NIS

1. The National Integrity Systems in Bangladesh (NISB) The belief is: ‘Integrity’ makes institutions effective. NISB is a policy document to prevent corruption through institutionalization of integrity in institutions. The National Integrity Systems in Bangladesh (NISB) is the sum of all institutional structures (pillars), legal frameworks, and systematic processes to address governance: deficits corruption and dysfunctional aspects of public institutions and watchdog bodies. The NISB concept has been used as a basis for qualitatively assessing: The vulnerabilities of Bangladesh to corruption and institutional effectiveness in addressing corruption. Collective strength and a strong synergy between and amongst NIS pillarsfor the system’s overall effectiveness. Weaknesses in one or more pillars, particularly in the public sector, which, directly or indirectly affect the other pillars. NISB examines the capacity, role and governance of the: 1.Parliament 2.Executive 3.Judiciary 4.Public Administration 5.Local Government 6.Police 7.Comptroller and Auditor General 8.Election Commission 9.Anti-Corruption Commission 10.National Human Rights Commission 11.Information Commission 12.Political Parties 13.Civil Society 14.Media 15.Business NISB analyses both: the legal framework governing the institutions and actual practice to highlight the gaps between the two and offers a set of practical policy recommendations for better performance of the NIS in Bangladesh. 1

2. Theoretical discussion of corruption Corruption is the acts in which public power is used for personal gains in a manner that contravenes the rules of the game (Jain 2001). Corruption is a form of dishonesty or criminal offense undertaken by a person or organization entrusted with a position of authority, to acquire illicit benefit or abuse power for one's private gain. Corruption may include many activities including bribery and embezzlement, though it may also involve practices that are legal in many countries. Corruption can occur on different scales. Corruption ranges from small favors between a small number of people (petty corruption) to corruption that affects the government on a large scale (grand corruption), and corruption that is so prevalent that it is part of the everyday structure of society, including corruption as one of the symptoms of organized crime. oPetty corruption occurs at a smaller scale and takes place at the implementation end of public services when public officials meet the public. For example, in many small places such as registration offices, police stations, state licensing boards, and many other private and government sectors. oGrand corruption is defined as corruption occurring at the highest levels of government in a way that requires significant subversion of the political, legal and economic systems. Such corruption is commonly found in countries with authoritarian or dictatorial governments but also in those without adequate policing of corruption. The government system in many countries is divided into the legislative, executive and judicial branches in an attempt to provide independent services that are less subject to grand corruption due to their independence from one another. oSystemic corruption (or endemic corruption)is corruption which is primarily due to the weaknesses of an organization or process. It can be contrasted with individual officials or agents who act corruptly within the system. Corruption in different sectors oGovernment/public sector Within the political system Within the police In the judicial system oIn healthcare oIn the education system oWithin labor unions oIn religion oIn philosophy oCorporate corruption oArms for cash 2

3. Corruption Methods oBribery oEmbezzlement, theft and fraud oExtortion and blackmail oInfluence peddling oNetworking oAbuse of discretion oFavoritism, nepotism and clientelism Causes of corruption in Bangladesh Personal Factors 1.Personal greed that leads to an unfettered desire for money or power, with no regard whatsoever to moral boundaries. The underlying anthropological cause is the innate human impulse to own external goods, when it is not subject to personal integrity. Is personal integrity less valued than it used to be? Is there a need for religious or other types of motivation that were once stronger? 2.Decline of personal ethical sensitivity, either due to lack of education or negative learning experiences, developed by downplaying perverse conduct in the past. Should ethical education be put under review? Is it time for a personal reassessment with sincerity and repentance, to learn more about its influence in promoting positive learning? 3.No sense of service when working in public or private institutions. This is seen, for instance, in those who use politics for their selfish interests, instead of serving the common good through politics. How can we promote politicians and leaders with a true service- oriented spirit? 4.Low awareness or lack of courage to denounce corrupt behavior and situations conducive to corruption. That is the case of someone who is aware of corruption and stays quiet. They simply cover for the corrupt individuals, perhaps thinking that it is not their problem, or perhaps out of cowardice, so as not to make their lives more complicated. Would it help to promote a culture of denouncing corruption? Cultural Factors 5.Cultural environments that condone corruption. Such as defending or even admiring crooks (“you have to be pretty smart to evade taxes”). Or rationalizing false arguments with no moral basis (“everyone does it”; “take advantage while you can”; “life is short”). Who ought to promote that culture? Social leaders? Everyone? 6.Lack of transparency, especially at the institutional level, but also in less formal organizations. Knowing that what you do is seen by everyone, wouldn’t that deter acts of corruption? 3

4. Institutional Factors 7.Regulations and inefficient controls. Increased regulations and control mechanisms are probably not the answer. They are costly and tend to stifle initiatives and administrative dynamics. But why not have better regulation and more effective control in areas prone to corruption. Is that so difficult? 8.Slow judicial processes. In some other countries, we would have to add “and unreliable” to that statement. Swift processes can have a greater exemplifying effect than those that, by the time the sentence comes, the crime already is nearly forgotten. Justice requires appealing processes and warranties, but not if it means slowing down the administration of justice. Do we need more judges, but also better processes? Organizational Factors 9.Lack of moral criteria in promotions. Corruption is prevalent when there are no criteria for proven integrity and responsibility in the promotion. Such criteria are ignored when someone is promoted simply because of their loyalty to whoever is in charge or those in control of the party. Or if it is only their strategic or organizational skills that are evaluated. Obviously, someone can be wrong when making a promoting someone, but there should be no problem distinguishing between a simple mistake and culpable ignorance due to negligence or a lack of ethical assessment. Is it an issue of ethical shortsightedness? 10.Downplaying or reacting mildly to corruption charges. Little power of decision within organizations to penalize acts of corruption to set examples creates an environment conducive to perpetuating corruption. In sum, there are various reasons — personal (1 to 4), cultural (5, 6), institutional (7, 8) and organizational (9 and 10) — applicable, on a greater or lesser scale, to different cultural and geographical environments. And we can clearly see that a proper diagnosis of the causes will bolster the fight against corruption. Remedies of Corruption Prevention Enhancing civil society participation Creating bottom-up mechanisms, promoting citizens participation and encouraging the values of integrity, accountability, and transparency are crucial components of fighting corruption. As of 2012, the implementation of the "Advocacy and Legal Advice Centres (ALACs)” in Europe had led to a significant increase in the number of citizen complaints against acts of corruption received and documentedand also to the development of strategies for good governance by involving citizens willing to fight against corruption. 4

5. Correction Anti Corruption Commission (ACC) Act (with 2013 amendment) Act 2004 Sec 3: Commission was established as an independent and neutral commission through official gazette Sec 4: Office of ACC is/are: Head Office (Dhaka) and Divisional/District Offices (All over the country) Sec 5: Formation of ACC with 3 Commissioners of whom 1 is appointed as Chairman by the President Sec 6: Tenure of ACC Commissioners is 5 years from the date of joining Sec 7: Selection Committee consists of: Chairman – Justice of Appellate Division (Nominated by the Chief Justice) Member – Justice of High Court Division (Nominated by the Chief Justice) Member – Chief Auditor and Controller of Accounts Member – Chairman of Public Service Commission Secretary – Last retired Secretary of the Cabinet Sec 8: Eligibility of Commissioner: Bangladeshi citizenship Non-loan default of Bank/Financial Institution Non-insolvent declared by the Competent Court Non-Guilty of Corruption/Moral Turpitude Not employed in Government Service Not handicapped or person of unsound mind Never punished in the Departmental Proceedings Sec 9: During their tenure ACC Commissioners cannot hold profitable position of the state Sec 10: Resignation – ACC Commissioners may resign with 1 month prior notice to the President Termination – ACC Commissioners may be terminated through the similar procedure of terminating a Justice of the Supreme Court Sec 11: Temporary vacancy of the ACC Commissioners to be filled within 30 days Sec 12: Chairman is the CEO of the ACC or anyone assigned by the President in absence of the Chairman Sec 13: Salary, allowance, etc., of the Commissioners will be determined by the Government Sec 14: Meeting of Commission is headed by the Chairman with 2 commissioners including Chairman Sec 15: Decisions taken in the meeting of the ACC are evaluated after every 3 months Sec 16: Secretary, employees, etc., of the ACC may be appointed by the ACC itself Sec 17: Functions of the ACC are to enquire and investigate the complaints and lodge case, organize seminar for awareness against corruption; R&D, advise necessary measures to the President Sec 18: ACC is empowered to investigate any issue of corruption Sec 19: Special Power of ACC To issue summon and ensure the presence of witness and their evidence To explore and present evidence/documentary proof 5

6. To call for any public record To issue arrest warrant to bring the witness If anyone creates barrier in the due proceedings of investigation or the exercise of power by the ACC, the concerned shall be punished with maximum 3 years of imprisonment or penalty or both Sec 20: Investigation ACC Commissioners hold power of investigation like the Thana Officer (In-Charge) Investigation shall be completed within 120 official days plus 60 official days (after extension) If the investigation remains incomplete, then necessary proceedings shall be taken against the incompetent commissioner A new investigation team shall be assigned to complete the investigation within 90 official days Sec 21: ACC Commissioners are empowered to arrest as per permission of the court Sec 22: ACC Commissioners hear the accused Sec 23: To investigate ACC employs experts and calls for public records from the other Government institutions. ACC can take necessary measures against those who fail to cooperate or not cooperate them Sec 24: ACC Commissioners are independent in performing their duties Sec 25: ACC enjoys freedom in spending the allocated amount to it by the Government Sec 26: If anyone gives such declaration of income and assets which is baseless and not proportionately justified with the actual income and actual value of the assets, the concerned shall be punished with maximum 3 years of imprisonment or penalty or both Sec 27: If anyone gains any such amount of assets or properties which is disproportionate to his/her source of income, then the concerned shall be punished with minimum 3 years to maximum 10 years of imprisonment or penalty or both. Moreover, all such properties shall be ceased Sec 28: a) The offences under this law are cognizable and non-bailable b) No witness can be forced to disclose the names and addresses of the complainants c) If anyone gives wrong information or lie, the concerned for such offence shall be punished with minimum 2 years to maximum 5 years of imprisonment or penalty or both. Sec 32: Without copy of the prior permission of the ACC, no court shall consider such allegation as cognizable 6