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Reform dialogue: Consensus reached on curbing abuse of emergency promulgation

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Political parties on Sunday reached a consensus over a proposal to change the emergency promulgation provision of the Constitution in a bid to prevent its misuse, according to a participant.

The agreement came on the 12th day of the second-round reform dialogue of the National Consensus Commission with the political parties at the Foreign Service Academy in Dhaka, UNB reports. 

“A consensus has been reached on the emergency promulgation issue today,” Saiful Huq, general secretary of Revolutionary Workers Party of Bangladesh (RWPB) told UNB after emerging from the discussion.

The Article 141(A) of the Constitution currently states that If the President is satisfied that a grave emergency exists in which the security or economic life of Bangladesh, or any part thereof, is threatened by war or external aggression or internal disturbance, he may issue a Proclamation of Emergency [for one hundred twenty days]. But provided that such Proclamation shall require for its validity the prior countersignature of the Prime Minister.

According to the new proposal, the Proclamation of Emergency can be issued for 90 days and ‘internal disturbance’ will be replaced by the threats towards independence, sovereignty and integration of the State.

But such Proclamation shall require for its validity the prior approval of the Cabinet.

The leader of the opposition, or in his/her absence, the deputy leader of the opposition shall be invited to the Cabinet meeting to be held to endorse the decision to declare the emergency, said the proposal.

The state of emergency can be extended for 30 days after the first 90 days, said Abul Hasan Rubel, executive coordinator of Ganasamhati Andolon, who also attended the meeting.

During the emergency, two rights of any citizen shall not be undermined. These are – right to life: and right to protection from persecution, cruel, inhumane or defamatory behaviour or punishment.

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