CHIEF ELECTION COMMISSIONER RULES OUT RESIGNATION

C O N F I D E N T I A L DHAKA 006613

SIPDIS

SIPDIS

E.O. 12958: DECL: 11/07/2016
TAGS: PGOV KDEM BG
SUBJECT: CHIEF ELECTION COMMISSIONER RULES OUT RESIGNATION


Classified By: Ambassador Patricia Butenis, reason para 1.4 d.


1. (C) Summary. Controversial Chief Election Commissioner
Aziz told Ambassador the constitution and his commitment to a
successful election preclude his resignation. End Summary.


2. (SBU) On November 6, Ambassador and POLOFF (notetaker)
called on Chief Election Commissioner Muhammad Aziz. Also
present were the other three commissioners and the
commission's senior civil servant.


3. (C) Aziz assured Ambassador that all preparations are on
track for a free, fair, and timely election. His biggest
challenge has been dealing with the fallout from the
bickering of the two main political parties over the election
framework. He predicted the election schedule would be
announced in "about" two weeks, and blamed delays in
publishing the voter list on court cases (by Awami League
supporters) that are "designed to disrupt the election."


4. (C) Asked about widespread demands from Bangladesh and
international observer groups that the Election Commission be
"reconstituted," Aziz, a retired high court justice, argued
that the constitution prevents the caretaker government from
naming new commissioners, either to increase the commission's
size or to replace departed commissioners, because such
action would constitute policy making and be reserved for an
elected prime minister. Strict adherence to the
constitution, he said, should be the only course for breaking
the current political impasse.


5. (C) Aziz asserted that he and his staff are neutral and
have sought talks with an unresponsive Awami League. Asked
if the commission would be willing to reach out, perhaps in
the form of a working group, to the Awami League to discuss
their concerns, Aziz assented "if the right atmosphere
exists." Commissioner Zakaria later told us this means
agreeing to abide by the constitution.


6. (C) At her request, Ambassador then met privately with
Aziz for 15 minutes to press him on the resignation option.
Aziz categorically ruled out resignation, saying the
constitution and his commitment to deliver a successful
election preclude his resignation. He said his conscience is
clear, and, "inshallah" (God willing),he will never resign.
Asked how he would react if he were asked to resign by the
highest levels of the Bangladesh Nationalist Party, Aziz said
he would still say no.


7. (C) Comment: Publicly and privately, Aziz stoutly rejects
resignation as an option. His argument that he could not be
replaced per the constitution is new and is in fact false.
Commissioner Zakaria told us later he pointed out the error
to Aziz, who accepts he got it wrong and that a chief
election commissioner was appointed during the 1996 caretaker
government. The relevant point, though, is that the
beleaguered Aziz is scrambling for new justifications to hang
on.
BUTENIS