Constitution Writing & Conflict Resolution
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Bangladesh 1979

On April 5, 1979, Bagladesh's legislature ratified the Fifth Amendment to the constitution of 1972. The amendment validated all the orders and actions of the military governments that had staged coups since the assassination of President Sheik Mujib in 1975. It provided legal protection from prosecution for the members of the military. At the same time, possibly in response to pressure from countries that gave Bangladesh foreign aid, the amendment legalized political parties, lifted martial law, and restored fundamental civil and political rights.

A rountable discussion with President Zia, held in the capital city, began the initial negotiations for change. Twelve opposition leaders negotiated over the conditions needed to allow them to participate in national elections for a new parliament. They called for the release of political prisoners and General Zia’s retirement from the military if he wanted to continue in politics as president. Although the national elections were delayed twice, after a campaign period of 80 days, 300 delegates, representing all the parties, were elected to parliament in free elections. Many of the delegates were retired military. Thirty seats were reserved for women who were elected by the 300 “open-seat” MPs.

Delegates with the responsibility for drafting the Fifth Amendment used the initial language from earlier roundtable negotiations. The regular legislature could vote on the Fifth Amendment only and could not introduce their own alternatives. A 2/3 vote in the legislature approved the amendment.

NOTE; President Zia was assassinated in 1981. Within a year, a coup established martial law under General Ershad.


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