Expatriate Representation: Writ Filed for Reserved Parliamentary Seats

Md. Shawkat Alam Faisal: The recent filing of a Writ in the High Court, seeking reserved seats for non-resident Bangladeshis (NRBs) and expatriates in the National Parliament, is spearheaded by Abul Kalam Azad, an expatriate in the United States. This move, confirmed by Deputy Attorney General Amit Dasgupta on November 5, aims to advocate for the representation of expatriates in the parliamentary system.

Abul Kalam Azad, along with S. M. Rafiqul Parvez, submitted an application on October 15 to reserve specific seats in the National Parliament for expatriates and to appoint an expatriate welfare minister. Highlighting the plight of approximately two and a half million expatriate Bangladeshis who lack equal opportunities compared to other citizens, the application argues that not reserving seats for these individuals is discriminatory, conflicting with the fundamental rights enshrined in the country’s Constitution.

The petition underscores that while the Constitution guarantees equal rights for all citizens, the expatriate community faces various challenges both within and outside Bangladesh. Their lack of representation in the parliament further exacerbates their inability to voice their concerns effectively.

The petitioners stress that the absence of parliamentary representation for expatriates leads to an unequal distribution of rights and a lack of advocacy for their needs. To address this disparity, the plea to reserve specific parliamentary seats for expatriates is considered a reasonable and justifiable request.

Following the lack of response to their initial application, a writ was filed in the High Court on November 1, seeking directives to dispose of the petition and to take necessary steps to reserve seats in the National Assembly for expatriates. The request for the court to issue a rule emphasizes the urgency and importance of addressing the issue of representation for expatriates in the national legislature.

The plea encapsulates the need for equitable representation and fair treatment for expatriates in Bangladesh, highlighting the importance of their voices in shaping policies that directly affect their lives both within the country and as significant contributors to the nation’s economy through remittance.

The quest for reserved parliamentary seats for expatriates stands as a call for inclusivity, equality, and the acknowledgment of the invaluable contributions made by this segment of the population, urging the government and legal entities to consider and address their justifiable demand for representation.

Pros of reserved parliamentary seats for non-resident Bangladeshis (NRBs) and expatriates:

1. Representation: It provides a platform for expatriates to have a voice in their home country’s decision-making processes.
2. Inclusivity: Offers a more inclusive political system, recognizing the contributions and concerns of expatriates.
3. Diverse Perspectives: Integrates diverse perspectives, experiences, and ideas into national policies and discussions, benefiting from the global experiences of the expatriate community.
4. Remittance Ties: Acknowledges the significant economic contributions made by expatriates through remittances, allowing them to have a say in policies affecting these crucial financial flows.

Cons of reserved parliamentary seats for NRBs and expatriates:

1. Complexity in Implementation: Determining eligibility, selection processes, and the number of seats could be challenging and subject to manipulation.
2. Question of Representation Legitimacy: Some argue that expatriates might not have the full understanding of current on-ground situations and, therefore, might not represent the population effectively.
3. Risk of Division: Could potentially create divisions between expatriates and residents, leading to a perception of unequal treatment or privilege.
4. Potential Lack of Accountability: Expatriate representatives might not be directly accountable to those residing in Bangladesh, potentially resulting in a disconnect between the representatives and the populace they are meant to represent.

In conclusion, the High Court faces a critical juncture in addressing the plea for reserved parliamentary seats for non-resident Bangladeshis (NRBs) and expatriates. The decision holds the potential to either pave the way for inclusive representation or navigate the complexities and challenges associated with the implementation of such a system. Balancing the aspirations for fair representation with the intricacies of governance and societal integration stands as a significant responsibility for the court in shaping the future of political inclusivity in Bangladesh.

Md. Shawkat Alam Faisal is an LL.B (Hons.) Graduate and LL.M (International Law) Candidate at the Department of Law, University of Rajshahi.