The toothless tiger
Mushfique Wadud finds out how the recent reform proposals for the ACC Act 2004 will render the institution powerless
According to the law, permission must be granted by the government to prosecute judges and public servants,' informs Mohiuddin. 'Such a law is necessary to ensure that the government officials can work without fear. If there is no such law, the officials will not work properly because of fear,' he adds.
Dr Shahdin Malik believes that section 197 of the criminal procedure protects government officers from charges of alleged criminal activities, committed in the course of official duty. For example, a police officer will be protected if in tackling mobs, he uses more force than necessary. 'This protection does not cover corruption,' says Shahdin.
'Such a reform will see the ACC revert to its previous state when it was known as the Bureau of Anti-Corruption,' he adds.
The cabinet also approved a five-year jail term and fine for filing a false complaint or case against any individual, and the appointment of the ACC secretary by the government.
While TIB feels that such a provision will discourage people to raise allegations, Muhiuddin calls it a necessary step to protect innocent people. 'There is such a provision in the conventional law and so if anyone makes false allegations, he or she can be tried under this. Adding this to the ACC law would result in creating deterrence against prosecution of any corruption case,' says Ifthekhar. 'There should be a provision to protect innocent people from the false allegations,' Muhiuddin adds.
'The provision for false allegation has been in place for 150 years. Adding it to the ACC law to discourse complain of corruption is not necessary. Such a law will make corrupt persons less accountable,' says Shahdin.
Other amendments which now see the anti-graft watchdog accountable to the president as well as curtailing its independence were approved by the cabinet, ignoring anti-graft body's pleas in the last few months regarding the diminution of its independence and impartial functioning.
On ACC being accountable to the president, Iftekhar says it increases the possibility of partisan political influence on the commission. 'In other words, with this provision, the ACC will be accountable to the prime minister as the president seeks all suggestions from the PM,' he adds.
Iftekhar believes that the appointment of the ACC secretary by the government has no logic at all and it only establishes administrative control over the anti-graft body. 'According to the present law, ACC can appoint its commissioner. But under the amended provision, it is proposed that government can appoint the ACC's secretary. It will result in the bureaucracy's and the government's control over the ACC,' Iftekhar adds.
Regarding accountability to the president, the commission in its opinion said this amendment would bring the anti-graft body under control of the government's executive branch as the president cannot take any decision without the advice of the prime minister, except for appointment of the chief justice and the prime minister.
Cabinet Division Additional Secretary Tariqul Islam was the chief of the government-formed committee that prepared the amendment proposals.
However, World Bank (WB) also expressed its concern about the reform of Anti Corruption Commission Act. WB Managing Director Ngozi Okonjo-Iweala expressed concern at a meeting with Finance Minister AMA Muhith in Washington on April 27, newspapers reported.
'The commission has filed many cases, as did the now-defunct bureau, but no one has been punished thus far. The commission has no authority to try a case; it is the courts that can mete out punishment. For this, the commission does not have the bite that society expects it to have,' ACC chief said in an interview with New Age.
Many think it was spiraling corruption that led to the army-backed caretaker government's assumption of power. In view of such public sentiment, all political parties in the ninth general elections promised that they would strengthen the Anti-Corruption Commission and would curb corruption. Nevertheless, in the eighteen months of this government's tenure, the ACC has barely played an active role in fighting corruption. Experts believe that the ACC should be strengthened for a strong democracy. They suggest that the government make the organisation strong and effective.
'Some laws can be modified. But the government should not do anything which will make the organisation a weak one,' says Muzaffer. 'Having an ineffective ACC is the same as not having one at all,' he adds.
'The ACC and some other organisations are institutions of accountability. They are necessary to protect the interest of citizens,' says Badiul Alam.
'ACC was given independence and power. However, they misused their absolute power during the state of emergency,' Muhiuddin points out.
'The debate about the ACC's role during the state of emergency is very logical. But we must remember that there were many power centres at that time; as such there is a doubt whether ACC could work independently then. So we cannot really blame ACC for their activities at the time,' Ifthekhar says.
'Even if the allegation against ACC is true, there is no point in turning it into a weak organisation,' he adds.
'I am not saying that we do not need an ACC. We want the ACC to be an operational autonomous body,' Muhiuddin concludes.
'ACC is embedded with problems with the prime concern being the integrity and efficiency of the ACC staff as many of them were staff members of the now-defunct Bureau of Anti-Corruption. Government can make a code of conduct for the ACC staff along with a provision of submitting wealth statement from each staff,' Ifthekhar suggests.
'To make ACC a politically influential organisation will be a suicidal decision for any political party. If ACC is politically influenced, their rival party will misuse it against them after their tenure,' he concludes.
Dr Shahdin Malik believes that section 197 of the criminal procedure protects government officers from charges of alleged criminal activities, committed in the course of official duty. For example, a police officer will be protected if in tackling mobs, he uses more force than necessary. 'This protection does not cover corruption,' says Shahdin.
'Such a reform will see the ACC revert to its previous state when it was known as the Bureau of Anti-Corruption,' he adds.
The cabinet also approved a five-year jail term and fine for filing a false complaint or case against any individual, and the appointment of the ACC secretary by the government.
While TIB feels that such a provision will discourage people to raise allegations, Muhiuddin calls it a necessary step to protect innocent people. 'There is such a provision in the conventional law and so if anyone makes false allegations, he or she can be tried under this. Adding this to the ACC law would result in creating deterrence against prosecution of any corruption case,' says Ifthekhar. 'There should be a provision to protect innocent people from the false allegations,' Muhiuddin adds.
'The provision for false allegation has been in place for 150 years. Adding it to the ACC law to discourse complain of corruption is not necessary. Such a law will make corrupt persons less accountable,' says Shahdin.
Other amendments which now see the anti-graft watchdog accountable to the president as well as curtailing its independence were approved by the cabinet, ignoring anti-graft body's pleas in the last few months regarding the diminution of its independence and impartial functioning.
On ACC being accountable to the president, Iftekhar says it increases the possibility of partisan political influence on the commission. 'In other words, with this provision, the ACC will be accountable to the prime minister as the president seeks all suggestions from the PM,' he adds.
Iftekhar believes that the appointment of the ACC secretary by the government has no logic at all and it only establishes administrative control over the anti-graft body. 'According to the present law, ACC can appoint its commissioner. But under the amended provision, it is proposed that government can appoint the ACC's secretary. It will result in the bureaucracy's and the government's control over the ACC,' Iftekhar adds.
Regarding accountability to the president, the commission in its opinion said this amendment would bring the anti-graft body under control of the government's executive branch as the president cannot take any decision without the advice of the prime minister, except for appointment of the chief justice and the prime minister.
Cabinet Division Additional Secretary Tariqul Islam was the chief of the government-formed committee that prepared the amendment proposals.
However, World Bank (WB) also expressed its concern about the reform of Anti Corruption Commission Act. WB Managing Director Ngozi Okonjo-Iweala expressed concern at a meeting with Finance Minister AMA Muhith in Washington on April 27, newspapers reported.
'The commission has filed many cases, as did the now-defunct bureau, but no one has been punished thus far. The commission has no authority to try a case; it is the courts that can mete out punishment. For this, the commission does not have the bite that society expects it to have,' ACC chief said in an interview with New Age.
Many think it was spiraling corruption that led to the army-backed caretaker government's assumption of power. In view of such public sentiment, all political parties in the ninth general elections promised that they would strengthen the Anti-Corruption Commission and would curb corruption. Nevertheless, in the eighteen months of this government's tenure, the ACC has barely played an active role in fighting corruption. Experts believe that the ACC should be strengthened for a strong democracy. They suggest that the government make the organisation strong and effective.
'Some laws can be modified. But the government should not do anything which will make the organisation a weak one,' says Muzaffer. 'Having an ineffective ACC is the same as not having one at all,' he adds.
'The ACC and some other organisations are institutions of accountability. They are necessary to protect the interest of citizens,' says Badiul Alam.
'ACC was given independence and power. However, they misused their absolute power during the state of emergency,' Muhiuddin points out.
'The debate about the ACC's role during the state of emergency is very logical. But we must remember that there were many power centres at that time; as such there is a doubt whether ACC could work independently then. So we cannot really blame ACC for their activities at the time,' Ifthekhar says.
'Even if the allegation against ACC is true, there is no point in turning it into a weak organisation,' he adds.
'I am not saying that we do not need an ACC. We want the ACC to be an operational autonomous body,' Muhiuddin concludes.
'ACC is embedded with problems with the prime concern being the integrity and efficiency of the ACC staff as many of them were staff members of the now-defunct Bureau of Anti-Corruption. Government can make a code of conduct for the ACC staff along with a provision of submitting wealth statement from each staff,' Ifthekhar suggests.
'To make ACC a politically influential organisation will be a suicidal decision for any political party. If ACC is politically influenced, their rival party will misuse it against them after their tenure,' he concludes.
__._,_.___
