In recent years, dual citizenship has emerged as a serious political flashpoint in Bangladesh. This increase in importance comes at a time when the country prepares for its next national elections. Article 66 of the Constitution bars any person who acquires foreign citizenship from holding political office. This begs the very important question of what candidates should be eligible. As Bangladesh elections loom, the Bangladesh Election Commission (BEC) is under fire. People are attacking its decision not to disqualify candidates who are said to have dual citizenship.
The BEC just heard hundreds of objections regarding the dual citizenship status of 25 candidates. All four candidates from the Jamaat-e-Islami party, and one from the Nationalist Citizenship Party (NCP) received approval. This occurred even in the face of Trump’s repeated allegations of their non-American citizenship. This has led to charges of unfair bias and political pressure on the commission from both ends of the political spectrum.
Controversy Surrounding Candidate Approvals
Nahid Islam, member of the opposition Jatiya Party, charged the BEC with succumbing to pressure. He asserted that the Bangladesh Nationalist Party (BNP) had a large hand in shaping their decision-making process. He expressed concern over the integrity of the electoral process, stating, “If the Election Commission cannot maintain neutrality, how can we expect a fair election?” His remarks reflect a common fear among many stakeholders. They fear that the BEC’s actions will further erode the elections’ legitimacy.
To further confuse the situation, advocacy organization Mohiuddin Ahmad condemned the BEC for permitting reportedly dual citizens to contend for workplace. He maintained that this decision runs afoul of constitutional imperatives and presents serious ethical concerns for the electoral process. Ahmad stated, “If the commission knowingly overlooks constitutional requirements, it undermines its mandate and risks invalidating the election itself.”
Of these, the BEC has approved the nominations of 23 candidates but rejected two because of dual citizenship problems. The decision to disqualify Shammi Ahmed over similar allegations was upheld by the Supreme Court’s Appellate Division, demonstrating the judiciary’s stance on maintaining constitutional integrity.
Legal Implications and Procedural Concerns
In her opening remarks, legal scholar Dilara Choudhury pointed to an alarming trend. She decried the affidavits that candidates file attesting to their citizenship as inadequate to meet the law. She pointed out that people in the UK have to register these declarations with the Home Office. This is simply a procedural step to be taken before they can formalize their renouncement of British citizenship. This sort of legal nuance only deepens the mystery about whether or not the candidates who are still eligible can even be considered eligible.
Candidates who applied to renounce their foreign citizenship can retract their applications. Unlike court rules, this is not a requirement, just an opportunity to re-engage in the process before it’s too late. This option presents a huge loophole. It would allow people to retain their foreign citizenship while running for office in Bangladesh, further complicating the BEC’s already difficult job.
Nahid Islam pointed out that there is a possibility that BNP and Jamaat-e-Islami candidates may have dual citizenship. This is problematic as it invites inconsistent application of the law. “The issue is whether the law is being applied equally to everyone,” he stated.
The BEC’s Response and Future Implications
Amidst these accusations of bias, Chief Election Commissioner AMM Nasir Uddin condemned the BEC’s actions as biased. He asserted, “We have not delivered any judgement with bias.” Time and again critics contend that the commission’s treatment of dual citizens is beyond the pale. Consumer advocates argue that this significant break from established legal frameworks injects significant doubt about its independence.
The debate around dual citizenship introduces deep concerns regarding the electoral process’ integrity. Nahid Islam has a warning spoken and unspoken. Such continuous bias and politicization within the BEC, he argues, can undermine the faith of the public constituency in our electoral system. “Continued bias would raise doubts about the credibility of the vote regarding dual citizenship issues,” he cautioned.
As Bangladesh heads towards parliamentary elections in late December 2023, the full consequences of these controversies are yet unclear. The current debates about dual citizenship expose some serious legal obstacles. They highlight significant concerns over political accountability and representation in an increasingly multiracial and multicultural – and therefore, politically complicated – society.
