Thursday, January 10, 2008

Government and Politics

THE QUEST FOR REPRESENTATIVE government has been an important feature of the history of Bangladesh. The independence struggle of the eastern Bengali peoples against the British, partition from India in 1947, and secession from Pakistan in 1971 set the stage for the people of Bangladesh to create a democratic political system. The Constitution, as it was initially promulgated in 1972, embodied the democratic yearnings of the long struggle for independence and guaranteed human rights and political freedoms within a system of checks and balances similar to those existing in the British and United States governments. But later events ended these hopes. Sheikh Mujibur Rahman (Mujib), hero of the 1971 war of independence, amended the Constitution and assumed dictatorial powers. His successors, most of whom were military men who seized power during various times of trouble, also ruled through autocratic means. As a result, successive regimes established single-party systems representing military interests, with the leader wielding almost absolute power.

Yet the struggle for democracy was still alive in Bangladesh as of the late 1980s. The single-party system of the 1970s and 1980s was unable to satisfy the varied political movements and interest groups of the nation. Opposition parties--although they represented conflicting views and were as unwilling as the ruling regime to share power--remained a vital force that commanded the loyalties of a large proportion of the population.

Socialist and communist parties, centrist parties representing the policies of defunct regimes, and conservative Islamic parties-- each with a completely different vision of the path that Bangladesh should follow but united in their opposition to the rule of President Hussain Muhammad Ershad--all vied for power in the late 1980s. Their refusal to participate in parliamentary politics under Ershad, who had seized power in 1982, relegated the opposition to illegal activities and demonstrations on campuses and in the streets that periodically brought economic life to a standstill in urban areas. The ineffectiveness and confrontational position of the opposition only strengthened the regime's hold over Parliament and the civil service and allowed the military to continue its strong autocratic rule.

Remarkably, the policies of Bangladesh's autocratic military rulers have been characterized by a commitment to democratic ideals and an adherence to the Constitution. Ershad seized power in the name of the Constitution, and he sought to legitimize his position by claiming that he brought stability to the country in order to guarantee democratic freedom. One of Ershad's most significant moves toward democracy was the establishment of a system of local elections that allowed voters to choose members of local representative councils. In the short term, this democratic reform allowed local elites to control government patronage, and it also made them docile supporters of the regime. Nevertheless, by the late 1980s the local councils had become training grounds for new political leaders and forums for democratic competition throughout the nation.

Bangladesh has pursued a neutralist policy in international relations in a continuing effort to secure economic aid from every possible foreign source. Bangladesh in 1988 was one of the few countries in the world on good terms with both the United States and the Soviet Union and their allies and with China, the Islamic world, and most Third World nations. Bangladesh has played an active role in the United Nations (UN), the Nonaligned Movement, and other international groupings, and it was the driving force behind the establishment of the South Asian Association for Regional Cooperation, which offered promise for economic cooperation. Bangladesh was neutral, but it was forceful on a number of international issues. The Cambodian, Palestinian, and South African issues have elicited strong stands from Dhaka, and complicated bilateral problems with India have invoked intense displays of hostility and national pride among Bangladeshis in the years since independence.

STRUCTURE OF GOVERNMENT

Constitution

The Constitution of Bangladesh has formed the basis for the nation's political organization since it was adopted on November 4, 1972. Many abrupt political changes have caused suspension of the Constitution and have led to amendments in almost every section, including the total revision of some major provisions. It is notable, however, that every regime that came to power since 1972 has couched major administrative changes in terms of the Constitution and has attempted to legitimize changes by legally amending this basic document.

According to the Constitution, the state has a positive role to play in reorganizing society in order to create a free and equal citizenry and provide for the welfare of all. The government is required to ensure food, shelter, clothing, medical care, education, work, and social security for the people. The government must also build socialism by implementing programs to "remove social and economic inequality" and "ensure the equitable distribution of wealth among citizens." These far-reaching goals represented the viewpoints of many members of the 1972 Constituent Assembly and the early Awami League (People's League) government, who were deeply influenced by socialist ideology. Another sector of public opinion, however, has always viewed private property and private enterprise as the heart of social and economic development. This viewpoint is also part of the constitutional principles of state policy, which equally recognize state, cooperative, and private forms of ownership. The Constitution thus mandates a high degree of state involvement in the establishment of socialism, although it explicitly preserves a private property system. In practice, the Constitution has supported a wide range of government policies, ranging from those of the nationalized, interventionist state of Mujib's time to the increasing deregulation and reliance on market forces under presidents Ziaur Rahman (Zia) and Ershad.

The framers of the Constitution, after emerging from a period of intense repression under Pakistan, took great pains to outline the fundamental rights of citizens even before describing the government's structure. According to the section on fundamental rights, all men and women are equal before the law, without discrimination based on religion, race, caste, sex, or place of birth. The Constitution also guarantees the right to assemble, hold public meetings, and form unions. Freedom of speech and of the press are ensured. Persons who have been arrested must be informed of the charges made against them, and they must be brought before a magistrate within twenty-four hours. The Constitution, however, adds that these guarantees are subject to "any reasonable restrictions imposed by law," leaving open the possibility of an administrative decision to revoke fundamental rights. Furthermore, there is a provision for "preventive detention" of up to six months. Those being held under preventive detention do not have the right to know the charges made against them, nor to appear before a magistrate, and a legal advisory board may extend this form of detention after seeing the detainee. The Constitution does not define the circumstances or the level of authority necessary for the revocation of constitutional guarantees or for the enforcement of preventive detention. During the many occasions of civil disorder or public protest that have marked Bangladeshi political life, the incumbent administration has often found it useful to suspend rights or jail opponents without trial in accordance with the Constitution.

The Islamic religion was the driving force behind the creation of Pakistan, and it has remained an important component of Bangladeshi ideology. The Constitution as originally framed in 1972 explicitly described the government of Bangladesh as "secular," but in 1977 an executive proclamation made three changes in wording that did away with this legacy. The proclamation deleted "secular" and inserted a phrase stating that a fundamental state principle is "absolute trust and faith in the Almighty Allah." The phrase bismillah ar rahman ar rahim (in the name of Allah, the beneficent, the merciful) was inserted before the preamble of the Constitution. Another clause states that the government should "preserve and strengthen fraternal relations among Muslim countries based on Islamic solidarity." These changes in terminology reflected an overt state policy aimed at strengthening Islamic culture and religious institutions as central symbols of nationalism and at reinforcing international ties with other Islamic nations, including wealthy Arab oil-producing countries. Domestically, state support for Islam, including recognition of Islam as the state religion in the Eighth Amendment to the Constitution in June 1988, has not led to official persecution of other religions. Despite agitation by Jamaat e Islami (Congregation of Islam) and other conservative parties, there was no official implementation of sharia (Islamic law) as of mid-1988.

The Constitution is patterned closely on the British and United States models inasmuch as it includes provisions for independent legislative, executive, and judicial branches of government. When it first came into effect, the Constitution established a Britishstyle executive, with a prime minister appointed from a parliamentary majority as the effective authority under a titular president. In 1975 the Fourth Amendment implemented "Mujibism" (named for Mujib), mandating a single national party and giving the president effective authority, subject to the advice of a prime minister. The later governments of Zia and Ershad preserved the powers of the presidency and strengthened the office of the chief executive through amendments and their personal control of the highest office in the land. Because of this concentration of power in individual leaders, the Bangladeshi Constitution gives much greater authority to the executive branch than does the United States Constitution. In fact, the legislature and the courts have few constitutional avenues for checking presidential power, while the executive has many tools for dominating the other branches of the government.

Legislature

The legislative branch of the government is a unicameral Parliament, or Jatiyo Sangsad (House of the People), which makes the laws for the nation. Members of Parliament, who must be at least twenty-five years old, are directly elected from territorial constituencies. Parliament sits for a maximum of five years, must meet at least twice a year, and must meet less than thirty days after election results are declared. The president calls Parliament into session. The assembly elects a speaker and a deputy speaker, who chair parliamentary activities. Parliament also appoints a standing committee, a special committee, a secretariat, and an ombudsman.

Parliament debates and votes on legislative bills. Decisions are decided by a majority vote of the 300 members, with the presiding officer abstaining from voting except to break a tie. A quorum is sixty members. If Parliament passes a nonmoney bill, it goes to the president; if he disapproves of the bill, he may return it to Parliament within fifteen days for renewed debate. If Parliament again passes the bill, it becomes law. If the president does not return a bill to Parliament within fifteen days, it automatically becomes law. All money bills require a presidential recommendation before they can be introduced for debate in Parliament. Parliament has the ability to reject the national budget or to delay implementation. It is therefore in the best interests of the executive as well as the entire nation that budgets submitted to Parliament should be designed to please the majority of its members. The legislature is thus a potentially powerful force for enacting laws over the objections of the president or for blocking presidential financial initiatives. In practice, however, because most members of Parliament have been affiliated with the president's party, the legislature has typically served the interests of the president.

The Bangladeshi and British parliaments have accommodated political parties in a similar manner. After elections, a single political party or a coalition of parties must form a government-- that is, they must form a block of votes within Parliament that guarantees the passage of bills they may introduce. Once a parliamentary majority is formed, the president chooses the majority leader as prime minister and appoints other members of the majority as cabinet ministers. Parliament can function for a full five-year term if a single party or coalition can continue to guarantee a majority. If, however, opposition members attract enough votes to block a bill, the president can dissolve Parliament and call for new elections. In order to prevent widespread bribing of members, or the constant defection of members from one party to another, the Constitution declares that party members who abstain, vote against their party, or absent themselves lose their seats immediately. In practice, whenever Parliament has been in session, a single party affiliated with the president has been able to command a solid majority.

Presidency

The president, who must be at least thirty-five years old, is directly elected by all voters for a five-year term, and according to the provisions of the Sixth Amendment (1981) he may be reelected. He is commander in chief of the armed forces, oversees the conduct of all foreign affairs, appoints the vice president for a five-year term, and has the power to convene and dissolve Parliament. The president also chooses cabinet ministers, who run the government bureaucracy; heads a secretariat that devises money bills for introduction into Parliament; and appoints the members of the Elections Commission, who supervise all aspects of elections. In addition, the president appoints, without the need for parliamentary approval, Supreme Court justices and lower court judges. Parliament, in turn, can only impeach the president with a two-thirds vote and can only remove the president from office because of malfeasance or illness with a vote of three-fourths of its members.

The president has a number of extraordinary constitutional means of wielding power and influence. In the case of a constitutionally defined "grave emergency" threatening "the security or economic life of Bangladesh," the president may issue a proclamation of emergency, which eliminates all restrictions on state power and the protection of fundamental rights. A state of emergency may last 120 days, or longer with Parliament's approval. If the president determines that "immediate action" is necessary, he may promulgate any ordinance he wants, as long as it is laid before Parliament for approval at its next session--that is, if it has not already been repealed. Added to the considerable power of being able to place persons in preventive detention, these are a potent array of powers controlled directly, and without means for external control, by the president. The Fifth Amendment (1979) allows the president to amend the Constitution, without action by Parliament, by conducting a general referendum allowing a majority of citizens to approve an amendment. Constitutional amendments approved by Parliament must be passed by a two-thirds majority.

The increase in executive power has been the most important trend in the development of the Bangladeshi Constitution. This increase has developed because, in practice, even the very large scope of presidential authority has proved insufficient to protect civilian governments from military coups or to provide military leaders with sufficient legitimacy to preserve their power. Thus Mujib established a constitutional dictatorship, and both Zia and Ershad ruled for extended periods as chief martial law administrators in order to consolidate their hold over the country and to safeguard their influence by increasing their executive powers. Through the extended periods when Parliament was suspended, proclamations of the president or the chief martial law administrator amended the Constitution, not only to strengthen the office of the president but also to legitimize presidential acts.

Council of Ministers

The president administers the country through the Council of Ministers--the cabinet--which is headed by the prime minister, a presidential appointee. Up to one-fifth of the members of the cabinet may be persons from outside Parliament, allowing experts to participate in the administration of the country, and the president may attract influential politicians to his party by offering them prestigious ministerial posts. The number of ministers in the cabinet has therefore varied over time, according to presidential political strategies. There were nineteen ministers in the 1982 cabinet of President Abdul Fazal Muhammad Ahsanuddin Chowdhury, but by mid-1988 Ershad had increased the number to twenty-eight. Variations in the number of ministries do not signify the creation or cancelation of government programs but simply the reclassification of government services. For example, in 1982 finance and planning programs were administered by a single ministry with two divisions, but in 1988 a separate ministry was created for each. In addition to changes in the status of various governmental divisions, discontinuities have occurred when the president has periodically dismissed ministers or moved them to different ministries. In the midst of this flux, administrative continuity is provided by the secretariats of the various ministries and regions, staffed by senior members of the Bangladesh Civil Service. Ministerial secretaries have often wielded a great deal of power because they are experienced and have numerous personal contacts in their fields, whereas ministers are typically professional politicians who hold office only for a short time.

Judiciary

The government operates courts in the regions, districts, and subdistricts that make up the local administrative system. The judges in these courts are appointed by the president through the Ministry of Law and Justice or the Ministry of Home Affairs. Most cases heard by the court system originate at the district level, although the newer subdistrict courts experienced an increased caseload in the late 1980s. Upon appeal, cases may go up to the Supreme Court, but litigation may be very slow; in 1987 there were 29 Supreme Court judges dealing with 21,600 pending cases. The Supreme Court, as of June 1988, had permanent benches--called the High Court Division-- in Dhaka, Comilla, Rangpur, Barisal, Sylhet, Chittagong, and Jessore. It hears appeals from district courts and may also judge original cases. The Appellate Division of the Supreme Court in Dhaka reviews appeals of judgment by the High Court Division. The judges of both divisions are appointed by the president.

At the grass-roots level, the judicial system begins with village courts. An aggreived party may make an official petition, which requires a fee, to the chairman of the union council (the administrative division above the village), who may call a session of the village court with himself as chairman and two other judges nominated by each of the parties to the dispute. The parties may question the impartiality of the chairman and have him replaced. The majority of cases end at the village court level, which is inexpensive and which hands down judgments that reflect local opinion and power alignments. There are occasions, however, when the union council chairman may reject an official petition to constitute a village court or when one party desires a higher opinion. In these cases, the dispute goes to a government court at the subdistrict level. Cases may wind their way up from district courts to permanent benches of the High Court Division. Once cases leave the village courts, they become expensive affairs that may last for years, and few citizens have the financial resources to fund a lengthy court battle.

Rapid political changes in independent Bangladesh have compromised the court system. The Constitution originally stated that the president could remove members of the Supreme Court only if two-thirds of Parliament approved, but the Proclamation (Amendment) Order of 1977 included a clause that eliminated the need for parliamentary involvement. The clause set up the Supreme Judicial Council, consisting of the chief justice and the next two senior judges. The council may determine that a judge is not "capable of properly performing the functions of his office" or is "guilty of gross misconduct." On their advice, the president may remove any judge. In addition, executive action has completely eliminated judicial authority for long periods. For example, under martial law regulations enacted in 1982, the Supreme Court lost jurisdiction over the protection of fundamental rights, and all courts operated under provisions of law promulgated by the chief martial law administrator; special and summary martial law courts handed down judgments that were not subject to review by the Supreme Court or any other court. Furthermore, the Fifth Amendment and the Seventh Amendment placed martial law proclamations and judgments outside the review of the court system. In these ways, the courts have been forced to serve the interests of the ruling regime, rather than standing as an independent branch of government.

Civil Service

The implementation of government policies and projects is the duty of the Bangladesh Civil Service, a corps of trained administrators who form the nation's most influential group of civilians. The importance of the bureaucracy dates back to the colonial period, when the Indian Civil Service provided an elite, educated, and dedicated body of professional administrators. After the partition of India in 1947, when almost all administrative organs had to be created afresh, both East Pakistan and West Pakistan heavily relied on the managerial expertise of professional managers from the old Indian Civil Service. When Bangladesh became independent in 1971, the members of the civil service who joined the new nation brought with them the heritage of the colonial system. This heritage included administrative competence, which proved invaluable in running a young Bangladesh, and an expectation by the elite of benefits and power.

In mid-1988 the civil service was composed of twenty-eight separate services. There were twenty grades, with promotion to higher grades based on merit and seniority, dependent on annual confidential reports filed by the individuals' supervisors. Recruitment to the civil service occurred through open competition within a quota system. Forty percent of all new positions were allotted on the basis of merit; 30 percent were reserved for former freedom fighters (Mukti Bahini), and 20 percent were allotted to women. The quotas were distributed among districts on the basis of population. Eligibility depended on an entrance examination, which included English, Bangla, and mathematics sections, plus a personal interview. The Public Services Commission, as mandated by the Constitution, conducted the examinations for the civil service. The recruitment system attempted to eliminate the entrenched power of the old elites and to decrease the bias that favored candidates from wealthy, urban families. Although in the late 1980s it appeared that the new rules for recruitment and promotion might widen the backgrounds of civil service personnel and their supervisors, the older, senior members of the service continued to dominate the administration.

Since independence, membership in the civil service has been one of the most desirable careers in the country. For senior civil servants, benefits included government housing at a standard rate of 7.5 percent of base salary, transportation, medical care, and a pension. Equally important were the prestige and influence that accompanied an administrative career. For example, there was great power in directing a division of a ministerial secretariat in Dhaka, or one of its attached departments, subordinate offices, or autonomous bodies. Positions in the countryside were less popular, but the long tradition of bureaucratic elitism and subservience to government officials made the local administrator of the civil service an influential person in the community. In the late 1980s, the centralization of power and influence within the civil service remained one of the prime targets of administrative changes designed to decentralize politics and economic development throughout Bangladesh.