Lack of law and order and suitable governance

Bangladesh today is on a downward spiral. Unfortunately, discipline, impartiality, fairness and honesty -- all such elements, are becoming rare indeed. Our national ethos and dignity are being battered through embarrassing accusations. We have managed to scale the undesirable height of being reputably the most corrupt nation.

Every morning I dread to open the daily newspaper. Without fail, I meet different sides of our character which leave a bad taste in the mouth. Unpalatable items reach out and attract the attention of the reader.

Tap here to add The Daily Star as a trusted source

The other day while government officials were stressing on excellent existing investment climate in Bangladesh (in a seminar), a group of Japanese investors in our country were accusing 'government officials of demanding bribes for customs clearance, visa issuance, work permit renewals, permission for selling products and other services'. In addition, other foreign investors have stated that they are regularly victims of poor law and order, of robbery and theft, carried out with impunity by 'armed mafia' at construction sites, mostly outside Dhaka.

The Japanese and Koreans are traditionally very patient and polite in their response to given situations abroad. They really do not want to create ripples. The fact that the Japanese Ambassador was constrained to draw the attention of the Finance Minister to this malaise is indeed a cause for serious concern.

I feel genuinely worried. My sense of disappointment is enhanced because I have on-hand experience about the hard work that goes in to bring foreign investors to our country. I have spent more than three decades in different Bangladesh embassies abroad, projecting our country and trying to make economic diplomacy work. This has included meetings with different foreign chambers of commerce and business houses. Our diplomats in the Far East must have equally worked long hours urging businessmen to visit Bangladesh and participate inter-actively with its growing economy. They must have assured businessmen that there was stability in Bangladesh and that democratic norms and law and order processes were respected. They must have also informed investors about the security of prospective investment. If at the end of the day, investors have to complain in this manner, then someone surely is not looking after the store.

We are competing today for scarce funds and trying our best to emerge out of the 'negative' stereotyping with which we are usually associated. Regular cyclones, floods, loss of lives through launch disasters have all juxtaposed together to create their own trademark about our country. Added to this unsavoury brew are reports of forged certificates, acid thrown on women, work stoppages through 'hartal', cheating in examinations, systems loss (read theft) in the power sector and adulterated drugs and food items. We really have a problem.

One does not want to be pessimistic, but one should not refrain from self-criticism. This is particularly necessary given the many other creditable achievements made in the sectors of micro-credit, literacy, family planning and food self-sufficiency.

In any civilized society, in any sovereign country, the State expects its citizens to behave responsibly and cooperate with the administrative machinery and abide by the laws of the land. This is done on the premise that the State will also arrange a level playing field. The citizens, on the other hand, also expect, and most rightly so, that those responsible for running the State machinery will provide the citizens a minimum level of acceptable and satisfactory standard of living. Such an ambience would however depend, as far as possible, one existing resources.

We are relatively a poor country and suffer from many disadvantages. However, it is time that we take steps to avert 'evils' which are of our own creation. Our government also has to assist in this process through constructive and responsive governance. This is a two way street where all of us have to strive together. Criminalisation of politics and maintaining 'mastaans' in aid of selfish interests are not helping our social and moral frameworks.

On one side, one notices larger congregations in places of worship. On the other, one also discerns a pervasive 'informal economy' that subsists and is growing on illegality and corruption. It is practically impossible today for an ordinary citizen to obtain redress or assistance from a public utility company as a matter of right. Palms have to be greased at every level.

Things which are taken for granted elsewhere are subject to all sorts of stress in Bangladesh. In the postal system, contents in parcels go missing. In other related areas like power, gas, water and telecommunications, Bangladeshi citizens, unless they are privileged enough to be part of the existing machinery ruling Bangladesh, at that particular time, will have less than a viable chance to achieve any success.

There was a time not many years ago, when a person's reputation was important. Call it commercialisation, or give it any other name, we have today a serious erosion in our values. It has come to a point where many count their most valued 'friend' to be the meter readers of utilities. Without batting an eyelid, many educated people who look upon themselves as 'bhadrolok', participate most willingly in the process of 'systems loss'. This web of corrupt consumers is slowly destroying the State. They are being able to do so because the ill-gotten wealth finds its way to those who are supposed to ensure that such malpractices do not take place.

We have an economy that is struggling to survive amidst major challenges. If we are to succeed, we have to go back to our basics -- and that will not be achieved by politicising the administrative cadres and the judicial process. These will only create loss in credibility and an inclination among civil servants to forsake the 'straight and narrow' for the 'flexible and end justifies means' approach. This nation must not be cheated of its basic values. Senior bureaucrats and lawyers have pointed out more than once that 'promotion should be given on the basis of fitness'. Linking this to politics creates intimidation and should be avoided at all cost.

In this context, one cannot also understand why the present government has been unable till now to increase the retirement age to sixty as has been done already in Pakistan and India. This would then stop 'contracted appointments' and the associated stigma of politicisation. Apparently, the previous caretaker administration had made up its mind to do so, but refrained from taking the final decision as they thought that this was a matter of policy and so out of their area of competence. Governance would be greatly streamlined if the administrative machinery could function with some degree of certainty.

The picture begins to be really soggy if one turns to the judiciary. Various representatives of civil society have in the recent past categorically claimed that corrupt practices have gained ground even in this hallowed sanctum. Accumulated delays and sluggishness of the judicial process have also created their own dynamics. A press report last month indicated that nearly one million cases are pending in different Bangladesh courts for disposal. In Dhaka city alone, the number of cases to be settled in the Artha Rin Adalat is 3,543, involving a startling 6,000 crore Taka. It is true that this government has started the fast track adjudication process for some of sensational cases. This is a good step. However, one needs to ascertain whether similar efforts can be made with regard to pending civil and company litigation and adjudication.

Alarm bells are ringing in the corridors of our judiciary and it is important that we take note. Recently, the former Chief Justice and head of a former caretaker government, Justice Habibur Rahman has observed that the constitution is not being followed in running the country. This is indeed serious and can be the harbinger of dangerous tidings. Politicians of all shades of opinion have to abide by certain least common denominators, otherwise the advantages of the democratic process will be denied and society will be reduced to utter helplessness.

Our education sector similarly leaves a lot to be desired. The regulatory mechanism guiding this important area of activity suffers in more ways than one. Strict supervision during examinations have led to thousands of examinees being expelled. However, the more significant aspect of controlling the educational competence of the many educational institutions in the private sector is being overlooked. Today, lack of regulation and strict monitoring has led to the proliferation of many colleges and universities whose infrastructure and performance can only be described as dubious. Most of them have the following in common -- high tuition fees but poor teaching staff and absence of suitable libraries.

This approach of taking advantage of social needs and manipulating citizens is also evidenced in the raw frontier of private clinics and pathological labs.

I think it is a failure for any government if it is unable to assure satisfactory main-stream education and healthcare. I cannot understand why the government has not as yet been able to truly set up the Office of the Ombudsman or an impartial Human Rights Commission. If such facilities were available, then affected citizens could seek redress for injuries caused to them or their rights were denied.

We can move forward only if there is accountability. For law to be effective, the process of its enforcement should also be clear of political influence-peddling and interferences. Similarly, enforcement of legal provisions should avoid being selective. If this is not done, it will lead to confrontational politics and associated evils like land grabbing, toll collection, drug dealing, abduction and general lawlessness.

For some, politics today has become their meal ticket. Unfortunately, we do not produce statesmen any more. Once the elections are over, the people's representatives hardly maintain regular contacts with their electors. They are forgotten and the MP remains busy with personal lobbying at the Secretariat in Dhaka. This is done without any pangs of conscience. He feels he has to recoup the 'investments' made on the way to the election.

Reforms are needed and that too urgently. We are at an important cross-road in our national history. It is incumbent on all concerned to rise over party politics, partisanship and mutual recriminations. The first step however is good governance and that has to be provided by the administration in power.

Muhammad Zamir is a former Secretary and Ambassador.