Where government ends and ruling party begins

The report has further mentioned that between December 3, 2003 and October 16, 2005, the prime minister held meetings with the senior, and grassroots level, BNP leaders at PMO, PMB and PMEO, and particularly urged the grassroots level leaders to hold more meetings in the districts, upazilas and unions to gear up party activities to face the opposition's "negative politics" politically. She also held meetings there with the alliance leaders and urged them to work unitedly to ensure victory for the alliance in the parliamentary election scheduled to be held in January, 2007.

Now, a question has been raised as to why all this has been going on. This article, therefore, makes an attempt to discuss the issue.

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First, there does not appear to be any law in force that prevents the prime minister, who has been vested with the chief executive power of the republic, from using her earmarked office(s) for discussing therein her party affairs with the leaders of her party during the tenure of her government.

Second, the prime minister and her cabinet colleagues combine in them dual functions namely, party and governmental functions, and as such they are required to use their offices, circuit houses for discharging party and governmental activities during the tenure of the government.

Third, there does not appear to exist any law that prevents the prime minister from using helicopters, or other modes of transport, to visit different parts of the country to address public meetings, or rallies, to seek public support for her party in any election before, or after, inauguration of development works in the area during the tenure of her government.

The prime minister's (Remuneration and Privileges) Act 1975, as amended from time to time, simply states that the prime minister, and his/her family, shall be entitled to requisition any mode of transport convenient to him/her for his/her use as well as for the use of his/her family, at government cost.

Fourth, the Election Code of Conduct of Bangladesh, 1996 (notified in the official gazette on April 26, 1996) prescribes the code for the political parties, and contesting candidates, in the general election for the pre-poll period, that is, for the period commencing with the announcement of the election schedule and ending with the declaration of results, says (without mentioning the ruling party) that no candidate, or political party, or anybody on their behalf shall use the government media, government officers, employees, transport or other state facilities following the announcement of the election schedule. Since the general election in Bangladesh is held under a non-party caretaker government, a reference to the party in power is not required here.

Fifth, it is unfortunate that in the 34 plus years of independence no attempt has been made by the ruling political parties to draw a clear demarcation line between party and governmental functions. Consequently, ruling party activities have been mixed up with governmental activities. We often see a powerful member of the ruling party, who is neither a minister nor a member of parliament, inaugurate government development works, and enjoy VIP protocol.

Last, but not the least, unlike India, the chairpersons/presidents of the political parties which have so far ruled Bangladesh have also held the post of the chief executive of the republic, irrespective of the presidential or parliamentary character of the government. In the absence of a powerful party chief, who is neither the prime minister nor a member of the cabinet, it has not been possible to develop a party watchdog that would oversee whether the cabinet members follow democratic norms and moral values in running the affairs of the government.

I have discussed with some civil society leaders and knowledgeable people the question regarding the prime minister's use of state offices for party activities. They are of the opinion that the question is moral, not legal. They have suggested that, to prevent recurrence of such misuse of state facilities by the prime minister and her cabinet colleagues, legal measures have to be taken to accurately separate the activities of the government and the ruling party. This will help develop transparency in the government work, prevent wastage of public money and develop moral values in the government functionaries and political leaders.

Experiences of the past three decades or so in Bangladesh are enough to establish the need for drawing a clear demarcation line between ruling party and governmental activities to ensure transparency in government and develop moral principles among our politicians. Legal steps are necessary to give effect to such demarcation; and the political parties, in particular, the BNP-led alliance and the main opposition AL, should come forward to achieve this objective.

M Abdul Latif Mondal is a former Secretary.