Section 3. Freedom to Participate in the Political Process
The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.
Elections and Political Participation
Recent Elections: Prime Minister Sheikh Hasina and her Awami League (AL) party won a third consecutive five-year term in a December 2018 parliamentary election that observers considered neither free nor fair and was marred by irregularities, including ballot-box stuffing and intimidation of opposition polling agents and voters. With more than 80 percent of the vote, the AL and its electoral allies won 288 of 300 directly elected seats, while the main opposition BNP and its allies won only seven seats. Parliament conferred the official status of opposition on the Jatiya Party, a component of the AL-led governing coalition, which seated 22 members in parliament. During the campaign leading to the election, there were credible reports of harassment, intimidation, arbitrary arrests, and violence that made it difficult for many opposition candidates and their supporters to meet, hold rallies, or campaign freely.
During the 2018 national elections, the government did not grant credentials or issue visas within the timeframe necessary to conduct a credible international monitoring mission to the majority of international election monitors from the Asian Network for Free Elections. Only seven of the 22 Election Working Group NGOs were approved by the Home Ministry, NGO Affairs Bureau, and the Election Commission to observe the domestic election.
Low voter turnout, intimidation, irregularities, and low-scale violence targeting opposition-nominated candidates during campaigns and voting marked several by-elections throughout the country during the year.
Political Parties and Political Participation: The government mobilized law enforcement resources to level civil and criminal charges against opposition party leaders. BNP leader Khaleda Zia was convicted and imprisoned in 2018 based on corruption charges filed under a nonpartisan caretaker government in 2008. Up to March, Zia was unable to take advantage of bail awarded in this case pending appeal due to more than two dozen other charges filed against her in recent years by the government. Following the outbreak of COVID-19 in March, the government suspended Zia’s jail sentence for six months in consideration of her age and illness and, on March 25, released her on the condition she would not leave the country. In September the government extended this provision for six more months on the same condition after her family filed a petition seeking her “permanent release” and permission to go abroad for medical care. The BNP claimed police implicated thousands of BNP members in criminal charges prior to the 2018 national election and detained many of the accused. Human rights observers claimed many of these charges were politically motivated.
Opposition activists faced criminal charges. Leaders and members of Jamaat-e-Islami (Jamaat), the largest Islamist political party in the country, could not exercise their constitutional freedoms of speech and assembly because of harassment by law enforcement. Jamaat was deregistered as a political party by the government, prohibiting candidates from seeking office under the Jamaat name, and the fundamental constitutional rights of speech and assembly of its leaders and members were denied. Media outlets deemed critical of the government and the AL were subjected to government intimidation and cuts in advertising revenue, and practiced some self-censorship to avoid adverse actions by the government.
AL-affiliated organizations such as its student wing, the Bangladesh Chhatra League (BCL), reportedly carried out violence and intimidation around the country with impunity, including against individuals affiliated with opposition groups. On June 22, activists of the youth and student wings of the Awami League attacked a BNP relief team near Chuna bridge in Shyamnagar upazila of southwestern Satkhira District, leaving at least 10 individuals injured. Newspapers quoted BNP leaders and local residents as saying the BNP relief team was on its way to areas hit by hurricane Amphan.
On September 16, a Speedy Trial Tribunal in Dhaka indicted 25 ruling party student activists for the October 2019 killing of Abrar Fahad Rabbi, a student at Bangladesh University of Engineering and Technology. Rabbi was beaten to death over suspected involvement with the group Shibir, Jamaat-e-Islami’s student wing, and following several Facebook posts criticizing recent bilateral agreements with India.
The 86 criminal charges filed by the government against BNP Secretary General Mirza Fakhrul Islam Alamgir in previous years remained unresolved; Alamgir remained free on bail. The charges involved attacks on police, burning buses, and throwing bombs.
In some instances, the government interfered with the right of opposition parties to organize public functions and restricted broadcasting of opposition political events. Political parties, however, had limited outdoor activities this year as the COVID-19 pandemic forced them to go virtual or stay indoors.
Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minorities in the political process, and they did participate. In 2018 parliament amended the constitution to extend by 25 additional years a provision that reserves 50 seats for women. These female parliamentarians are nominated by the 300 directly elected parliamentarians. The seats reserved for women are distributed among parties proportionately to their parliamentary representation. Political parties failed to meet a parliamentary rule to have women comprise 33 per cent of all committee members by the end of the year, leading the Electoral Commission to propose eliminating the rule altogether.