How Bangladesh Can Become a True Democracy

In a historic turn of events in Bangladesh, Gen-Z student-led protests forced the downfall of Prime Minister Sheikh Hasina, who had ruled the country with an iron fist since coming to power in 2009. A brutal crackdown by security forces and activists from her Awami League party and the ensuing violence resulted in hundreds of deaths and thousands more injuries. The swearing in of Nobel peace laureate Muhammad Yunus earlier this month as interim leader—a key demand of the student protesters—has brought enough hope in the strife-torn country that many in Bangladesh are calling it a “second liberation,” half a century after the country won independence.

Read More: 5 Takeaways from TIME’s Interview With Sheikh Hasina

To ensure that Bangladesh 2.0 is successful, key reforms must not wait for a democratically elected government. The current interim government does not have a vested interest in keeping old and corrupt institutions intact. But in the future, newly elected governments might seek to reform institutions to their advantage. Rebuilding key institutions now will help guardrail against democratic backsliding under any future government. Three areas of reform are key: the police and military, the constitution, and the judiciary.

Reining in the deep state

The security sector in Bangladesh faces a severe legitimacy crisis. The Military and the police were implicated in gross human rights violations during the student movement and prior to 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 fled their positions in the wake of Hasina’s departure out of fear of retaliation, leaving a security vacuum.

The first step to increase trust and legitimacy should be to dismantle the police units and individuals involved in violence, particularly the Rapid Forces Battalion (RAB), which has a long record of violating human rights. The individuals should be replaced with a diverse set of recruits, including women and ethnic and religious minorities, as well as by those who achieved merit and were not simply promoted because of ties to the Awami League.

The Military is already purging and reshuffling personnel who were implicated in the atrocities during the protests. These investigations should continue, and suspected personnel must be put on trial. Units such as the Directorate General of Forces Intelligence, which have been implicated in human rights violations and ran a secret prison, should be dismantled or reformed. The Military also must commit to a democratic process, disclose all Business interests, and support the interim government by ensuring the security of all citizens during the transition. 

For both the police and the military, an independent commission should oversee these processes. They should also call on U.N. entities, such as the Office of Rule of Law and Security Institutions, for guidance and oversight.

Implementing constitutional reform

Bangladesh’s recent authoritarian turn is a byproduct of a concentration of power in the Prime Minister and the executive branch. The country has only nominally independent state institutions.

Restructuring the presidency as a purely non-partisan institution should be at the heart of constitutional reforms. The de facto practice of the Prime Minister appointing the President should be discarded in favor of collective voting. Current provisions that force the President to act on the advice of the Prime Minister significantly undermine checks and balances and must also be done away with. Meanwhile, the President should be granted authority to appoint the heads of key state bodies with recommendations from nonpartisan experts. Doing so would curb executive influence and ensure these institutions operate free from political pressure.

The constitution should also introduce more legislative oversight over government. An important first step is abolishing the requirement that members of parliament vote in their party’s favor.

Depoliticizing the judiciary and state institutions

Yunus has already made judicial reforms a priority. Currently, the appointments and promotion of Supreme Court judges are heavily iNFLuenced by incumbent preferences. The interim government needs to abolish the controversial two-year extension rule that allows for reappointing retired judges, disincentivizing senior judges to seek favors from the incumbent government.

It is vital to shield all key state institutions—including the Election Commission, the Anti-Corruption Commission, the Public Service Commission, and the Human Rights Commission—from ruling party iNFLuence. As Bangladesh approaches an election, an independent and neutral election commission is non-negotiable for a credible rotation of power.

The top-level appointments in state institutions must be done with recommendations from an independent committee representing political parties, the judiciary, and civil society. These appointments should also require parliamentary approval, including a certain threshold of opposition support, so that no single party controls the process.

Ultimately, the success of the student-led movement presents an opportunity for Bangladesh to refrain from making the mistakes of its past. The economy is doing reasonably well and civil society is strong. Yunus can seize this moment. His government must not allow those who marred Bangladesh with political violence from its inception to continue to hold the reins of power.

It is time for a democratic Bangladesh, led by the people, and for the people.