| Bangladesh: Integrity Scorecard Report > Sub-Category: Anti-Corruption Agency | ||
| Indicators | Score | |
| 71 | In law, is there an agency (or group of agencies) with a legal mandate to address corruption? | 100 |
| 72 | Is the anti-corruption agency effective? | 81 |
| 73 | Can citizens access the anti-corruption agency? | 63 |
Indicator and sub-Indicator Details
| 71 | In law, is there an agency (or group of agencies) with a legal mandate to address corruption? | |||||||
| 71: In law, is there an agency (or group of agencies) with a legal mandate to address corruption? | ||||||||
|
||||||||
|
Comments: References: Anti-Corruption Commission (ACC) [ LINK ] [ LINK ]
Peer Review Comments: The Independent Anti-Corruption Commission was formed in 2004, but it remained ineffective until the present interim government came to power under a state of emergency on Jan. 11, 2007. It reconstituted the ACC, which is now functioning independently.
|
||||||||
| 72 | Is the anti-corruption agency effective? | |||||||
| 72a: In law, the anti-corruption agency (or agencies) is protected from political interference. | ||||||||
|
||||||||
|
Comments: Article 3(2) of the Anti-Corruption Commission Act 2004 states that "the Commission shall be independent and impartial". References: Anti-Corruption Commission Act 2004 www.unpan1.un.org/intradoc/groups/public/documents/APCITY/UNPAN019089.pdf
Peer Review Comments: In recent times, the government initiated a process to give full autonomy to the Anti-Corruption Commission, with budgeting authority.
|
||||||||
| 72b: In practice, the anti-corruption agency (or agencies) is protected from political interference. | ||||||||
|
||||||||
|
Comments: The Anti-Corruption Commission (ACC) is now more active, effective and non-partisan than ever before. Due to political influenced and lack of commitment and capacity of the former chairman and commissioner of the ACC, Justice Sultan Hossain Khan, people began to wonder about the effectiveness and necessity of ACC. On Feb. 22, 2007, the caretaker government appointed Lt.Gen.(Retd.) Hasan Mashhud Chowdhury as a chairman and other two individuals as members, who are all known as men of high integrity and efficiency. The caretaker government had already amended the Anti-Corruption Act, 2004, and published the Anti-Corruption Commission Bidhimala (Rules), 2007 to strengthen the ACC. Moreover, a high-powered National Coordination Committee (NCC) was constituted for leading the country-wide operation to curb corruption and major grievous offences. On March 8, 2007, the caretaker government issued a gazette notification to give the legal shape to the NCC. A large number of high-profile politicians, businessman, bureaucrats, including two former prime minister and about 200 former ministers, political leaders, MPs, bureaucrats, members & chairmen of different city corporations, had been questioned or detained, awaiting trial. Some have already received sentences and/or fines. However, they are still dependent on the government for budget and recruitment, therefore the government can exercise a strong influence. References: The Daily Star, July 5, 2007 [ LINK ] The Daily Star, Aug. 14, 2007, [ LINK ] Chief Advisors Office, Government of the Peoples Republic of Bangladesh, Address to the Nation by the Honorable Chief Adviser of the non-party Caretaker Government Dr. Fakhruddin Ahmed, Dhaka, Sunday, Jan. 21, 2007, [ LINK ] 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 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. Shamim Ahmad The War of Corruption published in Dhaka Courier, March 16-22, 2007, vol.23 issue 34, www.dhakacourier.net
Peer Review Comments: The practice has improved a lot after the present interim government of Fakhruddin Ahmed took over on Jan. 11, 2007. His government has launched a massive campaign to crack down on corruption.
Peer Review Comments: Moreover, it has been effective under a non-party interim government. Since we haven't seen it under a political government, it's tough to judge now whether the ACC is influenced by political power.
|
||||||||
| 72c: In practice, the head of the anti-corruption agency (or agencies) is protected from removal without relevant justification. | ||||||||
|
||||||||
|
Comments: The Anti-Corruption Commission (ACC) is now more active, effective and non-partisan than ever before. Due to political influenced and lack of commitment and capacity of the former chairman and commissioner of the ACC, Justice Sultan Hossain Khan, people began to wonder about the effectiveness and necessity of ACC. On Feb. 22, 2007, the caretaker government appointed Lt.Gen.(Retd.) Hasan Mashhud Chowdhury as a chairman and other two individuals as members, who are all known as men of high integrity and efficiency. The caretaker government had already amended the Anti-Corruption Act, 2004, and published the Anti-Corruption Commission Bidhimala (Rules), 2007 to strengthen the ACC. References: Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Mr. Ishtiaq Ahmed, Staff reporter, The Daily Shamokal , Bangladesh, Aug. 12, 2007 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 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. Shamim Ahmad The War of Corruption published in Dhaka Courier, March 16-22, 2007, vol.23 issue 34, www.dhakacourier.net
Peer Review Comments: By law, the job of the ACC commissioners is protected. Section 10 of the ACC Act reads as follows: 10. Resignation and removal of the commissioners (1) A commissioner may resign from his/her office by giving one month prior notice to the president. Provided that commissioners other than the chairman shall send a copy of the resignation letter to the chairman for his information. (2) Notwithstanding resignation under sub-section (1), the president may if necessary request the resigning commissioner to continue his/her duties until the formal acceptance of the resignation. (3) No commissioner shall be removed from office except on similar grounds and in accordance with the similar procedures as apply to the removal of a judge of the Supreme Court. Since the ACC is new we can't draw a conclusion.
|
||||||||
| 72d: In practice, appointments to the anti-corruption agency (or agencies) are based on professional criteria. | ||||||||
|
||||||||
|
Comments: The Anti-Corruption Commission (ACC) is now more active, effective and non-partisan than ever before. Due to political influenced and lack of commitment and capacity of the former chairman and commissioner of the ACC, Justice Sultan Hossain Khan, people began to wonder about the effectiveness and necessity of ACC. On Feb. 22, 2007, the caretaker government appointed Lt.Gen.(Retd.) Hasan Mashhud Chowdhury as a chairman and other two individuals as members, who are all known as men of high integrity and efficiency. The caretaker government had already amended the Anti-Corruption Act, 2004, and published the Anti-Corruption Commission Bidhimala (Rules), 2007 to strengthen the ACC. Moreover, a high-powered National Coordination Committee (NCC) was constituted for leading the country-wide operation to curb corruption and major grievous offences. On March 8, 2007, the caretaker government issued a gazette notification to give the legal shape to the NCC. A large number of high-profile politicians, businessman, bureaucrats, including two former prime minister and about 200 former ministers, political leaders, MPs, bureaucrats, members & chairmen of different city corporations, had been questioned or detained, awaiting trial. Some have already received sentences and/or fines. References: Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal , Bangladesh, Aug. 12, 2007 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 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. Shamim Ahmad The War of Corruption published in Dhaka Courier, March 16-22, 2007, vol.23 issue 34, www.dhakacourier.net
|
||||||||
| 72e: In practice, the anti-corruption agency (or agencies) has a professional, full-time staff. | ||||||||
|
||||||||
|
Comments: The Anti-Corruption Commission (ACC) is now more active, effective and non-partisan than ever before. Due to political influenced and lack of commitment and capacity of the former chairman and commissioner of the ACC, Justice Sultan Hossain Khan, people began to wonder about the effectiveness and necessity of ACC. On Feb. 22, 2007, the caretaker government appointed Lt.Gen.(Retd.) Hasan Mashhud Chowdhury as a chairman and other two individuals as members, who are all known as men of high integrity and efficiency. The caretaker government had already amended the Anti-Corruption Act, 2004, and published the Anti-Corruption Commission Bidhimala (Rules), 2007 to strengthen the ACC. Moreover, a high-powered National Coordination Committee (NCC) was constituted for leading the country-wide operation to curb corruption and major grievous offences. On March 8, 2007, the caretaker government issued a gazette notification to give the legal shape to the NCC. A large number of high-profile politicians, businessman, bureaucrats, including two former prime minister and about 200 former ministers, political leaders, MPs, bureaucrats, members & chairmen of different city corporations, had been questioned or detained, awaiting trial. Some have already received sentences and/or fines. References: Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Mr. Ishtiaq Ahmed, Staff reporter, The Daily Shamokal , Bangladesh, Aug. 12, 2007 Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Shamim Ahmad The War of Corruption published in Dhaka Courier, March 16-22, 2007, vol.23 issue 34, www.dhakacourier.net
Peer Review Comments: The Anti-Corruption Commission (ACC) still doesn't have enough manpower. Mention should be made that many of its members were deputed from the government.
|
||||||||
| 72f: In practice, the anti-corruption agency (or agencies) receives regular funding. | ||||||||
|
||||||||
|
Comments: References: Ministry of Finance, Combined Demand for Grants 2007-2008, GOB, [ LINK ]/combined_demand/67_memo_comments_revenue0708_e.pdf" target="_blank">[ LINK ] Ministry of Finance, Combined Demand for Grants 2006-2007, GOB, http://www.mof.gov.bd/budget
|
||||||||
| 72g: In practice, the anti-corruption agency (or agencies) makes regular public reports. | ||||||||
|
||||||||
|
Comments: References: BBC news, Q &A: Bangladesh Crisis, 3 September 2007, [ LINK ] The daily Star, Aug. 14, 2007 [ LINK ] Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal , Bangladesh, Aug. 12, 2007
Peer Review Comments: As the Anti-Corruption Commission (ACC) started functioning when there was no Parliament in the country, it has yet to get any chance to report to the legislature, so this can only be ascertained when a Parliament will be in function. However, the ACC now updates the media regularly on its findings.
|
||||||||
| 72h: In practice, the anti-corruption agency (or agencies) has sufficient powers to carry out its mandate. | ||||||||
|
||||||||
|
Comments: The Anti-Corruption Commission (ACC) is now more active, effective and non-partisan than ever before. Due to political influenced and lack of commitment and capacity of the former chairman and commissioner of the ACC, Justice Sultan Hossain Khan, people began to wonder about the effectiveness and necessity of ACC. On Feb. 22, 2007, the caretaker government appointed Lt.Gen.(Retd.) Hasan Mashhud Chowdhury as a chairman and other two individuals as members, who are all known as men of high integrity and efficiency. The caretaker government had already amended the Anti-Corruption Act, 2004, and published the Anti-Corruption Commission Bidhimala (Rules), 2007 to strengthen the ACC. Moreover, a high-powered National Coordination Committee (NCC) was constituted for leading the country-wide operation to curb corruption and major grievous offences. On March 8, 2007, the caretaker government issued a gazette notification to give the legal shape to the NCC. A large number of high-profile politicians, businessman, bureaucrats, including two former prime minister and about 200 former ministers, political leaders, MPs, bureaucrats, members & chairmen of different city corporations, had been questioned or detained, awaiting trial. Some have already received sentences and/or fines. However, they are still dependent on the government for budget and recruitment, therefore the government can exercise a strong influence. On March 29, 2007, the ACC filed a case against former Housing and Public Works Minister Mirza Abbas and 11 engineers and officials of Rajuk and Public Works Department (PWD) for selling 18 abandoned houses at lower prices. Some were already sentenced by the time of this writing, while many, including a few dozen top politicians, are still awaiting trial.
References: The Daily Star, Feb. 19, 2007 BBC news, Q &A: Bangladesh Crisis, Sept. 3, 2007, [ LINK ] The Daily Star, Feb. 5, 2007 & Feb. 19, 2007 The New Nation 12 Former Ministers, MPs took Tk 32 cr extortion money, May 31, 2007, [ LINK ] The Daily Star, March 30, 2007 [ LINK ] The Daily Star, July 05, 2007 [ LINK ] The daily Star, Aug. 14, 2007 [ LINK ] 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). Shamim Ahmad, The War of Corruption published in Dhaka Courier March 16-22, 2007, vol.23 issue 34, www.dhakacourier.net
|
||||||||
| 72i: In practice, when necessary, the anti-corruption agency (or agencies) independently initiates investigations. | ||||||||
|
||||||||
|
Comments: On March 29, 2007, the ACC filed a case against former Housing and Public Works Minister Mirza Abbas and 11 engineers and officials of Rajuk and Public Works Department (PWD) for selling 18 abandoned houses at lower prices. Some were already sentenced by the time of this writing, while many, including a few dozen top politicians, are still awaiting trial. A large number of high-profile politicians, businessman, bureaucrats, including two former prime minister and about 200 former ministers, political leaders, MPs, bureaucrats, members & chairmen of different city corporations, had been questioned or detained, awaiting trial. Some have already received sentences and/or fines.
References: The Daily Star, Feb. 19, 2007 BBC news, Q &A: Bangladesh Crisis, Sept. 3, 2007, [ LINK ] The Daily Star, Feb. 5, 2007 & Feb. 19, 2007 The New Nation 12 Former Ministers, MPs took Tk 32 cr extortion money, May 31, 2007, [ LINK ] The Daily Star, March 30, 2007 [ LINK ] The Daily Star, July 05, 2007 [ LINK ] The daily Star, Aug. 14, 2007 [ LINK ] 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). Shamim Ahmad, The War of Corruption published in Dhaka Courier March 16-22, 2007, vol.23 issue 34, www.dhakacourier.net
Peer Review Comments: The Anti-Corruption Commission (ACC) initiated a number of corruption cases on its own, as there has been a crackdown on corruption going on in the country since the military-backed interim government came to power in January this year.
|
||||||||
| 73 | Can citizens access the anti-corruption agency? | |||||||
| 73a: In practice, the anti-corruption agency (or agencies) acts on complaints within a reasonable time period. | ||||||||
|
||||||||
|
Comments: References: The Daily Star, Feb. 5, 2007 & Feb. 19, 2007 The New Nation 12 Former Ministers, MPs took Tk 32 cr extortion money, May 31, 2007, [ LINK ] The Daily Star, March 30, 2007 [ LINK ] The Daily Star, July 05, 2007 [ LINK ] The daily Star, Aug. 14, 2007 [ LINK ] 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 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. Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007
Peer Review Comments: The Anti-Corruption Commission (ACC) asked for complaints from the citizens. During the last 10 months, it has received more than 60,000 complaints, so, it's clearly difficult for the ACC to deal with so many complaints with its limited manpower.
|
||||||||
| 73b: In practice, citizens can complain to the anti-corruption agency (or agencies) without fear of recrimination. | ||||||||
|
||||||||
|
Comments: The Anti-Corruption Commission is now more active, effective and non-partisan than ever before. Due to political influence and lack of commitment and capacity of former chairman and commissioner of the ACC, Justice Sultan Hossain Khan, people began to wonder about the effectiveness and necessity of ACC. References: 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 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. Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007 Shamim Ahmad The War of Corruption published in Dhaka Courier, March 16-22, 2007, vol.23 issue 34, www.dhakacourier.net
|
||||||||
Global Integrity uses a