Describe a Justify the Realistic Negotiation Style Process Solution in Consideration Caretaker Govt. for Political Party

The alarming issue in Bangladesh is the debating on Caretaker government whether it could be resumed or not. The political parties of Bangladesh are divided on this point and regarding to this matter political environment is going to be worse day by day. Every citizen of Bangladesh and civil society feel very anxiety about country. Everybody wants peaceful political environment and solve this issue.  The coming election to be free and fair needs peaceful political environment as well. Therefore, There is a badly need to negotiate among the political parties to extinguish the uncertain political environment for country.
Subject matter of Negotiation: Caretaker govt.
In Bangladesh, There are 8 political parties who are now representing the people of Bangladesh in the house of nation. In last election, 39 parties participated in National General election. That the election was 9th parliament election held under the caretaker govt. led by Dr. Faqruddin Ahmed. Due to controversial opinion of political parties especially Major two party Al and NBP, 1/11 one-eleven was happened and Govt. backup by military came in Bangladesh. For this unhappy satiation, present ruling party 14 alliance led by Al void the 13the Amendment of BD constitution on the basis of verdict 13th Amendment case. By this verdict caretaker govt. system was declared nail and void. But opposition party was absent at that time in parliament and opposition party is now totally opposite to this activities of parliament. They claim that they will not participate in future election without restoring C.G. system. To establish their claim, they have already declared many programme including hartal though it is damaging our country. So as if there were any alternative process which would be better for our country, for the people, as well as political parties any step has taken yet. But there is an alternative process to dissolve the dispute and this is the Negotiation among political parties. The subject matter of Negotiation is restoring caretaker government for political party. By Negotiation every political party will be win and come to end without dedicating any people or their worker. So it can be termed as win and win process as no one is defeated.
Definition of Caretaker Government
Caretaker government is a type of government that rules temporarily. A caretaker government is often set up following a war until stable democratic rule can be restored, or installed, in which case it is often referred to as a provisional government. In some countries (including Australia and New Zealand) the term is used to describe the government that operates in the interim period between the normal dissolution of parliament for the purpose of holding an election and the formation of a new government after the election results are known.
Caretaker governments may also be put in place when a government in a parliamentary system is defeated in a motion of no confidence, or in the case when the house to which the government is responsible is dissolved, to rule the country for an interim period until an election is held and a new government is formed. This type of caretaker government is adopted in Bangladesh where an advisor council led by the former chief judge rules the country for three months before an elected government takes over. In systems where coalition governments are frequent a caretaker government may be installed temporarily while negotiations to form a new coalition take place. This usually occurs either immediately after an election in which there is no clear victor or if one coalition government collapses and a new one must be negotiated.[1] Caretaker governments are expected to handle daily issues and prepare budgets for discussion, but are not expected to produce a government platform or introduce controversial bills.
The Caretaker Government of Bangladesh is a form of government system in which the country is ruled by a selected government for an interim period during transition from one government to another, after the completion tenure of the former. As the outgoing government hands over their power, the caretaker government comes into place. Members of the caretaker government do not belong to any political party; nor are they allowed to contest the elections. The main objective of the caretaker government is to create an environment in which an election can be held in a free and fair manner without any political influence of the outgoing government. It is not empowered to take any policy decisions unless it is necessary. The head of the Caretaker government is called the Chief Adviser and is selected by the President, and the Chief Adviser selects the other advisers. The administration is generally distributed between the advisers. The Chief Adviser and the other advisers are committed for their activities to the President.
Background of CG in BD
A caretaker government was first introduced in 1990 when three party alliances jointly made a demand for it. After the forced resignation of General Ershad, the three alliances nominated Chief Justice Shahbuddin Ahmed as the Chief Advisor. A Caretaker government is headed by a Chief Adviser who enjoys the same power as the regular prime minister of the country except defense matters. The Advisors function as Ministers. Since 1996, the Caretaker government has held the elections of 1996, 2001 and 2008. Although the first caretaker government was intended to help the transition from authoritarianism to democracy, this system was constitutionalized in 1996 by the Sixth Parliament dominated by Bangladesh Nationalist Party, yielding to boycotting opposition pressure.
Constitution and CG
One of the more interesting contitutional innovations of recent times is the Bangladeshi Non-party caretaker government. This is covered in chapter IIA of the Bangladesh Constitution.
Bangladesh is a parliamentary system with a largely ceremonial President who is appointed by the Parliament. The Executive is embedded is the Legislative, similar to the Australian Westminster style systems.
In Australia the caretaker convention is that the Government does not do anything odd, unusual, or out of the ordinary during an election period in relation to governance. In most of these convention instances they remain valid only as long as someone doesn't break them.
For instance the convention prior to 1975 in Australian Federal parliament was that the States would appoint a Senator of the same party as an outgoing one. This did not happen twice in the run up to the Dismissal and soon after a constitutional amendment came down forcing this behaviour.
Presumably, a Bangladeshi government did not honour the caretaker convention, and the Bangladeshis, unwilling to trust any party machine with the caretaker convention, took over the running of government themselves during this period.
The Non-party Caretaker Government is headed by a Chief Advisor who adopts the role of Prime Minister and advises the President as head of the Executive. The Chief Advisor and up to ten other non-party advisors comprise a citizens executive cabinet and are appointed by the President.
The Chief Advisor is the last retired Chief Justice. The other advisors cannot be members of parliament, cannot be running for election, cannot be members of a party and must be under seventy-two years of age. This mixes community specialists with a judicial specialist.
The constitution grants the Chief Advisor and Advisors the remuneration and status of the Prime Minister and Ministers respectively during this period.
Like the caretaker conventions in Australia which implies no policy decisions will be made by an interim government, the Bangladesh constitution entrenches this requirement and the Non-party Caretaker Government is excluded from making policy.
From the Constitution
58B. Non-Party Care-taker Government
(1) There shall be a Non-Party Care-taker Government during the period from the date on which the Chief Adviser of such government enters upon office after Parliament is dissolved or stands dissolved by reason of expiration of its term till the date on which a new Prime Minister enters upon his office after the constitution of Parliament.
(2) The Non-Party Care-taker Government shall be collectively responsible to the President.
(3) The executive power of the Republic shall, during the period mentioned in clause (1), be exercised, subject to the provisions of article 58D(1), in accordance with this Constitution, by or on the authority of the Chief Adviser and shall be exercised by him in accordance with the advice of the Non-Party Care-taker Government.
(4) The provisions of article 55(4), (5) and (6) shall (with the necessary adaptations) apply to similar matters during the period mentioned in clause (1).
58C. Composition of the Non-Party Care-taker Government, appointment of Advisers, etc.
(1) Non-Party Care-taker Government shall consist of the Chief Adviser at its head and not more than ten other Advisors, all of whom shall be appointed by the President.
(2) The Chief Adviser and other Advisers shall be appointed within fifteen days after Parliament is dissolved or stands dissolved, and during the period between the date on which Parliament is dissolved or stands dissolved and the date on which the Chief Adviser is appointed, the Prime Minister and his cabinet who were in office immediately before Parliament was dissolved or stood dissolved shall continue to hold office as such.
(3) The President shall appoint as Chief Adviser the person who among the retired Chief Justices of Bangladesh retired last and who is qualified to be appointed as an Adviser under this article:
Provided that if such retired Chief Justice is not available or is not willing to hold the office of Chief Adviser, the President shall appoint as Chief Adviser the person who among the retired Chief Justices of Bangladesh retired next before the last retired Chief Justice.
(4) If no retired Chief Justice is available or willing to hold the office of Chief Advise, the President shall appoint as Chief Adviser the person who among the retired Judges of the Appellate Division retired last and who is qualified to be appointed as an Adviser under this article:
Provided that if such retired Judge is not available or is not willing to hold the office of Chief Adviser, the President shall appoint as Chief Adviser the person who among the retired Judges of the Appellate Division retired next before the last such retired Judge.
(5) If no retired judge of the Appellate Division is available or willing to hold the office of Chief Adviser, the President shall, after consultation, as far as practicable, with the major political parties, appoint the Chief Adviser from among citizens of Bangladesh who are qualified to be appointed as Advisers under this article.
(6) Notwithstanding anything contained in this Chapter, if the provisions of clauses (3), (4) and (5) cannot be given effect to, the President shall assume the functions of the Chief Adviser of the Non-Party Care-taker Government in addition to his own functions under this Constitution.
(7) The President shall appoint Advisers from among the persons who are-
1. qualified for election as members of parliament;
2. not members of any political party or of any organization associated with or affiliated to any political party;
3. not, and have agreed in writing not to be, candidates for the ensuing election of members of parliament;
4. not over seventy-two years of age.
(8) The Advisers shall be appointed by the President on the advice of the Chief Adviser.
(9) The Chief Adviser or an Adviser may resign his office by writing under his hand addressed to the President.
(10) The Chief Adviser or an Adviser shall cease to be Chief Adviser or Adviser if he is disqualified to be appointed as such under this article.
(11) The Chief Adviser shall have the status, and shall be entitled to the remuneration and privileges, of a Prime Minister and an Adviser shall have the status, and shall be entitled to the remuneration and privileges, of a Minister.
(12) The Non-Party Care-taker Government shall stand dissolved on the date on which the prime Minister enters upon his office after the constitution of new parliament.
58D. Functions of Non-Party Care-taker Government
(1) The Non-Party Care-taker Government shall discharge its functions as an interim government and shall carry on the routine functions of such government with the aid and assistance of persons in the services of the Republic; and, except in the case of necessity for the discharge of such functions its shall not make any policy decision.
(2) The Non-Party Care-taker Government shall give to the Election Commission all possible aid and assistance that may be required for bolding the general election of members of parliament peacefully, fairly and impartially.
58E. certain provisions of the Constitution to remain ineffective
Notwithstanding anything contained in articles 48(3), 141A(1) and 141C(1) of the Constitution, during the period the Non-Party Care-taker government is functioning, provisions in the constitution requiring the President to act on the advice of the Prime Minister or upon his prior counter-signature shall be ineffective.
Constitutional Amendment (15th) to scrap CG
The Parliament of Bangladesh, the Jatiyo Sangsad, passed the Constitution (15th Amendment) Bill, 2011 on 30 June 2011 to amend its constitution under which the caretaker government system for holding general elections was scrapped. The bill which contained 15 proposals was passed by division vote with a majority of 291-1. However, amendments moved by ruling alliance opposing Islam as the state religion and religion-based politics were rejected. Islam has been retained as the state religion along with Bismillahi-Ar-Rahman-Ar-Rahim.
Need of realistic negotiation among political parties
Senior Supreme Court lawyer Dr Kamal Hossain argued for saving the system of non-party caretaker government as it was introduced through the 13th Amendment to the Constitution in 1996 following a mass movement. He argued before the Appellate Division of the Supreme Court that the non-party caretaker system had to be introduced as neither the civil society nor the political parties outside the government thought that free, fair and neutral polls could be held under a political government. During the hearing of an appeal against the High Court verdict that had declared the Thirteenth Amendment valid, Dr Kamal Hossain said, if there were flaws in the system they could be removed through consultations, but the apex court should not question the legality of the system considering “the interest of the people.”
Now that the issue of whether or not to do away with the caretaker government system has resurfaced should we look with fresh eyes at a system that has served us well through three elections?  Nobody in their right minds can possibly wish a return of the old system that always became “a free for all.” Therefore the demand for doing away with the caretaker government system should be turned down by the Supreme Court for one simple reason - the people have come to rely on it to oversee the polls. If its loss creates a crisis of confidence in the electoral and constitutional process, this is something no one will welcome, as the national polls are the most critical exercise of democratic freedom. 
By making a choice to not stay within the bounds of the parameters set for politicians, at the time when it was introduced a very dangerous situation had emerged that called for such a system. In other words, the caretaker system was the manifestation of the distrust that guides the relationship between the two major political parties since the fall of the Ershad regime, which is still continuing unabated. 
The question before us all is did the system live up to expectations?  Most will say a positive yes with the exception of the caretaker government headed by Prof Iajuddin Ahmed that was forced to resign under pressure from the army. Even so the government that took over from him was installed under the constitutional provision of the non-party caretaker government.
A caretaker government, and the political parties, must follow the principles as laid down in the Constitution. The immediate past caretaker government took root in the Constitution in the form of the 13th Amendment and although at that time we believed this was the final shape, there must have been some legal loopholes in the system that gave some people a chance to grab power.  But we must remember that the system was introduced in response to the need of the day with the intent of making the general elections above board.
The provision of a caretaker government was once a very big political issue for which the Awami League came on to the street to unseat the BNP government after the controversial election of February 1996. Before leaving office, the BNP government amended the Constitution to introduce the system.  Today Sajeda Chowdhury, deputy leader of the house, went on record by saying, “We do not need a caretaker government if we can strengthen the Election Commission.”
Today when we have a democratically elected government in power, we must consider anew whether or not the system of a caretaker government is an affront to democracy. As a system peculiar to Bangladesh we must consider if the system is as full of holes as has been claimed.  As its powers and functions are divided between the head of government and the president, critics may have a point because it created two separate and potentially conflicting institutions.
But three elections held under the system were all judged to be free and fair, and people tend to believe that if the system is discontinued there would be a crisis of confidence in the electoral and constitutional process. Therefore, before we consider the pros and cons we must remember that, before it came into existence, Bangladesh was always in a state of political instability. 
However, if the government wants democracy to survive without a caretaker government to keep the peace they, and the opposition members, must start acting like the true representatives of the people. 
We should remember that the provision for a caretaker government was incorporated into the Constitution on the basis of consensus among all the political parties. A consensual arrangement brought about by the constant threat of internal disorder should not easily be thrust aside. 
Besides the caretaker system is the manifestation of the distrust that has guided the relationship between the two major political parties and though we may have hoped that our politicians would mature over time and learn to conduct their affairs with dignity and prowess, this has not happened.
Therefore it is better to continue a system that has served the nation well. The demand for casting aside the caretaker government system must, therefore, be turned down by the government, opposition and the electorate as its loss will create a crisis of confidence in the electoral process and the constitutional process.
After coming this far up the democratic ladder, this is something none of us should welcome, as the national polls are the most critical exercise of democratic freedom.  And now that we have achieved a position where our election process is by and large free and fair, the prospect of making any changes is alarming.  By making the choice not to stay within the bounds of the parameters set for politicians, a dangerous situation had emerged that called for this unique system.  In other words, it was the manifestation of the distrust that has guided the relationship between the two major political parties.
However a caretaker government must follow the principles as laid down in the Constitution.  Dr Kamal Hossain pointed out that there was no controversy among the people about the caretaker system and that surely should be the issue.
Elderly lawyer and constitution expert Barrister Rafiq-ul Haque said that the Appellate Division verdict on the caretaker government system is contradictory. The court ruled that the verdict will have immediate effect. But it is also said that the 10th and 11th parliament elections will be held under the caretaker government. This is completely a self-contradictory verdict.
He said: 'Without being illegal the Thirteenth Amendment of the constitution, I proposed dropping the judges. Because, this provision is tarnishing the image of the judiciary. The Appellate Division declared the amendment illegal accepting our submissions. The court cannot formulate or amend laws. The elections could be held under the existing provision unless and until parliament changes the provision. The chief justice or the court cannot formulate or amend laws. The elections will be held under the caretaker government until and unless parliament changes the caretaker government system.'
Khandkar Mahbub Hossain, Supreme Court Bar Association president and senior advocate, said that it was not possible to arrive at a just conclusion regarding the Supreme Court verdict on the 13th Amendment of the constitution. This verdict has created confusion. The Supreme Court verdict has declared the 13th Amendment null and void and contradictory to the constitution. Again the verdict said the 10th and 11th parliament could be formed under the caretaker government. The verdict said: 'It could be.' If so who will determine the matter. Nothing has been said in relation to this.
He said that there is a parliament in the country. The Appellate Division is issuing instructions to parliament. At this, a question normally arises who is sovereign? Whether the country will run at the instruction of the Supreme Court? The verdict has undermined the role of parliament elected by the people. The judiciary could be saved if the Appellate Division gave a clear guideline. The scrapping of the caretaker government system without taking firm decisions on related issues might whip up agitations in the political arena.
Seeking anonymity, a former chief justice said that Bangladesh was likely to enter a phase of political anarchy if the caretaker government system was abolished. This will create such a volatile situation in the country and might provoke extra-constitutional forces to seize state power. A two-year Army-supported unusual government assumed power in 2007 because of a hell bent attitude of the ruling party at that time and earlier occasions. The Army-supported government took unprecedented measures to suppress the country's political forces. He said that it would be difficult to continue the constitutional rule in the country without an understanding between the two major political parties. It seems that the opposition party would accept the abolition of the caretaker government system. It does not require mentioning that imposition of unilateral issues such as constitutional amendment would lead to recurrence of the abnormal timing of the emergency government.
Different Opinions of political parties
Most political parties of Bangladesh except AL and its alliance want to restore the 13th amendment of the Bangladesh constitution. Even parties of ruling alliance want the same. The main opposition party, BNP, along with other nominal party raise their voice to restore this said system. But every political party wants free fair election by all means. If Al and NBP come to sit about C.G. all others parties will be agree with them. So Negotiation must need to extinguish the dispute.
The Negotiation Process
Stages of the Negotiation Process
1. Preparation stage
2. Introductory stage
3. The Initiation stage
4. Intensification stage
5. The Closing stage
The Negotiation process in consideration caretaker govt. for political parties may be positive to avoid violence and effective to take great decision. Before setting a Negotiation, There should be taken some steps for a fruitful Negotiation.
The Style of Negotiation Process
Our style, again, is our approach to the interaction. Negotiating styles include avoidance or adversarial competitive, compromising and cooperative / collaborative. Both parties of Negotiation should be such mind that bear avoidance mood and it may be to ignore the existence of a conflict in its entirety. Avoidance, however, may be total or partial. On the other hand, parties should be collaborative. This type of Negotiation is consistent with a win. It entails collaborating creatively to meet mutual goals.
So the above styles, collaborative would be very much effective to come at decision. Therefore, political parties should be collaborative each other upon this issue in the Negotiation process and the Negotiation would be fruitful.
The Term “Counter Parts”
In Negotiation process, Both parties should be remained patience and cannot use any language each other which seems to be ignored anyone or provoked each other. Since the peaceful environment would not be created and until creating peaceful environment no one can be re3chead/Reched at solution. So using the term opponent in speaking of Negotiation should be always avoided. Counter parts instead of opponent may be used.
Tactics in Negotiation Process
Tactics maneuvers, the actions you take and the moves you make. Names commonly used to describe tactics used in negotiation include questions, forbearance, postponement, surprise, withdrawal, threats, anger, Reversal bracketing, flinching, deception, diversion, reluctance feinting, ultimatums, association, equalizing begging, bullying laughing, extra pollution, exaggeration, extreme position, patience, blocking, emotional appeal, counter offers, concessions, Squeezing and silence. The above tactics of negotiation may be followed. But all tactics are favorable to reach at good decision. Some of the above tactics are bad and some of them are good. Good tactics for example, patience, silence, laughing, etc are helpful to use in Negotiation process. So every participated political party should follow these tactics in negotiation process.
Stages of the Negotiation Process 
a) The preparation Stages
It is necessary to begin specific preparations toward executing our overall strategy. At this stages, every party be required to research, careful thought and analysis and creativity toward our alarming issue of caretaker government. If occurs prior to the commencement of the parties to negotiation can make a list of short come in this system which often break the system in previous election. For example one of them checkout short come of this system that in duration of caretaker govt. activities of caretaker govt. and what are the essential function end non essential function etc. On the other hand, every party should determine in this stage, what they want and need. This may sound simple but one party must distinguish between emotional needs and tangible needs. They also may assess how your counterpart perceives your needs and wants and every party should also consider how your counterpart may attain satisfaction. Determine our overall parameters  three key positions on this issue. One position will be the best proposal for which you can provide reasonable support.
Second position to determine is that which represents the best you can reasonable expect to walk away with. This is our realistic target. Third position is the worst which is to be worse than one or more of our alternative. Prepare alternative approaches aimed at the potential style to be used and prepare an agenda and alternative agendas.  

b) The Introductory Stage
a. Define the rules and set the tone
b. Focus on the issues
Negotiation about caretaker government in the beginning definition of the rules regarding subject matter and setting out the tone is to be used mutually among all political parties are need to be mentioned.
For example one party of them defines rules that caretaker govt. should be free, fair and impartial. Another party also defines rules the care govt. should be strengthened to hold an election and member of C.G. must be non political person excluding who participates directly in politics. The setting out of tone of then is to hold a free fair and impartial election. One of them presents another rules that their duration must be not more than 90 days and they are bound to hold an election within 90 days after dissolving of the parliament. One of them presents short come of the present system.  

c) Initiation Stage Tactics
At initiation stage of negotiation different types of tactics may be followed every participated party in negotiation is given opportunity to ask question each other. It is helpful to obtain as much information as possible as early as possible.
At this stage, some tactics should be considered. Such as Tentative Resolution which advises to confirm at the outset that the goal is for a complete agreement that each issue or piece resolved is tentative.
Do not make the first offer unless you cannot avoid it. Prior to beginning the interaction, you should have established three positions on that issue. Extreme positions tactics hardly used in negotiation. Generally it is to be avoided by the parties. The Squeeze is telling the other side that he or she will just have to do better.
Counter offers may be happened in negotiation. Both parties expose their position by offer on each side. To come on solution, any of them can make offer after the initial offer.  

d) Intensification stage Tactics
Most of tactics utilized during this stage. The intensification stage is when the momentum on an item or issue has increased, the parties are very involved and the offers are getting closer to the targets.
Different types of tactics such as Diversion, Association, Forbearance, Extrapolation, the intense Squeeze, Begging, Bullying, Anger hand off, patience etc. are to be used.  The concept of a caretaker government during the interim period, when the term of an elected government ends and elections are held for forming a new government, is not any new addition in the practice of democracy. In fact all the countries following the Westminster style parliamentary system practice this concept of caretaker government. When a new general election is scheduled and a date is fixed, the outgoing government remains in office but in effect it takes the form of a care taker government. This practice of the concept of care taker government by the outgoing elected political government is followed in a political culture where trust and confidence exists among the major political parties about the fairness of entire electoral process.
With the enactment of Constitution 13th (Amendment) Act, 1996 Bangladesh had introduced an unique system of non-party caretaker government in the sense that the outgoing elected government actually steps down and an interim government is formed as a non-party caretaker government, making a distinction between the conventional caretaker government and a non-party caretaker government.
The Bangladesh practice of a non-party caretaker government has its roots in the political culture of the country featured with mistrust among the political parties. Historically the elections held under the outgoing political government could neither earn the confidence of the political parties nor the people at large. Unlike other countries that have practiced the parliamentary system successfully, in Bangladesh the outgoing government in the past had manipulated the levers of power to rig the election to ensure its own victory.
Non-party caretaker government has been the outcome of our political struggle over evolving a manipulation free electoral process. The crisis of creating congenial atmosphere in holding free and fair election was created by the political parties and the political parties had themselves came forward with the solution for overcoming the same through the constitutional process of “Non-Party Caretaker Government”. With such amendment, free will of the people for exercising their fundamental right of casting vote in the general election, has contributed to the establishment of democracy in its true meaning. The concept of non party caretaker government has been imbued with the value of democracy in the sense that it has been backed by people from all walks of life and was unanimously agreed by all the political parties. 

e) Closing Stage
There are ten key tactics often effective at the closing stage such as creating time pressure, Feinting, Reversal, withdrawal closing concession, Silence, Ultimatum, walking away creativity and patience and the Nibble. In this stage, both parties can come to realistic solution. That caretaker government is accepted by both parties was nail and void by 15th Amendment of Bangladesh Constitution.
Opposition party created time pressure on the ruling party to resume this system for the purpose of holding free fair and impartial election. But previous formula and rules have been amended by compromising and collaborative style of negotiation.
After creating time pressure, Opposition party has to declare different ultimatums. By all means both parties come to solution and the future or coming general election will be held under caretaker govt. which accepted by both party on that formula. And now every political parties of Bangladesh not only that but also every citizen of Bangladesh are sanguine of the success of caretaker govt. to hold free fair general election.