Anti-graft body to lose teeth
Graft watchdog decries govt move for amendment, says corruption to spread in admin, public services
Professor Muzaffar Ahmed addressing a press
conference organised by Transparency International
Bangladesh (TIB) at the Jatiya Press Club on Sunday
conference organised by Transparency International
Bangladesh (TIB) at the Jatiya Press Club on Sunday
The cabinet's approval to amend the anti-corruption law would make the anti-graft body ineffective and further spread out corruption in administration and other public services, observes Transparency International Bangladesh (TIB).
"The Anti-Corruption Commission [ACC] will return to the previous position of defunct Bureau of Anti-Corruption with majority cases clogged, if the proposals to amend its laws are incorporated into the ACC Act," said TIB Trustee Board Chairman M Hafizuddin Khan yesterday.
The amendment proposals include ACC's obligation to take permission from the government prior to initiating a case against any government official and making the anti-graft body accountable to the president. The TIB sees possibility of political influence in this system and suggests that the ACC be made accountable to a special parliamentary committee.
The government, not ACC, will appoint the secretary to the constitutional body, and those filing false cases will face five years in prison, proposed the government-formed committee. The cabinet approved the set of proposals on April 26.
These proposals go against the present government's pledge to ensure good governance and fight corruption, said TIB at a press conference at the National Press Club.
ACC Chairman Ghulam Rahman had earlier requested the law minister not to bring the amendments, saying these would hamper ACC independence."Differentiating the public servants from the politicians and other citizens in filing cases on corruption charges goes against the basic value of equal rights for all in the constitution," said Hafizuddin Khan.
TIB Trustee Board former chairman Prof Muzaffer Ahmad said during the tenure of BAC, the government allowed only 10 percent of the cases to be filed. Those filed cases took over ten years to be settled, he said.
In principle, ACC can go against corruption in all the three organs of the government, Ahmad said, adding: "Bringing ACC under the government's control will hamper its basic spirit."
Absorbing the officials of BAC in ACC has primarily weakened it and the government's authority to appoint and remove its secretary will further weaken it, he noted.TIB Executive Director Dr Iftekharuzzaman said ACC's accountability will be affected by political influence if it is made accountable to the president.
"This is because in parliamentary democracy, the president acts on all the issues in consultation with the prime minister, except for the appointments of the prime minister and the chief justice," he said.
He suggested that ACC be made accountable to a special parliamentary committee comprised of lawmakers of all political parties and known for highest level of integrity.
The amendment proposal of five years of jail term for false corruption charges appears to be reasonable, but it will work as strong deterrence in filing corruption cases, Iftekharuzzaman added.Such a special rule is not important in ACC law, as it is already there in the existing law that punishes those filing false cases, he said.
The section 36 of the ACC Act, 2004 that authorises the government to interpret the laws and provide instructions to ACC if any complexities arise in enforcing the laws should be cancelled to check possible one-sided intervention of the government, Iftekharuzzaman observed.
TIB suggested that ACC be given power to reconstitute its organisational structure, recruit officials and frame budget for its independence."To ensure its accountability, ACC could form a strong internal audit unit accountable to the ACC chairman besides government audit," Iftekharuzzaman said, suggesting expansion of ACC's legal purview so that it includes all sorts of corruption in the financial, banking, foreign companies and foreign exchange transactions.
He also recommended forming a citizens' advisory committee comprised of honest and neutral citizens to advise ACC and evaluate its functions."Integrity of the officials and employees of ACC has to be re-examined… they should be provided incentives for good performance and subjected to stern actions for irregularities," Iftekharuzzaman added.
"The Anti-Corruption Commission [ACC] will return to the previous position of defunct Bureau of Anti-Corruption with majority cases clogged, if the proposals to amend its laws are incorporated into the ACC Act," said TIB Trustee Board Chairman M Hafizuddin Khan yesterday.
The amendment proposals include ACC's obligation to take permission from the government prior to initiating a case against any government official and making the anti-graft body accountable to the president. The TIB sees possibility of political influence in this system and suggests that the ACC be made accountable to a special parliamentary committee.
The government, not ACC, will appoint the secretary to the constitutional body, and those filing false cases will face five years in prison, proposed the government-formed committee. The cabinet approved the set of proposals on April 26.
These proposals go against the present government's pledge to ensure good governance and fight corruption, said TIB at a press conference at the National Press Club.
ACC Chairman Ghulam Rahman had earlier requested the law minister not to bring the amendments, saying these would hamper ACC independence."Differentiating the public servants from the politicians and other citizens in filing cases on corruption charges goes against the basic value of equal rights for all in the constitution," said Hafizuddin Khan.
TIB Trustee Board former chairman Prof Muzaffer Ahmad said during the tenure of BAC, the government allowed only 10 percent of the cases to be filed. Those filed cases took over ten years to be settled, he said.
In principle, ACC can go against corruption in all the three organs of the government, Ahmad said, adding: "Bringing ACC under the government's control will hamper its basic spirit."
Absorbing the officials of BAC in ACC has primarily weakened it and the government's authority to appoint and remove its secretary will further weaken it, he noted.TIB Executive Director Dr Iftekharuzzaman said ACC's accountability will be affected by political influence if it is made accountable to the president.
"This is because in parliamentary democracy, the president acts on all the issues in consultation with the prime minister, except for the appointments of the prime minister and the chief justice," he said.
He suggested that ACC be made accountable to a special parliamentary committee comprised of lawmakers of all political parties and known for highest level of integrity.
The amendment proposal of five years of jail term for false corruption charges appears to be reasonable, but it will work as strong deterrence in filing corruption cases, Iftekharuzzaman added.Such a special rule is not important in ACC law, as it is already there in the existing law that punishes those filing false cases, he said.
The section 36 of the ACC Act, 2004 that authorises the government to interpret the laws and provide instructions to ACC if any complexities arise in enforcing the laws should be cancelled to check possible one-sided intervention of the government, Iftekharuzzaman observed.
TIB suggested that ACC be given power to reconstitute its organisational structure, recruit officials and frame budget for its independence."To ensure its accountability, ACC could form a strong internal audit unit accountable to the ACC chairman besides government audit," Iftekharuzzaman said, suggesting expansion of ACC's legal purview so that it includes all sorts of corruption in the financial, banking, foreign companies and foreign exchange transactions.
He also recommended forming a citizens' advisory committee comprised of honest and neutral citizens to advise ACC and evaluate its functions."Integrity of the officials and employees of ACC has to be re-examined… they should be provided incentives for good performance and subjected to stern actions for irregularities," Iftekharuzzaman added.
http://www.ittefaq.com/issues/2010/05/03/news0051.htm
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