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2007 Assessment

Bangladesh: Integrity Indicators Scorecard

Bangladesh: Integrity Scorecard Report > Sub-Category: Civil Society Organizations
Indicators		Score
1	Are anti-corruption/good governance CSOs legally protected?	100
2	Are good governance/anti-corruption CSOs able to operate freely?	67
3	Are civil society activists safe when working on corruption issues?	100
4	Can citizens organize into trade unions?	88

Indicator and sub-Indicator Details

Are anti-corruption/good governance CSOs legally protected?

1a: In law, citizens have a right to form civil society organizations (CSOs) focused on anti-corruption or good governance.

Score:

YES

Comments:

References: In Bangladesh, there are a number of laws under which citizens have the right to form a civil society organization as an NGO. It can be registered under any one of four laws, such as: (1) Societies Registration Act of 1861; (2) Trust Act of 1882; (3) Companies Act of 1913; (4) Cooperative Societies Ordinance of 1964. Besides, there are number of regulations and ordinances that govern NGOs activities. Fore more details: ADB, A study of NGOs: Bangladesh; Transparency International Bangladesh (www.ti-bangladesh.org)

1b: In law, anti-corruption/good governance CSOs are free to accept funding from any foreign or domestic sources.

Score:

YES

Comments: With prior approval of the Government of Bangladesh, any organizations registered as an NGO may receive or operate foreign funds.

For more details please read: ADB, A Study of NGOs: Bangladesh, 1999 and/or visit [ LINK ]

References: The Foreign Contributions (Regulation) Ordinance, 1982. Ordinance No. XXXI of 1982, Bangladesh

Peer Review Comments: There has been another law that allows foreign donations in development issues: The Foreign Donations (Voluntary Activities) Regulation Ordinance 1978. Ordinance No. XLVI of 1978

1c: In law, anti-corruption/good governance CSOs are required to disclose their sources of funding.

Score:

YES

Comments: NGOs (including CSOs) who received foreign donations on approved projects must submit the statements of foreign donations received and expenditure in the NGO Affairs Bureau of Bangladesh.

For more details please read: Mokbul Morshed Ahmad, The State, Laws and Non-Governmental Organizations (NGOs) in Bangladesh, vol.3, Issue March 3, 2001, A quarterly publication from International Center for Not-for-Profit Law.

References: The Bangladesh Bank (Regulation Rules: Section 4(4): 1978; The Foreign Contributions (Regulation) Ordinance, 1982; Working Procedure of Foreign-assisted Bangladeshi Non-Government Voluntary Organization (NGOs) A Circular, July 27, 1993

Are good governance/anti-corruption CSOs able to operate freely?

2a: In practice, the government does not create barriers to the organization of new anti-corruption/good governance CSOs.

Score:

100

Comments:

References: Interview with Advocate Manzil Murshid, executive president of Human Rights and Peace for Bangladesh (HRPB) & advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007 at 8.00 p.m.

BRAC University, Center for Governance Studies, Dhaka, December 2006, The State of Governance in Bangladesh 2006, www.cgs-bu.com

Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003.

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal , Bangladesh, Aug. 12, 2007

Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007 at 10.30 a.m. (over phone).

Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007 at 10.30 a.m. (over phone).

2b: In practice, anti-corruption/good governance CSOs actively engage in the political and policymaking process.

Score:

100

Comments:

References: BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, Dhaka, December 2006, www.cgs-bu.com

Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003.

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal , Bangladesh, Aug. 12, 2007

Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007 at 10.30 a.m. (over phone).

Interview with Lt. Col. (Rtd.) Farouque Khan, former Member of Parliament (MP), Dhaka, Sept. 6, 2007 at 10.30 a.m. (over phone).

Interview with advocate Manzil Murshid, executive president of Human Rights and Peace for Bangladesh (HRPB) & advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007 at 8.00 p.m.

2c: In practice, no anti-corruption/good governance CSOs have been shut down by the government for their work on corruption-related issues during the study period.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned is there were no CSOs shut down by the government or forced to cease operations because of their work on corruption-related issues during the study period. NO: A NO score is earned if any CSO has been effectively shut down by the government or forced to cease operations because of its work on corruption-related issues during the study period. The causal relationship between the cessation of operations and the CSO\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the CSO was forced to cease operations due to its work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: After releasing the Corruption Database 2005 report of TIB in July 2006, the Govt. of Bangladesh, especially two ministers showed unprecedented negative reaction including threats of legal action against TIB and the chairman of Board of Trustees of TIB. Even it was discussed in National parliament by ministers and called for a coalition of all major parties against TIB by the ruling party MPs. TIB also faced the problem of delay in approval of fund-release from NGO Affairs Bureau of the government, as always.

[ LINK ]).

References: Annual Report 2006, Transparency International Bangladesh, [ LINK ]

BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, Dhaka, December 2006, www.cgs-bu.com

Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003.

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

Interview with G M Kader, former 0ember of Parliament (MP), Dhaka, Sept. 6, 2007 at 10.30 a.m. (over phone).

Interview with Lt. Col. (Rtd.) Farouque Khan, former Member of Parliament (MP), Dhaka, Sept. 6, 2007 at 10.30 a.m. (over phone).

Interview with advocate Manzil Murshid, executive president of Human Rights and Peace for Bangladesh (HRPB) & advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007 at 8.00 p.m.

Are civil society activists safe when working on corruption issues?

3a: In practice, in the past year, no civil society activists working on corruption issues have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no CSO activists imprisoned because of their work covering corruption. YES is a positive score. NO: A NO score is earned if any activist was jailed in relation to work covering corruption. The causal relationship between the official charges and the person\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the person was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

[ LINK ]).

References: Annual Report 2006, Transparency International Bangladesh, [ LINK ]

BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, Dhaka, December 2006, www.cgs-bu.com

Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003.

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

Interview with G M Kader, former 0ember of Parliament (MP), Dhaka, Sept. 6, 2007 at 10.30 a.m. (over phone).

Interview with Lt. Col. (Rtd.) Farouque Khan, former Member of Parliament (MP), Dhaka, Sept. 6, 2007 at 10.30 a.m. (over phone).

Interview with advocate Manzil Murshid, executive president of Human Rights and Peace for Bangladesh (HRPB) & advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007 at 8.00 p.m.

3b: In practice, in the past year, no civil society activists working on corruption issues have been physically harmed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists covering corruption being assaulted in the specific study period. A YES score can be earned if there was an attack but it was clearly unrelated to the activist\'s work. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period of assault to an activist who covers corruption. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

[ LINK ]).

References: Annual Report 2006, Transparency International Bangladesh, [ LINK ]

BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, Dhaka, December 2006, www.cgs-bu.com

Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003.

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

Interview with G M Kader, former 0ember of Parliament (MP), Dhaka, Sept. 6, 2007 at 10.30 a.m. (over phone).

Interview with Lt. Col. (Rtd.) Farouque Khan, former Member of Parliament (MP), Dhaka, Sept. 6, 2007 at 10.30 a.m. (over phone).

Interview with advocate Manzil Murshid, executive president of Human Rights and Peace for Bangladesh (HRPB) & advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007 at 8.00 p.m.

3c: In practice, in the past year, no civil society activists working on corruption issues have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists being killed because of their work covering corruption in the specific study period. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period where a person was killed related to a corruption trial, scandal or investigation. The relationship between a mysterious death and an individual\'s history may not be clear, however the burden of proof here is low. If it is reasonable that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

[ LINK ]).

References: Annual Report 2006, Transparency International Bangladesh, [ LINK ]

BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, Dhaka, December 2006, www.cgs-bu.com

Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003.

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

Interview with G M Kader, former 0ember of Parliament (MP), Dhaka, Sept. 6, 2007 at 10.30 a.m. (over phone).

Interview with Lt. Col. (Rtd.) Farouque Khan, former Member of Parliament (MP), Dhaka, Sept. 6, 2007 at 10.30 a.m. (over phone).

Interview with advocate Manzil Murshid, executive president of Human Rights and Peace for Bangladesh (HRPB) & advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007 at 8.00 p.m.

Can citizens organize into trade unions?

4a: In law, citizens have a right to organize into trade unions.

Score:

YES

Comments: Article 38 of the Constitution states that, " Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order"

References: Art. 38 of the Constitution states that, " Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order". For more details please visit: [ LINK ].

Peer Review Comments: Although the constitution and other laws allow any citizen to form an association or union or any organization, the imposition of a state of emergency in early 2007 kept suspended all sorts of activities by the collective bargaining agents. The rights are still suspended in line with the Emergency Powers Rule 2007 promulgated on Jan. 25.

4b: In practice, citizens are able to organize into trade unions.

Score:

100

Comments: In Bangladesh, citizens can organize into trade unions, except for a few organizations, e.g. Export Processing Zone (EPZ).

References: U.S. Department of State Country Reports on Human Rights Practices 2006, Released by the Bureau of Democracy, Human Rights, and Labor, March 6, 2007, [ LINK ]

BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006 Dhaka, December 2006, www.cgs-bu.com

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

Interview with advocate Manzil Murshid, executive president of Human Rights and Peace for Bangladesh (HRPB) & advocate of Supreme Court of Bangladesh, Dhaka, Aug. 17, 2007 at 8.00 p.m.

Peer Review Comments: Trade unions were more focused on the politics of certain parties, not mainly on the welfare of the workers. In fact, trade unions had become front organizations of certain political parties.