Rewriting constitution needed to prioritise human rights in Bangladesh: Ali Riaz

The existing constitution in Bangladesh has paved the way for a personality cult-based authoritarian system, according to Professor Ali Riaz of Illinois State University, USA.

Speaking at a public session held at the Professor RC Majumder Auditorium at Dhaka University on Saturday afternoon, he emphasised that rather than reforming or amending the current constitution, a complete rewrite is necessary to prioritise human rights and pro-democracy issues.

The event, organized by the non-political organisation Speak Bangladesh, was titled “Bangladeshi Constitution in Post-Mass Uprising: Amendment or Rewriting?”

Riaz argued that the current constitution has mechanisms that enable the creation of dictators, both de facto and constitutional. He outlined three main reasons why merely amending the constitution would be insufficient.

First, he pointed out that the prime minister holds excessive powers. In 1975, all power was initially concentrated in the president through the establishment of BAKSAL. However, during the transition from a presidential to a prime ministerial system, these powers were transferred to the prime minister, where they have remained unchecked, fostering autocracy.

Second, he criticised the Fifteenth Amendment, which designates one-third of the Constitution as “basic structures” that can never be altered. He referred to this as the “Eternity Clause,” arguing that no parliament should have the authority to make such provisions permanent, as elected officials are only mandated to serve for a fixed period, even in a fair voting system.

Third, he emphasised that no meaningful balance of power can be achieved by simply tweaking the existing framework, as the Constitution inherently consolidates power.

Despite these criticisms, Professor Riaz expressed optimism that the constitution could be rewritten in a way that upholds policies consistent with human rights and democracy. He suggested that the principles of “equality, human dignity, and social justice,” as outlined in the 1971 Declaration of Independence, should serve as the foundation for any new political solution.