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“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh



Issue No: 176
February 6, 2005

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Law reform

Activate standing committee to strengthen the local government

Oli Md. Abdullah Chowdhury

Strengthening local government is one of the essential elements of good governance and service delivery to the rural people of Bangladesh could be made effective through the supervision of local government. Though there had been suggestion for encouraging local government in the constitution of Bangladesh, successive governments have discouraged this basic institution instead. As a result, essence of the development activities does not reach to rural people and centralisation remains a big problem until now after three decades of independence.

Constitution and the local government
"The State shall encourage local Government institutions composed of representatives of the areas concerned and in such institutions special representation shall be given, as far as possible, to peasants, workers and women"- as it is said in Article 9 of the Constitution of the People's Republic of Bangladesh. Instead of encouraging local government, centralisation has been ensured by all the governments.

Union Parishad Ordinance
An ordinance to provide for the constitution of Union Parishads for the unions in rural areas was made in 1983, namely, The Local Government (Union Parishads) Ordinance, 1983. Though there has been an ordinance for more than 20 years, it has not been implemented wholly. The provision of constitution of Standing Committee is a glaring example that laws are not implemented in our country properly.

Constitution of standing committee
It has been codified in Section 38(1) of the ordinance, " The Union Parishad shall, at its first meeting, in each year , or as soon as may be at any meeting subsequent thereto, constitute Standing Committees for dealing respectively with-
(a) finance and establishment;
(b) education;
(c) health, family planning, epidemic control and sanitation
(d) audit and accounts
(e) agriculture and other development works
(f) social welfare and community centres
(g) cottage industries and cooperatives

Moreover, Union Parishad may constitute additional Standing Committees. In that case, prior approval is needed from the Deputy Commissioner, however.

Again, Union Parishad may co-opt a person possessing special qualification of either sex outside from the members of Union Parishad. Though, s/he would not have any voting right, shall deemed to be member thereof for all other purposes.

Transparency and accountability
Not only rural people of Bangladesh are skeptical by and large in effectiveness of UPs in fulfilling the demands of the public, they also think that there is a lack of internal transparency in the conduct of UP's business. Activation of Standing Committees would help UPs bring transparency in financial management with better service delivery by monitoring service deliberation properly.

Network of Union Parishad
National Union Parishad Forum (NUPF) is a network of Union Parishad . This forum has expressed strong interest in forming standing committees, as it would give UP credibility to the people of the constituency whom they represent. At the same time, it would help them delivering service in a better way through a participatory and transparent process.

Concluding remarks
Although there are some committees prescribed by the government circulars, they do not exist or are not effective in practice. According to the aforesaid ordinance, UPs like parliament are authorised to form standing committees to oversee services, like health and education. If Standing Committees are in place, local government would be further strengthened and people would get better service.

The author is Advocacy and Research Specialist, FIVDB.

 

 
 
 


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