Pathways to rewriting the Constitution
With 65% of Bangladeshis below 35 years of age, millennial and Gen Z voices have to be taken into account
The Yunus government today replaced Dr. Shadheen Malik with Dr. Ali Riaz as the chair of the Constitutional Reform Commission. Under the current provisions of the Constitution, this new commission cannot enact any changes to the text of the document. The power to amend the Constitution is explained by Article 142, which lays out the need for a two third majority in Parliament to change the text. Given that there is no parliament at the moment, no commission has the authority to change the Constitution. This can only be done with an elected parliament in place.
That being said, Bangladesh is at an extraordinary, exceptional and historic juncture. A political government has been overthrown by an unprecedented mass uprising. An interim government has been formed led by the country’s only Nobel laureate. Whether on the streets or online; the youth of Bangladesh have amply demonstrated their desire for a new social contract. So far, the interim government and the ‘powers that be’ have given ministerial posts in the cabinet to 2 coordinators of the Anti-Discrimination Student Movement. But with 65% of Bangladesh’s population under the age of 35, having only 2 Gen Z cabinet ministers is extremely under-representative.
Millennials and Gen Z constitute the bulk of the country’s population. There is zero millennial representation in the interim government. Millennials and Gen Z have a greater stake in the constitution-reform process than any other generation. This is about our future, our hopes and aspirations, our dreams, our families, our country. We know better and perhaps best than anyone what we want for our country’s future. We are a diverse, democratic, argumentative and competitive lot. We include the self-made, the inherited, the dynasts, the hard working, the easy going, and the visionaries.
There has to be consultation with millennial and Gen Z voices. Some have suggested following the Chilean model. Chile held the widest practicable engagement with its citizens through televised consultations across the country led by the country’s leftwing government. The Economist thinks Chile ended up adopting a far too leftwing constitution which may hinder the South American country’s booming economy.
In Bangladesh, there is a clash between Islamic and secular aspirations, while at the same time a yearning among the youth for a non-partisan social contract. At present, the Islamic forces clearly have the upper hand. The past 15 years of Sheikh Hasina’s rule has put human rights at the center of Bangladesh’s politics. Fundamental rights need to be protected, expanded and promoted.
Will Ali Riaz be capable of listening to the youth? Will his commission include millennial and Gen Z representation? Given that the Constitution is a legal document, what will be the scope for consulting non-traditional lawyers and legal researchers? I say this become some of Bangladesh’s best lawyers have either been obstructed in court rooms or, in the case of young lawyers, barred from court all together because of a controversial, corrupt and prolonged exam system introduced by the Bar Council. There needs to be lateral entry for people who have been studying the prospects for constitutional reform and bridging the divide between hope and reality.
The interim government cannot discard everyone from the past 15 years of Awami League rule, considering it was the Awami League which drove the founding the republic in 1971. Some may not like that, but they have to live with it. The Awami League itself needs to recognize its mistakes and aim for a fresh start. A new generation has to take up the mantle of the Awami League’s leadership. The League can perhaps resurrect its brand from the 1950s when it was strongly committed to both liberal democracy and social welfare policies.
I do hope the person widely seen as Bangladesh’s incoming PM Tarique Rahman does not become a Trojan horse. The BNP continues to be the dynastic fiefdom of the Zia family with token attention given to millennial and Gen Z aspirations. The Jatiya Party hardly exists anymore. The Jamaat has a lot of atoning to do for itself. Bangladesh’s media, intellectual and civil society leadership are also stuck in the past. Expect the fiercest resistance to constitutional reform to come from elements of civil society, who are bent on retaining socialist clauses.
All that being said, it is widely known that the commission has three potential routes for redrafting the Constitution. All these routes will depend on securing a democratic mandate from the people, either through a referendum or an elected Constituent Assembly. The three pathways are the following:-
The traditional pathway: the next parliament, which shall be the 13th parliament, will be elected in a regular general election. With a two third majority, the next parliament will amend the Constitution in line with Article 142. A potential referendum can be held to gain the public’s approval before changing the basic features of the Constitution. This pathway looks most likely at present. But will these changes go far enough? Will the “People’s Republic” be changed to just “Republic” or “Bangladeshi Republic” or “Sovereign State of Bangladesh”?
The hybrid pathway: Bangladesh can find its own unique way to renew its Constitution by preserving the document but convening a special parliament to discuss changes to the Constitution. This would be a parliament with a 1-2 year tenure which would be akin to a Constituent Assembly but preserves the sanctity of the Constitution. The public’s approval should be gained through a referendum once reforms have been planned and adopted by this special parliament. Political parties will have to nominate candidates for this special parliament, who will be elected at the polls. Given that the BNP has proposed an upper house of parliament, candidates for a special parliament can also be laterally appointed.
The new constitutional pathway: this can be the hardest route, with a Constituent Assembly elected to draft an entirely new constitution and usher in a second republic. There are many uncertainties about this pathway.
Given the extraordinary circumstances, it is worth considering the election of a special, interim parliament to bring sweeping changes to the Constitution. It would be akin to a Constituent Assembly but preserve the Constitution at the same time.
This article also appeared in the Dhaka Tribune.