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Accountability and Anti corruption measures in Bangladesh

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This is a lecture note of Anti corruption in Bangladesh

This is a lecture note of Anti corruption in Bangladesh

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  • 1. Accountability, Anti- corruption Measures & Their Impact on Public Administration By Dr. Md. Shamsul Arefin A member of Bangladesh Civil Service Belongs to 84 Batch (Admin) A class note for the Foundation Course 4th May 2014 at 7.30 pm BPATC, Savar, Dhaka. Dr. Md. Shamsul Arefin
  • 2. Historical Background of ACC  The formal institutional practice to curbing corruption was initiated in Bangladesh thorough a long evolution of system.  Formation of Enforcement Branch of Anti-Corruption was officially recognized many years before the country’s independence in 1971. During the British rule, corrupt practices were detected in the Food Department and as such, in 1944, the Enforcement Branch was formed in the Police Department to fight such corruption. Dr. Md. Shamsul Arefin
  • 3. Historical Background of ACC  The first Act against corruption was made in 1947 under the title of the Prevention of Corruption Act.  As there was no investigating agency other than the police, under the Act, certain offences were declared as offences of corruption and those were made cognizable for the police to investigate.  The Police Department was entrusted to investigate such corruption cases until the establishment of the Bureau of Anti- Corruption in 1957. Dr. Md. Shamsul Arefin
  • 4. Establishment of Anti-Corruption Commission  The Anti Corruption Commission Bangladesh consists of three Commissioners from whom the Hon’ble President appoints a Chairman for a period of five years. There are one Secretary, six Director General,12 Directors and some other officers as Investigators and Prosecutors.  The total number of stuff is now 1073. The Commission is independent in executing its duties and responsibilities. Anti Corruption Commission Bangladesh was formed through the act promulgated on 23 February 2004 that into force on 9 May 2004. Dr. Md. Shamsul Arefin
  • 5. Functions of Commission  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 Hon’ble President for their effective implementation  To undertake research, prepare plan for prevention of corruption and submit to the Hon’ble President recommendation for action based on the result of such research. Dr. Md. Shamsul Arefin
  • 6. Declaration of Properties (i) If the Commission is satisfied on the basis of its own information and after necessary investigation that any person or any other person on his behalf is in possession or has obtained ownership of property not consistent with his legal sources of income then the commission through an order in writing shall ask that person to submit a statement of assets and liabilities in the manner determined by the commission and to furnish any other information mentioned in that order. (ii) If any person – a) After having received an order mentioned in sub-section (1) fails to submit the written statement or furnish the information accordingly or submits any written statement or provides any information that is false or baseless or there are sufficient grounds to doubt their veracity or b) Submits any book, account, record, declaration, return or any document under sub- section (1) or gives any statement that is false or baseless or there are sufficient grounds to doubt its veracity, then that person will be sentenced to a prison term of up to three (3) years or a fine or both. Dr. Md. Shamsul Arefin
  • 7. Section 27 of Anti-Corruption Commission Act, 2004 Possession of Property in Excess of Known Sources of Income (i) If there are sufficient and reasonable grounds to believe that a person in his/her own name or any other person on his/her behalf is in possession and has obtained ownership of moveable or Immovable property through dishonest means and the property is not consistent with the known sources of his/her income and if he/she fails to submit to the court during trial a satisfactory explanation for possessing that property, (ii) Then that person shall be sentenced to a prison term ranging from a minimum of three years to a maximum of ten years imprisonment, and these properties shall be confiscated. Dr. Md. Shamsul Arefin
  • 8. Relevant Laws The relevant laws for investigation of corruption cases are the Criminal Procedure Code (Cr PC), 1898 and the Anti-Corruption Commission Act (ACC Act), 2004. The former one is the general procedural law for investigation and trial of criminal cases. The latter one is the special law against corruption. As far as investigations of corruption cases are concerned, if any conflict between the provisions of the aforesaid Acts is found, the provision of the latter Act will prevail. The Cr PC describes under sections 154 to 173 how offences are registered with police stations, investigations are made and the reports of investigations are submitted before the court for trial. The Anti-Corruption Commission Act dictates an investigator to conduct an enquiry before lodging/registering a First Information Report (FIR) stating the offence(s) committed. If prima facie evidence is established in enquiry, an FIR is lodged with the police station and thereafter the formal investigation starts under the provisions of the Cr PC. An investigation ends with submission of an Investigation Report before the court. Dr. Md. Shamsul Arefin
  • 9.  Corruption refers to the practice of  misusing one’s power and position to  achieve various illegal ends.  Abuse of entrusted power for private (illicit) gains  Complex Phenomenon Bribes, fraud, extortion, favouritism, nepotism, embezzlement. Grey areas: Lobbying, gifts Dr. Md. Shamsul Arefin
  • 10.  Misuse of Authority  Misappropriation of Public Fund  Cheating public at large  Bribery  Asset beyond known source of income  Money laundering  Forgery  Schedule of Anticorruption act 2004 Dr. Md. Shamsul Arefin
  • 11. Definition of Corruption by WB 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 Laws According to the Section 2(e) of the Anti-Corruption Commission Act-2004 : ‘Corruption’ means the offences set out in the schedule to this law”. Dr. Md. Shamsul Arefin
  • 12. Dynamics of Corruption C =M+D-A-S Where, C=Corruption M= Monopoly D= Discretion A= Accountability S= Public sector salaries Discretion!!! The exercise of individual judgment, instead of formal rules, in making decisions is discretion. Whistleblower means- An employee who refuses to engage in and or reports illegal or wrongful activitiesDr. Md. Shamsul Arefin
  • 13. The Pillars of Anticorruption Integrity  Address risks openly  Promote a culture of discussion  Foster and protect whistleblowers (anonymity) Transparency  Publicise information (e.g. payments, regulatory decisions, selection criteria etc.)  Is the information accessible? (space, time) Accountability  More effective and efficient controls (externals, CS, medias etc.)  Avoid impunity (Law enforcement) Participation  Involve Civil Society and others (e.g. Report Cards, Integrity Pacts)  Train on how to use information? AC Risk Assessment Collective Action Effective Leadership Good Governance Dr. Md. Shamsul Arefin
  • 14. 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 others
  • 15. Transparency Integrity Accountability Whistleblower protection Aware Citizen Preventive Measures Enhanced Accounting and Auditing Standards Reducing Discretionary Authorities Create Competition Effective Civil, Administrative or Criminal Penalties
  • 16. Governance Deficiencies  Lack of transparency  Lack of competition  Monopoly  Weak Accountability  Weak transparency  High Discretion I MPACT OF CORRUPTI ON • InefficiencyInefficiency• InefficiencyInefficiency • Poor QualityPoor Quality • High CostHigh Cost • Poor QualityPoor Quality • High CostHigh Cost POOR SERVICEPOOR SERVICE DELIVERYDELIVERY Low investmentLow investment UnemploymentUnemployment Impede economic DevelopmentImpede economic Development POOR SERVICEPOOR SERVICE DELIVERYDELIVERY Low investmentLow investment UnemploymentUnemployment Impede economic DevelopmentImpede economic Development Dr. Md. Shamsul Arefin
  • 17. 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 programme
  • 18. Which one is transparent ? Dr. Md. Shamsul Arefin
  • 19. Dr. Md. Shamsul Arefin
  • 20. Dr. Md. Shamsul Arefin
  • 21. Major Initiatives to Enhance Transparency & Accountability • Transparency is about the sharing of information about government decisions and activities and access to information etc. • Right to Information Act • Citizens Charters • e-Government • e-procurement • Protection of whistle-blowers • Anti corruption act • Integrity Strategy Dr. Md. Shamsul Arefin
  • 22. AccountabilityAccountability  Ensure Optimum use of ResourceEnsure Optimum use of Resource  End CorruptionEnd Corruption InternalInternal && External CheckExternal Check InspectionInspection AuditAudit Monitoring &Monitoring & EvaluationEvaluation )) Own SatisfactionOwn Satisfaction Clients SatisfactionClients Satisfaction Optimum use of resourceOptimum use of resource End CorruptionEnd Corruption CorrectiveCorrective MeasuresMeasures Award /HonorAward /Honor CInInCInIn ConditionsConditions Own answer PenaltyPenalty IntegrityIntegrity Law & RulesLaw & Rules Dr. Md. Shamsul Arefin
  • 23. Implementation Process of Accountability ELEMENTS ISSUES 1. PROCUREMENT • Implement E procurement 2. FINANCIAL MANAGEMENT • Ensure strong internal controls • External audit • Minimize cash transactions • Adoption of Merit-Based Performance Incentive 3. DISCLOSURE • Minimize possible conflicts of interest • Enhance transparency through public disclosure 4. CIVIL SOCIETY ROLE • Greater involvement of Civil Society Organizations 5. COMPLAINTS & REMEDIES MECHANISM • Provide overall complaints and grievances mechanism 6. CODE OF ETHICAL CONDUCT • Establish Code of Ethical Conduct 7. SANCTIONS • No sanctions or immunity. 8
  • 24. 05/16/14 Md. Shamsul Arefin 27 Please indicate how much do you agree with the following statements  I would feel comfortable helping my relative to get promotion in my office, though he is not qualified.  I would feel comfortable helping my family members to get a job in my govt office even if they were not as qualified as another candidate.  I would feel obligated to use my influence as a civil servant to help my friend / relativeDr. Md. Shamsul Arefin
  • 25. Which Countries Are Corrupted • 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, 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. Bangladesh ranked 136 last year. Dr. Md. Shamsul Arefin
  • 26. Protection of Values  Now in many cases, people do not feel any hesitation to take paper, pen or ink from the office to home for personal use. But once taking pen or pencil or ink from office to home for personal use was considered as a serious offence.  Mr Mohammad Ali Ex, Chief Minister of Pakistan after submitting resignation letter from his office, he took pen of Bangabhaban with him beyond his knowledge. But when he had seen the pen in his pocket, he came back and returned it to Bangabhaban. If this is happened now a days, people might say it is done just as an administrative standbazi. Dr. Md. Shamsul Arefin
  • 27. 6 January 2013 Teaching of Hazrat Muhammed SA (Peace be upon him)  Prophet Hazrat Muhammed SA (Peace be upon him) once appointed Abdullah- bin –Laithai as Amil (tax collector). At the time of depositing the collected zakat before the Prophet Muhammad (Peace be upon him), Abdullah had divided that into two parts and said one part of this is zakat money from people, and the other is the gift presented by people to me.”  Hearing this, the Prophet (Peace be upon him) said, “Would the people have given the gifts to you if you had not been given the responsibility of collecting zakat?” Saying this, the Prophet of Islam instructed Abdullah to deposit the gifted amount along with the collected revenue to Baitulmal, and the following morning issued an official circular prohibiting officials to receive any gift from people. Another related Hadith is that: “He who receives bribe, he who offers bribe and the mediator between the two, are all equally doers of punishable offence”. Dr. Md. Shamsul Arefin
  • 28. Case Study 1 One day you are riding your motorcycle and a patrol car stops you on the motorway because you are not wearing your helmet. The patrol party tells you to pay a fine of Taka 2,000/-, but will ignore the violation if you pay him Tk 200. Questions: o What is wrong with this behavior? o Should you pay Taka 200 instead of 2000/-? Dr. Md. Shamsul Arefin
  • 29. Case Study 2 Mr. Peter needs to have his Identity Card processed at a government office. In order to speed up the process and avoid standing in line, he asks for someone help speeding things up. Later Peter has given him taka 200 as a gift. Questions: o What is the policy option ? o Did Peter’s action hurt others? Dr. Md. Shamsul Arefin
  • 30. Case Study 3 A young girl has failed her exam twice. She has one more opportunity to retake the exam. Her parents are afraid she will fail again, which will drastically reduce her opportunities to find a good job, a good husband, or to study further. In order to increase her chances of passing, the girl’s parents try to give an expensive reception to her teacher. Questions: o Would it make any difference if the gift was a book or flowers? o Can you tell a policy option to prevent this kind of situation? Dr. Md. Shamsul Arefin
  • 31. Case Study 4 You are an Executive Engineer and you receive a fund for building a bridge in your project. Your nephew happens to run a construction company and he makes it very clear that he expects you to give him the contract because you are a family. You realize that if you decide not to give him the contract, problems could arise within your family . Question: o What do you do? o Tell a policy option that prevents this from happening again. Dr. Md. Shamsul Arefin
  • 32. Conclusion Corruption is widespread in some countries because of  First, the motivation to earn income is extremely strong and the absence of risk-spreading Mechanisms. ( Low risk and high reward)  Second, Monopoly rents seeking behavior.  The discretion of many public officials is broad and this systemic weakness is exacerbated by poorly defined, ever changing, and poorly disseminated rules and regulations.  Accountability is typically weak. Competition are not perfect often restricted.  The two parties to a bribe often both benefit, bribery can be extremely difficult to detect.  The watchdog institutions are weak Dr. Md. Shamsul Arefin
  • 33. Dr. Md. Shamsul Arefin

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