in the end, it was the army which capitulated and folded its hands. Ultimately, the army decided that it was neither prepared to counter the country-wide demonstrations that would doubtless have resulted from keeping the two leaders incarcerated, nor was there much support within the cantonment for a full military takeover if the political parties continued to refuse to go along. (So) when push came to shove, the army did not really have too many options but to release (Sheikh) Hasina and Khaleda (Zia) and to start the long and painful process of unravelling all that had been wrought in the previous year and a half in an effort to bring both parties to the table. – Zafar Sobhan, 20081 Fragile! This aptly sums up the status of democracy in Bangladesh. The fact that elections to the Jatiya Sangsad (Parliament) due in January 2007 were delayed by almost two years underscores the serious and inherent problems facing Bangladesh—a young nation, just into its thirty-seventh year. During this time, not only did the electoral process remain suspended, but the country also remained in a state of internal emergency. Power has oscillated between the Awami League and the Bangladesh Nationalist Party (BNP) following the introduction of multi-party elections in February 1991, but even this has failed to move Bangladesh towards being a fully functional democracy. The introduction of a caretaker arrangement in 1996 strengthened electoral democracy in Bangladesh to some extent, but proved inadequate when the tenure of the four-party coalition headed by Prime Minister 1 Zafar Sobhan, ‘Back to square one’, Economic and Political Weekly, vol. 43(39) 27 September 2008, pp.8-9. 1 CARETAKING DEMOCRACY Khaleda Zia came to an end in October 2006, and the country almost plunged into civil war. Until elections to the Ninth Jatiya Sangsad were held on 29 December 2008, Bangladesh remained under a caretaker arrangement. For the first ten weeks after the coalition government completed its term President Iajuddin Ahmed concurrently headed the Caretaker Government as Chief Adviser. His inability to introduce electoral reforms as demanded by the opposition group further intensified the prevailing political tension. With the election date drawing close, the Awami League-led opposition was out in the streets in full strength leading to the outbreak of countrywide protests. A modicum of political stability in Bangladesh was, however, restored on 11 January 2007 when the noted economist Fakhruddin Ahmed was appointed as head of the Second Caretaker Government (CG).2 Under his leadership, Bangladesh navigated through its worst political crisis since 1991 and held free and fair elections in December 2008 (Annexure 1). The period between January 2007 and December 2008 proved to be critical for democracy in Bangladesh. The 23-month tenure of the CG far exceeded the 90-day limit mandated by the constitution. The constitutional propriety of a number of measures taken by the CG remains uncertain. Many of its ordinances were not ratified by the Ninth Jatiya Sangsad within the stipulated 30 days after it was constituted and hence their legality is questionable. Moreover, for the entire duration of the CG, Bangladesh remained under internal emergency with most fundamental rights suspended. There were severe restrictions upon political activities and the media remained censored. A number of prominent politicians, bureaucrats and members of the business community remained incarcerated. Despite these drawbacks, the CG headed by Fakhruddin introduced a number of political reforms, far reaching anti-corruption measures and strengthened key institutions in the country. 2 Unless otherwise mentioned, CG refers to the arrangement headed by Fakhruddin Ahmed as Chief Adviser between 12 January 2007 and 6 January 2009 when Sheikh Hasina took over as Prime Minister. 2 INTRODUCTION In pursuing its reform agenda, the CG enjoyed the unqualified support of the military. Normally such an active collaboration between the military and an unelected government would have been domestically unpopular. Internationally it would have led to condemnation and isolation of Bangladesh. This did not happen. Though unable to endorse the prolonged delay in holding elections, the international community did not isolate Dhaka over its transgression of democracy. Their faith in the CG was vindicated when the elections to the Ninth Jatiya Sangsad were held on 29 December 2008 [Annexure 2]. The elections were free, fair and transparent and enjoyed universal approval and endorsement. The tenure of the CG ended when the 14-party coalition headed by Sheikh Hasina secured a landslide victory to form the government on 6 January 2009. The CG headed by Fakhruddin posed a number of challenges for Bangladesh. First and foremost, its prolongation and extra- constitutional functioning were inevitable. In the past, political parties driven by bitter personal rivalry, often paralysed the Jatiya Sangsad. Much of the opposition activities were conducted outside the parliament. On its part, the government of the day treated the opposition as enemies. Over the years principal institutions such as the Election Commission and the Judiciary had been politicised, manipulated and denuded of their credibility. Democracy in Bangladesh urgently needed a course correction and hence the Bangladeshi public tacitly accepted the large- scale suspension of fundamental rights. For a country used to frequent street protests and stoppage of work, hartal (strike) politics took a long holiday and Bangladesh largely remained free of political violence. Unlike in the past the army showed a greater degree of maturity. It was aware of public anger and their disappointment with political leaders as well as the unpopularity of direct intervention. While the country needed far reaching reforms, the army viewed itself as the instrument of change.