Business as usual for BNP?

Ordinances promoting good governance cannot be abandoned

We are disappointed by the parliamentary special committee’s decision against ratifying 20 ordinances passed during the interim government’s tenure, many of them central to the reform proposals of the July National Charter. The issues these ordinances were meant to tackle include judicial independence, prevention of enforced disappearance, and strengthening of crucial institutions such as the Anti-Corruption Commission and the Human Rights Commission. The charter reforms were extensively discussed by the National Consensus Commission with all parties, including BNP. So, what does the allowing of these 20 ordinances to expire or lapse say about the ruling party’s commitment to the aspirations of the 2024 uprising as expressed through the signing of the July charter?

Three of the ordinances, considered landmark decisions, related to ensuring separation of the judiciary from the executive. They included a legal framework for appointing judges to the apex courts, creating a secretariat for the Supreme Court, and granting the judiciary administrative and financial autonomy. This was to ensure that appointments of judges and all things related to the courts would not be influenced by the executive. Dropping these ordinances risks reverting to the age-old practice of Supreme Court appointments being influenced by the ruling party’s preference. Meanwhile, failure to ratify the ordinance that aimed to criminalise enforced disappearance (with the death penalty as the highest punishment) is disturbing. Why would the BNP have any reservations against making disappearances, which their own members had been victims of, punishable?

In the same vein, the National Human Rights Commission (NHRC) Ordinance, 2025 would have strengthened the commission with a mandate to conduct its own investigations, including inspecting the facilities of various security agencies. What technicalities prevented the special committee from ratifying this ordinance? The unbridled corruption of Sheikh Hasina’s regime was one of the major catalysts of the July uprising. Which is why the Anti-Corruption Commission (ACC) (Amendment) Ordinance, 2025 was welcomed by the people as it would further strengthen the commission, allow it to directly file cases, and investigate financial crimes abroad. That the committee would decide to ignore this crucial ordinance gives rise to questions.

According to parliamentary rules, the 16 ordinances that have been dropped can be reintroduced in parliament after scrutiny and revision. But this has to happen within 30 days from the first sitting of the parliament, which would make April 10 the deadline. After this date, the ordinances will expire. Will the level of scrutiny required be completed within less than a week?

It is now difficult not to be skeptical of the ruling party (which holds a two-thirds majority in parliament) and its commitment to bringing about major reform in governance. Strengthening democratic institutions and making them independent of political influence were major aspirations of the July uprising and its actors. But the dropping of ordinances that, if ratified into laws, could have realised these very aspirations takes us back to the politicisation of key institutions, which we saw during the time of the fallen Awami League regime. We sincerely hope that our misgivings will be dispelled and these key ordinances that reflect people’s aspirations of true democracy will be revived and ratified into laws after quick review by parliament.