The recent events in Bangladesh resulting from the student protests leading to ouster of the former Prime Minister Sheikh Hasina has raised several questions, most importantly on the power of the interim government in international law and the significance of such an interim government globally.
Well-known Nobel laureate Prof: Mohammad Yunis is the head of this government. Under his advisory, Bangladesh is planning to develop institutions that according them are destroyed by Sheikh Hasina government. Under International law, there is no difference between an interim government and a permanent government. This law is more concerned about the state and less about the form of government. However, there is a law for the recognition of government. This process has two systems ie. de jure recognition and de facto recognition.
Soon after the new interim government took charge of Bangladesh almost all the nations have recognised the interim government led by Mohammad Yunis. It shows the government is recognized by international community as a whole. No state has withdrawn the recognition, which is completely contrary to the situation of Afghanistan, where few states recognized the government.
In addition, the interim government has the capacity to enter into foreign relation. If this government signs any treaty or convention, it will be valid in international law. International Court of Justice in Cameron v Nigeria case, held that, the form and changes in the constitution will not affect the treaty signed by previous governments. Similarly, the participation of an interim government in any international organization will be legal in international law, but ethically may not be proper for them to sign any important treaty during their tenure.
Furthermore, as Bangladesh is claiming that they are in a process of transition as their country was destroyed by the previous regime, therefore, the question is how far the non-elected government is capable of taking decisions for the country as different international organizations argue for the democratic government otherwise the change will not sustain and lead to unrest in Bangladesh again.
In this context, it is important to understand the legal distinctiveness and exceptional use of interim governments for understanding what they are, why they are enacted, and whether they perform successfully.
In simple terms, around the world, interim (temporary) governments are enacted as bridges to peace and democracy who are expected to deliver fragile societies from conflict and authoritarian rule. For example, examples the Germany’s basic law, enacted by west german states in the wake of World War II pending reunification, or South Africa’s interim constitution legally marking the end of apartheid, the interim constitutions in Afghanistan and Iraq following American-led invasions and regime changes, and those enacted in Egypt,
Tunisia, and Libya in the wake of the Arab spring It needs to be understood that the ultimate aim of such interim governments should be to establish democracy which is about achieving a balance between dissent and agreement and not zero-sum scorched earth attacks on anyone who does not follow the orthodoxy of one political group. This sentiment was also echoed during the 1993 Vienna World Conference on Human Rights, according to its final statement, “Democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing”.
Moreover, according to Article 21 of the UDHR, ‘‘The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by
equivalent free voting procedures”.
Going forward, as interim governments play a critical role in transitioning states from authoritarianism to democracy. Bangladesh’s current interim government, led by Professor Yunus, enjoys international recognition, underscoring its legal legitimacy under international law. However, ethical challenges persist, particularly regarding the appropriateness of interim governments engaging in long-term international commitments.
Ultimately, the success of an interim government depends on its ability to foster democracy, ensure the protection of human rights, and manage a peaceful transition that reflects the will of the people. As history has shown, interim governments must aim not only to govern but also to lay the foundation for a more democratic and stable future.
Abhinav Mehrotra is an Assistant Professor at O.P. Jindal Global University. His research interests include International law, Human rights law, UN studies, Refugee law, Child rights, and Transitional Justice. Dr. Biswanath Gupta is an Associate Professor at O.P. Jindal Global University. His research interests include International Law, Air and Space Law.