Political and Trade Union activities banned by Government under the Emergency Powers Ordinance 2007

The Government has banned political and trade union activities and restricted provocative news, including talk show, in print and electronic media under the Emergency Powers Rules 2007. The ban has been made effective from January 12, 2007 through a gazette notification on the Emergency Powers Rules 2007 under the Emergency Powers Ordinance 2007. The gazette notification was made public last night.

The government has restricted processions, demonstrations, hartals, strikes and lockouts across the country to ensure security of the state and people, and maintain discipline in public life and has also banned student-teacher politics and politics by government employees and professional bodies. In case of violation of the restrictions, the offenders will have to suffer a maximum of five years or a minimum of two years rigorous imprisonment along with fines. But rallies, processions and functions relating to religious, social and state affairs are exempted from the restrictions.

Under the notification, the government can ban any meeting, procession, siege, demonstration, speech, statement, any harmful news or information in the interest of government, state or public security and peace. The government can also restrict any publication or transmission of any anti-government news, editorial, post editorial, article, feature, cartoon, talk show or discussion in print or electronic media and any mass media, including the internet. Wall writing has also been banned as long as the state of emergency will remain in force. The government will be able to proscribe any newspaper, book, document, printing press or equipment of electronic media if any news or information is published or propagated violating the government order or restrictions.

The restriction has also been put on any provocative remarks or activities against the government and its programmes, drawing, cartoon or the effigy of an individual with ulterior political motive. The government will have the right to ask any individual to submit information or material to a person or authority designated by the rules for examining those. If any individual does not submit the information or the material or intentionally supply false and incorrect ones, the individual will have to suffer a maximum of five years or a minimum of two years' RI and fines. Those who will try to violate the rules and assist or provoke to violate the rules of the emergency will be considered as the violator.

If any violator of the rules is identified as statutory organisation or farm, director, owner, partner, manager, secretary or any other officer or agent will be considered as the violator unless he or she can prove that they have tried enough to refrain from violating the rules. Whatever the existing laws and rules contain, all offences under the emergency rules will be justified by speedy trial court, speedy trial tribunal, metropolitan magistrate and first class magistrate. The offences under this rule will be considered as cognizable, non-compoundable and non-bailable.

If anyone resents any verdict of the courts, he or she can appeal to the proper court against the verdict within 30 days from the date of handing down the particular verdict. But the time to be spent to get the certified copy will be excluded from the 30-day period. On post, radio, telegram, telex, fax and telephone services, the rules of emergency said the government can empower officers and authorities to halt, delay any disbursement of messages or news.

In case of any serious offence, the government will have the right to transfer an under trial case at any stage to a speedy trial tribunal. But the trial must be held as per the provisions of the Speedy Trial Tribunal Act 2002. Investigation, trial and other related activities on the offences that cause law and order situation will be under the speedy trial court only. Any designated police official or any member of the law enforcement agencies will be able to enforce or take any necessary steps to implement any order under the emergency rules. Any individual can be brought to preventive detention under the Special Powers Act 1974 if deemed that the individual might create an offence under the emergency rules.

CA pledges to hold Elections at the earliest

EC to be reconstituted, flawless electoral roll to be prepared

Chief Adviser Dr Fakhruddin Ahmed pledged to transfer power to an elected government at the earliest through holding a free, fair and credible general election after reconstituting the Election Commission (EC) and preparing a flawless electoral roll in his maiden address to the nation over radio and television. Fakhruddin, who assumed office on January 12 to head a reconstituted caretaker government, said the main task of his government is to hold a free, fair, peaceful and neutral election with participation of all parties in accordance with the constitution and people's aspiration.

Regarding demands for voter ID cards and transparent ballot boxes, he said necessary steps would be taken in this respect after examining the matters. He added that appropriate steps would be taken to ensure the statement of assets and sources of income of intending election candidates and prove the authenticity of their statements.Fakhruddin however stopped short of mentioning any timeframe for the parliamentary elections --earlier set for January 22.

Although the much-awaited address to the nation delivered by the chief adviser to the interim government, Fakhruddin Ahmed, dwelt repeatedly on what he termed as the principal responsibility of the military-backed administration — to deliver a free, fair and participatory election ‘at the earliest’ — the ambitious to-do list that was proposed alongside left little doubt that ‘the earliest’ would come later rather than sooner

Major parties' reaction to CA's Address

BNP Secretary General Abdul Mannan Bhuiyan urged the interim government to hold the election at the 'earliest possible time'. Giving the four-party's formal reaction to the chief adviser's (CA) speech to the nation, he thanked the CA for promising to hold an election as soon as possible and said people expected a specific timeframe for holding the election as the only task of the caretaker government is to assist the Election Commission and it is the elected government's responsibility to do the long-term things like preparation of voter ID cards.

The Awami League (AL)-led 14-party alliance expressed the hope that the caretaker government (CG) headed by Dr Fakhruddin Ahmed will take measurers to hold a free, fair and credible general election as early as possible by reconstituting the Election Commission (EC). Giving the alliance's formal reaction to the chief adviser's (CA) first address to the nation Sunday night, the AL general secretary said the people hope that the new CG will hand over power to an elected government following a fair and credible election and this will add a new dimension to democracy in the country. The party also demanded the arrest of corrupt people, criminals and their godfathers, illegal arms and black money holders to create a congenial atmosphere for a free and fair poll and build people's confidence in the polls process.

Chief Election Commissioner M. A. Aziz resigns

Poll set for today officially cancelled

Justice MA Aziz resigned from the post of Chief Election Commissioner (CEC) yesterday citing a major political alliance's lack of confidence in him and to avert further political unrest in the country. Meanwhile, the Election Commission (EC) Secretariat issued a notification yesterday officially cancelling holding of the ninth parliamentary election today.

Aziz's departure ends his highly controversial 21-month stint in the office, during which he was forced to go on a leave of absence on November 22 after repeated demands for his resignation from Awami League (AL)-led alliance for failing to prepare a correct and updated voter list. His resignation follows the newly appointed caretaker government's announcement that reconstituting the problem-ridden EC is its top priority so that it can proceed with other electoral reforms, namely updating the voter list, and institutionalising the system of voter ID cards and transparent ballot boxes.

Law Adviser Mainul Hosein told on Saturday that the caretaker government decided to appoint a new CEC within a couple of days and that the new CEC will be selected from the bureaucracy. Aziz personally delivered his letter of resignation to President Iajuddin Ahmed at Bangabhaban yesterday afternoon, which the president accepted. In a statement released to the media on his behalf by his personal assistant, he said that if he continue in the post of CEC this may give certain political parties the opportunity to create once again new obstacles in the democratic process of holding national elections and would be seriously prejudicial to the interest of the country."

The biggest allegations against Aziz were that he failed to prepare a correct voter list and violated a High Court directive by creating a fresh voter list, which cost the taxpayer at least Tk 60 crore. Aziz assumed the office of CEC on May 23, 2005, during BNP-led alliance government's regime, and got mired in controversy by preparing a fresh voter list ignoring the High Court directive. Along with major political parties, election experts, different professional organisations and civil society personalities also demanded reconstitution of the EC for holding a free and fair election. Foreign diplomats also started speaking against the Aziz-led EC saying the people had lost confidence in the commission. But, President Iajuddin opted not to reconstitute the EC and instead he sent two commissioners on leave and appointed two new, even more controversial, commissioners compounding an already complex crisis.

EC SCRAPS TODAY'S POLL

An EC Secretariat notification released yesterday under section 21 of the General Clauses Act 1897, cancelled all its previous notifications in relation to the election that was scheduled for today.It said the election will not take place as the president believed it could not take place on schedule, and added, "In light of internal disturbances that might endanger the economic life the president promulgated a state of emergency under Article 141A(1) of the constitution."The notification further said all activities and measures taken under proscribed notifications will be considered legally null and void.

Elections unlikely before 6 months

Interim govt firm on preparing national identity or voter card first

The next parliamentary elections may delay for at least six months as the interim government will take the time to prepare a correct voter list. The government is considering introducing either national identity cards or voters' identity cards before going for the polls and such tasks need minimum six months to complete. Adviser Tapan Chowdhury told the press yesterday,the government will form a committee for preparing a guideline to determine which would be viable--preparing national identity cards or voters' identity cards--considering time and money the task will require. He also said some people have opined that it is possible to prepare the voter ID cards within six months.

Both the major political alliances led by Awami League and BNP have meanwhile asked the caretaker government to hold the elections within shortest possible time. But, like the political parties, people are in the dark about the next parliamentary elections as the present caretaker government, formed following declaration of a state of emergency, is yet to clear the matter.

Sources said the caretaker government in its first meeting has set its priority tasks that include correcting the voter list, neutralising the administration and the Election Commission (EC), and maintaining law and order. The interim government is planning to go for a recast in the civil administration and reconstitution of the EC to neutralise the field before polls.

Sources said Chief Adviser Fakhruddin Ahmed may address the nation next week outlining his government's plan on holding the elections and the steps it is going to take. Adviser Geeteara Safiya Choudhury told reporters, "It is difficult at this moment to speculate when the election will be held," and that the government will give emphasis to people's expectations for a free and fair poll. When asked about the political parties' demand for holding the election soon, she said, "We will do everything that a free, fair and peaceful election requires and the government will sit with the political parties after finalising the proposal.

Nomination Paper Submission closes Today - Grand Alliance files nominations

Dhaka,Bangladesh: As the nomination paper submission closes, the battle for ballot between the two major political alliances kicks off today. The candidates of the Awami League (AL)-led grand electoral alliance has decided to file their nominations for the election slated for January 22. Most of the contenders of the BNP-led four-party alliance have already filed nominations. However, none of the alliances has announced the official list of their nominees, as both the sides could not yet reach an understanding over sharing seats for the election. The final lists will not be made public before January 3, the closing date for withdrawing candidature. .

The AL sources claimed that their candidates will submit nominations for 212 constituencies as the party is set to leave 88 seats for its allies. On the other hand, Jatiya Party (JP-Ershad) claims that it has been allocated 50 seats while the LDP maintains that 27 seats have been left for it to contest. Among the partners of the 14-party, Jatiya Samajtantrik Dal (JSD) claimed that it has got 6 seats, Gono Forum claimed 2, Workers Party 4, a faction of Islami Oikya Jote (IOJ) 2 and Khelafat Majlish 2. The BNP has set aside 31 seats for Jamaat-e-Islami, three for the BJP, three for Islami Oikya Jote and one for Anwar Hossain Manju-led Jatiya Party. Over 9.30 crore voters are supposed to choose their representatives at 300 constituencies

The AL Parliamentary Board, meanwhile, has had the candidates' signatures on withdrawal letters in case the party needs to withdraw the nomination papers to boycott the election, sources said. AL Joint General Secretary Obaidul Quader told journalists yesterday, that they will continue to observe the situation and will decide on our final course of action before the last date for withdrawing candidature."

On the last date, the offices of 68 returning officers (RO) and 536 assistant returning officers (ARO) will be receiving the nomination papers from 9:00am to 5:00pm. The Election Commission (EC) has reserved 150 symbols for the contenders. Of those, 76 were earmarked for as many number of political parties contesting the polls and the rest are for the independent candidates. After the last date for withdrawing candidature that is January 3, the ROs will allocate the symbols among the candidates fielded by the political parties as well as the independent ones.

The official process towards the election to form the ninth parliament began on November 27 with the announcement of election schedule that went on to be changed on several occasions. It will end with gazette notification of the victorious candidates.

Seat sharing almost finalised - Grand alliance

Awami League (AL)-led grand electoral alliance almost completed its preparations for contesting the upcoming election whenever it happens, according to alliance sources. Jatiya Party (JP) Chairman HM Ershad yesterday morning met AL President Sheikh Hasina in her Sudha Sadan residence in the capital and discussed the issue of seat sharing with her. AL General Secretary Abdul Jalil sat with Liberal Democratic Party (LDP) leaders in his Gulshan residence yesterday evening to discuss the same while LDP President Badruddoza Chowdhury was scheduled to hold talks with Sheikh Hasina at the time of filing this report late last night.

The sources said AL is likely to finalise its own candidates today and it was roughly decided that Jatiya Samajtantrik Dal (JSD) will contest in four constituencies, Gono Forum in three and Workers Party in four constituencies under the umbrella of the grand electoral alliance. According to the primary decision JSD will contest in Kustia-6, Chittagong-10, Panchagarh-1 and Sunamganj-4 constituencies while Gono Forum will contest in Cox's Bazar-1, Dhaka-3 and Manikganj-3. The constituencies Workers Party will contest for include Barisal-2, Rajshahi-2 and a constituency in Satkhira district. Zaker Party will contest in Faridpur-4 and Islami Oikyo Jote will contest in Narail-2, the sources added.

AL is also negotiating with Parbatiya Chattagram Jana Sanghati Samity, and Krishok Sramik Janata League to bring them into the fold of its grand alliance based on similar seat sharing.The sources said during almost two-hour long discussion Sheikh Hasina and HM Ershad finalised around 35 constituencies for JP to contest in and decided to continue their discussion on seat sharing as JP top leaders placed demands for a few more seats.

New Poll Schedule Disclosed, No change on Election Date -Election Commission

Election Commission rescheduled the polls timetable again, at the request of the advisory council of caretaker government,keeping in mind holding of election within the 90-day constitutional obligation.The council also requested Election Commissioner SM Zakaria yesterday to go on leave of absence and claimed that it has implemented the entire package proposal finalised 16 days ago although the proposals also included sending of Election Commissioner Modabbir Hossain Chowdhury on leave and appointment of new election commissioners to recast the EC.The council of advisers also decided not to appoint any new election commissioner although its package proposal had a deal in this regard.

A delegation of the AL-led grand alliance rushed to the EC yesterday afternoon and rejected the new timetable for the ninth parliamentary election, demanding announcement of election schedule after properly correcting the voter list first.
In line with the request of the council of advisers, the EC rescheduled the next election by extending the deadline for filing nomination papers by three days up to December 24.

The dates for other stages of the election were also re-fixed. In the new timetable, the date for scrutiny of nomination papers is December 28 and the date for withdrawal of candidature is January 3. The previous deadlines were December 22 and 28. The polling date, however, remains the same--January 22. The EC has to complete the election by January 25, the last day of the constitutionally stipulated 90-day period for holding election.

In reply to the demand of voter list correction, by AL-led grand alliance,the Election Commissioner said the electoral roll can be updated up to the day before election and the lists will be available at the district election offices for correction.

Following these latest developments towards resolving the existing political deadlock, the council of advisers hopes that all political parties will now participate in the election.