Documente Academic
Documente Profesional
Documente Cultură
Prepared For: Sheikh Morshed Jahan Course Instructor Business Strategy Institute of Business Administration University of Dhaka
Prepared By: Faisal Habib (ZR 64) Mirza Iftekhar Niaz (ZR 69) Kazi Noman Ahmed (ZR 74) Md. Raisul Chowdhury (ZR 101) Tanveer Kabir (ZR 102)
Contents
Brief Profile of the institution ................................................................................................................. 1 Vision of Anti-Corruption Commission ................................................................................................. 1 Mission and goals of Anti-Corruption Commission ............................................................................... 2 Functions of Anti-Corruption Commission ............................................................................................ 2 Chairman and commissioners ................................................................................................................. 2 Schedule and Regulations followed by the commission ......................................................................... 3 Key Problems faced by the ACC ............................................................................................................ 3 The ACC at a glance (Statistics as of May 2007) ................................................................................... 4 1 Objectives of the Study ........................................................................................................................ 4 2. Methodology ....................................................................................................................................... 5 3. Scope:.................................................................................................................................................. 5 4. Rationale: ............................................................................................................................................ 5 5. Limitations: ......................................................................................................................................... 5 Appendix A: Brief History of the ACC ................................................................................................... i The Bureau of Anti-Corruption and its Limitations............................................................................. i Anti-Corruption Commission .............................................................................................................. i Bibliography .......................................................................................................................................... iii
Parliament, the Public Administration Reform Commission, the Office of Ombudsman, and the Courts etc. (Institute of Governance Studies, BRAC University, 2007)
Number of complaints registered: 25,000 Past cases since 2004: 60-70 (charge sheets submitted but stayed by High Court) Number of cases prosecuted: As of May 2007, None Rate of conviction: BACs rate of conviction was 40% Staff size: 1281 Existing equipment: 3 photo copiers, 1 fax machine and 50 computers Budget: BDT 153,132,000
2. Methodology
Primary Data will be collected through a series of interviews of the experts in this sector current and formal members of the Anti-Corruption Commission. The interviews will be conducted through semi-structured questionnaire. Secondary data will be collected through various journals and research papers regarding ACC. Transparency International Bangladesh will be contacted to access their publications. After analyzing the data, problems will be identified and a recommendation model will be constructed through several brainstorming session of the group members.
3. Scope:
The report aims to identify areas of improvement in the Anti-Corruption Commissions independence, accountability, effectiveness, resource utilization, human resource upgrading, inter-institutional coordination and policy development. The scope of the paper thus encompasses all the functional and operational areas of the commission. The paper will look at worldwide practices (especially more successful anticorruption institutions in corruption prone countries) and provide necessary recommendations.
4. Rationale:
When it comes to economic assistance and foreign investment, the notoriety of being three times champion in corruption recently has not helped our country much. The ACC being the main force in curbing this corruption, it should go through a continuous scrutiny. This report can be useful to the government and the ACC itself if it wants to reform. The various political and non-political citizen organizations can also use this report to develop their understanding. Finally, this report can be used for future research on corruption and the ACC.
5. Limitations:
The possible limitations of conducting this study can be: Lack of time and resources Access not granted to sources of critical information Lack of previous research in this sector
reactions. The first Chairman was Justice Sultan Hossain Khan, a former High Court judge and first commissioners were Monir Uddin Ahmed and Prof. Maniruzzaman Miah. Further controversies arose from the concern that the ACC was to absorb portions of the BAC. Once the BAC was dissolved, the ACC took in thirtythree First Class and fiftytwo Second Class Officers, and 658 Class III and IV employees. (The Daily Star, 2007) The ACC Act allowed the absorption but did not allow a review committee which was needed for the screening of the employees. The Act further required ACC to have an organogram as well as rules and regulations ratified by the government before it can carry out its essential functions such as hiring prosecutors and prosecuting cases. The beginning of ACC was marred by political and logistical obstacles. Besides the employees from BAC, the ACC inherited 20,000 pending cases, some of which outside its jurisdiction. Exacerbating the matters, the Awami League leaders did not support the ACC. Also citizens and interest groups immediately started submitting new complaints against officials demanding immediate action which was not possible by ACC. As it started filing charges, they made little ground in the courts and the charged local and federal officials openly rejected the ACCs demand for information citing legal requirement of approved rules and organogram before it could function. Matters were still worsened by the BNP-led governments attempt to appoint a Secretary to the ACC without consulting the Commissioners. This resulted in a government directive that all former staff of the BAC could not continue work as ACC staff until the Commission enacted its rules. Besides these external problems, the ACC also faced internal complications and disagreements among the three Commisioners. Commissioner Miah proposed an organogram of nine hundred (900) staff and supported the governments stance on the illegality of hiring former BAC staff before the rules of practice were in place. Chairman Sultan and Commissioner Ahmed, on the other hand, rejected Commissioner Miahs projected organogram as well as his position on the issue of BAC employees. All of these resulted in a power struggle among the Commissioners, Commissioner Miah getting stripped of all power while refusing to resign. Despite government directives, Chairman Sultan instated the former BAC staff into the ACC and without ratified organogram or rules, the ACC considered ways to expand its power and scope of investigation. To mitigate the complications facing the ACC, external organisations began to offer assistance. Asian Development Bank (ADB), on behalf of multiple international organisations, volunteered fully funded consultants to investigate alleged crimes so that the Commission could concentrate on resolving the administrative issues. A group of high level legal and professional advisers offered to create and administer a process for screening former BAC staff. Following a request by the ACC itself, experts at the University of Dhaka drafted an organogram for the organisation. In all instances, however, Chairman Sultan stated that the proposals were either inappropriate or insufficient for the purposes of the ACC. The ACCs troubles continued when a series of petitions were filed with the High Court that challenged the appointment of certain staff and portions of the ACC Act as illegal. Majority of these petitions were successful and the High Court issued rulings that led to the ACC being even more dysfunctional. Hope came at the end of April 2005, when the ACC submitted proposed organogram and rules, campaigned to raise the image of the commission, caught Chittagong port authorities taking bribe and proved portion of its legality to the High Court. But hope ebbed away as it had come since the ACC failed to show any real effectiveness other than making high profile surprise inspections,
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lodging complaints against senior level government employees and making public promises that the ACC could not keep.
Bibliography
Institute of Governance Studies, BRAC University. (2007). Institutions of Accountability: AntiCorruption Commission. Dhaka: IGS, BRAC. The Daily Star. (2007). Recommendation for Wholesale ACC Recast. Dhaka: The Daily Star. Transparency International Bangladesh. (2001). Bureau of Anti Corruption, Prime Minister's Office, Fact-Finding Report. Dhaka: TIB. Wikimedia Foundation. (2013, August 5). Anti Corruption Commission Bangladesh. Retrieved August 19, 2013, from Wikipedia: http://en.wikipedia.org/wiki/Anti_Corruption_Commission_Bangladesh
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