September 2023: In the crosshairs of US visa restrictions

Former Prime Minister Sheikh Hasina could not be stopped through visa restrictions and sanctions, ruling Awami League General Secretary Obaidul Quader boasted in a party rally on 26 September, just four days after the US started imposing visa restrictions on individuals responsible for undermining democratic elections in Bangladesh.

Quader, also a cabinet minister in the Hasina government, told the army of his party gathered at the rally, "No one paid heed to sanctions. Venezuela, Gabon, Sudan did not listen. Many first-world countries also did not follow UN sanctions."

Just a day after the US started imposing visa restrictions, former Prime Minister Hasina, in New York, set the tone of her party and administration to counter it, as she portrayed the diplomatic push for holding credible parliamentary polls as an attempt from outside to thwart the next elections.

Since then, all the ministers and ruling party leaders had been singing the same tune to strengthen the counter-narrative. On previous occasions, she also did the same job of setting the tune. However, that did not change the reality on the ground.

The European Union (EU) Parliament's resolution expressing concerns on human rights in Bangladesh, the EU's decision not to send a full team of observers during the next election, and the beginning of the imposition of visa restrictions by the US on Bangladeshis appeared to be major political shocks in foreign policy in recent months for former Prime Minister Sheikh Hasina and her government.

Usually, shocks, whether political or economic, created incentives for political parties to strategically promise policies to offset the effects. But the immediate reactions of Hasina and her colleagues in the cabinet to the shocks clearly indicated that they remained rigid on the strategy of denial, portraying the global diplomatic push for a credible election as a "conspiracy" against Bangladesh and her government.

Some political analysts thought that if their reactions exposed their weakness, the party activists and the administration they were running might feel nervous about going ahead with the ruling party's strategy for holding the next polls while staying in power, citing the current constitutional provision. Therefore, a counteroffensive appeared to be the best policy to keep the army of the party and administration morally boosted.

As part of Western countries' diplomatic push for a free and fair election slated to be held early the following year, Washington imposed the first batch of visa restrictions, and the EU, known as a supranational organization, decided not to send a full-fledged observer mission, as it did not see the atmosphere as conducive to a credible election. Its parliament passed a resolution expressing concerns over the human rights situation in Bangladesh.

The reactions of the government and the ruling Awami League, however, suggested that the ruling party would not make any concessions to its political strategy for holding the next polls in line with the present constitutional timeframe, regardless of a potential boycott by the BNP and other opposition parties, as they had done in 2014.

The Election Commission seemed in a hurry to hold the election within the timeframe stipulated in the constitution, regardless of its quality. It was preparing for a "free and fair election," even sensing that the opposition BNP might not join the polls to be held under the Awami League-led government, according to a report by the major daily Samakal published on 21 September.

Two other national dailies, Prothom Alo and The Business Standard, ran almost similar reports on 25 September, stating that the EC had geared up for preparations to hold the polls by early January, despite the fact that a political atmosphere conducive to a credible election did not exist.

In September of the previous year, the EC had identified some major tasks in its roadmap for holding a free, fair, and participatory election, with earning the confidence of all political parties being at the top of the list. One year later, the commission itself admitted that the EC was going through "a crisis" and a "challenging" situation.

On 13 September, Chief Election Commissioner (CEC) Kazi Habibul Awal had said, "We are in a challenging situation, dealing with various crises. We have consistently called for dialogues. Unfortunately, the prevailing political climate has made it difficult for parties to engage in meaningful discussions with each other. The commission alone cannot resolve this problem."

However, his colleague, Election Commissioner Md Alamgir, on 26 September, told the media that the next national election should be held by 29 January, in accordance with the constitution, to avert a potential situation akin to anarchy in the country.

"The election must take place by 29 January, by any means necessary. Failure to do so would create a constitutional gap leading to a state of anarchy, which the Election Commission cannot allow," he said in response to a question from reporters about whether they thought the political atmosphere was conducive enough to make the election free and fair.

The EC might have forgotten that the 2008 election, which was considered the best parliamentary poll in Bangladesh, was held around two years after the timeframe stipulated in the constitution. Later, the Supreme Court condoned the delay on the grounds of "doctrine of necessity."

As of then, there was no prospect of dialogue between the ruling and opposition parties to resolve the political crisis. In May and June, both the ruling and opposition parties had spoken about dialogue in line with their political stances. The ruling Awami League denied holding dialogue with the BNP, labeling it a party of "killers." On the other hand, the BNP kept saying that Hasina must resign first for any fruitful talks.

The opposition BNP and its allies still could not build much pressure on the government to press home their demand for the installation of an election-time non-partisan caretaker government.

Just three months away from the polls, the political situation, however, remained peaceful and calm, which was unusual compared to previous instances of the opposition's anti-government agitation. But people still feared political turmoil in October and November.

This time, however, the global diplomatic push ran high, which had never been seen in previous political standoffs over the mode of the election-time government. Only China and Russia were exceptional, as they publicly extended support to the current government and denounced the Western countries' push for a free and fair election in Bangladesh. Chinese Ambassador to Bangladesh Yao Wen, on 25 September, reiterated his country's stance. "China supports Bangladesh in safeguarding national sovereignty, independence, and territorial integrity and in opposing external interference so that the country can maintain domestic unity and stability and achieve development and revitalization," said the ambassador, who was speaking at a reception marking the 74th anniversary of the founding of the People's Republic of China. Home Minister Asaduzzaman Khan joined as the chief guest.

To fight the mounting external pressure, former Prime Minister Sheikh Hasina and her colleagues in the cabinet and the ruling party had been strengthening the counter-narrative, mostly based on "alternative facts," which they made a way of their lives.

In their eyes, the facts the US and EU reviewed before making their latest two major decisions held no ground. They said they did not bother about the Western countries' and rights bodies' outcry over the poor state of democracy and the human rights situation in Bangladesh. In their view, there was no political crisis in the country over the next election, and they frequently stated that the election would be held as per the present constitutional provision and that no one could foil it. The way they built the counter-narrative was noteworthy for predicting the future course of action by the government ahead of the elections, just three months away.

The BNP and other opposition parties, however, kept saying that they would not join the election under the Hasina government and threatened to intensify street agitation, calling for her step down before the polls, to be held under a non-partisan caretaker government.

Bangladesh was at a crossroads again before the election. A free and fair election had become an urgent need for the country, its democracy, and its economy as well.

Visa restrictions: Would they work?

A few hours after the US announced that it had started applying the new visa policy and imposed the first batch of visa restrictions on members of law enforcement, the ruling party, and the political opposition, former Prime Minister Hasina, in her speech at the UN General Assembly on Friday, reiterated that Bangladesh would "continue to promote democracy and the rule of law as per its constitution."

In an oblique reference to the US and EU countries' concerns over the human rights situation in Bangladesh, Hasina said, "It needs to be ensured that the human rights issues are not politicised to put pressure on developing countries." Her claim to "continue to promote democracy and rule of law as per the constitution" was part of her continuing assertion that all elections held during the AL-led government were free and fair. On several occasions in the past, she also claimed that only her government had been able to set a high standard in holding elections.

"No election had been a questionable one during the tenure of our government. We've been able to establish a high standard in terms of elections. No controversial polls, like the 15 February 1996 election held during the BNP's tenure, had been held and would not be held during the Awami League's regime," she said in Parliament on 14 June 2023.

But the fact was that her party came to power twice through "controversial elections." In 2014, the then-government led by the AL manipulated the election, which was boycotted by the BNP and other opposition parties, ensuring the win of as many as 153 MPs uncontested. Though the BNP and other opposition parties participated in the 2018 election, the ruling AL won a landslide in the polls, allegedly "stuffing ballots" for AL candidates the previous night of polling day. In the last decade, elections to various local government bodies were also mired in alleged massive electoral irregularities by ruling party men.

Her other claim that "no controversial polls, like the 15 February 1996 election held during the BNP's tenure, had been held during the Awami League's regime" was factually incorrect.

Thus, her commitment to global leaders that "Bangladesh would continue to promote democracy and rule of law as per its constitution" sounded hollow in the political reality that had gradually prevailed since her party came to power in 2009. People's confidence in the election system had largely eroded, and nothing remarkable had been done to repair the damage.

In support of imposing visa restrictions on individuals "responsible for, or complicit in, undermining the democratic election process in Bangladesh," US Assistant Secretary at the Bureau of South and Central Asian Affairs, Donald Lu, said on Friday that they would not share the names of those who had received visa restrictions, citing that visa records, including individual visa denials, were confidential under US law.

"What I can say is that we have looked very closely at incidents since we announced this policy. After a careful review of the evidence, we have imposed visa restrictions on members of law enforcement, the ruling party, and the political opposition," said Donald Lu in an interview with The Daily Star.

"As we noted when we announced these new visa restrictions on Friday, they included both members of law enforcement, the ruling party, and the political opposition," he added.

On 25 September, the US Embassy Spokesperson Bryan Schiller, while responding to a question, told UNB that the US Department of State relied on extensive, well-resourced, and fact-checked case-by-case reviews of credible information about those undermining the democratic process in Bangladesh to determine whether to apply visa restrictions. The next day, US State Department Spokesperson Matthew Miller, during a regular briefing, said that the purpose of the visa restrictions was not to take sides in an election in Bangladesh but to ensure or support free, fair, and peaceful national elections in Bangladesh.

Thus, the US made it clear that it did not impose the restrictions abruptly, and more people could come under the purview of the visa policy. The US had announced the new visa policy for Bangladesh in May and started applying it as the country approached the election.

As the US did not make any names public, it was not possible to verify independently how the individuals on visa restrictions acted or were acting against the democratic election process in Bangladesh.

Former Prime Minister Hasina and party leaders became champions of defending the constitution, particularly when it came to the election-time government. This was because the constitutional provision introduced in 2011 by the then-AL-led government favored the ruling Awami League to stay in power during the parliamentary polls, as the provision for a non-partisan caretaker government was abolished by the 2011 amendment.

What she claimed in a press conference in New York, a few hours after her speech at the UN, was her old strategy to portray Western pressure for holding a free and fair election as interference in Bangladesh's internal affairs, and she even alleged that the latest visa restrictions were an attempt to thwart the election.

She said, "The Bangladesh people would not accept any move even taken from abroad to hamper the elections." She did not forget to reiterate her government's commitment to hold the next polls in a free and fair manner.

Former Prime Minister Sheikh Hasina and her party had been speaking against any alternative to the upcoming election under her government, as she said, "There is no scope now for anyone to grab power illegally in Bangladesh, and the violators have to face the music. If anyone comes to power, creating trouble and violating the constitution, then s/he will face punishment. It should not be forgotten."

Her claim was true regarding the extra-constitutional takeover of state power, as through the 2011 constitutional amendment, a new provision was introduced in the constitution making grabbing state power in an unconstitutional way a seditious offense. However, the way her party won the 2014 and 2018 elections and retained power did not conform to the fundamental principles of the state policies as stipulated in Article 11 of the country's supreme charter, which promises, "The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed." The poor state of democracy and human rights indicated that the fundamental principles of state policy were largely ignored in running Bangladesh.

After the US announced the visa policy for Bangladesh in May, she blasted the US in a press conference. On 3 June, Hasina said, "There is no need for any headache over who will give us a visa or not, or who will impose sanctions. It makes no difference if we don't travel 20 hours over the Atlantic by plane to go to America."

After the US started applying the visa policy restrictions, Hasina in New York said, "I have nothing to say if the Awami League is only targeted. But the Awami League doesn't come to power depending on anyone's strength. I assume power through the power of the people and their votes."

Her statement, "I assume power through the power of the people and their votes," was factually incorrect, as her party managed to win two controversial elections in 2014 and 2018, denying people the right to vote. She had been portraying Western efforts to ensure a free and fair election as an attempt to thwart the election. Pointing to those who said they would impose sanctions if an attempt was made to thwart the election, she said, "I would like to say that this attempt to thwart the election should not be made from outside the country as well." She added that if the election was spoiled from outside the country, the people of Bangladesh would also impose sanctions. "We would like to see that no attempt is made from outside the country as well," she said.

On 21 June, in a press conference, former Prime Minister Hasina, without taking any names, said she would not resort to selling any national assets or compromising the country's sovereignty to stay in power. "I don't want to return to power by leasing out St. Martin's Island."

Blaming the BNP for colluding with those seeking to seize St. Martin's Island as part of their plan to oust Hasina from power, she said, "The BNP came to power in 2001 by giving undertakings to sell gas. Now they want to sell the country. They want to come to power through an undertaking to sell St. Martin's."

On 27 June, the US Department of State rejected all allegations regarding taking over St. Martin's Island in Bangladesh. During a press conference, Matthew Miller, spokesperson for the US Department of State, asserted that the United States had never engaged in any discussions regarding taking control of St. Martin's Island or had any intention to do so.

This was not the first time such concerns surfaced centering on St. Martin's Island. Previously, in 2003, then-US Ambassador Mary Ann Peters ruled out media speculation that Washington was desperate to lease a military base from Dhaka to station its forces somewhere between the Far and Middle East. "The United States has no plans, no requirement, and no desire for a military base on St. Martin's Island, Chittagong, or anywhere else in Bangladesh," she said on 2 July 2003, while addressing a seminar titled 'Security of South Asia: A US Perspective' at the Bangladesh Institute of International and Strategic Studies (BIISS).

In a civic reception on 23 September in New York, former Prime Minister Hasina questioned whether the BNP really wanted to contest the election. "Actually, does the BNP want the election? How do they want the election?" She mentioned that BNP didn't get votes in the 2008 election and didn't participate in the 2014 election.

Her statement was factually incorrect. In the 2008 election, BNP bagged more than 32% of the popular votes cast in the polls. Her party got 48% of the votes. In the 1996 June election, BNP won 116 seats and appeared to be the single largest opposition party in Bangladesh, and in the 2001 polls, it alone won nearly two-thirds of the majority seats of parliament. After the fall of the autocratic ruler Ershad's regime, BNP, led by Khaleda Zia, won the 1991 election and formed the government.

A weak fact-checking practice by the media outlets and civil society, due to a deficiency in freedom of speech and press, appeared to be a blessing for politicians, particularly those in power. This had given birth to a culture of impunity, and people in power were rarely held accountable for their words and actions.

SINGING THE SAME TUNE

The day former Prime Minister Hasina was speaking on the new visa restrictions in New York, State Minister for Foreign Affairs Shahriar Alam, in his immediate reaction to the imposition of visa restrictions, said they had nothing to lose and were not worried about the visa restrictions, as they were doing nothing wrong.

Talking to reporters at his residence on Friday night, he also said there was no reason to see further sanctions from the US before the next elections, as the government had received adequate assurance from the US side. "Is there any such incident recently?" the State Minister asked reporters back as they kept asking about further sanctions.

The application of visa restrictions came around two years after the US imposed sanctions on Bangladesh's elite paramilitary force, the Rapid Action Battalion (RAB), as well as seven of its current and former officers due to serious human rights violations.

On 23 September, Awami League General Secretary Obaidul Quader said Awami League did not care about the visa policy and restrictions because it wanted free, impartial, and fair elections anyway. He also stressed the importance of former Prime Minister Sheikh Hasina's selfies with world leaders over any recent developments. "Everything in Bangladesh politics has already been decided by two selfies in the span of a week," Quader said, adding, "The selfies are causing BNP sleepless nights."

"Those who want to obstruct fair elections will be affected by the visa restriction policy," the Roads, Bridges, and Highways Minister told reporters that evening at Hazrat Shahjalal International Airport, after returning home from a routine health check-up at Mount Elizabeth Hospital in Singapore.

Quader, in a formal statement on 24 September, said no country's visa policy could have any influence on elections and democracy in Bangladesh.

On 23 September, Foreign Minister AK Abdul Momen, in an interview with Al Jazeera, said Bangladesh was not "bothered" by the US visa curbs on unnamed Dhaka officials for undermining the election process. "The US is a democracy, so are we."

The Dhaka Metropolitan Police (DMP), on 24 September, said that the recently implemented US visa policy would have no adverse effects on the members of the Bangladesh Police force or their duties.

"The police operate strictly within the bounds of the law, and the visa policy will not impede the fulfillment of their duties," DMP Spokesperson and Deputy Commissioner Faruk Hossain said during an interaction with reporters. "The US visa policy has been applied to certain law enforcement personnel, but we have not received a definitive list of those in it," the spokesperson added.

On 25 September, Inspector General of Police Chowdhury Abdullah Al-Mamun said the force would not face any image crisis due to the United States' new visa policy on Bangladesh. "I do not think it (US visa policy) will cause any harm to the image of the police," he said in response to questions from journalists after attending an event of the Tourist Police.

IGP Mamun would be leading the police force during the next parliamentary polls, as the government had extended his tenure by one and a half years in January, three days before his original retirement date. Current IGP Chowdhury Abdullah Al-Mamun and his predecessor, Benazir Ahmed, were among the senior officials facing US sanctions as ex-RAB officials, as the elite force was accused of alleged violation of human rights and extrajudicial killings. So, the current IGP, who had been facing sanctions since December 2021, had nothing to lose after the US started imposing visa restrictions.

The sweeping statements made by former Prime Minister Hasina, her party leaders, and top officials of law enforcement agencies were just a reflection of the grand strategy: "keep committing to hold free and fair elections," though the government's recent measures, such as the enactment of a new cyber security law, sentencing two eminent human rights activists to jail, and speeding up trials of political cases filed against senior BNP leaders, kept worsening the atmosphere for fair elections.

When all these triggered a global outcry as the UN, US, EU, and many other international human rights bodies strongly criticized the government's moves and questioned the independence of the judiciary, outgoing Chief Justice of Bangladesh Hasan Foez Siddique supported the ruling party's strategy of denial. "The country was not concerned over the US visa restrictions," he said on 25 September on his last working day. "We were not concerned by the United States' visa policy. I had never visited America, nor did I intend to do so in the future," he said.

He added, "Our nation achieved independence through sacrifices, not out of anyone's sympathy. Those who opposed it during our fight for independence continued to oppose it afterward."

Such comments from the head of the judiciary, which was constitutionally mandated to protect people's rights, exposed the fragile state of the judiciary's independence.

WHY EU DID NOT SEND A FULL TEAM OF OBSERVERS?

The European Union decided not to deploy a full election observer team to Bangladesh, citing a lack of "necessary conditions," prompting the opposition to declare that the polls would not be fair, according to media reports.

EU ambassador Charles Whiteley stated the bloc would not deploy a "fully-fledged" observer mission, according to a letter sent to Chief Election Commissioner (CEC) Kazi Habibul Awal on 20 September.

Whiteley mentioned that while the EU took budget constraints into account, the decision also "reflected the fact that, at the time, it was not sufficiently clear whether the necessary conditions would be met," without further elaboration, reports AFP. The EU added that it was "exploring other options to accompany the electoral process."

Bangladesh Election Commission Secretary Jahangir Alam said on 21 September that EU Ambassador Charles Whiteley indicated the bloc's decision not to send a "fully-fledged" observer mission was due to "budgetary reasons."

The main opposition Bangladesh Nationalist Party (BNP) welcomed the decision, saying the EU's stance highlighted that "there was no environment for elections" in the country.

Following the EU decision not to send a full team of election observers, BNP leaders welcomed the move, saying it proved that free and fair elections were not possible under the current government.

In response, several ministers publicly downplayed the importance of the EU election observation mission.

State Minister for Foreign Affairs Md Shahriar Alam stated that the European Union's decision not to send a full-fledged election observation mission would not affect the acceptability of the upcoming general election in Bangladesh.

Information and Broadcasting Minister and Awami League (AL) Joint General Secretary Dr. Hasan Mahmud commented that the national election would be held in a free, fair, and impartial manner, regardless of whether foreign observers attended.

"The election was ours. All elections, including the local government polls held so far, took place in a fair, free, and neutral manner. It didn't matter if someone observed our election or not. BNP would not be given the opportunity to destabilize the country over the election. The upcoming election would be held on time," Hasan said.

Ruling AL General Secretary Obaidul Quader, who had been abroad, joined the conversation after returning to Dhaka on 23 September. He mentioned that sending foreign observers was up to the observers themselves, as the Vienna Convention dictated the rules to send them.

The European Union (EU) decided not to send an election observation team to Bangladesh, as evaluations by experts suggested that the election would not meet international standards.

The EU communicated its decision to the Election Commission (EC) through a letter to the CEC on 20 September.

"Based on the recommendations of the exploratory mission — and taking into consideration the budget for EU Election Observation Missions for 2023/2024 — High Representative Josep Borrell decided not to deploy a fully-fledged EU Election Observation Mission," read the EU's letter sent to the CEC.

The European Commission spokesperson for foreign affairs and security policy, Nabila Massrali, conveyed this in response to a question on the French TV channel France 24. She gave the same response to Prothom Alo and The Business Standard in a written reply.

The EU did not reach this decision suddenly. It had sent a mission to Dhaka in July to assess the situation on the ground.

During the six-member delegation's two-week stay in Dhaka, they held multiple meetings with government and non-government bodies. Throughout these meetings, the delegation consistently asked about the risk of political violence.

The EU delegation also witnessed peaceful rallies, indicating that peace could be maintained with cooperation from major political players on the streets.

However, in the second week of the EU delegation's visit, the situation worsened. Violence started to creep in before escalating across the country.

Popular Youtuber Ashraful Alam, alias Hero Alom, who lost the Dhaka-17 by-polls to Awami League-nominated Mohammad A Arafat, was attacked on 17 July after visiting a polling center at Banani's Bidyaniketan School and College grounds.

The European Union mission was in the Gulshan area when the attack occurred.

The EU, along with the UN, the US, and 12 other countries, condemned the attack in a statement the following day, which annoyed the government, prompting it to summon ambassadors and accuse them of violating the Vienna Convention by issuing the statement.

Before this issue was resolved, on 18 July, violence erupted across the country as both the BNP and the AL took to the streets for their respective rallies.

The politics of confrontation led to scores of injuries and at least one death as the BNP clashed with police and AL members in at least nine districts, including Laxmipur, Bogura, Dhaka, Khagrachhari, Pirojpur, Feni, Joypurhat, and Kishoreganj, during the party's countrywide protest marches.

In the aftermath of those clashes, 22 cases were filed, accusing approximately 15,000 people across nine districts.

The EU mission left Dhaka during the last week of July, having witnessed the situation first-hand.

The situation further deteriorated in the following months, with the government remaining uncompromising. Sentencing human rights activists to jail and speeding up trials of cases against BNP leaders raised concerns about the government's use of the judiciary against its critics and opposition.

"Based on the recommendations of the exploratory mission — and considering the budget for EU Election Observation Missions for 2023/2024 — High Representative Josep Borrell decided not to deploy a fully-fledged EU Election Observation Mission," stated the EU letter sent to the CEC.

WHAT EC EXPECTED FROM THE EU

The Election Commission (EC) had hoped for the European Union's (EU) support in ensuring that the upcoming general elections would be free, fair, participatory, and credible, as Chief Election Commissioner (CEC) Kazi Habibul Awal expressed in a letter to the EU.

In response to the EU's letter, confirming it would not send a full-fledged observation mission for Bangladesh's upcoming national election, Awal assured the EU that the Election Commission would do everything possible to ensure the elections were free, fair, participatory, and credible.

"Nevertheless, observation by local and foreign observers could help add credibility to the fairness of the election, both domestically and internationally," he said in the letter dated 23 November.

"Be that as it may, I believe the European Union [EU] would continue to support, in whatever way deemed expedient, our efforts to make the general parliamentary elections free, fair, participatory, and credible," the letter added.

On the issue of the US visa restrictions, Election Commissioner Ahsan Habib commented, "It was a matter between the country that imposed them and its government. We had nothing to say here. We would conduct elections according to the constitution."

WHAT KIND OF POLLS DID THE EU EXPECT?

The EU did not send observers for the last two parliamentary elections held in 2014 and 2018 as it had found the atmosphere not conducive to free and fair elections. The credibility of both polls became mired in controversy, although former prime minister Sheikh Hasina and her party colleagues continued to claim that all elections held during the Awami League-led government were "free and fair."

Earlier, the EU, along with other international observer missions, suspended their activities on 11 January 2007, just 11 days before the then parliamentary polls scheduled for 22 January.

At that time, Bangladesh plunged into political turmoil. The Awami League and other opposition parties refused to accept a former chief justice as the head of the caretaker government overseeing the election. On advice from the Bangladesh Nationalist Party (BNP), then the outgoing ruling party, President Iajuddin Ahmed assumed the office of Chief Advisor in addition to the presidency. However, his caretaker administration failed to create a conducive atmosphere for the election, leading the Awami League and other opposition parties to boycott the polls and announce that they would resist them.

Amid such political turmoil, on 11 January 2007, the EU election observation mission and other international observer missions judged that the conditions precluded credible elections and suspended their activities. On the same day, President Iajuddin Ahmed, under pressure from the army, canceled the elections and resigned as Chief Advisor of the caretaker government.

With support from the armed forces, a new caretaker government was formed, and the Election Commission (EC) was restructured. The EC initiated massive electoral reforms, including the preparation of a voter list with photographs, which resolved controversy over the electoral roll, and sweeping electoral law reforms were introduced. After two years, the stalled parliamentary election was held on 29 December 2008, which was still considered the best election in Bangladesh.

Despite this, the BNP, which faced a significant loss, winning only 32 seats, alleged massive rigging in the polls as its arch-rival, Sheikh Hasina, secured a big win.

However, the EU election observation mission, in its final report, praised the quality of the 2008 polls, as did other local and international observer groups.

The report stated that the 2008 parliamentary elections marked an important step in the restoration of democratic governance to Bangladesh. A remarkably peaceful environment and high turnout on Election Day showed the determination of the people of Bangladesh to return to a democratically elected government.

In accordance with EU election observation methodology, the EU EOM to Bangladesh assessed the conduct of the parliamentary elections in line with international standards and best practices for democratic elections, according to the report.

"Minor technical difficulties aside, the EU EOM concluded that professionalism, transparency, and credibility were the hallmarks of the election and that the election broadly met international standards. The outcome of the election appeared to reflect the will of the people of Bangladesh, and EU EOM observers did not report patterns of fraud in the process," the report affirmed.

The EU election observation mission, however, did not give a clean chit to the 2001 parliamentary election in which Khaleda Zia led the BNP to a landslide victory while the Awami League led by Sheikh Hasina faced a setback. The Awami League also alleged massive irregularities in that election.

In its final report, the EU election observation mission stated, "The electoral process in Bangladesh was marred by several serious problems. In the first place, violence was present during all phases of the process."

"Moreover, continuous infringements of the electoral code of conduct by parties and candidates went unpunished, and uncertainty about the voters' list remained," it added.

Political parties did not contribute positively to creating an atmosphere conducive to a peaceful process. However, the bodies responsible for conducting the election demonstrated impartiality; freedom of campaigning (even with some shortcomings) was guaranteed, and the media played a neutral role.

"Thanks to the security forces, voting and counting procedures on Election Day were carried out in a generally calm atmosphere and were well-organized. No instance of major intimidation or fraud was reported," the report noted.

GLOBAL FOCUS ON THE POOR STATE OF JUDICIAL INDEPENDENCE

Three months before the next parliamentary election, the fragile state of judicial independence in Bangladesh was brought to the forefront by several incidents, exposing how former prime minister Sheikh Hasina's government was controlling the country's judicial system in an unwarranted way.

Sentencing two prominent human rights activists to jail in September, slapping them with multiple lawsuits, along with several additional cases filed in August and September against Nobel laureate Dr. Mohammad Yunus, known internationally as the "banker to the poor," and suddenly speeding up the trials of decade-old "political cases" against opposition BNP leaders became the latest examples of an "increasingly Kafkaesque judicial system" in Bangladesh.

The two prominent human rights activists from Adhikar, who had been tracking extrajudicial killings and disappearances in Bangladesh, were sentenced on 14 September to two years in prison, which critics said was part of a government crackdown ahead of national elections due in January.

With a general election scheduled for the end of January, several Western governments expressed concern over the political climate in Bangladesh, where the ruling party dominated the legislature and ran it virtually as a rubber stamp.

Other constitutional and statutory bodies, such as the Election Commission, Anti-Corruption Commission, and Human Rights Commission, suffered from an image crisis as they failed to deliver on their mandates independently.

Judicial independence, particularly in the lower courts, had always been in question since the birth of Bangladesh, as the government controlled the lower judiciary, denying its separation from the executive branch. Consequently, government administrative officials exercised judicial powers as magistrates alongside their executive powers, allowing the ruling party to retain control over the lower judiciary, the court of original jurisdiction.

Since no partisan government moved to ensure the separation of the judiciary from the executive branch as mandated by the constitution, the non-partisan caretaker government in 2007 undertook the task. However, in response to protests by administrative officials, the caretaker government introduced executive magistracy, allowing administrative officials to hold trials for many offenses on the spot through mobile courts. The Awami League-led government later extended the jurisdiction of these mobile courts. Though the Supreme Court eventually scrapped the Mobile Court Act, the issue remained pending with the Appellate Division.

However, the independence of the judiciary had never been such a prominent issue before a parliamentary election as it was this time.

On 28 August, over 170 global leaders, including more than 100 Nobel laureates, wrote an open letter to former prime minister Sheikh Hasina demanding the immediate halt of the ongoing judicial proceedings against Professor Mohammad Yunus.

"We were alarmed that he had recently been targeted by what we believed to be continuous judicial harassment. This letter attempts to build upon an earlier appeal to you by 40 global leaders who were concerned about his safety and freedom," read the letter.

It then raised concerns regarding the next election, stating, "However, we were deeply concerned by the threats to democracy and human rights that we had observed in Bangladesh recently. We believed it was of the utmost importance that the upcoming national election be free and fair, and that the administration of the election be acceptable to all major parties in the country. The previous two national elections lacked legitimacy."

On 5 September, the United Nations rights body expressed concerns over the continued harassment and detention of human rights defenders in Bangladesh, including Nobel laureate Mohammad Yunus and leaders of the prominent rights organization Odhikar.

UN High Commissioner for Human Rights Volker Turk called on authorities in Bangladesh to create a "safe and enabling environment" for activists and civil society leaders.

"We were very concerned by the continued intimidation and harassment of human rights advocates and civil society leaders through legal proceedings in Bangladesh, including Nobel laureate Mohammad Yunus," Ravina Shamdasani, spokesperson for the UN High Commissioner for Human Rights, said in a statement.

"The legal harassment of civil society leaders, human rights defenders, and other dissenting voices was a worrying sign for civic and democratic space in Bangladesh," Shamdasani added.

On the same day that the two human rights activists were sentenced to jail for "tarnishing the country's image by spreading misinformation," the European Parliament passed a resolution.

The European Parliament resolution "on the human rights situation in Bangladesh, in particular the case of Odhikar," addressed several issues, including the human rights situation in Bangladesh, free and fair elections, imprisonment of Odhikar leaders, cybersecurity legislation, and the murder of RMG worker Shahidul Islam.

Expressing deep concern over the deteriorating human rights situation in Bangladesh, members of the European Parliament (MEPs) called on the government to restore a safe and enabling environment for NGOs, human rights defenders, activists, and religious minorities.

"Bangladesh must uphold the country's international commitments, particularly under the International Covenant on Civil and Political Rights," stated the European Parliament after adopting the resolution.

The EU resolution on the "Human rights situation in Bangladesh, in particular the case of Odhikar," deplored the prison sentences of Odhikar Secretary Adilur Rahman Khan and Director ASM Nasiruddin Elan.

According to the full text of the resolution published on the EU Parliament website, the bloc called on the Bangladesh government "to immediately and unconditionally rescind this penalty and reinstate Odhikar's registration, as well as ensure that civil society organizations can access approved foreign grants."

The resolution also expressed concern over the mass arrests of opposition representatives and the excessive use of violence against protesters in Bangladesh.

On 17 September 2024, the European Parliament called on the "Government of Bangladesh to guarantee the conditions for free, fair and participatory elections in 2024." It also emphasized that unfettered domestic and international observation was a key international standard. MEPs recalled that an EBA (Everything But Arms) enhanced engagement process remained ongoing with Bangladesh due to its serious violations of international conventions. They denounced the Odhikar case as a "regrettable" backward step, putting into question "whether EBA preferences should continue to apply to Bangladesh."

The Bangladesh government expressed its "utter disappointment" with the European Parliament's resolution on the "Human rights situation in Bangladesh, notably the case of Odhikar." The Ministry of Foreign Affairs stated that the timing and language of the joint motion, tabled by some political groups in the European Parliament, reflected an intention to interfere with the independent judiciary of a sovereign state.

The statement emphasized that the judiciary in Bangladesh continued to ensure that proceedings were conducted fairly, with decisions based on evidence and law, free from any external pressures. The government expressed concern that the European Parliament's resolution displayed favoritism toward Odhikar, a group the government labeled as a politically biased entity with a record of misinformation and ties to those promoting terrorism and violent extremism.

On 17 September 2024, the Bangladesh Judicial Service Association also condemned the European Parliament's resolution, describing it as an "unwanted and unwarranted" attempt to interfere in Bangladesh's judiciary. This association, consisting of lower court judges and magistrates whose promotion, posting, and transfer were controlled by the law ministry, insisted that the verdict against Odhikar leaders was rendered without external influences.

However, the judicial independence claimed by the government and the association stood in contrast to concerns on the ground. The criminal charges against Odhikar leaders dated back to a 2013 report on extrajudicial killings that accused the police of grave abuses during a crackdown on a rally organized by Hefazat-e-Islam Bangladesh. The report listed 61 people as victims, a figure contested by government authorities.

Last year, the Bangladesh government canceled Odhikar's operating license, accusing it of tarnishing the country's image, which drew global criticism. After years of delay, the judicial proceedings against Odhikar leaders accelerated following the US sanctions imposed on the Rapid Action Battalion (RAB) and its officials in December 2021, an outcome attributed to human rights organizations like Odhikar. Leaders of 39 international rights bodies demanded the release of Odhikar leaders, pointing out due process violations, such as the defense's lack of access to prosecution witnesses and investigation reports until the day before hearings.

The judiciary played a crucial role in ensuring free and fair elections under the Representation of the People's Order. The Election Commission (EC) had the power to deploy magistrates to investigate any pre-poll irregularities and oversee that elections were free from coercion and misinformation. Moreover, the judiciary was essential in resolving election disputes post-poll. Yet, without an independent judiciary, it was difficult for the EC to ensure credible elections.

On 22 December 2018, Human Rights Watch published a report titled "Creating Panic: Bangladesh Election Crackdown on Political Opponents and Critics." It highlighted the thousands of cases filed against opposition leaders, especially those of the Bangladesh Nationalist Party (BNP). The cases, often vague and fabricated, led to widespread arrests, with BNP leaders like Secretary General Mirza Fakhrul Islam Alamgir facing 46 cases and joint secretary general Habibun Nabi Khan Sohel facing 450 cases by September 2024.

As the opposition BNP continued to push for a caretaker government to oversee elections, the trials of these cases sped up. Although government ministers claimed no interference in the judicial process, there was widespread skepticism. On 2 September 2024, the New York Times published an article titled "Quietly Crushing a Democracy: Millions on Trial in Bangladesh," revealing the scale of judicial pressure faced by the opposition. The article stated that half of the five million members of the BNP were embroiled in politically motivated cases, leading to a debilitating effect on their ability to campaign effectively.

The piling up of cases against opposition leaders and the sudden acceleration of trials raised serious concerns about the judiciary's role in the upcoming elections. As of 20 September 2024, Mirza Fakhrul was facing 98 cases, while Saiful Alam Nirob, who had 267 cases against him before the 2018 elections, was now facing 350.

These developments painted a troubling picture of the state of democracy and judicial independence in Bangladesh as the country headed towards its next parliamentary elections.

On 17 September 2024, the European Parliament called on the "Government of Bangladesh to guarantee the conditions for free, fair and participatory elections in 2024." It also emphasized that unfettered domestic and international observation was a key international standard. MEPs recalled that an EBA (Everything But Arms) enhanced engagement process remained ongoing with Bangladesh due to its serious violations of international conventions. They denounced the Odhikar case as a "regrettable" backward step, putting into question "whether EBA preferences should continue to apply to Bangladesh."

The Bangladesh government expressed its "utter disappointment" with the European Parliament's resolution on the "Human rights situation in Bangladesh, notably the case of Odhikar." The Ministry of Foreign Affairs stated that the timing and language of the joint motion, tabled by some political groups in the European Parliament, reflected an intention to interfere with the independent judiciary of a sovereign state.

The statement emphasized that the judiciary in Bangladesh continued to ensure that proceedings were conducted fairly, with decisions based on evidence and law, free from any external pressures. The government expressed concern that the European Parliament's resolution displayed favoritism toward Odhikar, a group the government labeled as a politically biased entity with a record of misinformation and ties to those promoting terrorism and violent extremism.

On 17 September 2024, the Bangladesh Judicial Service Association also condemned the European Parliament's resolution, describing it as an "unwanted and unwarranted" attempt to interfere in Bangladesh's judiciary. This association, consisting of lower court judges and magistrates whose promotion, posting, and transfer were controlled by the law ministry, insisted that the verdict against Odhikar leaders was rendered without external influences.

However, the judicial independence claimed by the government and the association stood in contrast to concerns on the ground. The criminal charges against Odhikar leaders dated back to a 2013 report on extrajudicial killings that accused the police of grave abuses during a crackdown on a rally organized by Hefazat-e-Islam Bangladesh. The report listed 61 people as victims, a figure contested by government authorities.

Last year, the Bangladesh government canceled Odhikar's operating license, accusing it of tarnishing the country's image, which drew global criticism. After years of delay, the judicial proceedings against Odhikar leaders accelerated following the US sanctions imposed on the Rapid Action Battalion (RAB) and its officials in December 2021, an outcome attributed to human rights organizations like Odhikar. Leaders of 39 international rights bodies demanded the release of Odhikar leaders, pointing out due process violations, such as the defense's lack of access to prosecution witnesses and investigation reports until the day before hearings.

The judiciary played a crucial role in ensuring free and fair elections under the Representation of the People's Order. The Election Commission (EC) had the power to deploy magistrates to investigate any pre-poll irregularities and oversee that elections were free from coercion and misinformation. Moreover, the judiciary was essential in resolving election disputes post-poll. Yet, without an independent judiciary, it was difficult for the EC to ensure credible elections.

On 22 December 2018, Human Rights Watch published a report titled "Creating Panic: Bangladesh Election Crackdown on Political Opponents and Critics." It highlighted the thousands of cases filed against opposition leaders, especially those of the Bangladesh Nationalist Party (BNP). The cases, often vague and fabricated, led to widespread arrests, with BNP leaders like Secretary General Mirza Fakhrul Islam Alamgir facing 46 cases and joint secretary general Habibun Nabi Khan Sohel facing 450 cases by September 2024.

As the opposition BNP continued to push for a caretaker government to oversee elections, the trials of these cases sped up. Although government ministers claimed no interference in the judicial process, there was widespread skepticism. On 2 September 2024, the New York Times published an article titled "Quietly Crushing a Democracy: Millions on Trial in Bangladesh," revealing the scale of judicial pressure faced by the opposition. The article stated that half of the five million members of the BNP were embroiled in politically motivated cases, leading to a debilitating effect on their ability to campaign effectively.

The piling up of cases against opposition leaders and the sudden acceleration of trials raised serious concerns about the judiciary's role in the upcoming elections. As of 20 September 2024, Mirza Fakhrul was facing 98 cases, while Saiful Alam Nirob, who had 267 cases against him before the 2018 elections, was now facing 350.

These developments painted a troubling picture of the state of democracy and judicial independence in Bangladesh as the country headed towards its next parliamentary elections.

Read the next installment in the series on Tuesday!