Anti-graft hope hinges on JS
Parliamentarians, civil society warn against changes to ACC law without proper consultation
Emran Hossain
Amendments without having the opinion of the experts and stakeholders will weaken the Anti-Corruption Commission law, parliamentarians and civil society members said.
They made the observations after the government last week placed a bill in parliament proposing some changes to the ACC law.
The government, which enjoys two-thirds majority in parliament, is expected to pass the amendments unopposed, while ACC Chairman Ghulam Rahman is still in the dark about the proposed changes.
The bill, tabled on Monday, is now awaiting scrutiny at the parliamentary standing committee on law, justice and parliamentary affairs ministry.
“Abrupt amendments without proper consultation with the experts and the people likely to be affected by the law will make the law worse instead of strengthening it,” said noted jurist Dr Kamal Hossain.
Dr Kamal, who was a member of parliament in 1972-75, explained that one of the most important aspects of making an effective legislation is to review public opinion and talk to people who know about the issue well.
“Otherwise, more will be lost than gained,” he added.
Akbar Ali Khan, former adviser to caretaker government, said, “The effort to amend the law is unnecessary and it is the politicians' overreaction to the activities of the last caretaker government.”
He said had parliament wished to gauge public opinion or discuss the matter, it would have organised a public hearing on it before sending it for scrutiny.
Workers Party President and lawmaker Rashed Khan Menon said the amendment proposals were wrong, particularly the provision of mandatory prior permission before bringing corruption charges against public servants.
“Elected representatives and government officials are the main people involved in administrative and political corruption. Limiting the ACC's power to move against them would render the commission ineffective,” said Menon.
Underlining the necessity of discussion in parliament, Awami League presidium member Abdur Razzak said this is why the presence of the opposition is necessary in parliament.
He, however, gave reasons for the provision requiring permission to file cases against public servants. “Public servants deal with many secret matters of the state. Filing graft cases against them might put those at risk.”
Former law minister and BNP lawmaker Moudud Ahmed has no sympathy for the ACC, which he said, was used as an agent of the last caretaker government.
“It is a one-party parliament as we are not attending. Now it is up to the government to decide over the ACC's fate,” added the senior BNP leader who stands accused in a corruption case filed during the last caretaker government rule in September 2007.
BNP Senior Joint Secretary General Mirza Fakhrul Islam Alamgir expressed concern over the proposed amendments.
“The government is encouraging corruption. The amendment is nothing but a bid to avoid punishment in future for the corruption they are now involved in,” he said.
The opposition will protest the amendment inside and outside parliament, he added without saying when they are going to join parliament.
Suranjit Sengupta, chief of the parliamentary standing committee on law, justice and parliamentary affairs ministry, could not be reached for comments as he was not in the country.
Former law minister Abdul Matin Khasru, a member of the committee, said, “It is premature to make comments when the matter is not yet examined. Neither has it been placed before the standing committee for discussion.
“Criticism helps us move in the right direction and points out our mistakes. Our purpose is to eliminate corruption by formulating an appropriate law. We will rectify mistakes, if found.”
Regarding the mandatory prior permission, standing committee member Fazle Rabbi Mia said, “Any bill can be tabled. The committee would decide after discussion what its fate would be.”
He also mentioned that the committee should talk to all stakeholders before making any decision over the amendments.
Meanwhile, Transparency International has sent a “policy brief” to the standing committee with an 18-point demand and opinions of the ACC chairman, former caretaker government advisers, civil society members and legal experts.
Earlier in October 2009, the anti-graft body expressed strong reservations about six amendments proposed that year. It even met Law Minister Shafique Ahmed asking him to consider their observations before amending the law.
The proposed changes provoked an outcry among civil society members and anti-corruption stakeholders.
The government maintains that it is committed to making the law stronger and pro-people. But in reality, it has included all the amendments that the experts said would compromise the independence and effectiveness of the commission.
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