The interim government is yet to implement the recommendations made by the Anti-Corruption Reform Commission seven months ago to strengthen the ant-graft watchdog, rendering uncertain the fate of the recommendations.
Although the government has started implementing recommendations of other commissions, there is no visible progress with respect to the ACC reform considered vital for containing all-pervasive corruption.聽
The interim government led by Professor Muhammad Yunus, formed on August 8, 2024 after the fall of the authoritarian regime of Sheikh Hasina on August 8 of the year amid a student-led mass rising, instituted various commissions to combat corruption and ensure accountability in state functions, among others.
Chief of the ACC Reform Commission Iftekharuzzaman on January 15 submitted the commission鈥檚 report to chief adviser Muhammad Yunus.
The commission proposed 47 recommendations categorised into short-, medium-, and long-term measures to make the ACC more dynamic. But all the recommendations in all the categories still remained unimplemented.
Asked, Iftekharuzzaman, also executive director of the Transparency International Bangladesh, on Thursday said, 鈥榃e see no visible government initiative to implement the ACC Reform Commission鈥檚 recommendations. This is disappointing.鈥�
He said, 鈥榃e have made several recommendations that the current government could have implemented through ordinances without waiting for the election, but there has been no progress in this regard.鈥�
鈥榃hen we inquired about the issue, the government鈥檚 response was that the recommendations were 鈥榰nder process鈥�. But we see no visible advancement in respect of acting on our recommendations. This naturally raises the question whether there is the will of the interim government to combat corruption.鈥�
鈥楨veryone wants reform, but those who obstruct it 鈥� especially, within the bureaucracy 鈥攁re very powerful. They do not want change, which is why reforms are stalled,鈥� he added.
Asked, interim government鈥檚 law adviser Professor Asif Nazrul said, 鈥極ur commission on anti-corruption reforms has made some recommendations regarding the reform of the ACC. The laws proposed by the reform commission will be enacted within the next one or two months.鈥�
He made these remarks to journalists on Thursday, after meeting ACC chair Mohammad Abdul Momen at the commission鈥檚 head office in the capital鈥檚 Segun Bagicha.
After the advisory council meeting on Thursday, the chief adviser鈥檚 press wing in a press briefing claimed that the government implemented the ACC reform commission recommendation of the abolition of the mandatory pre-inquiry system before filing an ACC case and the abolition of section 32A of the Anti-Corruption Act.
Asked, ACC officials, however, said that the ACC was not following the mandatory pre-inquiry system since the publication of the Anti-Corruption (Amendment) Rules, 2019, as the rule鈥檚 section 10 (cha) skips mandatory pre-inquiry, so it was not implementing a new recommendation.
Apart from this, section 32A, which required approval before the ACC could investigate or file charges against certain public officials, including judges and magistrates, has also not been followed by the ACC since the High Court delivered a verdict in this regard in 2021, they added.
Earlier, the ACC Reform Commission in its report has recommended recognising the ACC as a constitutional body instead of a statuary one and reducing political and bureaucratic influences on it to make it a dynamic agency.
The reform commission鈥檚 recommendations also include permanently stopping the scope for legalising money earned illegally, increasing the posts of commissioners from three to five, doubling salaries of officials and employees of the ACC.
The commission recommended increasing the posts of commissioners with compulsory female participation, and suggested four-year tenure instead of the five-year one for the commissioners.
Any person with at least 15 years of experience in law, education, administration, judiciary, law enforcement, financial institutions, accounting, and auditing professions, or in a government or private institution engaged in governance or anti-graft activities, will be eligible to become a commissioner, it noted.
Suggesting changes in the ACC scrutinising cell, it also recommended not keeping the same official for a long time at the cell and not including more than one officer from officers on deputation.
The commission also suggested that section 32A of the ACC Act-2004 should be abolished as the section states that the ACC will have to obtain prior approval from the government if it files a case against government employees.
It recommended increasing the number of director generals of the ACC from eight to 12.
However, if an officer in government service is considered eligible for the advertised post, the can get a contract appointment as the secretary of the ACC by taking leave from the job.
All appointments to the posts of director general and director except for the DG and director appointed on deputation should be made through a competitive and open process through advertisement.
However, 60 per cent of the posts of DGs and 75 per cent of the posts of directors will be reserved for internal candidates of the ACC who meet the advertised eligibility criteria.
Section 54(2) of the Anti-Corruption Commission (Employees) Service Rules, 2008, should also be abolished, as it states that the competent authority can remove any employee of the ACC without assigning any reason by giving 90 days鈥� notice or salary.
The ACC should immediately form a high-powered task force in collaboration with various investigation or intelligence agencies to identify corrupt officers and employees and dismiss them from service and take legal action.
According to a TIB study report, although the ACC has shown more visible activities compared to before, structural reforms and changes in the leadership within the ACC remain incomplete.
The report also cited that there had been no visible progress in implementing the recommendations from the ACC Reform Commission by the interim government.
Quoting members of the civil society, the TIB also said that ACC activities had not been free from political influence. Bias in investigation, prosecution, and withdrawal of cases has persisted in the past one year.
After filing cases against 729 accused individuals, the ACC鈥檚 withdrawal of those cases on its own has set a highly negative precedent, said the report.
The TIB also stated that withdrawing cases to please certain quarters based on the political situation has weakened the ACC鈥檚 anti-corruption stance and created public doubt about its effectiveness and impartiality.
