combating corruption 01 10-2012
TRANSCRIPT
Combating Corruption
in Bangladesh:
Role of Civil Servants
The lecture note is prepared for the Mid Level Career Civil Servants of Bangladesh Bangladesh Public Administration Training Centre, Dhaka.
By
Md. Shamsul Arefin Director General
Anti Corruption Commission, Bangladesh.
Wednesday, September 26, 2012 Md. Shamsul Arefin 1
Presentation on
Anti Corruption Commission Bangladesh
04/11/23 Md. Shamsul Arefin 2
Historical Development
• Bureau of Anti- Corruption was formed in 1943 under Anti-Corruption Act 1957.
• Since its inception in 1943 until 1983 the organization functioned as a branch of the Police
• In 1983 a separate employment charter was provided to the Bureau curtailing its dependency on the police for manpower.
• The Anti Corruption Commission (ACC) Bangladesh was created under section 3 of Anti Corruption Commission Act, 2004. The first set of office bearers were appointed on 21 November 2004.
04/11/23 Md. Shamsul Arefin 3
Mission of ACC Bangladesh
• To combat, control and prevent corruption.
• To control corruption by identifying areas of vulnerabilities for prosecution action, prevention, curative treatment and advocacy.
04/11/23 Md. Shamsul Arefin 4
Composition of Commission• The Commission is consist of three
commissioners, one of them appointed as chairman who is the chief executive of the commission;
• Commissioners are appointed by the President on the recommendation of the Selection Committee for a period of four years and are not eligible for re-appointment.
• The commission is independent and work impartially.
04/11/23 Md. Shamsul Arefin 5
Organogram
Chairman
Commissioner Commissioner
Secretary
DGLegal
DGAdmin
DGEnquiry &
Investigation
DGSpl Enq & Inv
DGPrevention
DGInspection &Pending Issues
04/11/23 Md. Shamsul Arefin 6
Power of the Commission
• The ACC allows the Commission to discharge its power under the act independently (section 24) and also allow Financial independence (section 25)
• The commission also has the power to investigate (Section 20), Power of Arrest (Section 21) and conducts Hearing of accused person (Section 22)
04/11/23 Md. Shamsul Arefin 7
Functions of the Commission (Sections 17)
• To enquire into and conduct investigation of offences mentioned in the schedule
• To file cases on the basis of enquiry or investigation and conduct cases • To hold enquiry into allegations of corruption on its own motion or on the
application of aggrieved person or any person on his behalf • To perform any function assigned to Commission by any Act in respect of
corruption • To review any recognized provisions of any law for prevention of
corruption and submit recommendation to the President for their effective implementation
• To undertake research, prepare plan for prevention of corruption and submit to the President, recommendation for action based on the result of such research
• To determine the procedure of enquiry, investigation, filing of cases and also the procedure of according sanction of the Commission for filing case against corruption and
• To perform any other duty as may be considered necessary for prevention of corruption.
04/11/23 Md. Shamsul Arefin 8
Special features of ACC Act
• The Anti Corruption Commission (ACC) Act was promulgated on 23 February 2004 which came into force on 09 May 2004.
• The Anti Corruption Commission (ACC) Act was the Act no 5 of 2004.
• There are 38 Sections in that Act.
• Out of those there are 3 penal sections.
• Penal sections are- Section 19(3), Section 26(2) and
Section 27(1)
04/11/23 Md. Shamsul Arefin 9
Some Important Aspects of the ACC Act
• In order to make recommendation for the appointment
of commissioners, a Selection Committee of five
members shall be constituted (Section 7).
• Section 10(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.
04/11/23 Md. Shamsul Arefin 10
Definition of Corruption
• Corruption is operationally defined as the misuse of entrusted power for private gain- Transparency International.
• Corruption is the abuse of public office for private gain - World Bank
• Misuse of Power for private gain
Bribery
Extortion
Manipulation of Laws
04/11/23 Md. Shamsul Arefin 11
Legal Definition of Corruption
According to the Section 2(e) of the Anti-Corruption Commission Act-2004 :
‘Corruption’ means the offences set out in the schedule to this law”.
04/11/23 Md. Shamsul Arefin 12
• Offences under Anti-Corruption Act 2004 (Possession of property disproportionate to known source of income).
•Offences punishable under the Prevention of Corruption Act, 1947 (Act 11 of 1947).
•Offences under Money Laundering Prevention Act -2009.
•Offences punishable under sections 161-169, 217, 218, 408, 409 and 477A of the Penal Code, 160 (Act XLV of 1960).
•Offences of abetment, conspiracy and attempts as defined respectively in section 109, 120B and 511 of the Penal Code, 1860 (Act XLV of 1860) in relation to clauses (a) to The Anti-Corruption Act, 2004.
The schedule of ACC
04/11/23 Md. Shamsul Arefin 13
The Dynamics of Corruption
• C =M+D-A-S
• Where, C=Corruption
• M= Monopoly
• D= Discretion
• A= Accountability
• S= Public sector salaries
04/11/23 Md. Shamsul Arefin 14
04/11/23 Md. Shamsul Arefin 15
04/11/23 Md. Shamsul Arefin 16
04/11/23 Md. Shamsul Arefin 17
04/11/23 Md. Shamsul Arefin 18
Some Sources of Corruption1. Over and under-invoicing in Imports & Exports 2. Tendering3. Procurement4. Audit5. Land management6. Law enforcement7. Customs8. Loan from Banks 9. Judiciary 10. Others
04/11/23 Md. Shamsul Arefin 19
• Bribes and kickbacks at public interface
• Loan disbursements
• Bid rigging or collusive agreements
• Use of discretion
• Monopoly service providers
• Theft from local accounts and abuse of public assets
• Fraud/Forgery/Misrepresentation
Anatomy of Corruption Anatomy of Corruption
04/11/23 Md. Shamsul Arefin 20
Corruption – the Key ProblemCorruption – the Key Problem
• Corruption – a global challenge • More than bribery - Abuse of power for private
gain –• Increases poverty and injustice• Prevents development and rule of law• Undermines democracy and governance• Distorts market and economic growth• Breeds crimes, social frustration, discontent and
insecurity• Others
04/11/23 Md. Shamsul Arefin 21
04/11/23 Md. Shamsul Arefin 22
Role of Civil Servants Use minimum or no discretion Create perfect competitions Open Integrity unit Maintain Transparency Ensure Accountability Ensure Rule of law Ensure Good governance Follow a person who is a Role Model to you Try to be a Role Model to others
04/11/23 Md. Shamsul Arefin 23
Which of the following acts do you consider to be acts of corruption:
Stealing money from government (embezzlement)
Threatening individuals with harm if they do not give money (Extortion)
Influencing government contracts in return for financial or other gains
Bribery
Promotion of unqualified individuals for political reasons or other gains
Favouring relatives and friends e.g. appointing them to good positions (nepotism)
04/11/23 Md. Shamsul Arefin 24
Please indicate how much do you agree with the following statements
I would feel comfortable helping my family member get a job in my govt office, provided they were qualified.…even if they were not as qualified as another candidate. I would feel obligated to use my influence as a civil servant to help my friend / relative with a problem if I could. Corruption by low-level employees is more acceptable than corruption by high-level officials.
Corruption – A Global Threat
Cost of corruption exceeds by far the damage
caused by any other single crime
• World Bank – More than 1 trillion US$ is paid in bribes a year
• Asian Development Bank – Cost of corruption = up to 17% of GDP
• The harm exceeds the proceeds – US$ 1 bribes = US$ 1.7 damage
04/11/23 Md. Shamsul Arefin 25
04/11/23 Md. Shamsul Arefin 26
Country Year Score Rank
Bangladesh2011 2.7 120
2010 2.4 134
2009 2.1 139
2008 2.0 147
2007 2.0 162
2006 1.7 156
2005 1.5 -
2004 1.3
2003 1.2
Corruption Perception IndexRank & Score of Bangladesh
Deficiencies
lack of transparency
lack of competition Monopoly weak accountability weak capacity Discretion
IMPLICATIONS OF CORRUPTION
• Graft & CorruptionGraft & Corruption• InefficiencyInefficiency
• Graft & CorruptionGraft & Corruption• InefficiencyInefficiency
• Poor QualityPoor Quality• High CostHigh Cost
• Poor QualityPoor Quality• High CostHigh Cost
POOR SERVICE POOR SERVICE DELIVERYDELIVERY
POOR SERVICE POOR SERVICE DELIVERYDELIVERY04/11/23 Md. Shamsul Arefin 27
Discretion!!!
The exercise of individual judgment, instead of formal rules, in making decisions is discretion.
No list of policies and procedures could possibly guide police officers through all the situations in which they find themselves. Police routinely must use their own discretion.
The issue of police discretion is very controversial, particularly because some officers abuse their discretion.04/11/23 Md. Shamsul Arefin 28
Measuring Corruption
• Transparency International Tools
– Corruption Perceptions Index –
international ranking (score) based on
Survey of Surveys on perceptions of
business, business analysts, investors,
investment analysts and country specialists
on political and administrative corruption.
04/11/23 Md. Shamsul Arefin 29
04/11/23 Md. Shamsul Arefin 30
Country-level Anti-corruption assessment tools
Corruption Transparency/Accountability/Integrity
Diagnostic Assessments
Institutions
Processes
Sectors
Local level
Compliance monitoring
Perception Experience/ victimisation
Public opinion
Experts
Public sector
General population / vulnerable groups
Public sector
Private sector
Mapped by Transparency International
Corruption: Preventing access to education
Corruption in Education: Ratio of Service Receipients Forced to Pay Bribe
54.1
21.8
35.5 32.5
for admission in school to be enlisted forstipend in primary level
to be enlisted forstipend in secondary
level
for actual disbursementof the stipend
Perc
enta
ge
Source TI -201004/11/23 Md. Shamsul Arefin 32
Corruption: Preventing access to health service
Corruption in Health : Ratio of Service Receipients
Forced to Pay Bribe
54.8
29.3
for outdoor treatment for operation/x-ray/pathological test
Perc
enta
ge
Source TI -201004/11/23 Md. Shamsul Arefin 33
Corruption: Preventing law enforcement
Source TI -201004/11/23 Md. Shamsul Arefin 34
Household Income lost to bribery
9.529
7.94
2.384
4.569
0
2
4
6
8
10
12
Low Income (< Tk.72,000 per year)
Middle Income(72000-140,000)
High Income(140,000+)
Total
Perc
enta
ge
Source TI -201004/11/23 Md. Shamsul Arefin 35
32.00%
22%
26.00%97.00%
40.00%
92.00%
26.00%
3.00%
70.00%
Stipend -Primary
Stipend - Secondary Female
Public hospital
Land registration
Getting Khas land
Police station (FIR)
Local arbitration
Relief
Electricity connection
Percentage of paying bribe for getting services
(TIB 2005, Bangladesh )
Anyone can submit a complaint to the Anti-Corruption Commission (district office/division office/head office) or to the Police Station about the happening of a scheduled offences under Rule.4 and 7 of ACC Rules, 2007.
04/11/23 Md. Shamsul Arefin 37
Steps to be taken by Police Station on receiving a complaint
• After submitting to the PS, the complaint will be forwarded to ACC for Enquiry (if not lodged in the form of FIR).
• After submitting to the PS, the complaint will be forwarded to ACC for Investigation (if recorded in the form of FIR).
04/11/23 Md. Shamsul Arefin 38
Using the Right to Information as an Anti-
Corruption Tool • Article 39(2) of the constitution of Bangladesh
states that:
(a)Right to every citizen the freedom of speech and expression is guaranteed;
(b)Freedom of the press is guaranteed.
(c)Right to Information Act-2009 (Public information disclosure related Act).
(d)The Whistleblower Act
04/11/23 Md. Shamsul Arefin 39
Which Countries Are Corrupt?
• The Transparency International 2009 Corruption Perceptions Index shows that the most honest countries are Finland, New Zealand, Iceland, Denmark, and Singapore.
• The most corrupt countries are Haiti, Guinea, Myanmar, Iraq, Bangladesh, Chad, the Democratic Republic of Congo, and Sudan.
• China, Brazil, Ghana, Senegal, Peru, Mexico, Saudi Arabia, India, and Egypt all rank in the middle of the 163 countries ranked.
04/11/23 Md. Shamsul Arefin 40
The Great Exceptions
• Singapore and Hong Kong are exceptions Both have moderately high levels of inequality and at best modest levels of trust. Botswana is another example of a country with moderate corruption and high levels of inequality.
• All three countries once had very high levels of corruption.
04/11/23 Md. Shamsul Arefin 41
TransparencyIntegrityAccountabilityWhistleblower protection
Aware Citizen
Preventive Measures
Enhanced Accounting and Auditing Standards
Reducing Discretionary Authorities
Create Competition
Effective Civil, Administrative or Criminal Penalties
04/11/23 Md. Shamsul Arefin 42
04/11/23 Md. Shamsul Arefin 43
Whistleblower means-
An employee who refuses to engage in and or reports illegal or wrongful activities of his employer or fellow employees.
How to tackle corruption in Bangladesh
1. Developing long-term anti-corruption strategy
2. Creating citizen’s will
3. Effective decentralisation of government agency
4. Create a sense of hate about corruption
5. More transparency and more simplification of
procedures
6. Incentives for good performance
7. Awareness and Motivational programme
04/11/23 Md. Shamsul Arefin 44
04/11/23 Md. Shamsul Arefin 45
Conclusion Corruption is widespread in developing and transition economies, not because their people are different from people elsewhere but because conditions are ripe for it.
First, the motivation to earn income is extremely strong, aggravated by poverty and by low and declining civil service salaries and the absence of risk-spreading Mechanisms.
Second, opportunities to engage in corruption are numerous. Monopoly rents can be very large in highly regulated economies.
The discretion of many public officials is broad in developing and transition economies, and this systemic weakness is exacerbated by poorly defined, ever changing, and poorly disseminated rulesand regulations.
04/11/23 Md. Shamsul Arefin 46
Conclusion Third, accountability is typically weak. Competition are not perfect often restricted.
The watchdog institutions that provide information on which detection and enforcement is based—such as investigators, accountants, and the press—are also weak.
The two parties to a bribe often both benefit, bribery can be extremely difficult to detect. Even if detection is possible, punishments are apt to be mild when corruption is systemic—it is hard to punish one person severely when so many others are likely to be equally guilty.
Finally, certain country-specific factors, such as population size and natural resource, also appear to be positively linked with the prevalence of bribery.
04/11/23 Md. Shamsul Arefin 47
04/11/23 Md. Shamsul Arefin 48
Thank You!
April 11, 2023 Md. Shamsul Arefin 49