July charter ratification by referendum during or before general election

General reforms not related to constitutional changes can immediately be executed by executive orders while the July National Charter has to be incorporated into the constitution by referendum on the national-election day or before.

The National Consensus Commission has made the recommendation in its reform report submitted Tuesday to the post-uprising government, after prolonged dialogues with political parties.

All the political parties earlier had reached consensus on holding a referendum as the commission and the parties agreed that the plebiscite is an essential condition to ensure participation of the people and take their consent.

Commission Vice-chair Prof Ali Riaz made the observations at a press conference at the Foreign Service Academy after handing over recommendation report to the head of interim government, Prof Muhammad Yunus.

"We have asked the government to hold a referendum on or before the next general election to the parliament. We have said this in writing. We have asked the government to immediately discuss this issue with the Election Commission and prepare an electoral schedule," he added.

Now, the interim government can implement immediately reforms that are not related to constitutional matters by ordinances. Many recommendations can also be implemented by government orders or office orders.

"The government should implement them quickly, as we recommended," he told the press.

Prof Riaz makes clear that there is no disagreement between the commission and the political parties on these two issues.

"In the recommendation, we've said that the government has two options to provide a legal basis for implementing the constitutional issues and to guide the path for implementation."

The commission has requested the government to immediately issue an order and arrange a referendum to implement the recommendations of the July Charter on constitutional reforms. One single question should be there in the referendum, that is, whether the people agree to implement the 48 constitutional reforms or not.

However, after issuing that order, the government will decide on the date of the referendum, according to Prof Riaz.

"The recommendation states that the next 13th Parliament will be effective simultaneously as the Constitution Reform Council and the National Parliament. However, the Constitution Reform Council will be effective for 270 days.

"During this period, the members of the Constitution Reform Council will make the necessary rules and regulations, necessary amendments, additions, deletions, changes to incorporate the issues mentioned in the National Charter into the constitution," he said.

If the Constitution Reform Council cannot fulfill its responsibilities regarding their implementation within 270 days, then the bill passed in the referendum will automatically replace the relevant articles of the constitution, he added.

After fulfilling its duties for 270 days, the constituent council will complete its activities. The Members of Parliament will be the members of the Constitution Reform Council, too.

The commission also proposes that the members of the National Parliament will take oath as Members of Parliament and as members of the Constitution Reform Council separately. And, the Constitutional Reform Council will create its own rules of procedure.

Meanwhile, the commission said that if the people agree to establish the upper house with 100 members according to the number of votes, it will be implemented within 45 days of the establishment of the National Parliament through necessary amendments.

Earlier, the national charter was ceremonially signed on October 17. However, there was no recommendation on the implementation method.

On the other hand, the political parties remained divided on the date of the referendum and some other issues in the charter.

Major political parties stand apart in their opinions.

In an immediate reaction, BNP standing committee member and former minister Amir Khasru Mahmud Chowdhury said his party's stance on the referendum remained unchanged as they want the referendum simultaneously on the election day.

Bangladesh Jamaat-e-Islami Secretary-General Mia Golam Parwar at a rally in the city on the day demanded that the referendum must be held by November.

National Citizens Party (NCP) Convener Nahid Islam at an event outside Dhaka said Tuesday they will sign only after a constitutional order is issued on the implementation of the charter.

nsrafsanju@gmail.com