jurisdiction, in view of the Children Act, 1974.39
Right to Political Participation:
The normative?? position in favour of democratic
governance, which has been translated into international
law as an ‘entitlement’ in recent years, is also well
accommodated in the Constitution of Bangladesh. The
Constitution not only declares democratic governance as
one of the fundamental principles of State policy,40 but also
stipulates that “[t]he Republic shall be a democracy in which
fundamental human rights and freedoms and respect for the
dignity and worth of the human person shall be guaranteed
[...] and in which effective participation by the people
through their elected representatives in administration at all
levels shall be ensured.”41 The Representation of the People’s
Order (Amendment) Ordinance 2008 significantly changed
the electoral law that had been in place since 1972, in an
attempt to address corruption in politics. The major political
parties considered some of the new provisions in the bill,
such as the abolition of students’ and women’s wings and
foreign chapters, to be undemocratic, but they accepted the
changes with some reluctance and revised their party
constitutions. Under the amended Ordinance, candidates
must reveal information about their education, wealth, and
criminal records when they file to run for parliament.
Election financing and campaign mechanisms are also to be
41
40
Article 11 of the Constitution. See also, the preamble, and articles 7 (1) and 59
(1) of the Constitution.