Purposefully paralysed
Mohiuddin Alamgir talks to grassroot level union parishad and upazila parishad leaders to write about the adversely affected situation of the local governments in Bangladesh
One of the 20 people found in front of the office of No 5 Dhukuria Bera Union Parishad (UP) of the Belkuchi Upazila in the Sirajganj district, on the morning of June 17, is Rabiul Islam who had come to the office to collect his elderly mother's Boyshka Bhata (old-age allowance) card. Another local, Ramjan Ali, was there to mitigate a squabble that he had with a neighbour while others at the scene had their own problems that they wanted solved by the chairman of the union, Abdul Ohab, and his office bearers.
Five kilometres away from the Dhukuria Bera, Shafiqur Rahman and Abdullah Al Mamun are found waiting in front of the UP office of the Khukni union of Shahjadpur upazila of Sirajganj, to collect their citizenship certificates.
'In case of solving any local problems like arguments and so on, to collect cards and materials of the Vulnerable Group Feeding (VGF), Vulnerable Group Development (VGD), Test Relief (TR) and other programmes and to provide holding taxes, the villagers always come to the UP offices as it is the nearest representative organ of the area,' says Ohab.
Despite the potential it holds, the almost powerless state of the local government and the decentralisation of power to the local levels like union, upazila and district levels has been a topic of debates over the last decade. The movements by local government representatives, various discussions amongst civil society members, government and non-government institutions, researchers, policymakers, practitioners and donors, in a bid to make the local government more decentralised, is yet to reap any success.
While the constitution of the country guarantees the decentralisation of authority to local government, it continues to be hindered by the lawmakers, bureaucrats and government authorities, according to local representatives of the country.
They point out that in the absence of an effective local government, the rural communities in these areas are missing out on services like local development and local justice as well as activities in sectors like education, health, social welfare and rural civil works.
The local-level representatives allege that in spite of strengthening the local government, the bureaucrats and the people's representatives are more inclined towards crippling the important local bodies and the representatives' workforces.
Thus these local representatives from the union and upazila levels demand the withdrawal of intervention from the local lawmakers and upazila chairmen, the right of authority over local development and skilled manpower for the offices and intervention-free local government offices.
They also point out that in order to ensure proper governance throughout the country, elected representatives are required over the tiers. However, lengthy delays in holding elections at the UPs across the country is causing unwanted delays at filling up the lowest tiers of the local government systems, thus adversely affecting development activities and leadership at the grassroots level.
'If any person, supporting the opposition, is elected for the seat of the local representative, then he will have nothing much to do except for signing the citizenship certificate as the ruling party local leaders and lawmakers will not let him do much else,' says Ataharul Islam, chairman of Bararchar UP of Mymensingh Sadar upazila, who is also general secretary of Bangladesh Union Parishad Forum.
Harun-ur-Rashid Hawlader, convener of Bangladesh Upazila Parishad Association and chairman of Dumki upazila under Patuakhali, reasons that bureaucracy and lawmakers' negative attitude are causing hindrances toward the efficiency of upazila parishad activities.
Bangladesh currently has three types of local government systems in the rural areas including the zila parishad, upazila parishad and union parishad while the towns have city corporations and municipal corporations.
Local representatives complain that the interventions by lawmakers, upazila parishad leaders, government officials and the domination of local ruling party leaders are restricting the activities of the UPs, the lowest tier of the local government.
Some important activities by the UP include providing citizenship and birth certificates, collecting tolls and holding taxes, setting village courts at least twice a month and during emergency situations, maintaining local law enforcement, family planning works, development works in agricultural and health sectors and providing cards and materials of VGF, VGD, TR and other programmes.
'In our centralised system, the local government bodies are deprived of finances and freedom as they are being controlled entirely by the bureaucrats and the lawmakers,' says Abul Hossain, a chairman of the Islampur Union of Baliakandhi upazila, under Rajbari district and a president of the Self Governing Union Parishad Advocacy Group-Bangladesh.
He explains that each union is divided into nine wards. On the basis of adult franchise, one member is directly elected to the UP from each ward. 'One woman member is directly elected from each of the three old wards on the basis of adult franchise and the UP chairman is directly elected on the basis of adult franchise from the whole of the union,' he says.
He points out that a UP thus comprises nine elected ward members, three elected women members, and an elected chairman.
UP also has a limited option of income as they can only collect holding taxes, trade license fees, non-vehicle fees and village court fees. Most of the UP chairmen believe that while lack of proper budget is one of the main obstacles against the efficiency of the UPs, most of the allocated budgets do not even reach them in time.
'Most of our allocation is gobbled up through corruption as we have to manage upazila officials for the cheques,' says Ataharul. UP chairmen also allege that allocation for their office is being 'gripped' by the lawmakers although lawmakers have 'special allocation' for ensuring the implementation of their activities.
'From 381 tonnes of TR as general allocation for my area, around 100 tonnes were taken away by the local lawmaker and Awami league leaders,' says Tafsir Ahmed, chairman of the Gutudia union of Dumuria upazila in Khulna district.
Similar allegations were brought against most other lawmakers of the country by the UP chairmen. 'I have received 32 tonnes of TR and have to distribute according to the list provided by the MP, although around 64 tonnes of TR was specially allocated to him,' says Ataharul.
Ataharul also informs Xtra that while local ruling party leaders and lawmakers take away allocated TR, the UPs usually spend Tk 6,000 to 7,000 as carrying costs although they are paid no more than Tk 1,000 to 1,500 by the government for the costs.
UP is usually allocated between four to eight lakh takas in the Annual Development Programme (ADP) in four quarters based on the population and size of the union. The UP leaders also allege that even for this allocation, they have to 'manage' the upazila leaders and officials through bribes and other manners.
The leaders also share that the regular UP office works are hindered due to the lack of skilled staff as the government provides one UP secretary for each union. This secretary ends up maintaining over 100 files for different purposes. 'At least six to 10 staff members are required for the effective administration of the UP offices,' says a UP leader.
The monthly honorarium of UP chairman and a member is Tk 3,000 and Tk 1,500 respectively. From this, the UP chairman gets Tk 1,350 from the government while the remaining Tk 1,650 comes from the parishad's own funds. The ratio is Tk 700 from the government and Tk 800 from the parishad's funds for UP member. Such payments further reduce the diminutive allocations of the UPs.
The two-year-long delay in the UP elections has significantly weakened the union councils, the largest and most vital local government bodies. Most union councils are becoming inactive due to the uncertainty that looms over the UP elections, according to most grassroots representatives.
In a bid to hold the UP polls before the ninth parliamentary elections, the previous military-backed caretaker government issued upazila, city corporation, municipal and union parishad ordinances and annulled the old laws. However, amidst immense pressure and criticism from political parties, the unelected government decided not to hold the local government elections prior to the national parliamentary elections. Although the upazila elections were held in early 2009, the UP elections are yet to occur.
Elections to 4,488 union councils were conducted in early 2003 during the tenure of the Bangladesh Nationalist Party (BNP)-led alliance government. According to official records, 245 municipalities, out of a total of 309, served out their terms about three years ago.
UP chairmen and members also allege that they cannot work due to pressure from influential quarters who are campaigning that the incumbents (chairmen and members) have no right to continue since the elections have been overdue. Even government officials are not cooperating with them like they did earlier.
'Election is a democratic process to ensure the effective participation of the grassroots people. For a reliable, accountable and democratic atmosphere in the local government, an elected body is necessary,' says Ataharul.
'We are losing ground with the peoples and field officials as well, thus affecting the local leadership as our time has already expired,' says Ohab. 'Uncertainty over the polls is seriously affecting local development activities,' he adds.
It needs to be mentioned in this context that the seventh UP elections were held in the country as per schedule from January 25 to March 16, 2003. Previously, six UP elections were held in the country in the years 1973, 1977, 1983-84, 1988, 1992 and 1997 respectively.
Finance minister Abul Maal Abdul Muhith admitted recently that the principal weakness of UPs is caused by the long delay in holding elections to the lowest tier of the local government system. During his 2010-11 budget speech on June 10, the senior-most minister of Sheikh Hasina's cabinet admitted that the upazila and UPs are 'not performing properly'.
'The principal weakness of UPs lies in serious procrastination in holding elections. We have taken steps to reform upazila parishad legislations and frame its terms of reference,' the finance minister said.
Leaders of the upazila parishad, another tier of local government elected in 2009, 19 years after the previous one held in 1990, also allege that intervention of the lawmakers and excessive power given to the bureaucrats has been barring the tier from functioning properly for the betterment of the local people for which they have received their mandate.
According to the leaders of the upazila, The Upazila Parishad (Repealed Act Re-Introduction and Amendment) Bill had made the lawmakers 'bosses' as it (the bill) made it mandatory for the upazila parishads to consult the lawmakers as well as to accept their (lawmakers) recommendations while making plans for development in respective electoral constituencies.
'According to the new law, the situation remains the same whether there is a chairman or not and the Member of Parliament (MP) will be able to run the upazila by bypassing the chairman,' says Abdul Majid Photo, chairman of Saturia upazila in Manikganj, also the convener of Bangladesh Upazila Chairman and Vice-Chairman Oikya Parishad.
The law stipulates that the upazila parishads will keep the lawmakers informed about the proceedings and decisions by sending copies of the minutes of their meetings to the MPs, as and when they send these to the government.
The bill has delegated more power to the lawmakers as advisers of upazila parishads than they had under the Upazila Parishad Act 1998. The 1998 Act had made lawmakers advisers of upazila parishads in their constituencies but did not make it mandatory for the local body to accept their suggestions.
LGRD Minister Syed Ashraful Islam placed the bill in the house on February 24, 2009 seeking reintroduction of the defunct Upazila Parishad Act 1998 and moved it in the house on April 6, 2009 for passage.
The interim government repealed the Upazila Parishad Act 1998 and made a new ordinance, dropping the provision that allowed lawmakers to supervise the parishads' functions as advisers. The ordinance ceased to have effect on February 25, 2009, as it was not ratified by the parliament within the specified time.
According to the Act, the upazila parishads will oversee law and order, development of agriculture and irrigation, infrastructure and communications, education, health and family planning, women and children affairs, land, forest and environment, market price, rural development, fisheries and youth and sports issues.
Upazila parishads' chairmen demand that all the grassroots-level government officers be placed under the jurisdiction of the upazila parishads, in order to strengthen local government administration and ensure accountability of government officers. 'We want the upazila parishad be a "single umbrella administration" for strengthening the local government system,' says Harun.
According to him, the chairmen urged amendments to the Upazila Parishad Act by fulfilling the seven-point charter of demands, including the placement of all grassroots level government offices, including the local administration, now working under an upazila nirbahi officer and the police administration now working under an officer-in-charge, at the disposal of the upazila parishads.
The upazila parishads should be given the power to control the salaries and holidays of all government officers working there and also to write and send Annual Confidential Reports on them. 'They (officers) should be made accountable to the parishads,' he says.
They also demand the cancellation of the provisions of handing over the authority and responsibilities of upazila parishads to government officers. 'The executive authority of the upazila parishad should always be given to an elected representative,' he said.
The chairmen also sought amendments to Articles 25 and 42 of the Act to ensure that the MPs will implement their development programmes through the upazila parishads. 'It will help to resolve the conflict (of authority) between the MPs and the upazila parishads,' he says.
Besides, the upazila chairmen also demand that they should be made the chiefs of the upazila committees on law and order, land, open market sale and creating jobs for the extreme poor people, which are now led by the UNOs.
Earlier, in March, the government framed a set of rules on the responsibilities of and financial facilities for, upazila chairman and vice-chairman, keeping field officials, including the UNOs, beyond the authority of the elected representatives.
The elected local government representatives are also annoyed with the fact that the upazila chairmen do not have any authority of appointment and disciplinary actions, if needed, against the officials either deputed to, or placed at the disposal of, upazila parishads, according to the Upazila Parishad Chairman and Vice-Chairman (Responsibilities and Financial Facilities) Rules 2010.
'Almost all the important committees are headed by the UNO, making it a dual authority in the parishad,' says Majid. 'While we do not have any power, the MPs have absolute power over the development and other works of the upazila parishad,' he adds.
Noor Alam, vice chairmen of the Mongla upazila in Bagherhat district, echoes Majid's views. 'Bureaucrats are another hindrance as, according to the law, at least 14 committees need to be chaired by the vice chairmen. But in reality, nothing of the sort exists,' says Alam.
'Bureaucracy and the superior attitude of MPs towards the upazila is democracy's enemy in the country,' says Harun.
'If we want a strong and effective local government, then the political will is a must and in order to achieve smooth democracy, the practice of local government is also a must,' says Syed Anwar Husain from the Department of History, Dhaka University (DU).
'Local government is the government-below, or a government which is organised locally. Historically, local government always existed in Bengal. During the medieval period it was called panchayet. A ruler named Sher Saha had divided Bengal in the form of Pargana, which is an example of medieval local government. During the British colonial rule, they wanted to decentralise the administration and settle the local government in accordance with the western government structure,' explains Anwar.
Therefore, the current system of local government in Bangladesh owes its origin to British colonialism in the sub-continent. The Chawkidari Panchayet Act of 1870 was the first step towards this direction and was designed to maintain peace in the village areas. Afterwards, the Local Self-Government Act 1885, the Village Self-Government Act 1919, and the Basic Democracy Order 1959, laid down the foundation of the system of local government in the country.
Prime Minister Sheikh Hasina said in the parliament on June 9, that the rural people were not getting the expected services from the local government bodies because of delay in the elections, caused by loopholes in the existing laws. She had also assured all that her government would amend these laws to make the system more effective.
The finance minister in his budget speech this year also hoped that the reforms would infuse dynamism in the activities of upazila parishads. 'Admittedly, upazila and union parishads are not able to function properly. With the help of the "Local Government Support Project", chairmen, members and secretaries of union parishads are being provided with proper training,' he said, hoping that the project would yield good results.
The government feels that the local government institutions need to be strengthened to take the benefits of development and service delivery to people's doorsteps, the minister said, before regretting the delay in implementation of the government's plan for restructuring the zila parishads to turn them into strong local government institutions.
'Activities in sectors like education, health, social welfare and rural civil works, affecting larger communities, should be extensively decentralised and related powers and responsibilities should be devolved,' Muhith said.
Finally, the long overdue elections to the municipalities and union parishads will be held around November and December this year respectively as the local government and rural development minister, Syed Ashraful Islam, told the parliament on July 18.
He assured the parliament that the local government laws would be passed soon to pave the way for the local polls which at one point looked uncertain due to the government's foot-dragging in amending the related laws.
'The local government laws would ensure dignity of the elected representatives with a provision that no elected representatives would be removed until they were convicted,' said Ashraful.
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