Saying yes or no is inherently difficult because in Bangladesh Referendum as so many issues are bundled together.
The first paragraph on the ballot states: “The election-time caretaker government, the Election Commission, and other constitutional institutions will be formed in line with the process outlined in the July charter.”
It is followed by another paragraph that reads: “The next parliament will be bicameral. A 100-member upper house will be formed in proportion to the votes received by parties in the national parliamentary election. Approval from a majority of the upper house will be required to amend the constitution.”
Alongside normal parliamentary polls, on Thursday, Feb 12, Bangladesh is also going for a referendum essentially seeking people's mandate for electoral and other major political reforms.
The ballot itself briefly mentions a selection of proposals and presents them as a done deal. The government’s campaign, which is openly in favour of a “yes” vote, claims that a “yes” victory would defeat fascism and asserts that those who want reforms must vote yes, without clearly explaining the full process or all the measures contained in the July charter.
A "no” vote would effectively shut the door on the reform process, which has been described as a core mandate of the interim government.
The upcoming referendum is unique in the sense that voters will not be the final stop in the process.
Instead, if the referendum carries -- meaning the “yes” vote prevails -- it will set in motion a sequence of further steps.
In this referendum, voters will be asked whether they approve the July charter implementation order and a set of proposals presented as a summary of the 47 measures requiring constitutional amendment.
The implementation order outlines a series of steps, including the issuance of another order detailing the referendum, the formation of a constitutional reform council -- effectively another form of the entire parliament -- its deadline, its dissolution, and the formation of an upper chamber, among other measures.
The ordinance outlining the referendum has already been issued and provides the Election Commission with the legal framework to hold the vote, a step deemed necessary because the prevailing constitution does not contain any provision for referendums.
Under the order, the constitutional reform council will be able to pass July charter recommendations, which in effect amend the constitution, with a simple majority of the entire council -- 151 votes in a 300-member body. The council has a deadline of 180 working days to complete all reforms. However, there is no contingency. The order makes no provision for what happens if the council fails to meet the deadline or does not address all the July charter issues.
Once the council is dissolved, its decisions will be incorporated into the constitution and published as a gazette.
There is no way to predict what the final language of the constitution will look like, and voters will have no control over that outcome if they vote yes, says a report in 'Daily Star'.
Under the order, the constitutional reform council will be able to pass July charter recommendations, which in effect amend the constitution, with a simple majority of the entire council -- 151 votes in a 300-member body.
The council has a deadline of 180 working days to complete all reforms. However, there is no contingency. The order makes no provision for what happens if the council fails to meet the deadline or does not address all the July charter issues.
Ends
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