This document discusses accountability, anti-corruption measures, and their impact on public administration. It provides: 1) A historical background of anti-corruption commissions in Bangladesh, from their origins under British rule to the establishment of the Anti-Corruption Commission in 2004. 2) An overview of the Anti-Corruption Commission of Bangladesh, including its structure, functions, and powers to investigate corruption cases and require officials to declare their assets. 3) A discussion of transparency and accountability measures that can be used to prevent corruption, such as open integrity policies, transparency in decision-making, and strong oversight and enforcement.

1. Accountability,
Anti- corruption Measures
&
Their Impact on Public Administration
By
Dr. Md. Shamsul Arefin
A member of Bangladesh Civil Service
Belongs to 84 Batch (Admin)
A class note for the Foundation Course
4th
May 2014 at 7.30 pm
BPATC, Savar, Dhaka.
Dr. Md. Shamsul Arefin

2. Historical Background of ACC
 The formal institutional practice to curbing corruption
was initiated in Bangladesh thorough a long evolution of
system.
 Formation of Enforcement Branch of Anti-Corruption was
officially recognized many years before the country’s
independence in 1971.
During the British rule, corrupt practices were detected in the
Food Department and as such, in 1944, the Enforcement Branch
was formed in the Police Department to fight such corruption.
Dr. Md. Shamsul Arefin

3. Historical Background of ACC
 The first Act against corruption was made in 1947 under the title
of the Prevention of Corruption Act.
 As there was no investigating agency other than the police,
under the Act, certain offences were declared as offences of
corruption and those were made cognizable for the police to
investigate.
 The Police Department was entrusted to investigate such
corruption cases until the establishment of the Bureau of Anti-
Corruption in 1957.
Dr. Md. Shamsul Arefin

4. Establishment of Anti-Corruption Commission
 The Anti Corruption Commission Bangladesh consists of three
Commissioners from whom the Hon’ble President appoints a Chairman
for a period of five years. There are one Secretary, six Director
General,12 Directors and some other officers as Investigators and
Prosecutors.
 The total number of stuff is now 1073. The Commission is independent
in executing its duties and responsibilities. Anti Corruption Commission
Bangladesh was formed through the act promulgated on 23 February
2004 that into force on 9 May 2004. Dr. Md. Shamsul Arefin

5. Functions of Commission
 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 Hon’ble President for their effective implementation
 To undertake research, prepare plan for prevention of corruption and submit to the
Hon’ble President recommendation for action based on the result of such research.
Dr. Md. Shamsul Arefin

6. Declaration of Properties
(i) If the Commission is satisfied on the basis of its own information and after
necessary investigation that any person or any other person on his behalf is in
possession or has obtained ownership of property not consistent with his legal sources
of income then the commission through an order in writing shall ask that person to
submit a statement of assets and liabilities in the manner determined by the commission
and to furnish any other information mentioned in that order.
(ii) If any person –
a) After having received an order mentioned in sub-section (1) fails to submit the
written statement or furnish the information accordingly or submits any written
statement or provides any information that is false or baseless or there are sufficient
grounds to doubt their veracity or
b) Submits any book, account, record, declaration, return or any document under sub-
section (1) or gives any statement that is false or baseless or there are sufficient
grounds to doubt its veracity, then that person will be sentenced to a prison term of up
to three (3) years or a fine or both.
Dr. Md. Shamsul Arefin

7. Section 27 of Anti-Corruption Commission Act, 2004
Possession of Property in Excess of Known Sources of Income
(i) If there are sufficient and reasonable grounds to believe that a
person in his/her own name or any other person on his/her behalf
is in possession and has obtained ownership of moveable or
Immovable property through dishonest means and the property is
not consistent with the known sources of his/her income and if
he/she fails to submit to the court during trial a satisfactory
explanation for possessing that property,
(ii) Then that person shall be sentenced to a prison term ranging from a
minimum of three years to a maximum of ten years imprisonment,
and these properties shall be confiscated.
Dr. Md. Shamsul Arefin

8. Relevant Laws
The relevant laws for investigation of corruption cases are the Criminal Procedure
Code (Cr PC), 1898 and the Anti-Corruption Commission Act (ACC Act), 2004. The
former one is the general procedural law for investigation and trial of criminal cases.
The latter one is the special law against corruption. As far as investigations of
corruption cases are concerned, if any conflict between the provisions of the aforesaid
Acts is found, the provision of the latter Act will prevail.
The Cr PC describes under sections 154 to 173 how offences are registered with police
stations, investigations are made and the reports of investigations are submitted before
the court for trial. The Anti-Corruption Commission Act dictates an investigator to
conduct an enquiry before lodging/registering a First Information Report (FIR) stating
the offence(s) committed. If prima facie evidence is established in enquiry, an FIR is
lodged with the police station and thereafter the formal investigation starts under the
provisions of the Cr PC. An investigation ends with submission of an Investigation
Report before the court.
Dr. Md. Shamsul Arefin

9.  Corruption refers to the practice of
 misusing one’s power and position to
 achieve various illegal ends.
 Abuse of entrusted power for private
(illicit) gains
 Complex Phenomenon
Bribes, fraud, extortion, favouritism,
nepotism, embezzlement.
Grey areas: Lobbying, gifts
Dr. Md. Shamsul Arefin

10.  Misuse of Authority
 Misappropriation of Public Fund
 Cheating public at large
 Bribery
 Asset beyond known source of income
 Money laundering
 Forgery
 Schedule of Anticorruption act 2004
Dr. Md. Shamsul Arefin

11. Definition of Corruption by WB
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
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”.
Dr. Md. Shamsul Arefin

12. Dynamics of Corruption
C =M+D-A-S
Where, C=Corruption
M= Monopoly
D= Discretion
A= Accountability
S= Public sector salaries
Discretion!!!
The exercise of individual judgment, instead
of formal rules, in making decisions is
discretion.
Whistleblower means-
An employee who refuses to engage in and or reports illegal or wrongful activitiesDr. Md. Shamsul Arefin

13. The Pillars of Anticorruption
Integrity
 Address risks openly
 Promote a culture of discussion
 Foster and protect whistleblowers (anonymity)
Transparency
 Publicise information (e.g. payments, regulatory decisions,
selection criteria etc.)
 Is the information accessible? (space, time)
Accountability
 More effective and efficient controls
(externals, CS, medias etc.)
 Avoid impunity (Law enforcement)
Participation
 Involve Civil Society and others (e.g.
Report Cards, Integrity Pacts)
 Train on how to use information?
AC
Risk
Assessment
Collective
Action
Effective
Leadership
Good
Governance
Dr. Md. Shamsul Arefin

17. 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

18. 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

19. Governance
Deficiencies
 Lack of transparency
 Lack of competition
 Monopoly
 Weak Accountability
 Weak transparency
 High Discretion
I MPACT OF
CORRUPTI ON
• InefficiencyInefficiency• InefficiencyInefficiency
• Poor QualityPoor Quality
• High CostHigh Cost
• Poor QualityPoor Quality
• High CostHigh Cost
POOR SERVICEPOOR SERVICE
DELIVERYDELIVERY
Low investmentLow investment
UnemploymentUnemployment
Impede economic DevelopmentImpede economic Development
POOR SERVICEPOOR SERVICE
DELIVERYDELIVERY
Low investmentLow investment
UnemploymentUnemployment
Impede economic DevelopmentImpede economic Development
Dr. Md. Shamsul Arefin

20. 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

21. Which one is transparent ? Dr. Md. Shamsul Arefin

22. Dr. Md. Shamsul Arefin

23. Dr. Md. Shamsul Arefin

24. Major Initiatives to Enhance Transparency &
Accountability
• Transparency is about the sharing of information about government
decisions and activities and access to information etc.
• Right to Information Act
• Citizens Charters
• e-Government
• e-procurement
• Protection of whistle-blowers
• Anti corruption act
• Integrity Strategy
Dr. Md. Shamsul Arefin

25. AccountabilityAccountability
 Ensure Optimum use of ResourceEnsure Optimum use of Resource
 End CorruptionEnd Corruption
InternalInternal
&&
External CheckExternal Check
InspectionInspection AuditAudit Monitoring &Monitoring &
EvaluationEvaluation
))
Own SatisfactionOwn Satisfaction
Clients SatisfactionClients Satisfaction
Optimum use of resourceOptimum use of resource
End CorruptionEnd Corruption
CorrectiveCorrective
MeasuresMeasures
Award /HonorAward /Honor
CInInCInIn
ConditionsConditions
Own answer
PenaltyPenalty
IntegrityIntegrity Law & RulesLaw & Rules
Dr. Md. Shamsul Arefin

26. Implementation Process of Accountability
ELEMENTS ISSUES
1. PROCUREMENT • Implement E procurement
2. FINANCIAL MANAGEMENT • Ensure strong internal controls
• External audit
• Minimize cash transactions
• Adoption of Merit-Based Performance Incentive
3. DISCLOSURE • Minimize possible conflicts of interest
• Enhance transparency through public disclosure
4. CIVIL SOCIETY ROLE • Greater involvement of Civil Society Organizations
5. COMPLAINTS & REMEDIES
MECHANISM
• Provide overall complaints and grievances
mechanism
6. CODE OF ETHICAL CONDUCT • Establish Code of Ethical Conduct
7. SANCTIONS • No sanctions or immunity.
8

27. 05/16/14 Md. Shamsul Arefin 27
Please indicate how much do you agree
with the following statements
 I would feel comfortable helping my
relative to get promotion in my office,
though he is not qualified.
 I would feel comfortable helping my family members to get a
job in my govt office 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 / relativeDr. Md. Shamsul Arefin

28. Which Countries Are Corrupted
• The Transparency International 2009 Corruption
Perceptions Index shows that the most honest countries
are Finland, New Zealand, Iceland, Denmark, and
Singapore.
• The most corrupt countries are Haiti, Guinea,
Myanmar, Iraq, Chad, the Democratic Republic of Congo,
and Sudan.
• China, Brazil, Ghana, Senegal, Peru, Mexico, Saudi Arabia,
India, and Egypt all rank in the middle of the 163 countries
ranked. Bangladesh ranked 136 last year.
Dr. Md. Shamsul Arefin

29. Protection of Values
 Now in many cases, people do not feel any hesitation to take
paper, pen or ink from the office to home for personal use. But
once taking pen or pencil or ink from office to home for personal
use was considered as a serious offence.
 Mr Mohammad Ali Ex, Chief Minister of Pakistan after
submitting resignation letter from his office, he took pen of
Bangabhaban with him beyond his knowledge. But when he had
seen the pen in his pocket, he came back and returned it to
Bangabhaban. If this is happened now a days, people might say it is
done just as an administrative standbazi.
Dr. Md. Shamsul Arefin

30. 6 January 2013
Teaching of Hazrat Muhammed SA (Peace be upon him)
 Prophet Hazrat Muhammed SA (Peace be upon him) once appointed Abdullah-
bin –Laithai as Amil (tax collector). At the time of depositing the collected zakat
before the Prophet Muhammad (Peace be upon him), Abdullah had divided that
into two parts and said one part of this is zakat money from people, and the other
is the gift presented by people to me.”
 Hearing this, the Prophet (Peace be upon him) said, “Would the people have
given the gifts to you if you had not been given the responsibility of collecting
zakat?” Saying this, the Prophet of Islam instructed Abdullah to deposit the gifted
amount along with the collected revenue to Baitulmal, and the following morning
issued an official circular prohibiting officials to receive any gift from people.
Another related Hadith is that:
“He who receives bribe, he who offers bribe and the mediator between the
two, are all equally doers of punishable offence”.
Dr. Md. Shamsul Arefin

31. Case Study 1
One day you are riding your motorcycle and a patrol car stops you on
the motorway because you are not wearing your helmet. The patrol
party tells you to pay a fine of Taka 2,000/-, but will ignore the
violation if you pay him Tk 200.
Questions:
o What is wrong with this behavior?
o Should you pay Taka 200 instead of 2000/-?
Dr. Md. Shamsul Arefin

32. Case Study 2
Mr. Peter needs to have his Identity Card processed at a government
office. In order to speed up the process and avoid standing in line, he
asks for someone help speeding things up. Later Peter has given him
taka 200 as a gift.
Questions:
o What is the policy option ?
o Did Peter’s action hurt others?
Dr. Md. Shamsul Arefin

33. Case Study 3
A young girl has failed her exam twice. She has one more opportunity to
retake the exam. Her parents are afraid she will fail again, which will
drastically reduce her opportunities to find a good job, a good husband, or
to study further. In order to increase her chances of passing, the girl’s
parents try to give an expensive reception to her teacher.
Questions:
o Would it make any difference if the gift was a book or flowers?
o Can you tell a policy option to prevent this kind of situation?
Dr. Md. Shamsul Arefin

34. Case Study 4
You are an Executive Engineer and you receive a fund for
building a bridge in your project. Your nephew happens to
run a construction company and he makes it very clear that
he expects you to give him the contract because you are a
family. You realize that if you decide not to give him the
contract, problems could arise within your family .
Question:
o What do you do?
o Tell a policy option that prevents this from happening again.
Dr. Md. Shamsul Arefin

35. Conclusion
Corruption is widespread in some countries because of
 First, the motivation to earn income is extremely strong and the
absence of risk-spreading Mechanisms. ( Low risk and high reward)
 Second, Monopoly rents seeking behavior.
 The discretion of many public officials is broad and this systemic
weakness is exacerbated by poorly defined, ever changing, and poorly
disseminated rules and regulations.
 Accountability is typically weak. Competition are not perfect often
restricted.
 The two parties to a bribe often both benefit, bribery can be extremely
difficult to detect.
 The watchdog institutions are weak
Dr. Md. Shamsul Arefin

37. Dr. Md. Shamsul Arefin