Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 1124 Sun. July 29, 2007  
   
Point-Counterpoint


GOPAC in Dhaka


Corruption is considered a social disease, which is prevalent more or less in every country of the world today. It is defined by the World Bank and Transparency International (TI) as "abuse of public power for private benefits."

Corruption generally thrives in an environment of poverty and weak accountability structures. Corruption drains out resources, which could otherwise be used for pro-poor programs. Corruption, thus, may be a creation of poverty, but its actual danger is that it breeds more poverty by blocking poverty alleviation programs.

Poverty and corruption are interlinked, and form a vicious cycle. But the catalyst for the formation of the cycle is the environment of weak accountability. Breaking of the vicious cycle, thus, depends on improvement of accountability structures.

Parliamentarians, especially in a parliamentary system of governance, have the responsibility of amplifying the voices of the citizens in the house of the nation, and also ensuring that the government makes decisions that best serve the interest of the people. Parliamentarians are also in a position to play a vital role in mobilising public opinion against the government, in case the government does not do enough to stop corruption.

Parliamentarians from around the world met in the Chamber of the Canadian House of Commons from October 13 to 16, 2002, and formed the Global Organisation of Parliamentarians Against Corruption (GOPAC).

In Bangladesh today there is no functional parliament. National election for formation of a parliament could not be held on schedule (by January 2007) due to political disturbance.

The same has now been deferred till end of 2008. An interim caretaker government is running the affairs under the umbrella of a state of emergency, with the ultimate objective of holding a fair election free from the influence of money and muscle power.

The reason for the political agitations was the apprehension that the last ruling coalition government would manipulate the election results. The party in power took full advantage of being in power and earned a huge amount of wealth through corruption. They also earned the loyalty of persons holding important positions and muscle power, especially in connection with election, by allowing them legal immunity and undue or illegal favour.

Using muscle power and money obtained through corruption and making the state institutions partisan were tactics planned to get a predetermined result in the election in favour of the last alliance government.

So the question of holding the election on a level playing field for all contesting parties came up before the election. To ensure the same, it is necessary to stop use of extra money and muscle power in the next general election, in addition to making the government machinery neutral.

As corruption was the vehicle for amassing illegal money, with the ultimate intention of using at least a part of it to win the election, it became a priority for the caretaker government to wage war against corruption and the corrupt elements of the society to ensure fair election.

In the back drop of the above situation, GOPAC, in conjunction with the National Democratic Institute-Bangladesh and the World Bank Institute, hosted a "Curbing Corruption in South Asia" conference in Dhaka on July 11 and 12. It was participated by parliamentarians/delegates from most of the Saarc countries, Kuwait, and Zimbabwe.

In the inaugural session, the keynote paper was presented by General Moeen U. Ahmed, chief of army staff. He emphasised the need for curbing corruption and described the actions so far taken by Bangladesh government in this respect.

He also put forward some specific recommendations like, ensuring exemplary punishment for all those found guilty of corruption, establishing an independent judicial system, continuing the anti-corruption drive on a regular basis, enacting right to information act, creating moral high ground against corruption, boycotting the corrupt people socially, appointing a parliamentary ombudsman, reorganising the police force and considering a pay hike for them etc.

In the same session, the former speaker of the parliament, Barrister Jamiruddin Sirkar, spoke as a chief guest. He detailed how accountability and transparency of the government is ensured in the parliament in our system.

He mentioned there is provision for bringing no confidence motion against the prime minister by the parliament. The office of the PM would become vacant if he/she ceases to retain the support of majority members of parliament.

He said, to oversee the activities of the ministers the parliament appoints standing committees. There are about 48 standing committees, which oversee the actions of the ministries and act as watchdogs. Committees make recommendations, which the government is generally obliged to abide by.

He referred about making ministers responsible under Rule 42 (of Rules of Procedure of Parliament) by way of questions by the MPs and answer to the question by the ministers.

He said there is provision in the rules of procedure under Rule 60 for discussion (half an hour) on a matter of public importance arising out of answer to a question.

He mentioned there was provision for motion for adjournment under Rule 62 on a matter of public importance. This also ensures accountability of the government by allowing discussion on a matter of public importance on an urgent basis by adjourning the scheduled order of the day.

He stated that there were provisions for discussion on matters of public importance for short duration under Rule 68; call attention notices to the ministers could also be served under Rule 71 on matter of public importance.

There is no denying the fact that what he said about our parliament is correct. But nobody can ignore the reality that our parliament could never ensure the slightest minimum accountability and transparency of the government. Our parliament had all along been used and misused as a rubber stamp to legalise all sorts of actions of the government, whether they had merit or not.

No PM ever had to worry about a no-confidence motion, or ministers about the scrutiny of the standing committees, accountability on the floor of the parliament on question time, during discussion on matter of public importance, on call attention notices or adjournment motion due to some provisions in our Constitution and the rules of procedure.

Article 70(1) of our Constitution bars any MP to vote against the dictate of his/her party or else face losing membership of Parliament, thus allowing the government party with majority of MPs with them to have captive decisive votes to pass any proposal any time in the floor of the parliament in favour of government.

Parliamentary standing committees are constituted with proportional representation as per party position in parliament. Government party MPs being higher in number in parliament also constitutes majority in standing committees. Chairman of each committee are decided by majority vote in the parliament, which allows the government party to choose and they generally choose all from ruling party MPs.

With chairman and majority number from ruling party and with the provision of not allowing those to go beyond the party dictate the standing committees are more often found defending government ministers instead of making them accountable.

Article 74 (1) of our constitution stipulates election for the post of speaker and deputy speaker by simple majority vote. Rule 161 says both of these positions can be made vacant by simple majority vote in parliament. As such, speakers are elected by the ruling party from amongst them and the speakers remain in office at the mercy of the government.

So long as the speaker has party bias and is not free from constant threat of losing position if the ruling party is dissatisfied other provisions of accountability like question time, discussions on matter of public importance or on adjournment motion etc. becomes quite ineffective and futile. Speaker is found to side with ruling party and create scope for government to avoid accountability and transparency using his discretionary power.

One of the major causes of gradual rise in the incidents of corruption and irregularity in Bangladesh is complete failure of the parliament to make government accountable and transparent. This ultimately had created a situation where the democratic system stalled.

In the concluding part of the declaration released at the end of the Dhaka conference of GOPAC it is mentioned: "GOPAC is a global network of parliamentarians committed to reducing corruption by strengthening national parliaments as institutions of democratic over sight."

To have a fresh start after the next general election we must address anomalies in our Constitution and rules of procedure to make the new parliament more effective in curbing corruption and making government accountable and transparent. This would put our future parliamentarians in line with the spirit of GOPAC.