‘Govt gave in to anti-reform forces’ : TIB says on issued ordinances

Transparency International Bangladesh (TIB) has raised questions about eight ordinances enacted by the interim government as part of the reform initiatives.

The anti-graft watchdog yesterday presented its observations on the Anti-Corruption Commission (Amendment) Ordinance, Police Commission Ordinance, National Human Rights Commission Ordinance, Public Audit Ordinance, Revenue Policy and Revenue Administration Ordinance, Cyber Security Ordinance, Personal Data Protection Ordinance and National Data Management Ordinance.

Except for a few cases, most ordinances were drafted unilaterally without involving stakeholders. In some cases, draft ordinances were published on websites for a short period for show, avoiding accountability. 

“Certain stakeholders were neglected and even subjected to propaganda. The government failed to set examples of expected transparency and proactive disclosure while making laws and decisions affecting public interest,” the TIB said in its observation.

Almost all initiatives taken in the name of reform have lost focus during implementation by the interim government, said TIB Executive Director Iftekharuzzaman at a press conference titled “Reluctance of the Interim Government in Designing Reforms” held at its office in Dhaka.

“The critical question is why this surrender happened and where the real weakness lies,” he said, adding that he did not have a definitive answer as he is not part of the government’s internal decision-making process.

In its overall observations, TIB said that there is no clear strategy for selecting sectors or institutions for reform. 

There is no explanation why many nationally important sectors, such as education, agriculture and privately-owned businesses, were left out. 

No operational plan was developed to implement the reform commission reports without a public vote. 

“At no stage was the importance of identifying and countering reform-resistant forces understood. As a result of surrendering to these forces, many important recommendations were cancelled, and several anti-reform decisions were made. Even the July Charter was violated without justification, setting a negative precedent. Consequently, less important or partial reforms were sometimes implemented.”

No visible progress has been made in implementing the urgent, actionable recommendations of the reform commissions, except for a few exceptions. 

On the other hand, there is no action plan for implementing recommendations of commissions on media, health, women, labour, local government or the economic white paper, TIB said.

TIB said that except for rare cases such as the separation of the judiciary and the NGO foreign fund ordinance, reform efforts were derailed by influential anti-reform bureaucrats. 

“In ordinances on the Anti-Corruption Commission, Police Commission, National Human Rights Commission, Cyber Security, Personal Data Protection, and National Data Management, the interim government allowed the bureaucracy and those in power to continue centralised and unaccountable authority rather than prioritising national interest,” the TIB said.

In the overall observation, it was said that the drafting of ordinances has destroyed the vision of an independent police commission. 

“Many provisions in the showpiece ordinance allow retired administrative and police officials to continue misusing power. In reality, this ordinance will become an institution that protects the misuse of police authority.” 

The National Human Rights Commission ordinance could have been considered an international standard law if the drafting process involved national and international stakeholders and if it was free of uncontrollable bureaucratic control.

The organisation acknowledged some positive and timely provisions in the Cyber Security, Personal Data Protection and National Data Management ordinances, but still, the opportunity for authoritarian, surveillance-based governance remains.

Urgent, actionable recommendations of the Anti-Corruption Commission reforms were ignored. 

“Without involving stakeholders, the government deliberately removed recommendations to ensure the Commission’s independence and accountability. Even though the top authorities of the Anti-Corruption Commission did not disagree, and there was no note of dissent from political parties in the July Charter, these important recommendations were omitted.” 

Based on observations over the past one and a half years, Iftekharuzzaman said that although authority existed under the Advisory Council or Cabinet, operational decisions were not actually made there. 

“Which document would be signed, which decision would be implemented, and which clause or date would be included or removed was determined by a few powerful individuals or groups within the state machinery.”

These groups not only protect their own group interests but also political interests and sometimes even the interests of political opponents.

Using the Anti-Corruption Commission ordinance as an example, he said there is no clear strategic commitment to make the agency effective. 

“If the commission became even slightly effective, it would create direct pressure on political and institutional corruption,” he said.

Iftekharuzzaman alleged that forces involved in political and administrative corruption oppose control and accountability and obstruct reforms. 

“A part of the administration has more influence behind the scenes than the advisory or ministerial authorities,” he said.

As a member of the National Consensus Commission, Iftekharuzzaman shared his experience, saying that in the early stages of forming the reform commission, there was an opportunity to discuss with top authorities. 

He strongly believes that ordinary people, civil society activists and political parties all want reform. 

“There are also opposing forces. However, there was no clear initiative to map, analyse and resist these adversities. Whether intentionally or due to incapacity, these important questions were avoided, and the current reality reflects the failure of the reform efforts,” he added.