TRANSPARENCY INTERNATIONAL BANGLADESH CHAPTER

THE COALITION AGAINST CORRUPTION IN INTERNATIONAL BUSINESS TRANSACTIONS

Workshop on Conscientization of the Civil Society and the Transparency International Chapters in Strategic Planning within the Context of Strengthening Integrity

Date : July 14-15, 1998

Venue : Bangladesh Institute of Administration and Management (BIAM), 66 New Eskaton, Dhaka, Bangladesh

Inaugural Session

Date: July 14, 1998

Venue : BIAM, Eskaton, Dhaka

The workshop on 'Conscientization of the Civil Society and the Transparency International (TI) Chapters in Strategic Planning within the context of Strengthening Integrity', was organised by Transparency International - Bangladesh (TI-B). The objective was to initiate an interaction between civil society members, media persons, parliamentarians and other TI chapter representatives, which will lead to the creation of a framework for combating corruption in Bangladesh.

In his welcome address, Mr. Syed Humayun Kabir, Chairman of TI-B Board of Trustees, expressed a hope that interaction between these groups and inputs from them will help in devising a strategic anti-corruption framework. Mr. Tawfique Nawaz, a board member of TI-B, traced the beginning of TI-B and pointed to the flaws in the criminal justice system, business, legislative and other sectors, which lead to corruption in Bangladesh. He also described the various activities of TI-B.

Representative from TI chapters of other countries focussed on the hurdles they have faced and the activities of their chapters. TI-India shared their innovative steps and ideas in citizens education, reforming judiciary and ensuring transparency of the parliament through appointment of federal ombudsman, auditing of political parties accounts, electoral reforms etc. TI-Malaysia shared their ideas of integrity audit of various public sector bodies and launching of a national anti-corruption campaign. TI-Nepal described its actions in reforming the national election system. TI-South Africa detailed its experience in coalition building, civic/voter education, lobbying and focusing on the victims perception of corruption and innovative interventions on their behalf. TI-Sri Lanka focussed on its working with NGO coalition.

Ms. Margit van Ham representing TI head quarter (Berlin) pointed out that TI and its chapters have come a long way and have managed to put corruption as an issue on the national and international agenda. She hoped that this workshop will provide an opportunity to TI-B and other TI chapter for interacting with the civil society actors in Bangladesh and learn from them.

Session 1

Date: July 14, 1998

Venue: BIAM, Eskaton, Dhaka

The Role of Civil Society in Counter-Corruption Strategy

Moderators: Prof. Anisuzzaman, Prof. Muzaffer Ahmad

The discussion in this session centered around networking. The participants focussed on the following issues: (a) how an effective coalition could be built to fight corruption at institutional, local and national level, (b) ways to raise awareness and mobilize people at the grassroots level, (c) how existing resources, mechanisms institutions can be used as tools for combating corruption, and (d) what TI-B can do along with other Civil Society actors in these areas.

The participants pointed out that in order to devise a strategy to fight corruption the first step would be to identify and understand the "nature" (petty, systemic, or grand) and dynamics (local, national, global) of corruption. The second step for the society actors is to focus on public perception of corruption. Dissemination of information and awareness raising about citizen's rights and about the dynamics and the cost of corruption, and ways to counter corruption were important factors in mobilizing citizens against corruption. Coalition building was stressed by all the participants. Connecting with and providing support to local level institutions, grassroots organisations, local anti-corruption committees consumer associations and Bar Councils, NGOs, etc was emphasized as the most important step. It was pointed out that coalition building would lead to an exchange of information (through dialogues, seminars etc), an exchange of expertise, and the creation of an effective network that would provide support to fight corruption throughout the country. The creation of "confederation of people" and 'islands of integrity' were stressed by all.

The participants urged that the civil society should focus on the existing resources and devise ways to close down the "Windows of Opportunity" 'for corruption in the system. For doing this focus of the Civil Society can be on the following areas: (a) developing mechanisms to monitor public institutions, specially devising report cards and a grading system for institutions and persons in high offices in teaching, law, judiciary, accounting, medicine and other professions (b) identifying gaps in the law, strict enforcement of the law and mobilizing public opinion to reform legal and judicial process, (c) creating a pressure to reform the civil service, down sizing the government and simplification of rules and regulations, (d) persuading the political parties to follow a "modus Operandi" and to submit statements of assets and liabilities of the political parties, MPs and ministers and other public representative etc. The participants also mentioned public interest litigation, local level surveys on corruption, identifying "beneficiaries" of corruption and exposing them, social boycott of the offenders as tools for fighting corruption.

The participants cautioned that corruption was also present among the civil society actors and that civil society is only one of the actors and should not be booked upon as the panacea for ending corruption in Bangladesh. Some stressed that the issue that needs to be analyzed is why the civil society which has been effective and vocal in achieving political demands in 1969 and 1990 has not been very vocal about the problems inflicted on everybody by the wide spread corruption in such civil sectors as electricity, telephone, gas, water, education etc. The participants also drew attention to the need for accountability in the NGO sector and in ensuring transparency in the donor funding process.

Recommendations for TI-B :

Specific recommendations were made by the participants on what TI-B should and can do in working with other civil society actors. The participants pointed out that TI-B will not be able to take up all the issues in combating corruption. TI-B needs to assess its capacity and devise a strategy on how it will collaborate with other civil society organizations and the modalities for organising the grassroots people/institutions. It was suggested that TI-B should prioritize and select areas of focus and concentrate on identifying stakeholders and beneficiaries of corruption. The NGO representatives pointed out that TI-B can use the existing NGO network for awareness raising, civic education and mobilizing people at the grassroots level. Many suggested that TI-B should join hands with existing local groups organise wherever necessary, local anti-corruption committees and local consumer associations etc, with such bodies Bar council and "persons of integrity" TI-B can build up an effective coalition for exchanging information, pressurising government institutions to take steps against corruption and for monitoring these institutions.

Suggestions were made that TI-B can serve as a forum to voice people's complaints and experiences of corruption. It was pointed out that TI-B can act as an effective pressure group (esp. lending weight to local issues) and suggest policy alternatives.

TI-B study on corruption was pointed was a first step which can be repeated and it was suggested that TI-B many focus on providing service to the victims. Participants also pointed out that TI-B should also focus its research on why anti-corruption bodies are not effective and why the elected representative are not combating corruption effectively.

Session 2

Date: July 14, 1998

Venue: BIAM. Eskaton. Dhaka.

The Role of Parliament in Increasing Transparency and Accountability

Moderators: Mr. Suranjit Sen Gupta MP, Mr. M.K. Anwar MP

Facilitator: Mr. Stiaan Van Der Merwe

The issues raised in this session fell under two broad categories: (a) ensuring transparency and accountability of the parliament itself, and (b) the role of the parliament in ensuring transparency and accountability of other government and civic bodies. The following sub-themes were discussed under these two categories: (1) Institutional transparency of the parliament (rules, composition of standing committees etc), (2) Accountability and transparency of the MPs (financial audit etc.) (3) Accountability and transparency of political parties both internally and in interaction with one another, (4) Role of the constituents, and the civil society in participating in making the parliament transparent.

The MPs pointed out that though the parliament is the highest seat of elected representative there were institutional weaknesses that impede its functions and sometimes make it non-transparent. The lack of appropriate logistics and support (staff for MPs etc), non-existence of parliamentary culture and absence of training on parliamentary procedures and non-cooperation between the political parties were identified as major obstacles to the effective functioning of the parliamentarians who voiced complaints about the composition, operational procedure and the lack of authority of the parliamentary standing committees, lack of appropriate and balanced TV/radio broadcasting of parliamentary proceedings, excessive control of the bureaucracy on the ministerial function, biased role of the speaker and impotency of local government bodies.

Parliamentary standing committees were the main focus of debate among the MPs. The MPs suggested that the following were lacking in the composition and operational procedures of these standing committees that make them ineffective: (a) standing committees are not composed according to the proportional representation in the parliament, (b) the ministers are not required to disclose the recommendations of the committees, (c) the report of the committees on issues of national importance may not be on the agenda for discussion in the parliament, (d) the decisions taken by the standing committee are not binding, (e) the standing committees lack visibility in the media though the main functions of the committees are to inform and expose important issues to the public. The parliamentarians also agreed that "playing to the gallery" and absence of proper Election Commission (EC) staff were making election of MPs and the proceeding of the parliament non-transparent.

The non-MP participants brought up other topics related to the functions of the parliament that were not raised by the MPs. The non-parliamentarian's focus was on the "culture of corruption" that was making the current political system non-transparent. The issues raised were: (a) nomination procedure of party candidates for election, (b) election expenditure of the MPs, (c) absence of audit and statement of assets and liabilities of the MPs to the EC, (d) absence of statement of assets and liabilities of the ministers and audit of the political parties, (e) lack of debate on corruption in the parliament, (f) lack of ready availability of parliamentary proceedings.

The non-MP discussants also pointed out that there were no perjury laws for the MPs who "indulge" in playing to the gallery. They also raised questions as to why standing committees did not perform as watchdogs or why there were no ombudsman though the constitution of Bangladesh has provisions for that many also stressed that there were no provisions for introducing citizens bills, or public access to information about the proceedings of the parliament. Participants also pointed out that MPs were "excessively loyal" to party politics and the undemocratic situation within the parties did not let the MPs act as conscientious citizens.

Recommendations:

Specific recommendations were made on how to improve the transparency of the parliament. The parliamentarians suggested that standing committees should be composed according to the proportional representation in the parliament. Some MP's pointed out that MPs from the opposition should be allowed to chair some of the standing committees. Others suggested that the ministers should be present at meetings and should be bound to disclose the committee recommendations to the parliament and the press. MPs also pointed out that standing committees should have high visibility in the media and in the house. It was also suggested that strong links with the civil society should be created through the committee system.

Aside from standing committees, some MPs suggested that the deputy speaker can be chosen from the opposition party. Some also suggested that EC should have its own permanent staff. MPs also pointed out that sometimes the opposition should be allowed to set the agenda for discussion and that national issues should be discussed even if the party in power opposes it. Moreover, MPs wanted a proper library and support staff.

The non-MP participants suggested that provisions should be made for deformation cases for those MPs who play to the gallery and that perjury law should be passed. They also pointed out parliamentary proceedings should be made accessible to the public. The non-MP participants also suggested that the people and the media should have access to documents and proceedings to standing committees. Moreover, they wanted it to be mandatory that all the MPs submit statements of assets and liabilities to the EC and that all the ministers do the same before they enter and leave office. It was also suggested that the political parties accounts should be audited. These reports should be made available for public consumption. However, someone cautioned that these steps may backfire and the situation may turn out to be "setting a thief to catch a thief".

The non-MP participants also pointed out that MPs should be available for question -answer sessions. They also asked whether pressure groups and concerned citizens group can be formed in the constituencies to monitor the activities of the MPs. However, this question was not properly answered in the discussion. It was also suggested that an ombudsman should be appointed and that provisions for citizens bills should be made.

TI-B should work to make it a requirement to audit accounts of political parties so that influence of black money and muscle power can be... to require elected officials disclose assets and liabilities and subject them to public scrutiny, to reform electoral laws in order to make it possible to recall or disqualify corrupt elected officials such persons as loan defaulters.

Session 3

Date: July 15, 1998

Venue: BIAM, Eskaton, Dhaka.

The Role of the Watchdog Agencies and Media in Strengthening Integrity

Moderators: Mr. Mahfuz Anam, Dr. Ferdous Azim

Facilitator: Mr. Stiaan van der Merwe

In this session the discussion centered on the following three areas: (a) the type of regulatory framework and the watchdog agencies and organisations that are internal to the government and outside the government, (b) how effective are these agencies and organisations, (c) how these organisations can be strengthened and what TI-B can do to build a network with these organisations. The discussion also focussed on ensuring transparency of the watchdog agencies themselves, and awareness raising since these are closely linked with the effectiveness of watchdog agencies.

The participants identified that the watchdog agencies internal to the government are: (a) anti-corruption committees, (b) parliamentary standing committees, (c) auditor generals office. Various civil society organisations, NGOs sometimes play the role of watchdogs outside the government . The media also on some issues have effectively worked as watchdogs.

However, the participants pointed out that functions and accessibility record of these watchdog agencies (esp. those internal to the government)) were very poor. The media's role as watchdog has been hindered because of inter linkages and ownership issues. It was also stated that in Bangladesh "watchdogging" is a new concept and that various regulatory bodies have been functioning as watchdogs, in a conventional manner.

It was pointed out that the internal watchdog agencies were ineffective because they were controlled by vested internal groups, the laws were selectively applied, and follow up actions were not taken. Moreover, no evaluation of these internal watchdog agencies are done. The malfunction of these internal watchdog agencies are compounded by the facts that citizen's are not aware of their rights and they lack information about the bureaucratic procedures, rules and regulations which are very complex.

The participants suggested that various steps can be taken by TI-B and other organisations to strengthen and evaluate the role of watchdog agencies. It was unanimously agreed that existing laws were reasonably enough to fight corruption but what mattered was the application of these laws. The focus in this regard should be on the following three areas:

1. evaluation and reform of the current criminal justice system,
2. citizen's knowledge about their rights and simplification of bureaucratic procedure,
3. Devising a mechanism to watch over the watchdog agencies. The push factor in these areas could be media, concerned people's group, civil society organisation and regular follow up action by these groups.

Media campaign was highlighted since people can put pressure through the media. Moreover, it was suggested that client charter should be enacted and right to information should be regarded as a basic right of the citizens. Some participants stressed representation of the people and civil society in the regulatory bodies. Some also pointed out that NGO could effectively participate in awareness raising programs, provided they are transparent and accountable themselves

Recommendations for TI-B:

Specific recommendations were made for TI-B. It was suggested that TI-B could work as a coordination body for various human rights watchdog groups. Participants also pointed out that the first step for TI-B would be to conduct a study of how the internal watchdog agencies and the criminal justice system operates. Some suggested that to combat petty corruption in the public sector TI-B can pressure the government to provide easy to understand information sheets and booklets about procedures, rules, regulations and costs of services to the citizens. Some also wanted TI-B to act as a center for lodging complaints which TI-B can either publish or notify the concerned bodies as Amnesty International does.

The overwhelming demand was that TI-B should create a monitoring mechanism by identifying specific institutions and carrying out public perception surveys and repeating these surveys so that the citizens know what to expect and the officers would then fear follow up action. The TI-B corruption survey was appreciated as a flag mark event, however, the participants expressed that TI-B should be more action oriented. Many wanted TI-B to network with human rights organisation and focus on corruption victims to raise awareness and to organise them.

It was also pointed out that TI-B could work with the new economic regulatory bodies (SEC, Fair Trading Commission, privatisation commission etc.) which are being formed and influence their work patterns.

However, the participants cautioned that TI-B should not be policing over institutions or finger pointing at individuals. They pointed out that TI-B will have to work with these institutions, identifying the problems and asking them what course of action should be taken and try to get these institutions to work and to reform.

Session 4

Date: July 15, 1998

Venue: BIAM, Eskaton, Dhaka

The Development of a Regional and International Network: The Role of TI Chapters

Moderator: Ms. Margit van Ham,

Facilitator: Mr. Stiaan van der Merwe

The discussion in this session mainly focussed on the advantages of international networking and regional cooperation in South Asia. The questions fielded by the moderator were the following: (1) are there any advantage of international networking (2) what tasks do TI-B perceive in international networking ? what does it expect from other chapters and how does TI-B plan to contribute? (3) What does TI-B plan to do in a regional network?

However, before these questions were put forward a brief description of TI objectives and international activities were presented. Some participants drew attention to TI's relationship with the international donor agencies and whether TI would be able to take any effective steps to prevent "donor-aided" corruption. Others also asked questions about TI's role in DCs regarding international business corruption.

The representative of various TI chapters pointed out that international networking has helped the chapters to exchange information about counter corruption strategies. This has helped many chapters in devising strategies who have the same socio-political, economic and legal conditions. International networking also helped the chapters to exchange information on how corruption gets rooted in various socio-political system which is vital for devising regional or country specific strategies. It was also pointed out by the TI chapters' representatives that as different chapters were at different stages of growth networking has helped to make this growing process a learning process for all the chapters.

The participants also stated that in combating corruption at one point the country chapters will have to "take on the big guys" which means it will need powerful regional and international partners for support. International networking has also helped the chapters to "borrow new ideas" from other chapters. Moreover, international connections added leverage to TI chapter activities in some countries (i.e. Malaysia).

As for developing a regional cooperation and anti-corruption strategy plan the opinion among the TI chapters representatives was divided. TI-B wanted a regional cooperation and anti-corruption strategy to be formulated after all the South Asian chapters have been formed. Some representatives cautioned that country chapters should not over extend themselves. In planning a regional anti-corruption plan they should keep in mind the socio-political scenario and civil-military nexus and devise their plans accordingly.

However, TI (India) suggested that a regional cooperation plan should begin right now inspite of the differences of development among South Asian chapters. TI (Sri Lanka) pointed out that since all South Asian countries are experiencing new economic developments (stock markets, privatisation etc.) that the chapters can cooperate with each other in sharing information, experiences and in devising ways to combat corruption in this area.

The need for a regional Source book on corruption was stressed by most of the chapter representatives. TI-B pointed out that it wanted to network with other non TI agencies fighting corruption in South Asian region.

TI (India) wanted immediate launching of a regional secretariat to coincide with the conference. TI-B offered its services for the first year after which the secretariat would rotate. TI-Nepal seconded this proposal. The session concluded with all other chapters endorsing this proposal.

Session 5

Date: July 15, 1998

Venue: BIAM, Eskaton, Dhaka

Draft of a Strategic Plan

Moderators: Mr. Pierre Landell-Mills, Mr. Syed Humayun Kabir

Facilitator: Dr. Muzaffer Ahmad, Mr. Stiaan van der Merwe

The last session was on drafting of a strategic plan for TI-B based on the discussions of previous sessions with the civil society members, media persons and parliamentarians. Mr. Stiaan van der Merwe, the representative from TI (South Africa) presented a framework for strategic planning and subsequent discussion was on how TI-B objectives and goals could be slotted in this framework and what were the immediate steps that TI-B should focus on.

The action plan presented by Mr. Stiaan van der Merwe is presented here:

Strategic Planning

1. What? (How does one address the problem)
2. Why? (How this is being done)
   1. Style of Management
   2. Secretariat - (setting parameters of guidance)
   3. Board of Trustees (Policy and decision makers)
   4. Membership (Contribution / assistance)
   5. Partners - external institutions / networking
   6. Funding and Budget
3. How? this has several elements:
   1. Preprocess (Consultation / mandate)
   2. Definition (Vision / Mission)
   3. Looking out (threats / pportunities
   4. Looking in (strengths / weaknesses)
   5. Looking ahead
4. Activities fall under the following broad categories
   1. Networking and coalition building
   2. Public awareness raising
   3. Victim / Citizen's support
   4. Research and Monitoring
   5. Lobbying and Advocacy
   6. Capacity and organisation building

The other parts that should be focussed upon are

1. Which / Where
2. Prioritization
3. Time frame - a) now, b) little later, c) later, d) never

Based on this the participants discussed the weaknesses and strengths of TI-B. It was pointed out that TI-B ideas paper has underplayed victim's support. Moreover, the focus on making people aware about their rights, on citizen's charter, codes of ethics and honor have not been given due cognition. Also lobbying and advocacy activities of TI-B (i.e. for appointment of ombudsman) have not been strong. TI-B has also overlooked capacity building activities.

The participants also debated on the TI-B's current vision and mission statement. It was pointed out that the vision and mission statements should be clear, simple and have a positive view. Some wanted to use the word ''Curb'' instead of "eradicate" in the vision statement. Also some thought fighting corruption "everywhere" implicates everyone.

The focus of the discussion was on how the ideas paper could be "slotted in" the strategic plan. It was pointed out that since the ideas paper was a brainstorming paper, many issues needed to be clarified and if the flow chart was reshuffled it would fit into the strategic plan categories.

The participants stresses on TI-B capacity and organisation building. They pointed out that the ideas paper presented a smorgasbord of ideas, however, these ideas needed to be prioritized and sequenced and weighed against TI-B's capacity, organisational network and financial strength.

Some proposals in the ideas paper such as the creation of a corruption almanac were identified as over burdening. It was also pointed out that TI-B should rank its activities against a time frame, i.e. long term, short term categories.

TI-B representatives wanted to focus on the following:

(a) banking sector, (b) energy sector, (c) citizen's service, (d) criminal justice system.

However, other TI chapter representatives raised the question whether TI-B had the organizational and financial capacity to focus on these. They also pointed out that TI-B should focus on working with "concerned citizen's groups" and NGOs and focus more on coalition and networking for fighting corruption in these sectors.

However, TI-B representatives pointed out that the role of NGOs as watchdogs has been overemphasized. The NGOs may not be very willing to cooperate. TI representatives from other chapters suggested that TI-B should focus on immediate achievable targets which are:

(1) Working in collaboration with concerned citizen's groups, (2) Promote the appointment of an ombudsman (3) Lobby for the repeat of Official Secrets Act and for an act permitting public access to information, (4) Build public opinion for formulating rules for fund raising of political parties and make it mandatory for ministers, MPs to submit statements of their assets and liabilities before taking and leaving office, (5) Persuade relevant bodies to engage in public interest litigation, (6) Network with other TI chapters.

Specific questions were asked about what TI-B intended to do with the proposed survey of criminal-justice system. TI-B members pointed out that this survey will be repeated for two years and the findings will be presented to the Home Minister and the political parties will be asked to act on it.

The other TI chapter representatives pointed out that TI-B has achieved credibility and visibility through its corruption survey. TI-B has achieved the initial push - now it should build on its strengths. The corruption survey needs to be repeated and report card in specific sectors and constituencies to be instituted with the help of Concerned Citizens' Committees and support to victims could be extended through Advice and Information Centres. It is important to keep up the momentum that has been achieved.

Rapporteur for the whole Workshop : Sohela Nazneen