Anti Corruption Commission(ACC) in Bangladesh

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Contents 1. Abstract .........................................................................................................................2

2. Introduction ......................................................................................................................3

2.1. Introduction ............................................................................................................3

2.2. Background ............................................................................................................3

3. Literature Review .............................................................................................................5

4. Objectives of the Study ....................................................................................................6

5. Research Questions ..........................................................................................................6

6. Methodology of the Study................................................................................................6

7. The Anti-Corruption Commission (ACC) of Bangladesh................................................7

7.1. Formation of the Commission ...............................................................................7

7.2. Appointment and tenure of the Commissioners .....................................................7

7.3. Aim and objectives .................................................................................................7

7.4. Functions ................................................................................................................7

8. Data Analysis and Findings .............................................................................................8

8.1. Investigating Activity .............................................................................................8

8.2. Corruption Perception Index Scores of Bangladesh ..............................................9

9. Case Study........................................................................................................................9

9.1. Hallmark Scam .......................................................................................................9

9.2. Padma Bridge Scandals ........................................................................................10

10. Discussion ....................................................................................................................10

11. Conclusion ................................................................................................................... 11

12. References ....................................................................................................................12

Table 1: Investigating Activities of ACC .............................................................................8

Figure 1: CPI Score in Bangladesh ......................................................................................9

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1. Abstract

Bangladesh is a developing country with various types of problem. Among these

problems, corruption is the most important. Today‟s world is very much concerned about

it. It also became a burning issue even in our country. Corruption affects our

socio-economic and political development of our country. For this reasons our country

cannot about it to control it Bangladesh government created the Anti-Corruption

Commission (ACC) in 2004 to fight against corruption as an autonomous institution.

Though this institution was created as an autonomous institution, it cannot maintain this

status because of government influence on it. For this reasons this organization cannot

work properly and become fail day by day to fight against corruption. Thus, this study

tries to assess the success or failure of the Anti-Corruption Commission (ACC) to fight

against the corruption of Bangladesh.

To assess this issues the study is divided into six parts. The first part began with the

introductory and background of the study. To assess the present status of the study the

second part tries to review the previous study on the issues. The third parts of this study

discuss about the methodology, objectives and hypothetical question of the study.

Discussing structure and tenure of the commissioner the fourth part includes the aim,

objectives and functions of the commissioner. The fifth part of this study evaluates

different data and cases regarding the hypothetical questions of this study and places an

evolutionary discussion. And in the six part the study testes the concerning the study and

concluding the study with the concluding remarks.

Thus the study steps by steps evaluates the data and cases regarding the success and

failure of the Anti-Corruption Commission to fight against the corruption of our country

and trough the conclusion it fulfils the objectives of this study.

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2. Introduction

2.1. Introduction

Bangladesh earned its independence in 1971 in the wake of a massive political upsurge

for self-determination, democracy, justice and equality of all that culminated into a

bloody liberation war costing 3 million lives. The country has since achieved

commendable progress in terms of several socio-economic indicators. But Corruption is a

major impediment to development and democratic governance. It weakens the key

institutions of the national integrity system, and prevents rule of law. Corruption erodes

public trust in government, and breeds injustice. By distorting the political and economic

structures and weakening the social fabric, corruption can also be a potential source of

insecurity of the state. Corruption is also increasingly linked to violation of human rights

and spread of the culture of impunity. For this reasons the Pakistan government

established the Bureau of Anti-Corruption (BAC) in 1957 as the first formal institution to

fight corruption. From then it had continued its activity for 32 years until 2003. Though it

had continued its activity for long time, it lost its effectiveness gradually and the Bureau

of Anti-Corruption (BAC) was replaced by the Anti-Corruption Commission (ACC) in

2004 and now it has been continuing its activity to tackle the corruption in our country.

For this, the study tries to assess how much it succeeded to tackle corruption.

2.2. Background

The Bureau of Anti-Corruption (BAC) was established in 1957 in what was then East

Pakistan as the first formal institution to fight corruption. Criminalization of corruption

dates back to 1898 (The Code of Criminal Procedure), followed by the more targeted

Prevention of Corruption Act of 1947 and the Anti-Corruption Act of 1958. But neither

the criminalization of corruption nor the efforts of the Bureau were particularly effective,

and corruption in Bangladesh slowly worsened over time, only to explode in the 1990s

and 2000s. The reasons for it are multiple, but are primarily due to a slow but steady

capture of the state by unrestrained and criminal political elites who, in sixteen years

since the return to democracy, managed to gain control over virtually all aspects of public

life, public institutions and the bureaucracy. The Bureau of Anti-Corruption did not

escape this partisan capture and by the early 2000s was deemed to be ineffective and so

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problem ridden that a new institution was put in its place, the Anti-Corruption

Commission (2004).1

On 17 February 2004, the Jatiya Sangsad (Bangladesh Parliament) enacted the

Anti-Corruption Commission Act (ACC Act). It came into effect on 9 May 2004. From its

inception, the bill generated controversy between various political parties and

government officials as they failed to reach a consensus regarding the proper way to form

the organization.2 One of the major concerns involved the application of the Criminal

Law Amendment Act 1958 to the ACC Act. This amendment required the organization to

seek government approval to investigate and prosecute any case, thus limiting the

operational capacity of the future Anti-Corruption Commission (ACC).3 Lawmakers

from all sides voiced their concern over the organization‟s lack of autonomy imposed by

the amendment, arguing that it violated the original intent of dismantling the BAC and

institutionalizing a fully independent Anti-Corruption agency. Responding to this

concern, lawmakers introduced the Criminal Law Amendment Bill 2004 which allowed

the ACC to bypass government approval for prosecuting cases and appointing lawyers.

The bill was quickly passed, allowing politicians and civil society to turn their attention

to the selection committee to determine the leadership of the ACC.

The Anti-Corruption Commission, not surprisingly, has been in the spotlight as the chief

government agency responsible for investigating cases of corruption. New

responsibilities, such as the prosecutorial function, were added to the ACC. Activities

under the previously underdeveloped function of preventing corruption are yet to gain

momentum, but the public awareness and information campaign has already started. New

leadership of the ACC was recruited, demonstrating the government‟s commitment to the

institution and the work the ACC needs to perform. The commitment and political will to

make the ACC a successful, high-quality, professional and independent body do exist.

However, the challenge of the ACC is to overcome the legacy of the BAC and the pre-11

January 2007 ACC. It also has to reconcile its most recent reforms, put in place under the

Special Powers Act that empowers the ACC to operate with lesser regard to due process,

with building a strong agency capable of having real impact on changing the country‟s

1 Institutions of Accountability Anti-Corruption Commission

2 The Daily Star, ‘AL Rejects Anti-Graft Body,’ 20 February 2004

3 The Daily Star, ‘Govt’s Case Withdrawal Power May Be Amended,’ 23 February 2004

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pro-corruption environment.

3. Literature Review No single study is found on the study of „Is the Anti-Corruption Commission (ACC)

succeeded to control the corruption in Bangladesh?‟. However, one study was conducted

by Shadhan Kumar Das(November 2013) on the “Anti-Corruption Commission of

Bangladesh: Diagnosis of a Fading Hope”. This study analyses design and performance

of anti-corruption agencies – Bureau of Anti-Corruption (BAC) and Anti-Corruption

Commission (ACC) of Bangladesh – under two different political regimes (democratic

and authoritarian) and deep-rooted causes of their performance. It begins from the hopes

of an effective and independent ACC that were created mainly by civil society and

international development partners. However, the study finds the faded hope emanated by

bad performance, and tries to understand it through assessing expectations, powers,

safeguards, focus, resources, results and value-addition of anti-corruption agencies and

highlighting complementary conditions and institutions regarding political space,

leadership qualities, key NIS institution, social organization, civil society and markets.

Alifaluddin in 2012 conducted a study on “Anti-Corruption Commission in Bangladesh

to Combat Corruption”. He analyzed the performance of Anti-Corruption Commission

(ACC) to combat the corruption from Bangladesh.

M. Abdul Latif Mondal in 2009 again conducted a study on “What impedes effectiveness

of Anti-Corruption Commission?”. He analyzed in this study how government impedes

the effectiveness of Anti-Corruption Commission of Bangladesh.

Alan Doig, David Watt & Robert Williams(2005) conducted a research on “Measuring

„success‟ in five African Anti-Corruption Commissions” in which they tried to measure

the success of Anti-Corruption Commission(ACC) in five African countries (Ghana,

Malawi, Tanzania, Uganda & Zambia).

John R. Heilbrunn (2004) also conducted a study on “Anti-Corruption Commissions:

Panacea or Real Medicine to Fight Corruption?” He succinctly analysed the functions of

Singapore and Hongkong‟s Anti-Corruption Commission and observes that they have less

success to fight against corruption of the respective countries. He also found that the

commission of these countries was influenced by the government. Thus the commission

could not succeed to control corruption properly.

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4. Objectives of the Study The aim of this study to assess the fact that is Anti-Corruption Commission (ACC)

succeeded to fight the corruption of Bangladesh? In this regard, this study also tries to

explore the aim and function of the Anti-Corruption Commission (ACC) of Bangladesh.

In order to achieve this aim, this study also tries to explain the different activities were

performed by the Anti-Corruption Commission to fight the corruption of Bangladesh in

different times. Focusing on the activity of the Anti-Corruption Commission (ACC)

between 2001 and 2011, this study tries find out the actual result of the study.

5. Research Questions The main research questions of this study are in the following.

What is the aim of the Anti-Corruption Commission (ACC)?

What is the function of the Anti-Corruption Commission (ACC)?

Have the Anti-Corruption Commission (ACC) influenced by the government of

Bangladesh?

Is the Anti-Corruption Commission (ACC) succeeded to fight the corruption of

Bangladesh?

How much the Anti-Corruption Commission (ACC) is succeeded to fight the

corruption in Bangladesh?

6. Methodology of the Study

This is a qualitative study and the nature of the research is analytical, focusing on

qualitative data gathered mainly from the websites of ACC, because they are relevant,

reliable and authentic source of information to achieve the objective of this research. The

data were cross checked by secondary sources.

The study will be desk-based through the use of secondary data. Data sources include

analysis of newspaper reports, books, journals, articles, e-mails and different websites

and two case studies on Hallmark Scam and Padma Bridge Scandal respectively. Data

and information have been processed, analysed and presented in the text form with a view

to addressing the research questions of the study.

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7. The Anti-Corruption Commission (ACC) of Bangladesh

7.1. Formation of the Commission

(1) The commission shall consist of three commissioners and the President shall appoint a

chairman from among them.

(2) No action or proceeding of the commission shall be deemed illegal on the grounds of

a vacancy in the position of any commissioner or any defect in constituting the

commission nor shall this be questioned in a court of law.

7.2. Appointment and tenure of the Commissioners

(1) The commissioners shall be appointed by the President on the recommendation of the

Selection Committee constituted under section 7.

(2) The commissioners shall serve full time.

(3) Subject to the provisions of section 10, the commissioners shall hold office for a

period of four years from the date of their appointment.

(4) The Commissioners shall not be eligible for re-appointment after the expiry of their

tenure

7.3. Aim and objectives

To raise a well based anti-corruption culture which will be spread in the society. The aim

is to fight against, to control and to prevent the corruption.

7.4. Functions

To enquire into and conduct investigation of offences mentioned in the schedule

To file cases on the basis of enquiry or investigation and conduct cases

To hold enquiry into allegations of corruption on its own motion or on the application

of aggrieved person or any person on his behalf

To perform any function assigned to Commission by any Act in respect of corruption

To review any recognized provisions of any law for prevention of corruption and

submit recommendation to the President for their effective implementation

To undertake research, prepare plan for prevention of corruption and submit to the

President, recommendation for action based on the result of such research

To raise awareness and create feeling of honesty and integrity among people with a

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view to preventing corruption

To organize seminar, symposium, workshop etc. on the subjects falling within the

functions and duties of the Commission

To identify various causes of corruption in the context of socio-economic conditions

of Bangladesh and make recommendation to the President for taking necessary steps

To determine the procedure of enquiry, investigation, filing of cases and also the

procedure of according sanction of the Commission for filing case against corruption

and

To perform any other duty as may be considered necessary for prevention of

corruption.

8. Data Analysis and Findings

8.1. Investigating Activity

In the investigating activities Anti-Corruption Commission (ACC) is not so much

successful. It has also failed to complete its core activities to investigate the case

complained by different people. The investing activities of the commission are given in

the following table.

Table 1: Investigating Activities of ACC

Year Total Complaint Completed

Investigation

Filed Complain

2011 1419 405 1014

2012 9291 1247 7965

Source: www.acc.org.bd

From the above table it is seen that, in 2011; 1419 complaints were taken by the

commission but the commission fulfilled only 405 investigations and rest of the

complaints were filed for the next year without any investigation. Likewise in 2012, with

the previous year‟s complaints; 9291 complaints were taken for the investigation but

ACC fulfilled only 1247 complaints and rest of 7965 complaints were filed for the next

year. Thus the ACC, every year, failed to complete its activities properly.

http://www.acc.org.bd/

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8.2. Corruption Perception Index Scores of Bangladesh

Bangladesh is a developing country; it has faced greatly by corruption. Though the

Bureau of Anti-Corruption Commission (BAC) was replaced by Anti-Corruption

Commission (ACC), it could not better than the previous commission to fight against the

corruption of Bangladesh. If we analysed the Bangladesh‟s score in Corruption

Perception Index, we will see the true scenery. Bangladesh‟s condition in Corruption

Perception Index is in the following chart.

Figure 2: CPI Score in Bangladesh

0

0.5

1

1.5

2

2.5

3

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

Source: www.transparency.org

From the above chart we can see that the Bangladesh‟s score in CPI was gradually

increased but it was very much insignificant. Before replacing the ACC by BAC, the

score‟s increasing rate was slow but after the inception of ACC it became slower than the

previous one. So it could not better than the previous one.

9. Case Study Besides the above data analyses we can evaluate some cases to understand the success of

the Anti-Corruption Commission (ACC). Some cases are in the following.

9.1. Hallmark Scam

Hallmark managing director Tanvir was a petty grocer who committed the biggest fraud

in the history of country‟s banking sector with the help of some bank officials in

2009-2011 through fake back to back letters of credit. The ACC on Monday submitted

charge sheets in 11 cases against 25 people over the hallmark Sonali Bank scam, the

country‟s biggest ever banking fraud, to a magistrate court in Dhaka. A seven member

http://www.transparency.org/

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investigation of the commission submitted the long awaited charges 20 days after its

approval. The commission on September 16 approved the 11 charges sheets against the

25 people for embezzlement of Tk. 1568.39 crore out of about 2686 crore embezzled

from the Sonali Bank‟s Ruposhi Bangla Hotel Branch.4 But the ACC was delay to

investigate this issue.

9.2. Padma Bridge Scandals

The panel considers that after receiving the additional information provided by the World

Bank, the ACC acted correctly in issuing a first information report against seven of the

eight individuals allegedly involved in the criminal conspiracy. However, the panel

maintain that there were no legal reasons to exclude the name of the former minister of

communication from the initial list of persons under investigations. The report presents

details analyses of the evidence and the opinion of the panel on the ACC action. The

panel would not be able to make a final assessment as to whether the investigation was

“Full and fair” until the full investigation of this matter.5 But the ACC denying the World

Bank order exclude the then communication minister from the initial report of the Padma

Bridge Scandal.

10. Discussion From the above discussion, it is seemingly clear that the Anti-Corruption Commission is

failed to control the corruption of Bangladesh. Bangladesh is going through the

tremendous corruption but there is no committed authority to fight the corruption. We all

know that the Anti-Corruption Commission (ACC) is responsible to hold the

anti-corruption activities but nothing like these have been propelled. There are many

scandal occurred in Bangladesh but go without investigation. There are many complains

received to the Anti-Corruption Commission (ACC) about the corruption done by the

public and private officials but the concerned authority does not take the sufficient

measures to handle them. Moreover there is blame about the Anti-Corruption

Commission (ACC) that it is handled by the ruling party in every term. This organisation

itself cannot avoid this blame. Whenever, this organisation is biased how it would be able

4 The Daily New Age; 08 October, 2013 5 Final Report of the External Panel of Experts, 20 February, 2012

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to control the corruption of Bangladesh. The chairman of this Commission is also

deployed politically which impede on the way of transparency of this commission.

Though the commission is seemed to be autonomous, it cannot work on its own will.

Different political parties interfere the activities of this commission. So it can obviously

be said that the Anti-Corruption Commission is not so much succeed to fight the

corruption of Bangladesh.

11. Conclusion In fine it can be said that though the Anti-Corruption Commission (ACC) was created to

reduce the corruption from Bangladesh and make Bangladesh a corruption free country, it

could not fulfil its aim and objectives properly. Most of the times, the Anti-Corruption

Commission (ACC) started its investigating activity in right way but ended with faulty.

The Anti-Corruption Commission (ACC) cannot avoid the influence of others and our

government, sometimes, tries to influence it. Besides it has some structural lacking and

lack of personnel. All the personnel of this institution are recruited by the government.

Thus being an autonomous institution the Anti-Corruption Commission (ACC) cannot

perform its functions properly. For this reasons someone called it “Toothless Tiger”. So,

we can take this decision that the Anti-Corruption Commission (ACC) of Bangladesh is

not succeeded to fight the corruption of our country.

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12. References

1. Shadhan Kumar Das; Anti-Corruption Commission of Bangladesh: Diagnosis of a

Fading Hope; The Hague, Netherlands; November, 2013.

2. John R. Heilbrunn; Anti-Corruption Commissions: Panacea or Real Medicine to Fight

Corruption? World Bank Institution; 2004

3. Anti-corruption Commission Act, 2004

4. Manzoor Hasan; Institutions of Accountability: Anti-Corruption Commission; BRAC

University; 2007

5. Iftekharuzzaman; Corruption and Anti-corruption in Bangladesh: Primacy of the

Political; 2011

6. Mohammad Ehsan; When Implementation Fails: The Case of Anti-Corruption

Commission (ACC) and Corruption Control In Bangladesh; Asian Affairs, Vol. 28, No. 3,

40-63, July - September 2006

7. Golam Shahriar Chowdhury; Country Report: Bangladesh

8. Final Report of the External Panel of Experts, 20 February, 2012

9. www.transparency.org

10. www.acc.org.bd

11. The Daily Star

http://www.transparency.org/

http://www.acc.org.bd/

Anti Corruption Commission(ACC) in Bangladesh

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