Bangladesh elections and Yunus' 'referendum' on Feb 12: Why he wants a ‘yes’ vote, what critics fear?

Bangladesh's interim head Muhammad Yunus on Monday (Feb 9) appealed to people to vote 'Yes' in the February 12 referendum to keep the country away from 'misrule.' Bangladesh is holding the general elections and referendum simultaneously. This is the first elections in the country after 2024 uprising that culminated in the ouster of former Prime Minister Sheikh Hasina. Yunus in his appeal said that a yes vote would approve reform packages and future of the country will be built in a “more positive way.”

Addressing senior secretaries and top bureaucrats as the poll campaign ended at 12 midnight, Yunus said, "If the 'Yes' vote wins in the referendum, Bangladesh's future will be built in a more positive way. A 'Yes' referendum would keep "misrule" away." In its effort to elicit public support for the complicated 84-point reform package, reports indicated that 'Yes' vote banners were displayed at government offices and banks were asked to use their CSR funds to support NGO campaigns for the referendum. However, many analysts have questioned the legitimacy of the referendum, since the Bangladesh Constitution does not have any provision for such a referendum. Yunus had previously said that the charter represented a move toward a “civilised society from barbarism.”

General elections is scheduled in Bangladesh for Feb 12. It will replace the interim administration of Muhammad Yunus. The election has evolved into a bipolar contest between Bangladesh Nationalist Party (BNP) and Jamaat-e-Islami (JI) Coalition. BNP leader Tarique Rahman, son of late former PM Khaleda Zia is being seen as the frontrunner. He returned from 17 years of exile, after which his party is leading most major opinion polls.

The referendum seeks consent of public on the reform proposals called “July National Charter-2025”. It was proposed by Yunus in October 17, after consultation between political parties and the National Consensus Commission that he headed. It seeks to reshape the country's politics and institutions and give constitutional recognition to the 2024 uprising that ousted Sheikh Hasina. It calls for constitutional recognition of the 2024 uprising, and state protection/recognition for those killed or injured in it. It proposes creation of a bicameral legislature and limit the term of the PM. It proposes to make the charter legally binding. The referendum ballot features a single question covering four major reform areas of the July Charter, while voters are instructed to vote 'Yes' if they agree more strongly with the proposals and 'No' if they disagree.

Elections are taking place in Bangladesh almost two years after a violent uprising brought down the government led by former PM Sheikh Hasina. The unrest in June 2024 began when students protested the reinstatement of a 30 per cent job quota for descendants of 1971 independence war veterans. As the government launched a crackdown, over 1,400 people were killed. Hasina further enraged the youth by referring to protesters as "Razakars"— a derogatory term for those who collaborated with Pakistan during the 1971 war. As students took to streets, the military turned against her and refused to use lethal force against the protesting students, finally forcing her to flee the country.

Critics said that via the referendum, Yunus is attempting to legitimise his regime as it makes it obligatory for the next government to implement the charter. Several legal experts also questioned the legitimacy of the referendum itself. "Most of the decisions taken in the July Charter, including those in the gazette, are contrary to the current Constitution," said Swadhin Malik, a leading jurist quoted by PTI. He said that since the Constitution was still in force, the President cannot legally sign this gazette, while it could have been acceptable if the Constitution had been annulled or suspended under martial law. "Since neither has happened, everything should proceed according to the existing Constitution," Malik said.