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Fighting corruption in Bangladesh: From one myth to another?
Iftekharuzzaman
If there was a myth in Bangladesh that corruption was invincible, it seems to be giving way to another, looking at reforms introduced by the present Government, efforts of the Anti-Corruption Commission and Task Forces as panacea against the systemic and pervasive corruption prevailing in the country. All for good reasons no doubt, but the reality may be quite different.
What can be expected is the creation of the institutional and policy structures that need to be protected, nourished and promoted for years to come. Fighting corruption to be effective and sustainable in our abiding context must be based on a multi-dimensional and comprehensive strategy and should have a much longer timeline than most of us seem to be looking at.
Take the case of Parliament, the institution supposed to perform three basic roles in a representative democracy - a forum for debate on behalf of the citizens on matters of public interest; a law-making body; and an institution for ensuring accountability of the government by oversight through the properly functioning committees. Unfortunately, however, on all three counts the Parliament within 15 years of its restoration managed to badly damage its credibility and public trust.
If the performance of the 8th parliament was any indicator, prospects of democratic check and balance which is indispensable for controlling corruption and promoting good governance were depressing, to say the least. Not only did the parliament suffer from long boycotts by the opposition, Members of the Parliament managed to establish absenteeism and late attendance as the key elements of parliamentary behaviour, confirming their priority and interest to businesses and functions outside the parliament. Absenteeism and delayed attendance in the Parliament led to huge financial loss counted in crores, while laws were enacted without the necessary quorum, setting a record of sort in Westminster style of democracy. The Standing Committees not only failed to apply any degree of teeth in holding the relevant ministries accountable for alleged cases of corruption, most of Standing Committees could meet their obligations under the Rules of Business to hold meetings at least once in a month.
Like demigods
The myth that has been challenged by the post-11 January 2007 Government is that corruption was here to stay, as if it was to be the way of life. That the high and mighty who were involved in corruption, protected and promoted it could go on like demigods to pervert justice and establish a culture of impunity. As a matter of fact, the way the key institutions of democracy and good governance were politicized and the way some of these institutions were rendered inefficient and ineffective on the one hand, and the way these failed to deliver the rule of law were sufficient to create the myth.
The stories of performance and credibility of then Election Commission, Anti-corruption Commission, Public Service Commission were too depressing and well-known to mention. Deliberate efforts by successive governments to delay the process of independence of the judiciary were no less pernicious.
Against this backdrop, when the transition took place on January 11, 2007, it was obviously viewed to have opened up a unique opportunity for a turnaround with respect to acute and pervasive corruption that has over the years bedevilled the country's polity, economy and society. A series of high-profile initiatives has taken by the Caretaker Government to criminalize corruption by prosecuting the allegedly corrupt individuals, irrespective of their political and other status in the society. While the fate of the cases including the high-profile ones would be surely fought in the courts, the on-going anti-corruption drive could turn out to be the strongest ever signal in Bangladesh's history that corruption is a punishable offence subjected to judicial process.
Initiatives have been taken to reform the legal and institutional structures to strengthen some of the key institutions of democracy and national integrity system. The institutions that have already undergone substantive reforms include independence of the Judiciary, reconstitution of the Election Commission, the Anti-Corruption Commission and the Public Service Commission. These came against a backdrop, as mentioned above, that saw these institutions fail to perform their due role. Indeed, one of the most pernicious impacts of corruption was politicization and ineffectiveness of these vital institutions as well as erosion of public trust in the parliament as well as the Government.
Significant milestone
Another significant milestone was Bangladesh's accession to the UN Convention Against Corruption on 27 February 2007, within 6 weeks of taking power by the Caretaker Government. The previous Government, it can be recalled, inspite of making public commitment on December 9, 2004, deliberately refrained from taking any positive step. The interim government's decision to join the Convention as a State Party constituted a timely message nationally and internationally about its commitment and high priority attached to fighting corruption. That is not to underestimate the importance of a whole series of further legal and institutional changes that Bangladesh has signed upto by acceding to the Convention, which no body can expect to be met overnight, not in the tenure of the present government.
It may be recalled that for the fifth successive year from 2001-2005 Bangladesh was placed at the bottom of the global list of countries where corruption is perceived to be highest according to Corruption Perception Index (CPI) released every year by the Berlin-based Transparency International. In a scale of 0-10, the index provides international ranking of countries in terms of perceived degree of prevalence of political and administrative corruption.
In 2006 Bangladesh was ranked number 3 from bottom. In this year's ranking released in September, Bangladesh scored 2.0 points, same as last year, and has been ranked 7th from below, which is 162nd among 180 countries included in the index this year. In the same position with the same score as Bangladesh are five other countries - Cambodia, Central African Republic, Papua New Guinea, Turkmenistan and Venezuela.
This year Somalia and Myanmar have been ranked at the bottom of the list implying that in these two countries corruption is perceived to be highest, followed by Iraq and Haiti in the 2nd and 3rd positions respectively. At the other end, among countries where corruption is perceived to be lowest are Denmark, Finland and New Zealand sharing the top position each scoring 9.4. Immediately following them is the highest ranking Asian country, Singapore, scoring of 9.3 jointly with Sweden.
Improved performance
It has been observed this year that while most low scoring countries continued downward trend, and even many high-scoring countries also received lower scores, Bangladesh resisted the downward trend. Indeed, by remaining steady in terms of score, Bangladesh has shown improved performance compared to as many as 10 countries that formerly scored better.
What does Bangladesh's steady score at 2.0 inspite of higher ranking from last year's 3rd to the 7th tell us? Firstly, the index gives a 2-years rolling average. Included in this year's index were data collected until end July 2007, which means that CPI 2007 may have been relatively more influenced by data from 2005-6. In other words, any positive reading from the data for this year's seven months had to interact with the negative ones of previous 17 months making it impossible to obtain a higher score.
Secondly, the index draws on corruption related data from expert and business surveys. Hence it is quite likely that a perceived sense of insecurity and uncertainty that is widely believed to have prevailed among the business community in the wake of the post January 11 anti-corruption drive in Bangladesh may have prevented the possibility of a better score.
Finally, it has also apparently been too early for institutional reform measures initiated by the present government to influence CPI. Initiatives such as independence of the Judiciary, reform of the Election Commission, Anti-corruption Commission and Public Service Commission as well as making corruption punishable and ratification of the UN Convention against Corruption are likely to impact CPI only in the years to come when positive outcomes of such reforms would be more clearly discernible.
The depth and breadth of corruption in Bangladesh have been well-known, with losses estimated to be nearly 3 percent in terms of GDP. According to a recent study by Transparency International Bangladesh (TIB) per capita loss of household income to bribery in 6 selected sectors of public service delivery was estimated to be 7.94 percent. More importantly impact of corruption is much higher on the poor as the data showed that the ratio of loss was 9.56 percent for the low-income groups compared to 2.36 for the high-income category.
Abuse of power
This is not surprising though. Usually viewed as bribery, corruption means abuse of power for personal gain. It can be power within the government or outside; and it can be political, social and even social power. Not that everyone in positions of power is involved in corruption, but those who engage in corruption abuse power directly or indirectly. Obviously the vast majority of people who are outside the orbit of power-structure - national or local, especially the poor and the other disadvantaged sections of the society are the worst victims of corruption.
The spread of corruption has been so pervasive that access to basic services in the delivery end of key public sectors such as education, health, police, justice, land administration, etc., became conditional upon the capacity to make unauthorized payments. On the other hand, the powerful and rich as the direct beneficiaries of grand corruption developed a strong vested interest for sustaining the network of corruption.
That, however, had to change, as it turned out with the taking over of the new Government. The Chief Adviser to the Caretaker Government in his opening address to the nation after assuming office made a firm commitment to fight corruption and establish an institutional basis that would de-link politics and election from influence of corruption and black money. The conceptual basis of the speech was anti-corruption drive as the key to the restoration of trust in the government.
In an unprecedented manner the kleptocracy appeared upside down as the Government pledged not only to fight corruption without fear, favour or bias, but also to cleanse the system by enforcing institutional reform. The caretaker government has also received enthusiastic support of the people at large who were pushed to the wall and were desperate to see change.
Does it really mean that a lot has already changed in the depth and breadth of corruption especially in terms of people's suffering? A question will continue to be asked as to whether all these will have changed Bangladesh's international ranking in terms of the corruption perceptions index in the years to come.
Composite index
The CPI is a composite index, a poll of polls, drawn on corruption-related data from 12-16 expert surveys carried out by reputable international institutions. It reflects the views of businesspeople, investors, business and country analysts and experts from around the world, including experts who are locals in the countries evaluated. The ranking is about the degree to which corruption is perceived by these people to exist among public officials and politicians.
The data used in CPI are about misuse of public office for private or political party gain; extent of corruption as practiced in the government including kickbacks, bribery and conflict of interest; likelihood of countering corrupt officials ranging from petty bureaucratic corruption to grand political corruption; and the degree of presence of undocumented extra payments collected in the discharge of functions in judiciary, executive, and tax collection. On the other hand, it also looks at the capacity in the country to punish and contain corruption, and the level of government's anti-corruption commitment, efforts and achievements.
Given the high-profile drive and the significant reform measures it will be surprising if Bangladesh's score and ranking per CPI in 2008 and thereafter does not improve by few more steps. However, whether or not such improvement will be any substantial will depend on a number of factors. The politicians may be viewed to have in general lost the power and incentives to indulge in corruption for the time being. But it would be too early to assess whether or not this would translate into a genuine soul-searching by them resulting in an anti-corruption political will and commitment.
Much remains to be done
Nothing substantial has happened yet to curtail incentives for corruption in the public service. On the contrary, at the service delivery end in various sectors, people continue to be victims of corrupt practices often through new techniques and innovations as well as added premiums.
The issue of integrity in public service is crucial to addressing corruption because of their key role in public sector transparency and accountability. Whatever well-meaning may be the reforms in other sectors, these cannot bear fruits nor can any of those be sustained without convincingly establishing that appointments, promotions, postings and transfers in public service are based on performance and merit and not on political influence and bribery. So long as the scope remains for abuse of power with impunity, and as long as effective legal and ethical standards are not in place with enforcement mechanisms for zero tolerance of corruption, no true results can be expected or sustained.
No less important is the issue of salaries and benefits, inconsistency of which with cost of living is one of the main factors behind corruption in public service. The issue of salaries and benefits in public service can no longer be viewed as costs, but as investments for future. Much would depend on the extent to which anti-corruption values and ethics can be mainstreamed in the public service as a whole, which could be beset by problems of inertia and resistance to change.
Win-win game: private sector
Among the key actors of corruption there is a third and crucial actor in addition to politicians and public officials - the private sector which is the supply side of the win-win game in corruption, both in grand and petty corruption. The anti-corruption drive seems to have led to a sense of insecurity and intimidation in the business community. But again, to what extent this will lead to motivations for integrity and anti-corruption practices in the private and the whole range of non-government sector is anybody's guess.
Corruption exists in greater or lesser degree in all countries of the world, irrespective of political and economic system, big or small, developed or developing. What is striking about Bangladesh is that it affects almost everyone in the society. Until recent changes, it was hardly ever that corruption was punished. On the contrary, corruption, especially political corruption became the fastest and most convenient way to echelons of power. Given that politics became the other name of investment for making quick money, and in the absence of effective deterrence against corruption it became so widespread that even the common citizens are affected by it, whether it is political corruption, or in public procurements involving the business and corporate sector or in the service delivery sectors.
It took a long process of leadership and institutional decay for Bangladesh to reach where it stands today in terms of corruption; it has not taken place overnight. It took time to entrench, it took connivance and participation of people in positions of power - people who are powerful politically, economically and socially - whether at the national or local levels, whether in the public sector or private. For the same reason it cannot also be addressed overnight without comprehensive efforts and without the fullest commitment of all key actors and stakeholders. Success of anti-corruption efforts is a function of the degree of the strength, independence and effectiveness of key institutions of the national integrity system like the parliament, the executive, the law enforcement agencies, the judiciary, the anti-corruption commission, and the media.
No anti-corruption campaign can succeed and sustain without freedom of information. All archaic laws preventing people's right to information including the Official Secrets Act 1923 must be abolished and the Right to Information Law with provisions for whistleblower protection must be enacted to ensure transparency and free flow of information. Appointment of sector-wise Ombudsmen as per Article 77 of the Constitution can make a difference in ensuring accountability, especially in the key sectors of public service.
Fighting corruption is a highly challenging task because of the links of corruption with power, at whatever level it may take place. It is also widely believed that complete eradication of corruption is not a realistic proposition. What is beyond any doubt, however, is the need for a comprehensive policy with a strategic vision.
The media's role
Critical to any effective anti-corruption strategy is systemic transformation. But the ultimate source of strength in anti-corruption movement is the people - their awareness and participation in the form of a social movement with active support of all stakeholders, especially the media.
The main challenge is to create an environment in which corruption would be hated and rejected by everyone and pressures will come from all levels to generate the will and commitment of leaderships and strengthen the effectiveness of the key institutions.
Turning around Bangladesh's pervasive corruption scene will be long and complicated. The institutional reforms mentioned above only mark the beginning of that process. Separation of the judiciary by itself does not guarantee its integrity, and any benefits thereof would come only in a long-drawn process. To enforce reforms for credible election free from the influence of corruption and black money the Election Commission will have to depend on the Government officials at local levels whose integrity will take long to take roots.
The fate of cases against those behind bars for alleged involvement in corruption remains wide open in a country that has hardly ever in the past experienced such high-level prosecutions for corruption. The most formidable part of the challenge here is to ensure that the law is allowed to take its due course. Abuse of power cannot be fought by abuse of power. Any deviation from the due judicial process is bound to be counterproductive not only for the cases per se but also for the anti-corruption drive as a whole.
High-profile, high-speed drive
If the high-profile and high-speed anticorruption drive succeeds in creating a sustainable basis for effectively reducing corruption in Bangladesh, of which historical opportunities have been created, this will be the first time that a military-backed government has done so. The sceptics would look at examples where military-led anti-corruption drive eventually resulted into entrenchment in power by the military itself.
The war against corruption has enjoyed unprecedented popular support. But like any other war this fight against corruption is also likely to bring out increasing items and numbers in "collateral costs". Implications of emergency in terms of human rights, public harassments and sense of insecurity especially at the local levels, which is typical of military operations and a shaky confidence in business with its implications especially on the market price - all taken together may speed up the process of erosion of public support and enthusiasm.
To sustain public support, the people must be convinced that in the end the anti-corruption drive is going to add value for them and reduce hardships in daily life. And among the indicators they would use are price level of essentials, and visible and invisible costs of access to key basic services like health, education, justice and rule of law.
It remains to be seen what lessons are drawn from the fateful events in Dhaka University. Use of force beyond due process as well as intimidation can only contribute to further erosion of the support base of the Government and the anti-corruption drive. One abuse of power can never justify another.
Elections are due by the end of 2008, and it is everyone's interest that there is no deviation from this timeline. It is widely believed that anti-corruption reforms would take root by then. But whether or not the new political government that would emerge from the elections, when that takes place, would own those reforms remains a question wide open.
The real test for Bangladesh's high-profile and high-speed anti-corruption drive has only started to unfold. All transitions are fraught with risks, there are many ifs and buts. Nevertheless, considering the importance of multi-pronged changes already witnessed there are reasons for expectation and optimism that things will change in the medium and long term provided the changes can be owned by all stakeholders for further consolidation and sustenance.
Dr. Iftekharuzzaman is Executive Director, Transparency International Bangladesh.
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