| Bangladesh: Integrity Scorecard Report > Sub-Category: Election Integrity | ||
| Indicators | Score | |
| 17 | In law, is there an election monitoring agency or set of election monitoring agencies/entities? | 100 |
| 18 | Is the election monitoring agency effective? | 60 |
| 19 | Are elections systems transparent and effective? | 79 |
Indicator and sub-Indicator Details
| 17 | In law, is there an election monitoring agency or set of election monitoring agencies/entities? | |||||||
| 17: In law, is there an election monitoring agency or set of election monitoring agencies/entities? | ||||||||
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Comments: The Election Commission is the only independent constitutional body with the mandate of holding election at different tiers. References: Bangladesh Election Commission [ LINK ]
Peer Review Comments: Domestic and international observers monitor the elections as per a guideline prepared by the Election Commission. In 2001, an amendment to the Representation of People's Order made the poll monitors an integral part of the elections.
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| 18 | Is the election monitoring agency effective? | |||||||
| 18a: In law, the agency or set of agencies/entities is protected from political interference. | ||||||||
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Comments: The Election Commission is an independent constitutional body formed in accordance with article 118 of the constition. Article 126 of the constitution and Articles 4 and 5 of the Representation of the People Order provide that it shall be the duty of all executive authorities to assist the Election Commission in the discharge of its functions. The Commission has the power to require any person or authority to perform such functions or render such assistance for the purpose of election. For more datails please visit the website of Bangladesh Election Commission, [ LINK ] References: Arts. 118, 119, 58 B, of the Constitution [ LINK ] Arts. 3, 3A, 4, 5 of the Representation of the People Order, 1972, www.ecs.gov.bd/handbook/RPO%201972.pdf
Peer Review Comments: At least in paper, the election commission say the polls observers would not be activits or supporters of any political parties. But in the 2001 elections, there had been allegations that huge number of political activists were deployed by a certain political party to monitor the elections.
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| 18b: In practice, agency (or set of agencies/entities) appointments are made that support the independence of the agency. | ||||||||
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Comments: The Election Commission has the authority to appoint a returning officer and assistant returning officer among government officials and withdraw any officer during elections (Aticle 7 of The Representation of the People's Order, 1972). But the Election Commission has to depend on the Public Service Commission for recruitment of its first class officers. Again, promotion depends on partisan identity, and the EC does not have the authority to change the approved organogram without the concurrence of the Ministry of Finance and the Ministry of Establishment. Appointment of the chief election commissionner and election commissionners depend on the commitment to the ruling party. (Transparency International Bangladesh, Working Paper on Bangladesh Election Commission, p-83). The CEC and ECs have been appointed by the president. References: Transparency International Bangladesh, Working Paper on Bangladesh Election Commission, p-82-83, Nov. 6, 2006 Daily Star Jan. 17, 2000 The Representation of the People's Order, 1972, Article 7
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| 18c: In practice, the agency or set of agencies/entities has a professional, full-time staff. | ||||||||
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Comments: Transparency International Bangladesh conducted a study on " Bangladesh Election Commission", which was published on Nov. 6, 2006. The study revealed that 705 out of 2,423 positions were vacant. (source: Election Commission's Monthly Report, Aug. 10, 2006 & Transparency International Bangladesh, Working Paper on Bangladesh Election Commission, Nov. 6, 2006, p-26). References: Bangladesh Election Commission [ LINK ] Transparency International Bangladesh, Working Paper on Bangladesh Election Commission, Nov. 6, 2006, p-26.
Peer Review Comments: The Election Commission officials, some of whom also supervise the elections as per the resposibility entrusted in them, are trained in the election traning center run by the Bangladesh Election Commission. But the private poll obvservers are not always given proper training. Many NGOs deploy poll monitors without first judging their ability.
Peer Review Comments: Many officials of the Election Commission Secretariat are deputed from the government.
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| 18d: In practice, the agency or set of agencies/entities makes timely, publicly available reports following an election cycle. | ||||||||
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Comments: References: Election Commission Secretariat, Bangladesh [ LINK ]
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| 18e: In practice, when necessary, the agency or set of agencies/entities imposes penalties on offenders. | ||||||||
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Comments: There were many violations of the code of conduct and rule & regulations in the elections in Bangladesh, including the failure to submit the return of election expenses by the candidates, using more than one microphone, printing multi-colored posters, installing monuments etc, but there has not been any example of punishment against those who violated the rules. For example, in the 8th parliamentary election in 2001, 1,921 candidates took part, and among them only 435 submitted the statements of expenses within due time. The Election Commission did not take any action against those who did not submit the statements. Two departmental actions have been taken against two civil surgeons, Dr. A K M Ruhul Amin and Dr. Mazharul Alam, during the Gazipur-2 by-election in 2001 for violating the electoral code of conduct. Upon complaints, the Election Commission sent the issue to the Electoral Inquiry Committe, which recommended that action be taken against them (source: Daily Jai Jai Din, June 10, 2006, Transparency International Bangladesh, Nov. 6, 2006) In the 8th parliamentary elections, allegations of violation of the code of conduct were made against over 600 candidates, but the Electon Commission's role was limited only to giving warnings, although such violations should have resulted in fines of 20,000 taka (US$291) and imprisonment of two to seven years, if proven guilty. References: Daily Ittefaq, (available only in Bengali) April 24, 2006; Daily Jai Jai Din, June 10, 2006; Daily Jugantor, July 23, 2005; Transparency International Bangladesh, A Working Paper on Bangladesh Election Commission, p-64 & 94, Nov. 6, 2006
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| 19 | Are elections systems transparent and effective? | |||||||
| 19a: In practice, there is a clear and transparent system of voter registration. | ||||||||
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Comments: The preparation of electoral rolls of 2006 created serious concerns and raised a lot of criticisms like signature or fingerprint given by others, many voters being out of the registration process, voter listing being done by party worker, inclusion of fake voters, and so on from political parties, civil society, international agencies, media and common people. In early January 2007, the Awami League-led 14 party alliance announced the boycott the elections claiming different irregularities. The present caretaker government and Election Commission of Bangladesh are committed to develop a transparent voter registration system and prepare a clear and transparent voter list. References: Transparency International Bangladesh, Working paper on Bangladesh Election Commission. Nov. 6, 2006, Digitised Voter Listing Begins in RCC Today, The Daily Star, Bangladesh, Saturday, Aug. 11, 2007, [ LINK ] Voter Registration Begins in Rajshahi, e-mela.com, Bangladesh, Sunday, Aug. 12, 2007, [ LINK ] EC Can Draw Voter List without Photo, Shakhawat Liton, Bangladesh, Monday, Aug. 13, 2007, [ LINK ] Mahfuz Anam, editor of the Daily Star, 'Voters' List Is Too Important for One Person To Decide', Daily Star, Oct. 28, 2005; Statement of former chief Election Commissioner, M A Aziz, on July 13, 2006 later published in different national dailies; Justice Naimuddin Ahmed, The Daily Star, June 14, 2006. United States Institute of Peace The Future of Democracy of Bangladesh, [ LINK ]
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| 19b: In law, election results can be contested through the judicial system. | ||||||||
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Comments: No election shall be called in question except by an election petition presented by a candidate for that election. An election petition should be presented to the Election Commission within 45 days after the publication in the official gazette of the name of the candidate. Then the Election Commission (EC) makes arrangement for submission of the election petition to the concerned election tribunals, constituted for this purpose by the EC. The tribunal may (i) cancel the petion; (ii) cancel the election for the elected candidate and declare another contestant candidate as properly elected, or (iii) cancel the whole election. References: The Representation of the People Order, 1972, 49, 91A, www.ecs.gov.bd/handbook/RPO%201972.pdf
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| 19c: In practice, election results can be effectively appealed through the judicial system. | ||||||||
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Comments: It was found from a working paper on Bangladesh Election Commission conducted by Transparency International Bangladesh in 2006 that only 19 out of 31 election petitions were resolved between 1991 and 1995. After the 8th parliamentary election in 2001, 31 cases were filed with the High Court. Of these, 16 were dismissed due to either of reluctance of the petitioners to continue the cases or on grounds of lack of merits, one was rejected, one became legally ineffective, and 13 remain pending with the Appellate and High Court division. References: Transparency International Bangladesh, Working paper on Bangladesh Election Commission, Nov.6, 2006, p-55-56. The Daily Ittefaq, April 24, 2006
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| 19d: In practice, the military and security forces remain neutral during elections. | ||||||||
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Comments: The NORDEM report on Bangladesh parliament Election 2001 mentioned that in spite of irregularities in the pre-election period, the Election Day procedures were generally free, fair, and peaceful. Military forces proved to be well organized and handled the queues outside the polling booths satisfactorily. The police were most co-operative towards the observers. All security forces were heavily armed, but no one seemed to take any notice of that. A NAEM report on Election Day 2001 mentioned that the elections to the 8th parliament were held in a peaceful atmosphere throughout Bangladesh, barring only some isolated incidents. The NAEM report mentioned that as soon as the election-result was announced, the police administration changed its stance.(source: Media Alliance for Election Monitoring in Bangladesh (NAEM), 2001, NAEM's report on post election violence, Bangladesh Centre for Development, Journalism and Communication) References: The Norwegian Institute of Human Rights / Nordem, University of Oslo, A Working Paper on " BANGLADESH: PARLIAMENTARY ELECTIONS 2001", December 2001, [ LINK ] Bangladesh Center for Development, Journalism and Communication, 53 Central Road (2nd Floor), Dhanmondi, Dhaka 1205, Bangladesh, Phone: 880-2-8620539 Fax: 880-2-8616977, Email: bcdjc@citechco.net, Media Alliance for Election Monitoring in Bangladesh (NAEM), NAEM's report on post election violence, 2001, [ LINK ]
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| 19e: In law, domestic and international election observers are allowed to monitor elections. | ||||||||
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Comments: References: Art. 91C of The Representation of The People Order, 1972, www.ecs.gov.bd/handbook/RPO%201972.pdf Guidelines for Foreign Observer (2001) & Guidelines for National Observer (2001)
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| 19f: In practice, election observers are able to effectively monitor elections. | ||||||||
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Comments: References: Nordem Report by Tone K. Sissener, WORKING PAPER, 2001:20, BANGLADESH:PARLIAMENTARY ELECTIONS 2001, [ LINK ] Bangladesh Election Commission Secretariate, Observer's Report, [ LINK ]
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