Home World News Why Banning the Awami League is Illegal and Unethical in Bangladesh?

Why Banning the Awami League is Illegal and Unethical in Bangladesh?

Opinion By Eng Shafiq Islam (Political Analyst)

Awami League
Awami League. Nirvik12, Public domain, via Wikimedia Commons

A Dangerous Precedent in a Transitional Phase

The banning of the Bangladesh Awami League (AL) by the interim government formed after the July 2024 revolution represents a critical moment in the nation’s political trajectory. Despite legitimate criticisms of its governance in recent years, the Awami League remains a party with profound historical significance, constitutional legitimacy, and a large democratic base. Prohibiting its political participation undermines the very democratic ideals that revolutions often claim to restore. Both legally and ethically, such a ban threatens Bangladesh’s political stability, historical continuity, and the foundational principles of democratic governance.

 Legal and Constitutional Violations

Banning the Awami League (AL) from politics and elections is widely considered illegal under both national and international law. The Constitution of Bangladesh guarantees the right to political association and participation (Articles 37, 38, 39) ((The Constitution of the People’s Republic of Bangladesh, 1972)), and such a ban fundamentally undermines these rights, which are the foundation of democratic governance (The Daily Star, 2025). As a signatory to the International Covenant on Civil and Political Rights (ICCPR), Bangladesh is also bound by international law to protect free association and participation in political life. Outlawing a major political party like the AL breaches these commitments and attracts global criticism (The Daily Star, 2025). Furthermore, legal experts have noted that dissolving a political party requires judicial oversight under the Political Parties Ordinance of 1978, ensuring due process and legal scrutiny. The current ban, imposed by executive order, bypasses these safeguards, making its legality questionable (The Diplomat, 2025).

Democratic and Ethical Concerns

From a democratic and ethical standpoint, banning the AL is deeply problematic. The AL is one of the oldest and largest political parties in Bangladesh, with deep historical roots and a broad support base (Wikipedia, 2025). Its exclusion strips millions of citizens of their political representation, undermining pluralism and disenfranchising a significant portion of the electorate (DW, 2025). Historical precedent shows that banning popular parties rarely eliminates their influence; instead, it often drives them underground, fuels radicalization, and increases instability, as seen in cases like Egypt’s Muslim Brotherhood (BBC News, 2014). Ethically, governance requires holding individuals accountable for proven crimes, not punishing entire organizations and their supporters. Most AL members and voters had no involvement in alleged crimes; banning the whole party constitutes unjust collective punishment (Pereira et al., 2015).

Erasing a Foundational Legacy: From 1949 to 1971

The Awami League is far more than an ordinary political party; it is a historic force that fundamentally shaped the destiny of Bangladesh. From its inception in 1949, the Awami League became the vanguard of the Bengali nationalist movement, championing the rights and aspirations of the people of East Bengal. Its pivotal role in the 1952 Language Movement established the primacy of the Bengali language and identity in the face of state repression, setting the stage for future struggles (Jahan, 2005).

The party’s leadership during the Six-Point Movement of 1966 articulated the demand for autonomy and self-determination, galvanizing mass support and challenging the central authority of Pakistan (Mascarenhas, 1986). The Awami League’s sweeping victory in the 1970 general election provided it with a clear democratic mandate, which the Pakistani regime refused to honor. This denial of democracy directly led to the outbreak of the 1971 Liberation War.

During the war, the Awami League–led Mujibnagar Government provided not only political leadership but also international legitimacy to Bangladesh’s independence movement. This government coordinated the resistance, maintained diplomatic ties, and represented the Bengali cause on the world stage (Jahan, 2005; Mascarenhas, 1986).

To ban such an institution is not merely a political act—it is an erasure of the very legacy that gave birth to Bangladesh. It is not only unethical but also an affront to the national identity and collective memory of the Bangladeshi people. The Awami League’s history is inseparable from the history of Bangladesh itself, and any attempt to erase or delegitimize that legacy undermines the foundations upon which the nation stands.

  1. Contributions to Nation-Building and Infrastructure Development

Despite governance challenges, the Awami League’s contributions to development—particularly between 1996–2001 and 2009–2024—are undeniable. The party spearheaded massive infrastructure projects including the Padma Bridge, Dhaka Metro Rail, Karnaphuli Tunnel, and rural electrification programs. The “Digital Bangladesh” initiative expanded ICT access and modernized public services. These achievements were widely acknowledged by international organizations, including the World Bank and UNDP, for contributing to sustained GDP growth and poverty reduction (World Bank, 2022; UNDP, 2021). Banning the very party that advanced such progress creates a rupture in national development continuity.

Political Ethics and the Principle of Due Process

Banning an entire political party due to the alleged misconduct of certain leaders violates the principle of individual accountability. Ethical governance requires distinguishing between criminal responsibility and collective political suppression. Instead of prosecuting individuals through lawful procedures, the ban punishes millions of party supporters who hold diverse and legitimate political beliefs. It replaces justice with revenge and undermines political pluralism, which is essential for a healthy democracy (Sen, 2009). Such collective punishment is not only unethical but dangerously authoritarian.

International Law and Democratic Norms

Bangladesh is a signatory to the International Covenant on Civil and Political Rights (ICCPR), which guarantees every citizen the right to participate in public affairs (Article 25). Banning a major political party, especially one with documented mass support, directly violates this obligation. Precedents from countries like Egypt, Turkey, and Pakistan show that banning popular opposition groups often results in civil unrest, authoritarian backlash, and international sanctions. The Human Rights Committee of the United Nations has repeatedly emphasized that party bans must be a last resort and based on demonstrable threats to national security—not political rivalry (UNHRC, General Comment No. 25, 1996).

 Risks to Stability and Democracy

Excluding a major party from the political process risks mass disenfranchisement, potential unrest, and long-term instability (DW, 2025). It may also encourage authoritarian tendencies by removing checks on the ruling authority. The ban extends to all forms of expression, including press statements and social media, threatening freedom of speech, assembly, and the press. This creates a climate of fear and suppresses civil liberties, as any expression of support for the AL can be treated as a criminal act (Prothom Alo, 2025).

 International and Domestic Backlash

The United Nations and international human rights organizations have warned that banning political parties undermines democracy and risks disenfranchising millions, damaging Bangladesh’s international reputation (The Daily Star, 2025). Domestically, the ban is widely seen as illegitimate by the party itself, its supporters, and many neutral observers, undermining the legitimacy of the interim government and the electoral process (DW, 2025).

Democracy Cannot Be Rebuilt by Destroying It

In conclusion, banning the Awami League is both legally indefensible and morally unjust. It contradicts the Constitution, disrespects the party’s foundational role in nationhood, dismisses its modern developmental achievements, and silences the political voices of millions. If Bangladesh is to move forward after the 2024 revolution with democratic credibility, it must restore pluralistic participation and uphold the rule of law. Suppressing the Awami League is not a step toward democracy—it is a step away from it. Justice and democracy demand reform and accountability, not political erasure.

References:

  • Albd.org. (2024). Awami League brings Bangladesh’s all achievements from liberation to development.
  • Banglapedia. (1996). Bangladesh Awami League.
  • BBC News. (2014). Egypt court bans Muslim Brotherhood’s political wing.
  • Constitution of the People’s Republic of Bangladesh. (1972).
  • DW. (2025). Bangladesh: What does the ban of Sheikh Hasina’s party mean?
  • Jahan, R. (2005). Bangladesh Politics: Problems and Issues. University Press Limited.
  • Mascarenhas, A. (1986). Bangladesh: A Legacy of Blood. Hodder & Stoughton.
  • Pereira, A., Berent, J., Falomir-Pichastor, J. M., Staerklé, C., & Butera, F. (2015). Collective punishment depends on … University of Geneva.
  • Prothom Alo. (2025). The risks of banning Awami League activities.
  • Sen, A. (2009). The Idea of Justice. Harvard University Press.
  • The Daily Star. (2025). Ban on Awami League and future actions.
  • The Diplomat. (2025). Is Bangladesh’s Awami League Ban a Step Toward Justice or a Democratic Backslide?
  • Transparency International Bangladesh. (2019). Election Integrity Report.
  • UNDP. (2021). Human Development Report: Bangladesh.
  • United Nations Human Rights Committee. (1996). General Comment No. 25 on ICCPR Article 25.
  • Wikipedia. (2025). Awami League.
  • World Bank. (2022). Bangladesh Development Update.

Opinion By Eng Shafiq Islam (Political Analyst)