According to a report by The Bangladesh Chronicle, the US
Deputy Assistant Secretary Afreen Akhter is believed to have conveyed the US
government’s message to the Awami League regime; constitutional expert Shahdeen
Malik says Hasina will defy such a move
The ruling Awami League government has been told in no
uncertain terms by a senior United States official, who recently visited Dhaka,
that the Sheikh Hasina regime may consider stepping down from power and hand
over charge to the Jatiya Sangshad speaker by November 03, 2023.
Given the high stakes that are involved, it is unlikely that
the Awami League in general and Sheikh Hasina in particular will readily comply
with the US pressure to relinquish power, especially at a time when there is
massive anti-incumbency besides grave charges of corruption, human rights
abuses, malgovernance, among other issues, against the current regime.
It is believed that the message was conveyed to senior
Bangladeshi officials by American Deputy Assistant Secretary (South Asia and
Central Asia) Afreen Akhter during her meeting with Bangladesh foreign
secretary Masud Bin Momen on October 16, 2023.
Besides raising the fraught issue of free, fair and
participatory elections in Bangladesh, Akhter also discussed with the subjects
of Rohingya refugees and the recent visit of a bipartisan American delegation
comprising members of two important American think tanks with Momen, who confirmed
this to reporters later the same day. Bangladesh Ministry of Foreign Affairs
director general Masud Alam was present during the meeting between Akhter and
Momen.
The Bangladesh foreign secretary had reacted sharply,
saying, “Bangladesh objects to unnecessary foreign interference in its internal
affairs”.
The sources said that Akhter placed two options before her
Bangladeshi hosts, eight days before Sheikh Hasina is set to leave for Brussels
on an official tour. As part of the first option, Sheikh Hasina government
could resign and hand over charge to President Mohammad Shahabuddin who,
incidentally left for Singapore on October 16 and is not expected to return to
the country before October 30.
The last session of the Jatiya Sangshad is set to begin on
October 22 and the government of the day will likely declare the official
election notification in the last week of this month or the first week of
November.
The second option, the US official presented before Momen
and Masud, recommended transfer of power by the incumbent Awami League government
to Speaker Shirin Sharmin Chaudhury by November 03 before paving the way for a
truly free, fair, participatory and inclusive elections.
“The US prefers that the Sheikh Hasina regime opts for the
second course,” a source, fully aware of the details of the American proposals,
said.
Chaudhury was in New Delhi last week to take part in the
Ninth G20 Parliamentary Speakers’ Summit. She had met Indian officials on the
sidelines of the Summit.
The bases of the two options presented before the
Bangladeshi leadership was that both were within the framework of the
Constitution and therefore could be acted upon and considered by the
government.
Chapter II of Part IV of the Bangladeshi constitution says:
“(1) The office of the Prime Minister shall become vacant
(a) if he resigns from office at any time by placing his resignation in the
hands of the President; or (b) if he ceases to be a member of Parliament.
(2) If the Prime Minister ceases to retain the support of a majority of the
members of Parliament, he shall either resign his office or advise the
President in writing to dissolve Parliament, and if he so advises the President
shall, if he is satisfied that no other member of Parliament commands the
support of the majority of the members of Parliament, dissolve Parliament
accordingly”.
Also, Article 54 of the constitution says, “If a vacancy
occurs in the office of President or if the President is unable to discharge
the functions of his office on account of his absence, illness or any other
cause, the Speaker shall discharge those functions until a President is elected
or until the President assumes the functions of his office, as the case may
be”.
Importantly, it was indicated by the US deputy assistant
secretary that failure to comply with the two options – but preferably the
second – would be followed by a series of strong economic sanctions against
Bangladeshi individuals, including influential businessmen and political
leaders.
In the
event of the ruling Awami League chosing to disregard the US ultimatum, as one
source described the two options, the American authorities are said to have
told their interlocutors in Dhaka that due processes of law would follow
against a high value Bangladeshi individual residing in that country.
Speaking to Northeast News, one of Bangladesh’s foremost
constitutional experts, Shahdeen Malik, said that in the event of a situation,
political or otherwise, the prime minister will have to advise the president to
dissolve parliament till the time fresh elections are held. The president, in
turn, will ask the cabinet to continue. And, in the event the president is
indisposed, for whatever reasons, the speaker will fulfill his duties and
responsibilities.
Agreeing that there are lots of faults with the 15th amendment
to the constitution, Malik said that it will be politically suicidal for her if
she gives in to demands to quit.
Malik concluded that Sheikh Hasina will defy such moves and
that he apprehends the regime will turn repressive.