A mass movement led by students has ushered in a new dawn in Bangladesh. What began as a claim for reform of the quota system transformed into a national movement to oust Bangladesh’s long-standing autocrat from office after 15 years. In the aftermath of Sheikh Hasina’s fall, the question on everyone’s mind has been where to go from here. An interim government has been formed under Professor Muhammad Yunus, with a cabinet of advisors including a handful of technocratic experts, two students from the movement and a selection of lawyers, NGO leaders and activists, and a representative of one of the mainstream Islamist parties, the Hefazati Islam. Key tasks ahead of this government will be to restore law and order, steer the bureaucracy and state apparatus, and prepare for electoral transition. This commentary examines some of these issues.

V. New Constitution or new politics?

The text of a Constitution merely outlines the system of governance. Its interpretation and application depend on a range of institutions. Its protection requires vigilance from state and nonstate actors, and civil society. Any national design needs to connect past, present and future generations, including the dead, the old, the youths on the streets today, and the unborn. Calls for a new Constitution may not rid the nation of the dangers it has faced in the past, like concentration of power in the executive branch or settling debates over politics, equality and religion.

Pakistan struggled with a Constitution for more than two decades. While more recently, Nepal went through two separate constitution-making processes with the first effort failing to secure sufficient political consensus. Moreover, protracted debates and questions may well emerge from a constitution-making process, such as: the type of political system, i.e., presidential, parliamentary, something else? One or two houses in the legislature? How will delegates of the Constituent Assembly be selected? Will they resign after the new Constitution or continue as Parliament? Whether it is wise or even possible to bind future Parliaments? Or indeed if so, whether any such Parliament will honor the new Constitution without subversion?  

Plans are yet to emerge about how the movement intends to create a new Bangladesh and whether that will be done through democratic means. Other movements in recent years concerning the issues of school students, women’s rights, workers’ rights, indigenous rights, etc., are also seemingly absent in the current political discourse. It is notable too that no representative voices of garments workers and migrant workers were included in the government, two of the largest contributors to the economy and potential voters.

If a list of concrete demands for reform emerges, one may be able to assess whether the existing constitution can address them. The present constitution offers plenty of salve to address inequalities, including through the never-before explored terrain of socialist principles—though it is unclear how many now supporting a “second independence” might enthusiastically allow the government to limit their rights to private property for wealth redistribution—an agenda that has never been under discussion in these protests or prior to them.

This movement should be a moment of reckoning for political parties that the patience of “the people” can run out. Parties should recognize that a proper political process is indispensable to moderate extremities and violence in politics. It is also likely going to be a reckoning to maintain a separation between public and private spheres of governance. Afterall, the cost of corruption beyond the dollar value also includes stolen alternative futures that may have been constructed with those resources.

There is public consensus now about doing away with dynastic politics. If the people rightly abhor dynasties, they also do not deserve the NGO-ization of politics. Excluding political actors from the political process is unlikely to yield a democratic settlement. Sri Lanka offers some lessons where ousted Rajpaksa’s scion is already eyeing the Presidency in just under 2 years of the Aragalaya (the struggle) protests. Thailand also recently brought the Shinawatra clan back into political office.

The distrust of the students in public institutions and functionaries is understandable. However, they may have to make a decision within a fairly short window about the extent of influence they wish to have in the political process. The movement will have to contend with heavy competition if it seeks to form a political party. The BNP and other parties have been marginalized for 15 years.  While they benefitted from  Hasina’s ouster by the students’ movement, their objectives may now diverge. The public mood could also sway in favor of a political group depending on what they are offered, including stability and certainty. A prolonged political impasse may also open doors to familiar authoritarian encroachment in  politics. There is no doubt that dynasties are bad for politics, but given they are likely to keep attempting to return to politics, it is vital for any reform agenda for the electoral system to prevent sweeping majorities and political capture. Countries closer to home like India and South Korea have been successful in ensuring that any political candidate seeking office, regardless of dynastic affiliations, must earn their place in politics. Therefore, institutional processes, transparency and checks and balances will be key to any transition.

Conclusion                                                          

Demographics have changed in Bangladesh with a significantly younger population as its majority. They are neither privy to the 1971 liberation history, nor familiar with party symbols the same way as voters of the 1990s. Whatever the installation, any political formation invested with state power ought to be continuously questioned for constructive critique and accountability. Authoritarianism is always a clear and present danger in any political system unless transparent processes and checks and balances are put in place with a political culture that does not allow tampering with the rules of the game. 

Political reform of the future will no doubt continue to be punctuated by this student movement, having injected democratic resilience and activism in defense of political freedom and participation among citizens. However, some cautionary considerations may serve the movement well. Revolutions do not necessarily guarantee emancipation. There are plenty of lessons in history in which revolutions upending existing social orders created new hierarchies, and constitution-making processes falling apart led to subsequent power-grabs by new elites. Therefore, channeling revolutionary passions into a reform agenda and restoring democracy and stability in the shortest possible time will be key to success for this interim government and any future elected government.

Cynthia Farid is a Global Academic Fellow at the Faculty of Law, University of Hong Kong.

Ed Note: This article has been edited by Sukrut Khandekar and published by Abhishek Sanjay from the Student Editorial Board.