TIB flags EC’s weakness in exercising constitutional duties and powers

Transparency International Bangladesh (TIB) Executive Director Dr Iftekharuzzaman has said the Election Commission is showing clear weakness in effectively exercising its constitutional duties and powers.

He made the comments on Sunday (8 February) while presenting a report titled “Referendum and the Pre-Election Situation: TIB’s Observations” at a press conference at TIB’s Dhanmondi office in the capital.

Dr Iftekharuzzaman said the EC has repeatedly failed to take a firm position in the face of pressure from political parties. Despite widespread breaches of the electoral code of conduct and irregularities across both online and offline platforms, the commission has been unable to take meaningful action.

He also observed that sections of the administration and law enforcement agencies have remained largely passive in ensuring a neutral and interference-free environment, describing incidents of harassment and intimidation of field-level data collectors as particularly alarming.

Expressing serious concern over the government’s role in the referendum, he said authorities had remained ambivalent from the beginning due to conflicting positions taken by influential political parties. Efforts to appease both sides, he added, led to the issuance of an ordinance that further blurred the purpose and scope of the referendum.

He said holding the election and referendum on the same day has unnecessarily complicated the process. As a major legal deviation, he pointed out that the EC is treating the referendum as equivalent to an “election”, even though under the Representation of the People Order (RPO), a referendum cannot be equated with an election since no votes are cast for any individual or constituency.

Dr Iftekharuzzaman further noted that although government employees legally come under the EC’s authority once the election schedule is announced, controversy arose when the government instructed them to campaign in support of the referendum. In his view, such a decision should have required prior approval from the EC.

He added that the commission, based on a misinterpretation of the law, has effectively remained inactive on the issue. He also raised serious concerns over directives imposed on various institutions, including banks and NGOs, as well as over the transparency of funding and expenditure related to the referendum.

Referring to the core aspirations of the July uprising, Dr Iftekharuzzaman said there is no alternative to ensuring the full independence of the judiciary and all state institutions to establish accountable democracy and good governance.

He urged citizens to firmly reject corruption and support state reforms in line with the July Charter.