Anti-Corruption Commission: A missed opportunity?

Dr. Iftekharuzzaman
When the Anti-Corruption Commission (ACC) was set up in November 2004, notwithstanding the reported controversies about the credibility of the commissioners and their selection process, TIB wanted to see it as an opportunity. We thought that it had marked an opening to meet public demand and expectation for a truly independent and effective institution to address the challenges of corruption.

It could also be viewed as a positive signal of a political will and commitment of the government against the menace of corruption, implications of which are already as disgraceful as unbearable. As a co-stakeholder, TIB also offered to extend all possible support and cooperation within its capacity, to which we are awaiting specific response from the commission, which we were promised.

We further expected that even within the limitations and predicaments with which it came into being, the commission would possibly make best efforts to indicate at least a vision and a sense of direction.

However, if the past several months are any indicator for the future, the ACC has not only led to doubts about the seriousness of purpose on the part of the government, the commission has also created a credibility crisis of its own. Disappointing as it is for the citizens of this country, it could soon turn out to be a missed opportunity.

There are hardly any evidences yet of a truly independent status of the commission, nor are there any reasons to believe that it can function effectively given that for all practical purposes it remains under the government's financial and administrative control.

The commission has not delivered on any of its key strategic tasks, not to speak of articulation of a vision for itself and a policy to implement the same. Instead, it has created quite an image crisis thanks to controversial decisions such as absorbing all the staff of the erstwhile Bureau of Anti-Corruption (BAC). The defunct BAC was neither active nor effective. It did not enjoy people's trust and credibility. Most of the staff lacked honesty, neutrality, and efficiency. Rather than fighting corruption, the bureau became a convenient politically-motivated tool in the hands of the government. Hence, demands were raised for its abolition. The fundamental objective of the Anti-Corruption Commission would be lost if that same manpower is absorbed wholesale. The law on the commission is also against this.

Differences of opinion among the commissioners on key issues, such as division of powers and responsibilities to the extent of a confrontational interpersonal relationship, also have not served the commission's cause. To make matters worse the chairman faces the challenge of convincing the court that his appointment was not unconstitutional.

In spite of all these, not everything may have been lost yet. What is urgently needed is a set of convincing evidences of commitment and capability of the commissioners to rise up to the lofty task they have accepted. For properly running the affairs of the commission, it should without any further delay articulate its strategy and a set of practical policies for curbing corruption. No less pressing is the need to adopt its organisational structure, and clarify decision making process and management policy.

The commission should open itself up to drawing from the expertise and experiences available within the country that are not difficult to find. It should also learn from some of the international best practices and tools in situations where such institutions have been successful.

An independent, committed, and dynamic Anti-Corruption Commission that could work without fear or favour has been a longstanding dream and demand of the people of this country. Setting up of the commission is not an end in itself -- it is only an important step on a long and arduous road. True to the letter and spirit of its political commitment, the government must ensure the commission's full independence inclusive of financial powers, so that it can function effectively. Otherwise, the Anti-Corruption Commission could turn out to be another unnecessary, intolerable, and unacceptable burden for the nation.

Dr. Iftekharuzzaman is Executive Director, Transparency International Bangladesh.