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Beware of opportunists
Elected govt. is a must in democracy
M. Faizur Rahman
As a democratic country Bangladesh runs on the basis of parliamentary form of government which is unitary and the parliament is unicameral. This is a country of more than 140 million people with a parliament of 300 members. Therefore, we come to the point that we have no provincial assembly. No governor elected or nominated, no upper chamber and also the president is not elected by two chambers as is the case with India. Therefore, timely parliamentary election is more necessary for our country than any other country in the world. This is all the more necessary because we have not yet been able to build up a strong local government system with sufficient delegation of power to look after local problems and development. The whole country looks at the only parliament and her three hundred members. Therefore the responsibility of our 300 members of parliament is enormous. Hence it is extremely necessary that the parliamentary election is held in time and representative government with responsibility and accountability is installed without any gap because the state cannot remain without a government and parliament deriving authority and responsibility from the people. A long vacuum is dangerous. In a situation like this can be twisted by a blow of wind from any direction like a floating ship because the concept of a modern state cannot be visualised without an authority responsible for running its affairs deriving authority and approval from the citizens of the state. If a state is governed by factors other than what is stated above then ultimately it is bound to be in chaos this or that way sooner or not much later. And once the system is distorted and the state is subjected to be governed on a piece meal basis then the state is bound to suffer for an indefinite time because getting it back on proper gear takes long time and efforts. I therefore feel that at this juncture of our national life there is no alternative to an early election. Election Commission The Election Commission is a strong body mandated by our Constitution with almost unlimited power for holding free and fair election. Our previous Election Commission (EC) made itself much controversial and largely for that we are in this situation now. But one must say that they were at least working although frequently in unacceptable manner which could not be allowed, and they had to go. It should be mentioned that under the concept of caretaker government the election with all preparations including making voter list was supposed to be held in three months. But one does not know why suddenly we are talking 18 months for election. What is the difficulty? If every time voter list and election can be performed in three months then why not even in six months now. The EC now is neither working wrongly nor rightly. It is just not working practically. It is simply listening to utopian ideas by idealists and opportunists. The concept of caretaker government is to hold election through the EC and with the help of law enforcing agencies and to run the day-to-day affairs of the state. But due to some reason or other the tenure of this caretaker government has lengthened. This factor, has, it appears now, made them to behave like permanent government. Army's good job The law enforcers and our defence forces are now acting against corrupt people. And on the whole they are trying to do a good job. They are not used to deal with criminals and thugs but they are dealing with such elements now so that nation can get rid of them. It appears now that gradually they are getting on to the right track. There is no alternative to an early election to get the country out of the confusion as it is now. But the ongoing drive against unimaginable corruption should continue simultaneously. These thugs who looted the country like thieves should be taken proper care of whatever their position in party or in the country in the past. Thieves and thugs who looted the country should not be allowed to participate in the election. The ongoing drive against corruption should continue. Reforms should be carried out. As there is not much time, all reform measures should be taken up simultaneously. Otherwise it will take years to complete the job. Opportunists Some opportunists are trying to do politics by taking advantage of the present situation. People know their past history, mentality and hidden ambition. They are no friend of people and would not get vote also. The present authority should deal with them with great caution. They cannot be the alternative to present political set ups. However, if election is held and a political government comes to power, the ongoing reforms should be carried out before the next elected government takes over. And the reforms measures should continue even after their assumption of power. On the question of reforms and drive against corruption there should not be any compromise and should continue if necessary on certain point with help and assistance of armed forces. Therefore, we come to the conclusion that for a democratic state elected government is a must and we should have an early election and install an elected government.
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Anti-corruption drive
Curb civil servants' discretionary power, make administration transparent
Touhid M. Faisal Kamal, Ph.D
This was very normal to resign from their post (the Bangladeshi Anti-Corruption Commissioners) The stage seemed set for re-constituting the Anti-Corruption Commission with more power and authority in order to make it really effective and functional to serve the purpose for resisting corruptions in the country. There is no denying the fact that widespread and pervasive corruption in government and public administration is now the number one problem of the country and the new caretaker government headed by Dr Fakhruddin Ahmed has already announced to undertake appropriate measures immediately to combat corruption. In governance terms, corruption threatens democratic public institutions by permitting the influence of improper interest on the use of public resources and power, and by undermining the confidence of citizens in the legitimate activities of the state. In a developing country like Bangladesh where administrative norms and systems are yet to be developed, most effective action against corruption is to raise the awareness amongst the officers and staff in public service and strictly practicing transparency and accountability. Corruption is a worldwide phenomenon and it has got many forms, colours and dimensions and elimination of corruption totally is not possible anywhere. Bribery, forgery, nepotism, ransom-taking and rent-seeking, tax evasion through collaboration with tax collectors, graft in government purchases, wrong auditing, false bidding etc are some of the forms of corruption we very often have to confront within government offices. Code of conduct To combat corruption a generally applicable code of conduct may be made available to the heads of organisations and other superiors. It will help them considerably to respond adequately to incidents and practices where the suspicion of corruption exists. Particular emphasis should be there on a consistent supervisory control. Special training programmes for combating corrupt practices may be arranged for senior officials and heads of organisations specially to acquaint with ways of exercising control and supervisory functions. Concrete guidance on anti-corruption measures should be available to them so that they can respond in a competent way in an individual case. Guidance and training for public officials especially at senior levels on codes of conduct, ethics and awareness may be considered as essential part of service. These performances should primarily focus on the legitimate activities of civil servants that can be improved by further training. The efforts should be planned specifically to improve the efficiency for application of laws. Also of fundamental importance is the civil servants' code of ethics, which is normally prepared on the basis of an authorisation by law. This is an undertaking in which representatives of all fields-trade, commerce, industry, law enforcement agencies, tax collecting agency, judiciary etc also take part providing expertise and professional input. For a country like Bangladesh, the main remedial measure against further spread of corruption should be to employ modern information technology and reduce civil servants' discretionary authority. This should make government more transparent and accountable. Discretionary powers of the government employees are normally abused. There is an incredibly wide range of possible applications of IT to reduce discretion and increase transparency. The newly re-constituted Anti-Corruption Commission should must try to develop a national data base on the claims/allegations in the newspaper reports on corruptions and should be updated regularly. Disposal of cases Quick disposal of corruption cases is yet another area where proper attention should be given by the authority concerned. Special legal provisions must be in place to quicken the processes of trial giving the impression that the government means business. In this respect, some quick exemplary punishment against the culprits will go a long way in enhancing ACC's credibility. Another really effective deterrent measure will be to apply stiffer sanctions, especially jail sentences for corrupt behaviour, confiscation of the ill-gotten money and property and to declare unfit for public offices and electoral posts. In fact, the fair sanction is an important deterrent. The possibilities of suffering social ostracism, financial penalties would inevitably discourage people from indulging in corruption. One of the major reasons that corruption flourishes in Bangladesh is that hardly anybody is ever punished for it. We all know that there is massive loan default, tax and customs evasion, power theft, procurement corruption like kickbacks and extortion everywhere in Bangladesh. Yet detection and punishment for these offences is rare. Weak application of sanctions reflects the deficiencies of the anti-corruption machinery and a judicial system where justice is delayed. A combination of political will and remedies is, therefore, needed to make sanctions a more potent deterrent to corruption in the country. Since two Asian countries-Japan and South Korea have achieved considerable success in combating corruption we can follow some of the practices they use. Japanese case In Japan the National Public Service Law provides legislation relating to the discipline of national public employees in the regular service. It includes the prohibition of any act, which may cause discredit to the public service. The violation of this legislation is punishable under the disciplinary punishment rules provided by the national public service law. The public service officials' ethics and codes of conduct are established by every ministry and agency and applied to its public service officials. They are forbidden to have contacts with business firms. There is a policy based on cabinet decision that due consideration should be given in filling up important positions that no particular officer is allowed to remain in such posts for a long period. Besides, training and ethical awareness as mentioned are also provided. The functioning of the government officials are strictly monitored ensuring transparency and accountability. Korean scene In Korea, the act on ethics in public service aims to secure fairness in public service by preventing public officials from accumulating unlawful properties. The Act institutionalises the registration and disclosure of the reported property of both public officials and candidates for elected public office. The Act covers high-level officials in public service-related organisations as well as all public officials in the executive agencies, the legislature and the judicial bodies. Under the law, national and local public officials higher than grade four (director or equivalent level in the central government) as well as office holders of selected positions in public service-related organisations have to report their property to the registration agency and renew their report annually. The registered property of public officials higher than grade one (deputy minister or equivalent level in the central government) shall be made public through the official gazette or public bulletins. The Public Service Pension Law reduces the pension by half of public officials who received penalty, impeachment of disciplinary dismissal on grounds of corruption. Among Korean citizens, the telephone number 188 is well known. By dialing 188, any citizen can report corrupt actions of public officials to the Board of Audit and Inspection. The author is a researcher and free lance writer. e-mail: tmfaisalkamal@yahoo.com
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KALEIDOSCOPE
Déjà vu scenario?
Nasrine R. Karim
It seems that an air of violence and desperation surrounds Pakistan's US-backed military regime, Chaudhary Shujat Hussain, Pakistan President Musharraf's former Prime Minister and the current President of the most important political grouping that supports the General-President charged that there is a campaign to "malign" the armed forces and that those involved in this campaign are "agents of RAW" (the secret police of Pakistan's arch-rival India) and "should be treated as traitors" (Everything is always India's fault! and Indian Prime Minister talks of "connectivity" during the 14TH SAARC Summit! is he dreaming?). This declaration is according to a statement after an emergency meeting on June 1st of the Pakistan Army's corps commanders and principal staff officers who, of course, declared full support for President Musharraf. From the Inter-Services Intelligence (ISI) Public Relations bureau, "The conference took note of the malicious campaign against institutions of the State, launched by vested interests and opportunists who are acting as obstructionist forces to serve their personal interests and agenda even at the cost of flouting the law." The violent attacks on protesters in Karachi, on May 12-13, left more than 40 people dead. The regime of General Pervez Musharraf has apparently lashed out with "preventative arrests" including intimidating the press. The government had given the State regulator of broadcasting (PEMRA) sweeping new powers to issue ordinances governing the electronic media and to cancel the licenses, seize the equipment and seal the premises of broadcasters who violate its edicts. "It's a repressive law," Talaat Hussein, Aaj TV's director of news told the BBC. "It's very clear that the government does not want any visuals on the TV screens which are against its policies." The government has accused private television stations of fomenting opposition and of allowing the broadcasts of statements and images that are disrespectful to the army and judiciary. The Bush administration has however reiterated its full support for Pakistan's President General Pervez Musharraf, in the wake of chillingly bloody attacks on opposition protesters in Karachi. At a press briefing last week, US State Department spokesman Tom Casey pointedly refused to make any criticism of Musharraf or his political allies for unleashing terror on the streets of Pakistan's largest city, then reaffirmed Washington's support for the man who doubles as Pakistan's President and Chief of Armed Services. Surely, USA should not tout "democracy" anymore. The violence, which was perpetrated by armed thugs of the Muttahida Quami Movement (MQM), was apparently aimed at stamping out a mounting wave of anti-government protests. However, by May 14, most of Pakistan's major cities, including Lahore, Peshawar, Quetta, and especially Karachi, were paralyzed by a general strike called by the opposition parties to protest the previous violence. There is a "complete strike in Karachi," conceded the police chief Azhar Faruqi to the Guardian of London. Musharraf's attempt to sack the Chief Justice of the Supreme Court has served as a catalyst for the anti-government protests. But the protests are most likely the product of deep-rooted popular opposition to Musharraf's support for and complicity in the US's wars of aggression against Afghanistan and Iraq. However the US reaction to the Karachi violence, suggested there may be "concerns" within the administration that Musharraf is "losing the handle on the situation," Tom Casey began by observing that the violence had abated, without breathing a word as to who had fomented it, and concluded by declaring, "I don't think our assessment has fundamentally changed about him or his role in Pakistani society." He is describing the President, of course. The former US Ambassador to Kabul and US special envoy Ronald Neumann however insisted that Islamabad step up efforts to combat the Taliban in Pakistan and to cooperate more closely with Afghanistan's US-backed government. Neumann told reporters Musharraf had not reached his "full capacity" in fighting "terrorism and extremism." But he also made it clear that Musharraf remains a pivotal ally of the Bush administration, "I don't think Musharraf has reached the end of the line." Neumann said Washington would provide additional funding to Pakistan to increase military patrols on its border with Afghanistan. According to a report in The New York Times, the Bush administration has turned a deaf ear to the US military to tie the US payments to the Pakistani military against logistical support for the Afghan occupation along with fighting the Taliban and Al Qaeda in Pakistan. These payments, which are dubbed "Coalition Support Funds," are said to have averaged $80 million per month since October 2001! This equals to circa fifth of total Pakistani military spending. It has now surpassed $5.6 billion! Not bad. The Times linked the White House's refusal to threaten Islamabad with a cut in "Coalition Support Funds" to its fears for the future of the Musharraf regime: "The administration, according to some current and former officials, is fearful of cutting off the cash or linking it to performance for fear of further destabilising Pakistan's President, Gen. Pervez Musharraf, who is facing the biggest challenges to his rule since he took power in 1999." Musharraf's March 9th suspension of Chief Justice Iftikhar Muhammad Chaudhry on corruption charges was the main trigger for local unrest. The General-President's attempt to rid himself of the uncooperative judge has backfired, becoming a catalyst for popular protests, while serving to alienate much of the legal-juridical establishments. Justice Chaudhry has emerged as something of a popular figure, because of his defiance to the General-President and pro-democracy speeches, while repeatedly promising to launch a "final struggle" against the Musharraf regime. The irony of this is that Justice Chaudhry has been a supporter of President Musharraf till recently. Meanwhile, Benazir Bhutto's Pakistani People's Party (PPP), which poses as a progressive even a "socialist" party, has long been involved in negotiations to strike a deal with Musharraf under which the PPP would be given a share of power in return for supporting the General remaining president till 2012. In an interview with The New York Times, former Prime Minister, Benazir Bhutto suggested she would be willing to work with the general if he gives up his post as military chief. "The fact that he was ready to engage with the PPP was positive," Bhutto told the Times, "I think he toyed with the idea of moderate forces getting together." Bhutto has sought to justify a deal with Musharraf on the grounds of opposing the religious right. Benazir Bhutto and her Pakistan People's Party, while they posture as progressives, their orientation is apparently toward winning Washington's backing by vowing to serve US interests even more faithfully than the current government, and toward making a deal with the military. The Bush administration and the British government have been actively, according to several international newspapers, promoting a PPP-Musharraf partnership. Bhutto, for her part, has been courting the Bush administration by promising to be a more effective supporter of the US "war on terror" than the current Pakistani regime. She is very convincing too! Recent events have, however, caused Bhutto, at least for the moment, to publicly downplay the imminence of a deal with Musharraf. No doubt she calculates that she can extract better terms from a weakened Musharraf, The question is, where is her rival Nawaz Sharif? Being outwitted by a woman? "The victor will never be asked if he told the truth": Adolf Hitler.
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