Eighty days in, the nation remains in flux over the political upheaval arising from the stunning overthrow of a powerful, autocratic regime by a students-led mass movement on August 5, inevitably there is a battle underway to try and capture what this renewed Bangladesh should stand for, what it should look like.

Differing visions clash against the possible methods for going about achieving them, and all the while, hanging over it all, is a quest for justice for the victims, the untold numbers who gave their lives during the July-August movement. There is a school of thought that the biggest priority for the interim government that is now in charge of the country, should be to ensure justice for the victims of the movement, and returning the country to the democratic path through a free and fair election - the kind that was absent for almost 15 years.

Those aspirations can often be found in conflict with the loftier goal of implementing wide-ranging, and much-needed reforms in key sectors. This line of thinking has clearly been adopted by members of the interim government, in particular the council of advisers.

Addressing a seminar styled "Journey towards Democracy: Imminent Challenges and Ways to Overcome" at the Abdul Karim Sahitya Bisharad Auditorium of Bangla Academy this week, Dr Asif Nazrul, law and parliamentary affairs adviser to the interim government, framed his remarks between two options ahead of himself and his colleagues: 'minimum democracy' and 'enriched democracy'.

"If we want an enriched democracy, we'll have to carry out some reforms," he said, insisting that every institution was totally destroyed in the hands of Sheikh Hasina.

Noting that thousands of people sacrificed their lives during the mass uprising, he said it would surely not be enough for the interim government to just hold an election and leave behind what would be a 'minimum democracy'.

"We will have to ensure that the judiciary can remain independent, that the opposition parties can play their due role in parliament, that the prime minister cannot turn fascist, and so on," Asif Nazrul said.

The law and parliamentary affairs adviser said he didn't believe that so many people sacrificed their lives just for a 'minimum democracy'.

"We will have to implement some reform tasks to reflect public expectations for an enriched democracy," he said.

Certainly the government's reform initiatives in most cases have been met with praise by subject area experts or direct stakeholders, reflecting that these steps are aligned with public expectations. We are aware, of course, that in many sectors, the culture of fear that went hand in hand with the AL's rule meant many stakeholders were reduced to mute spectators as they witnessed the deteriorating state of various institutions.

Slippery when banned

Reforms, however, are a necessarily lengthy, even perpetual process - all organisations and institutions that embrace innovation must recognise that change is the only constant in this modern, technology-driven era, or risk getting left behind. To what extent should the reform agenda be entrusted to the interim government, and what will be the role of the elected government in consolidating these reforms, or taking them further? Could they even be undone altogether, or should there be built-in protections for some of these steps?

The interim government officially banned the Bangladesh Chhatra League (BCL), the student wing of ousted prime minister Sheikh Hasina's Awami League party, declaring it a "terrorist organisation".

This move comes in response to escalating demands from the Anti-Discrimination Student Movement, which outlined five key demands, including the abolishment of the current constitution, the removal of President Mohammed Shahabuddin, and the dissolution of the BCL.

The Ministry of Home Affairs cited the BCL's history of serious misconduct over the past 15 years, including violence, harassment, and exploitation of public resources. The ban under the Anti-Terrorism Act takes effect immediately, it said in a gazette notification issued late on Wednesday.

Talking to our sister newsagency UNB this week, Dr Mahbub Ullah, former professor of the History Department at Dhaka University, said that the interim government should be granted adequate time to complete these reforms and hold a fair election.

"I see nothing wrong with their reform initiatives; these are essential tasks," he said, adding that political parties must understand the current realities. "If this government can carry out some of the reforms, it will be easier for the next government to function post-election," he added, stressing the need to address critical institutional issues.

Dr Mahbub Ullah also emphasised that a clear roadmap is required, allowing the government to identify problems, draft recommendations, implement reforms, and prepare for the election. "I can't specify how much time is needed, but it should neither be too long nor too short-just reasonable," he remarked.

Yet it is difficult to deny that the refusal to offer a timeframe for returning the country to an elected government is part of what is feeding an atmosphere of unrest in the country, and feeding the impression of instability. The week ended with the ban on Chhatra League, but it started out very much with President Shahabuddin Chuppu looking like the one whose head would roll, after his controversial remarks on the circumstances of Sheikh Hasina's resignation, or non-resignation, prior to fleeing the country on August 5.

In an interview with Manabzamin Chief Editor Matiur Rahman Chowdhury for a book, the president said he heard Sheikh Hasina had resigned as the prime minister, but he does not have any documentary evidence.

"I tried [to collect the resignation letter] many times but failed. Maybe she did not get the time," he added. The write-up that carries the conversation was published in the daily's political magazine "Janatar Chokh" last Sunday (Oct. 15).

Former bureaucrat Abu Alam Md Shahid Khan highlighted that reforms are a continuous process, pointing out that many systems have not been updated for 54 years.

He said that modernising these systems is the core responsibility of the interim government, led by Professor Muhammad Yunus.

"All stakeholders-including the public and political parties-are calling for reform. The key goal for the interim government, however, should be the peaceful transition to an elected government through a free and fair election," Shahid Khan added.

Referring to the past elections of 2014, 2018 and 2024, he noted that they did not meet the standards of genuine elections. According to Khan, reforms should prioritise the election commission, electoral systems and other election-related institutions, including the administration, law enforcement, and judiciary.

He also underscored the importance of securing the agreement of political parties on these reforms and engaging the public in shaping the proposals.

"The interim government should complete these reforms in a reasonable timeframe while ensuring that a fair election can take place, enabling a transition of power to an elected government," Khan said.

Political analyst Prof Anu Muhammad observed that public demand has grown for a system overhaul to build a more equitable society. He said that the interim government's establishment of various reform commissions reflects the public's desire for systemic change.

"The public wants an end to the rampant corruption in the banking sector, violence in educational institutions, and irregularities in the judiciary, health, and education sectors," said Prof Muhammad.

While the interim government does not have the mandate to implement all the proposed reforms, he argued that they should engage public opinion to drive further changes.

Prof Muhammad added that the government should focus on reforms related to the election process to ensure the next election is conducted fairly. "The remaining reforms could be left for the next political administration to implement."

Renowned election expert Dr Tofail Ahmed also stressed the importance of a neutral election-time government, suggesting that such a structure could resolve approximately 50% of the issues affecting election integrity.

On September 11, Chief Adviser Prof Muhammad Yunus announced the formation of six commissions to reform the constitution and five key institutions.

These commissions focus on electoral reform, police administration, judiciary, anti-corruption, public administration and the constitution. In October, four additional commissions were created to address mass media, health, labour rights and women's affairs.

BNP Senior Joint Secretary General Advocate Ruhul Kabir Rizvi on Wednesday (Oct. 23) said the people of the country are looking at the interim government with suspicion due to its delay in announcing a specific timeframe of the national election.

Speaking at a programme in the capital's Demra area, he urged the government to rein in the rising prices of daily essentials by taking action against the Awami business syndicate that controls the market.

"I would like to tell Dr Muhammad Yunus that you should carry out the reforms. But why do you hesitate so much to declare the election date? Democracy means that no matter what happens, you must clearly inform people as they have doubts about these matters," Rizvi said.

Justice, at what price?

Meanwhile, the process of justice for the victims of the revolution also seemed to have fallen into limbo, stoking further anger at the interim government. But the release of an open letter this week to the Ministry of Law, Justice and Parliamentary Affairs from New York-based Human Rights Watch, urging the interim government to amend the International Crimes (Tribunal) Act to ensure a fair and impartial judicial process as the tribunal issued arrest warrants against the ousted prime minister.

HRW issued the letter on October 21. The tribunal issued arrest warrants against Sheikh Hasina and 44 others including senior members of her cabinet on October 17.

"Mohammad Tajul Islam, the tribunal's chief prosecutor, said that Hasina presided over "massacres, killings and crimes against humanity," during mass protests against her government. According to the interim government's health minister, over 1,000 people were killed and many thousands injured due to excessive and indiscriminate use of ammunition by security forces during the protests, and violent attacks by her party supporters. Hasina, who eventually resigned and fled to India, has been ordered to appear before the court by 18 November," reads the HRW statement.

Julia Bleckner, senior Asia researcher at Human Rights Watch, said "Sheikh Hasina and others with command responsibility should be investigated, tried, and, if found responsible, held accountable for the widespread abuses committed during the protests in July and August. Ensuring fair trials will only strengthen the accountability process and is the only way to deliver genuine justice to victims and their families."

HRW said the tribunal, which was formed under Hasina's government in 2010 under a 1973 law written under the first government led by her father,to address crimes against humanity committed during the 1971 Liberation War, has previously been fraught with violations of fair trial standards. These violations have included failure of evidence gathering, lack of independent judges including some even colluding with prosecutors, witness tampering, denial of proper rights to defence, forcibly disappearing relatives of the accused, and the use of the death penalty.

"The tribunal has initiated a request for Hasina to be extradited to Bangladesh under the country's extradition agreement with India, so that she can face trial. Several other accused leaders have also fled to India or other countries. India and other relevant governments should support Bangladesh's justice process by adhering to extradition agreements once the Bangladesh government issues a moratorium on the death penalty and makes amendments to ensure that the accused will be safe and will face a fair trial in accordance with international standards," Human Rights Watch said.

The HRW said the interim government has issued important amendments to the International Crimes (Tribunal) Act, the law establishing the tribunal, including provisions for transparency by allowing the presence of international observers and for broadcasting trial proceedings and important requirements for victim and witness protection.

"Nevertheless, additional amendments are necessary to ensure that trials are fair and carried out in accordance with international standards and the rights enshrined in the Bangladesh Constitution."

Before moving ahead with trials, the interim government should adopt a moratorium on the death penalty and take steps to abolish capital punishment in line with international human rights law. It should also make amendments to ensure the due process rights of the accused. The government should additionally repeal Article 47(A) of the constitution to allow the accused protection of their constitutional rights, including the right to enforce their fundamental rights under Article 44 of the constitution, HRW adds.

The interim government should urgently create an adequately resourced witness and victim protection unit within the court administration.

HRW said banning an entire political party undermines human rights obligations.

"Among the amendments issued by the interim government is a proposal to ban a political organisation found to have committed, aided, or abetted crimes against humanity. While the role of political parties in grave abuses in Bangladesh should be addressed, a broad ban on an entire political party undermines other human rights obligations, including the right to free association, and sets a dangerous precedent that could allow the court to be politically weaponized."

This section should be amended to apply to individuals convicted of grave human rights abuses, instead of the political party with which they may be affiliated, unless the party itself is held responsible in law for such crimes, after a fair hearing. The authority to ban a party should be limited to courts, not ministers or other members of the executive branch."

Any prosecution should be rooted in fair trial standards, Human Rights Watch said. These include the presumption of innocence, the right of equal access to justice, and the right to trial before an independent, impartial, and competent court. They also include the right to present witnesses in one's own defence, and the right of defendants to see and be able to challenge the evidence and witnesses used against them, and the right to humane detention conditions.

"Without clear commitments to international standards, the interim government risks undermining the justice process," Bleckner said.

"Governments should extradite the accused, including Sheikh Hasina, to face trial as soon as the Bangladesh government issues a moratorium on the death penalty and makes amendments to ensure a fair trial."

The sooner this process can now begin, the better it will be to ease some of the pressure that has built up on the interim government.