For a corruption-free country

Poverty is a major problem of the country. Corruption is the main obstacle to poverty alleviation and development. The lion's share of foreign aid and development allocations is eaten up by it. It can be said that the country's life force is getting exhausted due to corruption. The government, the policy makers, professionals, civil society and the general public all wish to see the country free from corruption.

Various limitations of the Bureau of Anti-Corruption were revealed through the investigative research of Transparency International Bangladesh (TIB). The research findings concluded that no effective measure could be taken for combating corruption if the anti-corruption institution is not independent. An anti-corruption commission free from government influence is needed if steps are to be taken against all categories of people involved in corruption. The two major political parties of the country are also pledge-bound to the nation on this issue. A positive response has already been apparent on the side of the government regarding the setting up of an anti-corruption commission. On 10 July a draft bill was presented to Parliament on this issue.

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The demand for an independent, neutral and effective anti-corruption commission for curbing the all-pervasive corruption in the country is a long-standing one. TIB has been striving hard to propagate the justifications for this demand and to bring it to the notice of the government.

TIB has prepared an amended organisational structure in the light of the existing organogram of the Bureau of Anti Corruption, taking into consideration the opinions of various quarters. It dwells on the composition of the Commission, it's legislation, the process of recruiting Chairman and Members, the qualification and tenure of the Chairman and Members of the Commission, their salary-allowance and other facilities, etc.

The second chapter of the working paper also makes prescriptions about the organisational set-up of the existing Bureau of Anti-Corruption in the light of the proposed framework. These include the operations department, case registration team, case working team, corruption investigation team, legal team, corruption prevention department, etc.

The third chapter discusses the functions, responsibilities and legal powers of the proposed Anti Corruption Commission. It describes its tasks and duties, legal jurisdiction, sanctioning authority, external interference in its functioning, the power to take action against false, concocted and motivated complaints, mechanism for bearing the cost of cases, the power of examining bank accounts and taking stock of properties, arrest of the accused during submission of charge-sheet, terms of punishment for elected representatives, members of law enforcement agencies, officers of civil service of the rank of Deputy Secretary and above, required powers for bringing back money smuggled out of the country, etc.

The fourth chapter sheds light on maintaining a check and balance in the workings of the Commission, its budget, taking action against internal corruption within the Commission, evaluation of the Commission's performance, submission of reports by the Commission, public relations, litigations, etc.

The draft framework for an independent Anti-Corruption Commission, as proposed by the TIB, suggests that it may be formed with one Chairman and two Members. The President would appoint the Chairman and Members on the basis of recommendations put forward by Constitutional Council.

The Constitutional Council would comprise of one representative each from the Prime Minister and the Leader of the Opposition; they would nominate two other members after discussion with the Chief Justice. The Constitutional Council would have a total of five members. The Chief Justice would preside over the meetings of this Constitutional Council. The Council would nominate through consensus those persons whom it considered qualified for the positions of Chairman and Members of the Commission; but they should all be at least 50 years of age. The Chairman would enjoy the rank and status of a Judge of the Appellate Division of the Supreme Court while the Members would be equivalent to the Judges of the High Court Division. Subject to stipulations in the Constitution, the Chairman and Members would be appointed for a tenure of five years.

The Chairman and Members of the Commission would grant permission for undertaking inquiry, filing cases and submission of charge-sheets against all levels of officers and employees and people enjoying VIP status; the decision of the Chairman would be final in these matters. They would not require approval from any other person and there would be no external interference. If anyone gives wrong information or submits false, concocted and motivated complaint with the object of harassing somebody, then he would be identified and awarded maximum jail-term of five years and fined Taka two lakh. Generally, both the giver and taker of bribes as well as its instigator would be punished, if proved; besides, the expenses of the trial would be elicited from them.

The proposals made by TIB certainly deserve due attention of the government. Besides, opinions of those experienced on the structure of the commission should also be sought. The viewpoints of the general masses may also be taken into cognisance with the help of the mass media. Arrangement should be made reposing sanctioning authority on the commission so that it can decide independently on legal measures, keeping the people informed about the workings of the commission through the masse media and make arrangements to ensure its accountability. Above all, there should be clarity regarding the independence, efficiency and effectiveness of the commission as well as the extent of its jurisdiction.

The country would be able to make great strides in tackling corruption and establishing good governance if the commission is formed keeping it above political considerations and if it is allowed to function independently.

Mohammed Imam Uddin, a journalist, is Outreach Relations Officer, Transparency International Bangladesh