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NATIONAL INTEGRITY SYSTEM ASSESSMENT BANGLADESH 2014 Transparency International (TI) Is the Global Civil Society Organisation Leading the Fight Against Corruption NATIONAL INTEGRITY SYSTEM ASSESSMENT BANGLADESH 2014 Transparency International (TI) is the global civil society organisation leading the fight against corruption. Through more than 100 chapters worldwide and an international secretariat in Berlin, we raise awareness of the damaging effects of corruption and work with partners in government, business and civil society to develop and implement effective measures to tackle it. Transparency International Bangladesh (TIB), is the accredited national chapter of TI in Bangladesh. Authors: Professors Salahuddin Aminuzzaman and Sumaiya Khair Cover design: Atiqah Fairuz Salleh Every effort has been made to verify the accuracy of the information contained in this report. All information was believed to be correct as of 14 May, 2014. Nevertheless, Transparency International Bangladesh cannot accept responsibility for the consequences of its use for other purposes or in other contexts. © Transparency International Bangladesh. All rights reserved. TABLE OF CONTENTS EXECUTIVE SUMMARY CHAPTER 1 1.1 INTRODUCTION 1.2 COUNTRY PROFILE 1.3 CORRUPTION PROFILE 1.4 ANTI-CORRUPTION ACTIVITIES CHAPTER 2 NATIONAL INTEGRITY SYSTEM 1. PARLIAMENT 2. EXECUTIVE 3. JUDICIARY 4. PUBLIC ADMINISTRATION 5. POLICE (LAW ENFORCEMENT AGENCY) 6. ELECTION COMMISSION (EC) 7. OFFICE OF THE COMPTROLLER & AUDITOR GENERAL (OCAG) 8. LOCAL GOVERNMENT 9. ANTI-CORRUPTION COMMISSION (ACC) 10. NATIONAL HUMAN RIGHTS COMMISSION (NHRC) 11. INFORMATION COMMISSION (IC) 12. POLITICAL PARTIES 13. CIVIL SOCIETY 14. MEDIA 15. BUSINESS SECTOR VIII.CONCLUSION AND RECOMMENDATIONS 3 NATIONAL INTEGRITY SYSTEM ASSESSMENT BANGLADESH INTRODUCTORY INFORMATION Authors: Professor Salahuddin Aminuzzaman and Professor Sumaiya Khair. Co-ordinator: Dr. Iftekharuzzaman, Executive Director, Transparency International Bangladesh (TIB). Advisory Group: Dr. Kamal Hossain, Syed Manzur Elahi, Rokia A. Rahman, A. S. M. Shahjahan, Professor Dilara Chowdhury, Professor C R Abrar, Mahfuz Anam, Barrister Manzoor Hasan OBE. Key Informant Interviews: Dr. Akbar Ali Khan, Former Adviser, Caretaker Government of Bangladesh. Mr. M. Hafizuddin Khan, Former Advisor, Caretaker Government of Bangladesh. Dr. AMM Shawkat Ali, Ex Adviser, Caretaker Government of Bangladesh. Dr. ATM Shamsul Huda, Former Chief Election Commissioner. Mr. Asif Ali, Former Comptroller and Auditor General. Brig General (retd.) M. Sakhawat Hussain, Former Election Commissioner. Mr. Golam Rahman, Chairman, Anti Corruption Commission. Professor Dr. Mizanur Rahman, Chairman, National Human Rights Commission. Professor Dr. Sadeka Halim, Commissioner, Information Commission. Vice Principal Md. Abdus Shahid MP, Chief Whip, Bangladesh Parliament. Mr. Jalal Ahmed, Additional Secretary, Ministry of Finance, Government of Bangladesh. Mr. Khan M Harun, Deputy Director General (retired), Bangladesh Television Mr. Mahbubur Rahman Tulu, Chairman, Bangladesh Union Parishad Forum. Mr. Md. Motaher Hussain, Controller General Defense Finance Mr. Md. Zakir Hussain, Member, BCS Audit Cadre. Mr. Mirza Fakhrul Islam Alamgir, Acting Secretary General BNP. Mr. Obaidul Kader, Presidium Member of Bangladesh Awami League. Mr. G.M Quader, MP, Cabinet Member and Presidium Member of Jatiya Party. Dr. Asif Nazrul, Professor of Law, University of Dhaka and noted media personality. Dr.Taiyabur Rahman, Professor, Department of Development Studies, University of Dhaka. Dr. Nizam Ahmed, Professor, Department of Public Administration, Chittagong University. Dr. Rizwan Khair, Director, Institute of Governance Studies. Mr. Alim, an Expert & PhD Researcher on Parliamentary Affairs, Jahangir Nagar University. Mr. Ajay Kumar Chakraborty, Researcher, BRAC University. Dr. Shahdeen Malik, Advocate, Supreme Court of Bangladesh and noted jurist. Dr. Iftekharuzzaman, Executive Director, Transparency International Bangladesh. 4 NATIONAL INTEGRITY SYSTEM ASSESSMENT BANGLADESH Advocate Sultana Kamal, Executive Director, Ain O Shalish Kendra (ASK--a human rights and legal organisation). Dr. Debapriya Bhattacharya, Distinguished Fellow, Center for Policy Dialogue (CPD). Dr. Badiul Alam Majumdar, Secretary, Shujan (Citizens for Good Governance). Ms. Syeda Rizwana Hasan, Chief Executive, Bangladesh Environmental Lawyers Association (BELA). Mr. Adilur Rahman Khan, Executive Director, ODHIKAR (a human rights organisation). Dr. Najmul Ahsan Kalimullah, Chairman, JANIPO – A National Election Observer Group. Dr. Tofael Ahmed, Local Governance Expert, UNDP, Dhaka. Mr. Tanvir Mahmud, Researcher, Parliamentary Strengthening Project, UNDP, Dhaka. Ms. Shaila Khan, Assistant Country Director, UNDP, Dhaka. Mr. Matiur Rahman, Editor, Prothom Alo (a Bangla national daily) Mr. Mizanur Rahman Khan, Joint Editor, Prothom Alo. Mr. Nurul Kabir, Editor, New Age (an English national daily). Interviewees who have requested anonymity A former Judge of the Appellate Division of the Supreme Court of Bangladesh. A retired Cabinet Secretary, Government of Bangladesh. A retired Comptroller and Auditor General. A former Inspector General of Police. A former Deputy Inspector General of Police. Senior Management Staff, Election Commission Secretariat. Senior Member, Federation of Bangladesh Chamber of Commerce and Industry (FBCCI). Former Secretary, Election Commission. Programme Officer, Election Support Program, of a bilateral donor agency. Three CEOs of selected private companies. Three Additional Secretaries (OSD--officers on special duty). Two sitting Secretaries of the Government of Bangladesh. Three practicing lawyers (of both the lower and the higher judiciary). Three mid-ranking officers from law enforcement agencies (police, RAB). 5 NATIONAL INTEGRITY SYSTEM ASSESSMENT BANGLADESH Acknowledgements The authors would like to espress their gratitude to all the key informants for sparing their time valuable time for the extensive interviews and expert insights. Special thanks go to the research Advisory Group whose support, encouragement and validation of the research findings have enriched the assessment immensely. The authors also take this opportunity to thank Dr. Iftekharuzzaman, Executive Director, Transparency International Bangladesh (TIB) for his excellent contribution in terms of constructive critique, substantive inputs and continuous cooperation that have essentially added enormous value to the study. Thanks go to TI Secretariat colleagues, Maren Thompson and Andrew McDevitt, for their helpful observations and comments. 6 NATIONAL INTEGRITY SYSTEM ASSESSMENT BANGLADESH Preface Transparency International Bangladesh (TIB) has a vision of Bangladesh where government, politics, business, civil society and lives of the people would be free from corruption. Our mission is to catalyze and strengthen a participatory social movement to raise effective knowledge-based voice and demand for accountability. Our research, dissemination, campaign and advocacy initiatives are designed to strengthen institutions, laws and practices for efficient, transparent and accountable system of governance, and effective control of corruption. One of the key strategic areas of TIB’s research has always been the institutions of democracy and specialized pillars of governance and accountability, which constitute the National Integrity System (NIS), a collective of institutions and practices that are crucial to maintaining integrity and accountability in government, non-government and private sector. We have conducted a series of research, surveys and diagnostic studies on many such institutions, by which we have not only created demand, but also catalysed a number of significant legal, institutional and policy changes. Against this background, the present study, the first ever effort to diagnose and analyze the strengths and weaknesses of the national integrity system in Bangladesh with a comprehensive approach is expected to add great value for stakeholders for three main reasons. Firstly, it presents an in-depth analysis of the legal and resource capacity as well as governance, role and practice in each institution in a holistic frame that would facilitate comparative and mutually reinforcing exploration of strategic points for policy reform and institutional and behavioural change. Secondly, as a part of cross-country research involving a number of parallel research under the same research framework and method it will enable learning and sharing among countries of South Asia and beyond. And thirdly, and perhaps most importantly, as this study has been undertaken, though by coincidence, at a time when the Government of Bangladesh has adopted the National Integrity Strategy 2012 (Jatiyo Shudhachar Koushol), we understand and expect that it will provide extremely valuable support to the implementation process of the strategy. I may add that as a stakeholder and participant in the process that led to the adoption of the national integrity strategy TIB has undertaken another separate study to analyze the strengths and deficits of the strategy itself. The present study has been completed thanks to the extraordinary efforts and commitment of Professor Salahuddin M Aminuzzaman and Professor Sumaiya Khair to whom TIB remains grateful. It has benefited tremendously by contributions of a distinguished Advisory Group. We have no words to express gratitude for their 7 NATIONAL INTEGRITY SYSTEM ASSESSMENT BANGLADESH extremely valuable guidance. I am equally grateful to Board of Trustees of TIB for their guidance and support. TIB is grateful to a large number of key informants and other experts who helped
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