Freedom of Association Is a Constitutional Right: Review Restrictions on Awami League

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The issue

Bangladesh stands at a critical moment.

This is no longer simply a question about the Bangladesh Awami League, Sheikh Hasina, the BNP, or any individual political leader.

It is a question about what kind of democracy Bangladesh intends to become  and whether constitutional rights will apply equally to everyone, including political opponents.

The Constitution of Bangladesh recognizes freedom of association as a fundamental right under Article 38, subject to restrictions permitted by law.

Yet one of Bangladesh’s oldest and historically most significant political parties remains prohibited from carrying out political activities.

The Awami League government fell on 5 August 2024 following the political upheaval of 2024.

In May 2025, the interim government led by Professor Muhammad Yunus prohibited Awami League political activities under the Anti-Terrorism Act pending proceedings before the International Crimes Tribunal. The Election Commission subsequently suspended the party’s registration.

Bangladesh has since returned to elected government, but these restrictions remain.

That raises a fundamental question:

Should millions of citizens lose their ability to organize politically because individuals associated with their preferred political party face allegations of wrongdoing?

 
BANGLADESH HAS BIGGER CHALLENGES TO CONFRONT

Bangladesh is facing serious challenges affecting ordinary families regardless of political affiliation.

The country has faced:

• Economic pressure and persistent inflation
• Rising poverty and weak investment
• Banking-sector instability
• Gas and electricity shortages
• Pressure on industries and employment
• Serious humanitarian and child-health needs
• Political violence and deepening polarization
• Increasing concerns about extremism and social instability

These challenges deserve the full attention of Bangladesh’s political institutions.

At such a critical moment, Bangladesh needs stability, functioning institutions, economic recovery and national reconciliation — not an endless cycle of political exclusion.

 
ACCOUNTABILITY MUST CONTINUE — BUT ACCOUNTABILITY IS NOT COLLECTIVE PUNISHMENT

The events surrounding 2024 involved extremely serious allegations, including deaths, human-rights violations and abuses of state power.

Those allegations should be independently investigated.

Anyone against whom credible evidence exists should face investigation and, where appropriate, prosecution before competent courts with full due process.

No former prime minister, minister, security official, opposition politician or activist should be above the law.

But there is an important difference between:

Holding individuals accountable for alleged crimes

and

preventing an entire political movement and its supporters from participating peacefully in political life.

Criminal responsibility should be determined individually through evidence and law.

Political legitimacy should ultimately be determined by citizens.

Justice and democracy can coexist.

 
POLITICAL EXCLUSION CAN BECOME A DANGEROUS CYCLE

Bangladesh must consider the precedent being created.

If one government can eliminate its principal political opponent from political life, what prevents another government from doing exactly the same thing in the future?

Today it may be the Awami League.

Tomorrow it could be the BNP.

It could be Jamaat-e-Islami.

It could be another political movement that does not yet exist.

And eventually, the same logic could be applied to civil-society organizations, journalists, student movements or advocacy groups.

Constitutional rights have meaning only when they also protect people and organizations that those in power strongly oppose.

Bangladesh cannot build a sustainable democracy if every change of government creates an opportunity to eliminate the previous political opposition.

That cycle must end.

 
THIS IS ALSO ABOUT REGIONAL STABILITY

Bangladesh is home to approximately 175 million people and occupies one of the most strategically important positions in South Asia.

Its stability affects not only Bangladeshis, but also:

• Regional trade
• Investment
• Migration
• Border security
• Relations with neighbouring countries
• Economic development across South Asia

Relations between Bangladesh and India have already become increasingly connected to disputes involving Sheikh Hasina, extradition requests and the political situation inside Bangladesh.

A stable and inclusive Bangladesh is therefore important far beyond its borders.

Political reconciliation should not be viewed as weakness. It should be viewed as part of national stability.

 
FREEDOM OF ASSOCIATION MUST APPLY TO EVERYONE

Article 38 of the Constitution of Bangladesh protects freedom of association while permitting restrictions in circumstances established by law.

That means restrictions affecting millions of citizens deserve the highest level of constitutional scrutiny.

Any continuing restriction on political participation should have:

• A clear legal basis
• Evidence supporting its necessity
• Due process
• Independent judicial review
• Proportionality
• A defined and reviewable justification

No restriction affecting such a significant portion of Bangladesh’s political population should simply continue indefinitely without transparent review.

 
WHAT GLOBAL JUSTICE NETWORK IS CALLING FOR

Global Justice Network calls for an immediate, independent and transparent constitutional and judicial review of the continuing restrictions imposed on the Bangladesh Awami League.

We call for:

1. Independent constitutional review

Examine the continuing restrictions against Article 38 and Bangladesh’s broader constitutional guarantees concerning association, assembly, expression and political participation.

2. Public legal justification

Clearly identify the specific evidence and legal grounds relied upon to continue prohibiting peaceful Awami League political activity.

3. Individual accountability — not collective responsibility

Anyone credibly accused of criminal conduct should face investigation and trial.

Ordinary members, voters and peaceful supporters should not automatically be held responsible for alleged crimes committed by others.

4. Restoration of peaceful political participation where restrictions cannot be justified

If continuing restrictions cannot satisfy constitutional requirements of legality, necessity, proportionality and due process, peaceful political participation should be restored.

5. Equal constitutional protection for every political party

The same principles must protect the Awami League, BNP, Jamaat-e-Islami, emerging political movements and future opposition parties.

6. An end to political retaliation

Bangladesh needs institutions strong enough that losing political power does not mean political extinction.

 
LET BANGLADESHIS DECIDE BANGLADESH’S POLITICAL FUTURE

This initiative does not ask for immunity for anyone accused of committing crimes.

It does not ask Bangladesh to forget the events of 2024.

And it does not require anyone to support a particular political leader.

It asks for something more fundamental:

Let justice be determined by independent courts.

Let criminal responsibility be established through evidence.

Let constitutional rights apply equally.

And let Bangladeshis determine their political future through democratic participation.

Bangladesh faces economic pressure.

Bangladesh faces energy insecurity.

Bangladesh faces humanitarian challenges.

Bangladesh faces political violence and polarization.

And Bangladesh faces the difficult task of rebuilding trust in its institutions.

The country cannot afford an endless political cycle in which one side attempts to eliminate the other.

A stable Bangladesh requires accountability.

A democratic Bangladesh requires political choice.

A constitutional Bangladesh requires freedom of association.

And a peaceful Bangladesh requires a system in which political disagreements are ultimately resolved through law, dialogue and the ballot box — not permanent political exclusion.

Global Justice Network
(For constitutional rights, democratic participation, accountability, equal justice and political stability in Bangladesh.)

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Kazi MamunPetition starter

The Decision Makers

Tarique Rahman
Tarique Rahman
Prime Minister of Bangladesh

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