IIn a historic turning point in Bangladesh, protests led by Generation Z students forced the ouster of Prime Minister Sheikh Hasina, who had ruled the country with an iron fist since taking office in 2009. A brutal crackdown by security forces and activists from her Awami League party and the violence that followed left hundreds dead and thousands injured. The swearing-in of Nobel Peace Prize winner Muhammad Yunus as interim leader earlier this month – a key demand of the student protesters – has given the strife-torn country so much hope that many in Bangladesh are calling it a “second liberation” half a century after the country’s independence.
Read more: 5 insights from the TIME interview with Sheikh Hasina
For Bangladesh 2.0 to be successful, key reforms cannot wait for a democratically elected government. The current interim government has no interest in keeping old and corrupt institutions intact. But in the future, newly elected governments may try to reform the institutions to their advantage. Rebuilding key institutions now will help prevent democratic backsliding under any future government. Three areas of reform are of key importance: police and military, constitution and judiciary.
Putting the reins in the hands of the “deep state”
The security sector in Bangladesh is facing a serious legitimacy crisis. The military and police were involved in serious human rights violations during the student movement and before the protests. Both the police and the military became highly politicized during Hasina’s regime. Most people have lost their trust in these institutions. Moreover, many police officers left their posts after Hasina’s departure for fear of retaliation, creating a security vacuum.
The first step to building trust and legitimacy should be to disband the police units and individuals involved in violence, particularly the Rapid Forces Battalion (RAB), which has a long history of human rights abuses. They should be replaced by a diverse group of recruits, including women and members of ethnic and religious minorities, as well as those who have distinguished themselves on merit and not just promoted because of their links with the Awami League.
The military is already purging and reshuffling personnel involved in atrocities during the protests. These investigations should continue and suspected individuals must be brought to justice. Units such as the General Directorate of Armed Forces Intelligence, which have been implicated in human rights abuses and operated a secret prison, should be disbanded or reformed. The military must also commit to a democratic process, disclose all business interests, and support the transitional government by ensuring the safety of all citizens during the transition.
Both the police and the military should have an independent commission to monitor these processes. They should also look to UN bodies such as the Office for the Rule of Law and security institutions for guidance and oversight.
Implementation of constitutional reform
Bangladesh’s recent authoritarian shift is a byproduct of the concentration of power in the hands of the prime minister and the executive branch. The country has only nominally independent state institutions.
At the heart of constitutional reforms should be the restructuring of the presidency as a purely non-partisan institution. The de facto practice of the prime minister appointing the president should be abolished in favour of a collective vote. The current provisions that force the president to act on the advice of the prime minister seriously undermine checks and balances and must also be abolished. At the same time, the president should be granted the power to appoint the heads of key state bodies on the advice of non-partisan experts. This would limit the influence of the executive and ensure that these institutions operate free from political pressure.
The constitution should also introduce greater control of the government by the legislature. An important first step is to abolish the obligation for MPs to vote in favour of their party.
Depoliticization of the judiciary and state institutions
Yunus has already made judicial reforms a priority. Currently, appointments and promotions of Supreme Court judges are heavily influenced by the preferences of incumbents. The interim government must abolish the controversial two-year extension rule that allows the reappointment of retired judges, as it would discourage senior judges from seeking favors from the incumbent government.
It is crucial to protect all key state institutions – including the Election Commission, the Anti-Corruption Commission, the Public Service Commission and the Human Rights Commission – from the influence of the ruling party. With elections looming in Bangladesh, an independent and neutral Election Commission is essential for a credible distribution of power.
Appointments at the highest level in state institutions must be made on the recommendation of an independent committee representing political parties, the judiciary and civil society. These appointments should also require parliamentary approval, including a certain minimum level of opposition support, so that no single party controls the process.
Ultimately, the success of the student movement offers Bangladesh a chance to avoid the mistakes of the past. The economy is doing reasonably well and civil society is strong. Yunus can seize this opportunity. His government must not allow those who have burdened Bangladesh with political violence from the beginning to continue to hold the reins of power.
It is time for a democratic Bangladesh, run by the people and for the people.
