Role of civil servants in combating corruption 03 april 2018

Combating Corruption
in Bangladesh:
Role of Civil Servants
The lecture note is prepared for the Foundation Course
Of BCS Foreign Cadre officials
By
Dr. Md. Shamsul Arefin
Secretary
Anti Corruption Commission, Bangladesh.
May 6, 2018 Dr. Md. Shamsul Arefin 1

Historical Development
• Bureau of Anti- Corruption was formed in 1943 under
Anti-Corruption Act 1957.
• Since its inception in 1943 until 1983 the organization
functioned as a branch of the Police
• In 1983 a separate employment charter was provided to
the Bureau curtailing its dependency on the police for
manpower.
• The Anti Corruption Commission (ACC) Bangladesh was
created under section 3 of Anti Corruption Commission
Act, 2004. The first set of office bearers were appointed
on 21 November 2004.

Mission of ACC Bangladesh
• To combat, control and prevent corruption.
• To control corruption by identifying areas
of vulnerabilities for prosecution action,
prevention, curative treatment and
advocacy.

Composition of Commission
• The Commission is consist of three
commissioners, one of them appointed as
chairman who is the chief executive of the
commission;
• Commissioners are appointed by the President on
the recommendation of the Selection Committee
for a period of four years and are not eligible for
re-appointment.
• The commission is independent and work
impartially.May 6, 2018 Dr. Md. Shamsul Arefin 4

Organogram
Chairman
Commissioner Commissioner
Secretary
DG
Legal
DG
Admin
DG
Enquiry &
Investigation
DG
Spl Enq & Inv
DG
Prevention
DG
Inspection &
Pending Issues

Power of the Commission
• The ACC allows the Commission to
discharge its power under the act
independently (section 24) and also allow
Financial independence (section 25)
• The commission also has the power to
investigate (Section 20), Power of Arrest
(Section 21) and conducts Hearing of
accused person (Section 22)

Functions of the Commission
(Sections 17)
• 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 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.

Special features of ACC Act
• The Anti Corruption Commission (ACC) Act was
promulgated on 23 February 2004 which came into force
on 09 May 2004.
• The Anti Corruption Commission (ACC) Act was the Act
no 5 of 2004.
• There are 38 Sections in that Act.
• Out of those there are 3 penal sections.
• Penal sections are- Section 19(3), Section 26(2) and
Section 27(1)

Some Important Aspects of the ACC Act
• In order to make recommendation for the appointment
of commissioners, a Selection Committee of five
members shall be constituted (Section 7).
• Section 10(3) - No commissioner shall be removed from
office except on similar grounds and in accordance with
the similar procedures as apply to the removal of a
judge of the Supreme Court.

Definition of Corruption
• Corruption is operationally defined as the
misuse of entrusted power for private gain-
Transparency International.
• Corruption is the abuse of public office for
private gain - World Bank
• Misuse of Power for private gain
 Bribery
 Extortion
 Manipulation of Laws
Legal Definition : According to the Section 2(e) of the Anti-Corruption
Commission Act-2004 : ‘Corruption’ means the offences set out in the
schedule to this law”.

• Offences under Anti-Corruption Act 2004 (Possession of
property disproportionate to known source of income).
•Offences punishable under the Prevention of Corruption
Act, 1947 (Act 11 of 1947).
•Offences under Money Laundering Prevention Act -2009.
•Offences punishable under sections 161-169, 217, 218, 408,
409 and 477A of the Penal Code, 160 (Act XLV of 1960).
•Offences of abetment, conspiracy and attempts as defined
respectively in section 109, 120B and 511 of the Penal Code,
1860 (Act XLV of 1860) in relation to clauses (a) to The
Anti-Corruption Act, 2004.
The schedule of ACC

The Dynamics of Corruption
• C =M+D-A-S
• Where, C=Corruption
• M= Monopoly
• D= Discretion
• A= Accountability
• S= Public sector salaries

Some Sources of Corruption
1. Over and under-invoicing in Imports & Exports
2. Tendering
3. Procurement
4. Audit
5. Land management
6. Law enforcement
7. Customs
8. Loan from Banks
9. Judicial Process
10. Others

Role of Civil Servants
 Use minimum or no discretion
 Create perfect competitions
 Open Integrity unit
 Maintain Transparency
 Ensure Accountability
 Ensure Rule of law
 Ensure Good governance
 Follow a person who is a Role Model to you
 Try to be a Role Model to others

Which of the following acts do you consider to
be acts of corruption:
Stealing money from government (embezzlement)
Threatening individuals with harm if they do not give
money (Extortion)
Influencing government contracts in return for financial or
other gains
Bribery
Promotion of unqualified individuals for political reasons or
other gains
Favouring relatives and friends e.g. appointing them to
good positions (nepotism)

Please indicate how much do you agree with the
following statements
 I would feel comfortable helping my family
member get a job in my govt office, provided
they were qualified.
…even if they were not as qualified as another
candidate.
 I would feel obligated to use my influence as a
civil servant to help my friend / relative with a
problem if I could.
 Corruption by low-level employees is more
acceptable than corruption by high-level officials.

Deficiencies
 lack of
transparency
 lack of competition
 Monopoly
 weak accountability
 weak capacity
 Discretion
I MPLI CATI ONS OF
CORRUPTI ON
• Graft & CorruptionGraft & Corruption
• InefficiencyInefficiency
• Graft & CorruptionGraft & Corruption
• InefficiencyInefficiency
• Poor QualityPoor Quality
• High CostHigh Cost
• Poor QualityPoor Quality
• High CostHigh Cost
POOR SERVICEPOOR SERVICE
DELIVERYDELIVERY
POOR SERVICEPOOR SERVICE
DELIVERYDELIVERYMay 6, 2018 Dr. Md. Shamsul Arefin 19

Discretion!!!
The exercise of individual judgment, instead of
formal rules, in making decisions is discretion.
No list of policies and procedures could possibly
guide police officers through all the situations in
which they find themselves. Police routinely
must use their own discretion.
The issue of police discretion is very
controversial, particularly because some
officers abuse their discretion.May 6, 2018 Dr. Md. Shamsul Arefin 20

Household Income lost to bribery
9.529
7.94
2.384
4.569
0
2
4
6
8
10
12
Low Income (< Tk.
72,000 per year)
Middle Income
(72000-140,000)
High Income
(140,000+)
Total
Percentage
Source TI -2014May 6, 2018 Dr. Md. Shamsul Arefin 21

Transparency
Integrity
Accountability
Whistleblower protection
Aware Citizen
Preventive Measures
Enhanced Accounting
and Auditing Standards
Reducing Discretionary
Authorities
Create Competition
Effective Civil, Administrative or
Criminal Penalties

Whistleblower means-
An employee who refuses to
engage in and or reports illegal
or wrongful activities of his
employer or fellow employees.

Core
State
Instituti
ons

Checks and balances--separation of
legislature, executive and judiciary
(horizontal accountability)
Budget management (treasury,
procurement, audit)
Declaration of public officials’ assets
Political competition and
accountability
Freedom of information; Meritocratic
civil service/adequate pay
Decentralization -(vertical
accountability)

Police
Parliamentary
oversight
Community oversight
Ombudsman
Auditor General
Free media

Justice System
Dedicated
Anti-
Corruption
Programs
Ombudsman;
Anticorruption Agencies outreach
programs- seminars for business
leaders; helps public and non-state
actors identify strategies for reducing
corruption; funds studies of
corruption; community relations
highlighting awareness, prevention
and sanctions

Anti-corruption
agencies – conduct
searches, examine
bank accounts, audit
private assets

Anti-corruption
agencies – seize
property, incarcerate
individuals,

Arrangements for combating
Corruption
May 6, 2018 24Dr. Md. Shamsul Arefin

How to tackle corruption in Bangladesh
1. Developing long-term anti-corruption strategy
2. Creating citizen’s will
3. Effective decentralisation of government agency
4. Create a sense of hate about corruption
5. More transparency and more simplification of
procedures
6. Incentives for good performance
7. Awareness and Motivational programme

Conclusion
Corruption is widespread in developing and transition economies, not
because their people are different from people elsewhere but because
conditions are ripe for it.
First, the motivation to earn income is extremely strong, aggravated
by poverty and by low and declining civil service salaries and the
absence of risk-spreading Mechanisms.
Second, opportunities to engage in corruption are numerous.
Monopoly rents can be very large in highly regulated economies.
The discretion of many public officials is broad in developing and
transition economies, and this systemic weakness is exacerbated by
poorly defined, ever changing, and poorly disseminated rules
and regulations.

Conclusion
Third, accountability is typically weak. Competition are not perfect
often restricted.
The watchdog institutions that provide information on which detection
and enforcement is based—such as investigators, accountants, and the
press—are also weak.
The two parties to a bribe often both benefit, bribery can be extremely
difficult to detect. Even if detection is possible, punishments are apt to
be mild when corruption is systemic—it is hard to punish one person
severely when so many others are likely to be equally guilty.
Finally, certain country-specific factors, such as population size and
natural resource, also appear to be positively linked with the
prevalence of bribery.

Role of civil servants in combating corruption 03 april 2018

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Role of civil servants in combating corruption 03 april 2018