Combating corruption 01 10-2012
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Combating corruption 01 10-2012

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  • 01 October 2012 Md. Shamsul Arefin
  • 01 October 2012 Md. Shamsul Arefin
  • 01 October 2012 Md. Shamsul Arefin
  • 01 October 2012 Md. Shamsul Arefin
  • Module 1 - Introduction to the Programme Many different tools exist for measuring corruption that can be applied, or that can serve as indicator sources or research models As with indicators, methods can be grouped as More than just measuring – different purposes, different actors Differ in terms of who they ask Type of data method (ask experts vs surveys) Types of questions Many different tools exist for measuring corruption that can be applied, or that can serve as indicator sources or research models Existing assessments can provide data for To carry out broad assessments of the national integrity systems and identify corruption capacities and weaknesses Can be focused on a specific sector, process or institution integrity – involves mapping out corruption risks, followed by defining mechanisms, processes, which can be measured, and which yield actionable indicators Normally, for the purpose of creating an evidence base for policy making.
  • 01 October 2012 Md. Shamsul Arefin
  • 01 October 2012 Md. Shamsul Arefin
  • 01 October 2012 Md. Shamsul Arefin

Combating corruption 01 10-2012 Combating corruption 01 10-2012 Presentation Transcript

  • Combating Corruption in Bangladesh: Role of Civil ServantsThe lecture note is prepared for the Mid Level Career Civil Servants of Bangladesh Bangladesh Public Administration Training Centre, Dhaka. By Md. Shamsul Arefin Director General Anti Corruption Commission, Bangladesh. Wednesday, September 26, 2012 Md. Shamsul Arefin 1
  • Presentation on Anti Corruption Commission Bangladesh01/20/13 Md. Shamsul Arefin 2
  • Historical Development• Bureau of Anti- Corruption was formed in 1943 under Anti-Corruption Act 1957.• Since its inception in 1943 until 1983 the organization functioned as a branch of the Police• In 1983 a separate employment charter was provided to the Bureau curtailing its dependency on the police for manpower.• The Anti Corruption Commission (ACC) Bangladesh was created under section 3 of Anti Corruption Commission Act, 2004. The first set of office bearers were appointed on 21 November 2004.01/20/13 Md. Shamsul Arefin 3
  • Mission of ACC Bangladesh• To combat, control and prevent corruption.• To control corruption by identifying areas of vulnerabilities for prosecution action, prevention, curative treatment and advocacy.01/20/13 Md. Shamsul Arefin 4
  • Composition of Commission• The Commission is consist of three commissioners, one of them appointed as chairman who is the chief executive of the commission;• Commissioners are appointed by the President on the recommendation of the Selection Committee for a period of four years and are not eligible for re-appointment.• The commission is independent and work impartially.01/20/13 Md. Shamsul Arefin 5
  • Organogram Chairman Commissioner Commissioner Secretary DG DG DG Enquiry & DG DG DG Inspection &Legal Admin Investigation Spl Enq & Inv Prevention Pending Issues 01/20/13 Md. Shamsul Arefin 6
  • Power of the Commission• The ACC allows the Commission to discharge its power under the act independently (section 24) and also allow Financial independence (section 25)• The commission also has the power to investigate (Section 20), Power of Arrest (Section 21) and conducts Hearing of accused person (Section 22)01/20/13 Md. Shamsul Arefin 7
  • Functions of the Commission (Sections 17)• To enquire into and conduct investigation of offences mentioned in the schedule• To file cases on the basis of enquiry or investigation and conduct cases• To hold enquiry into allegations of corruption on its own motion or on the application of aggrieved person or any person on his behalf• To perform any function assigned to Commission by any Act in respect of corruption• To review any recognized provisions of any law for prevention of corruption and submit recommendation to the President for their effective implementation• To undertake research, prepare plan for prevention of corruption and submit to the President, recommendation for action based on the result of such research• To determine the procedure of enquiry, investigation, filing of cases and also the procedure of according sanction of the Commission for filing case against corruption and• To perform any other duty as may be considered necessary for prevention of corruption.01/20/13 Md. Shamsul Arefin 8
  • Special features of ACC Act• The Anti Corruption Commission (ACC) Act was promulgated on 23 February 2004 which came into force on 09 May 2004.• The Anti Corruption Commission (ACC) Act was the Act no 5 of 2004.• There are 38 Sections in that Act.• Out of those there are 3 penal sections.• Penal sections are- Section 19(3), Section 26(2) and Section 27(1)01/20/13 Md. Shamsul Arefin 9
  • Some Important Aspects of the ACC Act• In order to make recommendation for the appointment of commissioners, a Selection Committee of five members shall be constituted (Section 7).• Section 10(3) - No commissioner shall be removed from office except on similar grounds and in accordance with the similar procedures as apply to the removal of a judge of the Supreme Court.01/20/13 Md. Shamsul Arefin 10
  • Definition of Corruption• Corruption is operationally defined as the misuse of entrusted power for private gain- Transparency International.• Corruption is the abuse of public office for private gain - World Bank• Misuse of Power for private gain  Bribery  Extortion  Manipulation of Laws01/20/13 Md. Shamsul Arefin 11
  • Legal Definition of CorruptionAccording to the Section 2(e) of the Anti- Corruption Commission Act-2004 :‘Corruption’ means the offences set out in the schedule to this law”.01/20/13 Md. Shamsul Arefin 12
  • The schedule of ACC• Offences under Anti-Corruption Act 2004 (Possession ofproperty disproportionate to known source of income).•Offences punishable under the Prevention of CorruptionAct, 1947 (Act 11 of 1947).•Offences under Money Laundering Prevention Act -2009.•Offences punishable under sections 161-169, 217, 218, 408,409 and 477A of the Penal Code, 160 (Act XLV of 1960).•Offences of abetment, conspiracy and attempts as definedrespectively in section 109, 120B and 511 of the Penal Code,1860 (Act XLV of 1860) in relation to clauses (a) to TheAnti-Corruption Act, 2004. Shamsul Arefin 01/20/13 Md. 13
  • The Dynamics of Corruption • C =M+D-A-S • Where, C=Corruption • M= Monopoly • D= Discretion • A= Accountability • S= Public sector salaries01/20/13 Md. Shamsul Arefin 14
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  • Some Sources of Corruption1. Over and under-invoicing in Imports & Exports2. Tendering3. Procurement4. Audit5. Land management6. Law enforcement7. Customs8. Loan from Banks9. Judiciary10. Others01/20/13 Md. Shamsul Arefin 19
  • Anatomy of Corruption • Bribes and kickbacks at public interface • Loan disbursements • Bid rigging or collusive agreements • Use of discretion • Monopoly service providers • Theft from local accounts and abuse of public assets • Fraud/Forgery/Misrepresentation01/20/13 Md. Shamsul Arefin 20
  • Corruption – the Key Problem• Corruption – a global challenge• More than bribery - Abuse of power for private gain –• Increases poverty and injustice• Prevents development and rule of law• Undermines democracy and governance• Distorts market and economic growth• Breeds crimes, social frustration, discontent and insecurity• 01/20/13 Others Md. Shamsul Arefin 21
  • Role of Civil Servants  Use minimum or no discretion  Create perfect competitions  Open Integrity unit  Maintain Transparency  Ensure Accountability  Ensure Rule of law  Ensure Good governance  Follow a person who is a Role Model to you  Try to be a Role Model to others01/20/13 Md. Shamsul Arefin 22
  • Which of the following acts do you consider tobe acts of corruption:Stealing money from government (embezzlement)Threatening individuals with harm if they do not givemoney (Extortion)Influencing government contracts in return for financial orother gainsBriberyPromotion of unqualified individuals for political reasons orother gainsFavouring relatives and friends e.g. appointing them togood positions (nepotism)01/20/13 Md. Shamsul Arefin 23
  • Please indicate how much do you agree with thefollowing statements I would feel comfortable helping my familymember get a job in my govt office, providedthey were qualified.…even if they were not as qualified as anothercandidate. I would feel obligated to use my influence as acivil servant to help my friend / relative with aproblem if I could. Corruption by low-level employees is moreacceptable than corruption by high-level officials.01/20/13 Md. Shamsul Arefin 24
  • Corruption – A Global ThreatCost of corruption exceeds by far the damage caused by any other single crime • World Bank – More than 1 trillion US$ is paid in bribes a year • Asian Development Bank – Cost of corruption = up to 17% of GDP • The harm exceeds the proceeds – US$ 1 bribes = US$ 1.7 damage 01/20/13 Md. Shamsul Arefin 25
  • Corruption Perception Index Rank & Score of BangladeshCountry Year Score Rank 2011 2.7 120Bangladesh 2010 2.4 134 2009 2.1 139 2008 2.0 147 2007 2.0 162 2006 1.7 156 2005 1.5 - 2004 1.3 2003 1.201/20/13 Md. Shamsul Arefin 26
  • I MPLI CATI ONS OF CORRUPTI ONDeficiencies •• Graft & Corruption Graft & Corruption lack of •• Inefficiency Inefficiency transparency lack of competition Monopoly weak accountability ••Poor Quality Poor Quality weak capacity ••High Cost High Cost Discretion POOR SERVICE POOR SERVICE 01/20/13 Md. Shamsul Arefin DELIVERY DELIVERY 27
  • Discretion!!! The exercise of individual judgment, instead of formal rules, in making decisions is discretion. No list of policies and procedures could possibly guide police officers through all the situations in which they find themselves. Police routinely must use their own discretion. The issue of police discretion is very controversial, particularly because some officers abuse their discretion.01/20/13 Md. Shamsul Arefin 28
  • Measuring Corruption• Transparency International Tools – Corruption Perceptions Index – international ranking (score) based on Survey of Surveys on perceptions of business, business analysts, investors, investment analysts and country specialists on political and administrative corruption. 01/20/13 Md. Shamsul Arefin 29
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  • Country-level Anti-corruption assessment tools Corruption Transparency/Accountability/Integrity Perception Experience/ Diagnostic Compliance victimisation Assessments monitoringPublic opinion General Institutions population / vulnerable groupsExperts ProcessesPublic Public sector Sectorssector Mapped by Local level Transparency Private sector International
  • Corruption: Preventing access to education Corruption in Education: Ratio of Service Receipients Forced to Pay Bribe 54.1 35.5 32.5 Percentage 21.8 for admission in school to be enlisted for to be enlisted for for actual disbursement stipend in primary level stipend in secondary of the stipend level01/20/13 Md. Shamsul Arefin 32 Source TI -2010
  • Corruption: Preventing access to health service C orr upt ion in He a lth : R a tio of S e rv ic e R e c e ipie nts Fo r c e d t o P a y B r i b e 54.8 Percentage 29.3 for outdoor treatment f or operation/x- ray/pathological test Source TI -2010 01/20/13 Md. Shamsul Arefin 33
  • Corruption: Preventing law enforcement Source TI -201001/20/13 Md. Shamsul Arefin 34
  • Household Income lost to bribery 12 9.529 10 7.94 8 Percentage 6 4.569 4 2.384 2 0 Low Income (< Tk. Middle Income High Income Total 72,000 per year) (72000-140,000) (140,000+) Source TI -201001/20/13 Md. Shamsul Arefin 35
  • Percentage of paying bribe for getting services 70.00% Electricity connection Relief 3.00% 26.00% Local arbitration Police station (FIR) 92.00% Getting Khas land 40.00% Land registration 97.00% Public hospital 26.00% Stipend - Secondary Female 22% 32.00% Stipend -Primary (TIB 2005, Bangladesh )
  • Anyone can submit a complaint to the Anti-Corruption Commission (district office/division office/head office) or to the Police Station about the happening of a scheduled offences under Rule.4 and 7 of ACC Rules, 2007.01/20/13 Md. Shamsul Arefin 37
  • Steps to be taken by Police Station on receiving a complaint• After submitting to the PS, the complaint will be forwarded to ACC for Enquiry (if not lodged in the form of FIR).• After submitting to the PS, the complaint will be forwarded to ACC for Investigation (if recorded in the form of FIR).01/20/13 Md. Shamsul Arefin 38
  • Using the Right to Information as an Anti- Corruption Tool• Article 39(2) of the constitution of Bangladesh states that:(a)Right to every citizen the freedom of speech and expression is guaranteed;(b)Freedom of the press is guaranteed.(c)Right to Information Act-2009 (Public information disclosure related Act).(d)The Whistleblower Act01/20/13 Md. Shamsul Arefin 39
  • Which Countries Are Corrupt?• The Transparency International 2009 Corruption Perceptions Index shows that the most honest countries are Finland, New Zealand, Iceland, Denmark, and Singapore.• The most corrupt countries are Haiti, Guinea, Myanmar, Iraq, Bangladesh, Chad, the Democratic Republic of Congo, and Sudan.• China, Brazil, Ghana, Senegal, Peru, Mexico, Saudi Arabia, India, and Egypt all rank in the middle of the 163 countries ranked.01/20/13 Md. Shamsul Arefin 40
  • The Great Exceptions• Singapore and Hong Kong are exceptions Both have moderately high levels of inequality and at best modest levels of trust. Botswana is another example of a country with moderate corruption and high levels of inequality.• All three countries once had very high levels of corruption.01/20/13 Md. Shamsul Arefin 41
  • Preventive MeasuresEnhanced Accounting Effective Civil, Administrative orand Auditing Standards Criminal Penalties Aware Citizen Transparency Integrity Accountability Whistleblower protection Reducing Discretionary Create Competition Authorities 01/20/13 Md. Shamsul Arefin 42
  • Whistleblower means- An employee who refuses to engage in and or reports illegal or wrongful activities of his employer or fellow employees.01/20/13 Md. Shamsul Arefin 43
  • How to tackle corruption in Bangladesh 1. Developing long-term anti-corruption strategy 2. Creating citizen’s will 3. Effective decentralisation of government agency 4. Create a sense of hate about corruption 5. More transparency and more simplification of procedures 6. Incentives for good performance 7. Awareness and Motivational programme01/20/13 Md. Shamsul Arefin 44
  • Conclusion Corruption is widespread in developing and transition economies, not because their people are different from people elsewhere but because conditions are ripe for it. First, the motivation to earn income is extremely strong, aggravated by poverty and by low and declining civil service salaries and the absence of risk-spreading Mechanisms. Second, opportunities to engage in corruption are numerous. Monopoly rents can be very large in highly regulated economies. The discretion of many public officials is broad in developing and transition economies, and this systemic weakness is exacerbated by poorly defined, ever changing, and poorly disseminated rules and regulations.01/20/13 Md. Shamsul Arefin 45
  • Conclusion Third, accountability is typically weak. Competition are not perfect often restricted. The watchdog institutions that provide information on which detection and enforcement is based—such as investigators, accountants, and the press—are also weak. The two parties to a bribe often both benefit, bribery can be extremely difficult to detect. Even if detection is possible, punishments are apt to be mild when corruption is systemic—it is hard to punish one person severely when so many others are likely to be equally guilty. Finally, certain country-specific factors, such as population size and natural resource, also appear to be positively linked with the prevalence of bribery.01/20/13 Md. Shamsul Arefin 46
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  • Thank You!January 20, 2013 Md. Shamsul Arefin 49