Annex III

Corruption can't be curbed if state fosters it, CJ tells seminar

by Staff Reporter (The Independent dated 3^rd September 1999)

Chief Justice Mostafa Kamal has said that one need not go abroad to take lessons on combating corruption. The solution should be sought from the very people indulging in corruption by seeking their involvement in doing away with it. "That is what I am doing in dealing with malpractice at vulnerable places in the Bangladesh Supreme Court," he said stressing that the setting up of high-powered commission was not enough to deal with the problem. In this case small in-house approach could produce better results if it could be properly evolved and implemented with sincerity and honesty.

Transparency International-Bangladesh organised the seminar on "Corruption in Public Administration" at the Centre of Integrated Rural Development for Asia and the Pacific (CIRDAP) auditorium yesterday.

Food and Agriculture Minister Motia Chowdhury, Public Administration Reforms Commission Chairman Prof ATM Shamsul Haque, BNP law makers M K Anwar and Khalequzzaman, Chief Justice Mostafa Kamal, eminent lawyer Dr Kamal Hassain, and National Board of Revenue Chairman Abdul Muyeed Chowdhury were among the speakers.

The keynote paper was presented by former Comptroller and Account General Hafizuddin Khan, Executive Director of Transparency International Barrister Manzoor Hassan also spoke.

UNB adds: The seminar hammered out a common view that appalling corruption in administration could he controlled by strengthening watchdog agencies, like Public Accounts Committee, Office of the Auditor General and Bureau of Anti-corruption. Parliamentary standing committees can also effectively guard against administrative corruption, it said. It felt the need for appointment of an Ombudsman as per provision of the Constitution. Speakers also talked about erosion in value system and called for overhauling the education system.

Chief Justice Mostafa Kamal said, "Corruption can't be fought at all if state fosters, nurtures corruption." He recommended an education system with strong religious bias, saying, "ethos that guides the nation is religious ethos." The Chief Justice said there are a lot of people in the administration and the judiciary who are honest. He advised the Transparency International-Bangladesh to carry out a survey on those honest people and ascertain the motivation that keeps them honest. "Then you'll find a solution", the Chief Justice added.

In the face of a strong plea for a change in politics as a prerequisite for a corruption-free society, former finance minister Saifur Rahman came out in defence of the politicians and suggested making civil bureaucrats answerable. "You all blame politicians ... Civil servants who are behind every transaction never take any responsibility for their wrongdoing,'' Saifur said. Saifur said every file gets signed by at least seven secretaries before it lands at the ECNEC for approval. But only politicians are made scapegoat when any case is filed regarding any transaction, he regretted. He, however, felt political culture needs to be changed and watchdog agencies strengthened to have a better administration. Good governance and devolution of power, along with effective watchdog agencies, are essential for transparent and accountable governance, he viewed.

Agriculture Minister Motia Chowdhury mentioned government steps to make parliamentary standing committees more transparent and accountable saying that the relevant ministers no longer chair the committees. Corruption is a very old practice, but today it reached such heights that "we have to bounce back for our future.'' Corruption prevails in every sphere of society, Motia said. Avoiding a direct remark about the judiciary, Motia said: "Temple is not spared when fire engulfs a city.'' She said frequent martial law paved the way for wholesale corruption in the administration.

Public Administration Reforms Commission (PARC) Chairman ATM Shamsul Haque said reforms were imperative for freeing the administration from corruption. Dr Kamal Hossain said parliamentary standing committees should be more effective for checking corruption in the administration. BNP lawmaker and former minister M K Anwar said so many watchdogs would not have been necessary if all levels of the administration could work properly as per instructions. "Every level in administration is watchdog for its lower level. There are clear instructions for every level, but nobody follows those properly.'' He said the Bureau of Anti-Corruption and office of the Comptroller and Auditor General should be given independence like that accorded to the Parliament Secretariat. He also called for a revision in the education system to develop moral values.

BNP lawmaker Khalequzzaman termed Parliament the biggest watchdog that works through its committees. He blamed the lack of national consensus for the failure to appoint Ombudsman, a constitutional obligation, 18 years after the act was passed. He said corruption is not limited to individuals, it pervaded the institutions. He stressed the need for a code of ethics and commitment for building a corruption-free society. "There are honest people everywhere who are fighting individually. Let them know that they are not alone," the MP said.

Journalist Enayetullah Khan said watchdog agencies would not work for rooting out corruption unless public administration was reformed. Transparency International-Bangladesh Chairman Syed Humayun Kabir identified political will as the first condition for getting a corruption-free administration. "Why an Ombudsman is not appointed remains a mystery," he said.

NBR Chairman Abdul Muyeed Chowdhury admitted the inherent corruption in the income-tax administration, but also pointed to the large-scale tax evasion by individuals. "I know Income Tax Department is corrupt. But many in the department are honest also," he said. There are people who want to pay taxes but are discouraged by officials. It is also true that there are officers who like to collect tax fairly, he pointed out. He said tax evasion is a cultural problem and there is evasion in customs and VAT. Even a conservative estimate will say that in Dhaka city alone there are 10 lakh taxable individuals, while there are less than 7 lakh people having taxpayer's identification number (TIN).

TI-Bangladesh Trustee Prof Muzaffar Ahmad said a moral resistance should be built up to make a corruption-free society, for which political goodwill, transparent administration and independent judiciary is a must. "As corruption-free society is linked with political will, politics must be free from corruption," he said. High Court lawyer Adilur Rahman Khan pleaded for decentralisation of administration to empower people and check "criminalisation of politics."