Assessing our performance ahead of Bijoy Dibosh

Quite naturally, like any other Bangladeshi, I have been thinking about the state of our Nation. How have we done over the past year? Are we really moving forward? Have we been able to tackle the image problem?

The government, it is true, deserves a pat on its back for allowing continued freedom of expression in the media, both electronic and print. However, that is where the good news ends.

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Lately, one has watched with dismay the unfolding of bad tidings from many fronts. The practising of democracy and observance of good governance, most unfortunately, has receded further into the horizon. Controversy has been generated within the Parliament, the judiciary and the executive. Important tasks pertaining to constitutional reforms and the separation of the judiciary from the executive have remained unfulfilled.

The functioning of the Parliament and its vital instrument the Parliamentary Standing Committees, have been, to say the least, less than satisfactory. The powers that be, seem to have forgotten how important such Committees are not only for the practice of true democracy but also in the strengthening of the democratic process as an institution. The inability of these Committees to properly scrutinise the activities of various Ministries has only contributed towards potential corruption, nepotism and the criminal nexus that has grown within the body-politic of our nation.

The main opposition party -- Awami League -- had been boycotting parliamentary sessions, but they have come back to the Jatiya Sangsad. Nevertheless, the parliamentary agenda appears to be under focus only in fits and starts. There is less than comprehensive discussion of serious, debatable issues, ranging from law and order to high prices.

It is, as if, the parliamentary matrix is being hobbled together without any suitable direction.

It would be useful if the people were kept informed ahead of time about the anticipated parliamentary agenda for the coming year. That would put at rest unnecessary speculation about the Parliament having a hidden agenda before a general election. I am not taking into cognisance sessions specific to budgets. I am relating to other subjects like possible amendments pertaining to the electoral process.

In this context, it would also be reassuring to know ahead of time, if the Parliament is planning to address itself to subjects like pre-emptive measures pertaining to the curbing of corruption, failure in development administration, improper utilisation of foreign assistance, inefficient use of scarce energy resources, accessing to outsourcing opportunities emerging from information technology, completion of requisite rules for the formation of the judicial service (consistent with the directives of the Supreme Court) and encouragement to be given towards export diversification and better health care.

One may turn next to the continuing crisis related to corruption. Finance Minister Saifur Rahman during his recent visit to Europe is understood to have had discussion with senior executives of Transparency International, the anti-corruption watchdog based in Berlin. Hopefully, the Minister, after his belated effort, has been explained satisfactorily the 'wholesale basis' as to why Bangladesh, whose eighty per cent of the population live in the rural areas, is being regularly branded as 'the most corrupt country' in the world.

I also hope that our Finance Minister and our current Administration profits from such explanation. The Finance Minister has already commented that such classification is hurting the country in terms of foreign assistance and investment. He is absolutely right. It is downright embarrassing and something needs to be done urgently.

That includes the setting-up of a 'non-controversial' Anti Corruption Commission (ACC) and 'that' does not appear to be taking place. Many steps have been taken in this direction but not all of them have been accepted universally.

The government has already finalised constituting the Commission and the draft of the pay structure of this Commission. It has also amended the Criminal Law Amendment Act, 1958 to effect the ACC Act (passed on 17 February, 2004).

The Law Minister had informed the Press that the existing Bureau of Anti-Corruption (BAC) would be abolished with the launching of the ACC. He had also mentioned that the cases filed by the BAC, pending before the Courts, would henceforth come under the new ACC.

What the Minister has however failed to mention is whether the personnel responsible for curbing corruption within the framework of the previous BAC will again be given the responsibility of stopping corruption within the ACC. One must at this point refer to the need to be selective and avoid old wine in a new bottle. The investigative process could probably do with a good overhaul.

The spirit and scope of effecting anti-corruption measures and containing this evil can only succeed if the ACC enjoys sufficient financial autarky, true autonomy and independence of action in the discharge of its responsibilities. There should be a fresh start. They may also like to remain in touch with institutions like the Transparency International to see how outsiders are evaluating their performance.

It must also avoid being tainted with the brush of politics. If this is not done, we will continue with the endless circle where hundreds are charged with corruption under one Administration, and then declared innocent by the successor government. That, in my opinion, is mockery of the legal and judicial process. It also emboldens others to practise corruption, knowing full well that they might be able to get away later on, with pleas of political victimisation.

One can only hope that readers of this column do not ever have to go through the rigours of being charged with corruption on flimsy grounds that are expunged subsequently. It is an excruciating experience that leaves the so-called accused in a state of fragile mental health.

This yearly assessment would also remain incomplete if reference is not made to the unfortunate habit of charging people with serious crimes and the growth of vigilante justice in the countryside.

In this context, it was disturbing to read that more than 72,000 persons had been freed from detention since the present BNP-led four-party alliance has come to power. They have been described as 'political victims' of the previous government despite having been charged with offences like rape, murder, arson and possession of illegal weapons.

The Opposition parties on the other hand have been claiming that sine the present Administration has come to power, thousands of their activists have been detained on flimsy charges. One does not know what to make of this tragedy.

We are already aware that several cases are presently pending in the higher Courts related to extensive detention without sufficient cause. Public interest litigation suits have tarnished the image of those responsible for justice, law and order. One can only suggest that we need a fresh and less controversial approach in dealing with political dissent. In democracy, everyone has the right to disagree.

The other aspect is vigilante justice and the goal of fighting crime being used as a 'justification for trampling the rule of law'. Custodial and 'crossfire' deaths should never be encouraged as they tend to circumvent the existing process of rule of law. In the same vein, vigilante justice, without permitting the accused proper defence, as available under law, must be avoided.

We have had Ramadan and Eid. We have another Eid due in less than two months. In between, however, the nation is expected to face a fair degree of political agitation. The 900 kilometre long human chain today, winding through 18 Districts and 48 Upazilas will codify its own message. There will, in all probability, be a more vigorous movement by the Opposition this winter. Their anger would only reflect the disappointment, that despite many assurances, no one as yet has been punished or charged for the gruesome grenade attacks against the various political leaders. They will also protest against the high prices of essential commodities that continue to affect the poor, lower and middle classes.

We have had a difficult year -- controversy within the judiciary both with regard to the appointment of judges and their qualifications, reports of corruption in various sectors, continuing lack of institutional arrangements to avoid human rights violations (status of Ahmadiyas being a case in point) and failures in foreign policy (election to the post of Secretary General of the OIC). Our performance could have been better. We owe this to our many martyrs, who sacrificed themselves this month. Without them, we would not have enjoyed our present freedom.

Muhammad Zamir is a former Secretary and Ambassador (any response to mzamir@dhaka.net)