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Fighting corruption
Role of media and civil society
To succeed the ACC needs the dedicated services of the free media and the civil society, writes Abdullah A. Dewan
7/11/2005

A successful anti-corruption programme requires, first and foremost, the political will and support of the ruling party. Otherwise, forming an anti-corruption commission (ACC) will look like eyewash, only an attempt to buy time until the ensuing national election. The support of the ruling party is manifested by its willingness to make the ACC an independent body with the legal mandate to investigate whoever it chooses to and be accountable only to parliament. Of course, any wilful abuse by ACC must be severely dealt with as the rule of law permits. To succeed in its crusade against an age-old endemic problem, the ACC needs the dedicated services of the free media and the civil society (for example, transparency international (TI), the NGOs, etc. working for anti-corruption measures).
No anti-corruption programme can succeed without the help of investigative print journalism (IPJ) and media oversight of governance. This requires ruling party's commitment to let journalists have unhindered access to whatever information they are asking for barring classified national security matters. To train such a cadre of journalists, the ACC needs to develop a comprehensive, high-quality IPJ programme similar to those of other countries, such as South Africa. The programme in South Africa was rooted in training journalists about how to practice IPJ within the framework of existing laws and regulations; enhancing journalists' understanding of the many tools and resources available for IPJ; opening up opportunities for students of journalism to acquire skills and practice of IPJ.
The South African programme was implemented by recruiting as many practicing journalists as possible from a wide range of small and medium-sized newspapers, focusing on the following topics: (a) Rights and responsibilities of journalists, including ethics training; (b) Detailed case studies on small and medium-sized news organisations involved in investigative reporting; (c) Resources needed to investigate business and government; (d) The Promotion of Access to Information Act, including how to write a request for information and how to appeal and challenge denials; (d) Finding, cultivating and interviewing sources; (e) Anti-corruption laws and institutions, whistleblower hotlines, and businesses and NGOs that support the government's anti-corruption strategy
The role of a free and open media to help expose and uncover corruption is universally recognised and acclaimed. The fall of communism in Eastern and Central Europe brought with it the era of glasnost and perestroika. The media experienced greater openness to bring to light a plethora of stories of fraud, corruption, and criminal activity, and thus became the most persistent corruption hawk institution. However, more than 200 journalists in the former Soviet Union alone have been killed as they pursued stories on corrupt officials or criminal gangs. In Sri Lanka, an investigative journalist had his newspaper banned after exposing corruption cases. Without government support and protection the role of media in fighting corruption will be diminished and journalists will apply strong self-censorship to protect their jobs and even lives. Journalists must be insulated from conflicts of interest emanating from the media ownership. Corruption in the media known as "envelop journalism" - a practice first surfaced to light in Indonesia to describe the behaviour of some journalists accepting payoffs in return for writing certain stories favourable to the briber, can have a crippling effect on IJP.
The press may yet be inhibited in other ways. Threats and intimidation by ruling party's political functionaries and even public servants are common occurrences in Bangladesh. What journalists are subjected to in their line of work everyday was aptly expressed by the former US Ambassador Harry Thomas, who said, "It is not an easy place for journalists". I salute the journalists of this country for the way they are working under duress," Recalling the killing of journalists in Chittagong, Khulna, Rajshahi, and Jessore, he said, "We want to see the killers of journalists brought to justice" (June 15).
TI and UNDP are working worldwide developing strategies and techniques to identify where the problems lie and where they are most acute. In Tanzania, and in Nepal, TI and its national chapters in both countries were allowed access to ministers, senior public officials, business leaders, and others outside the public sector. The governments agreed to have an ongoing role mobilising civil society in developing and monitoring an effective anti-corruption strategy. In both countries, TI's recommendations have been producing desired outcomes. The action plan for Tanzania included active roles for parliament, the media, the judiciary, the police, the anti-corruption bureau, and the ombudsman.
Public procurement of civil works and infrastructure building (roads, bridges, culverts etc), is an area where big time grand corruption occurs. TI's survey reveals that many businesses are reluctant bribers. They do bribe out of fear that honesty and playing by the rule of law would only benefit their dishonest rivals. To safeguard public interest and at the same time counter the predatory behaviour of bribers, TI has developed the concept of 'Islands of Integrity' which was first applied in Ecuador. The Islands of Integrity programme involves a pledge of integrity executed by all involved in public procurement work.
TI's mission in Ecuador identified that in large infrastructure projects illegal payoffs ran at 25-30 per cent of the contract price. TI and its Ecuador national chapter recommended the government a number of measures of which the two most important ones were: (a) no bribery pledge by the bid winning contractor, and, (b) disclosure by the contractor of all commission and other payments in any way related to the contract. The chief executive officer of the contractor's parent company was required to sign the pledges prior to work authorisation. If, in the process, any evidence surfaced to light about any illegal payoffs or non disclosure of all payments made, the contact would be forfeited and the contractor blacklisted and the losing bidders would have the legal right to claim damages from the winning bidder for their tender related costs and estimated loss of profit. Although these measures could not be mandated by law, all pre-qualified bidders voluntarily signed the pledges. The IOI measures achieved a considerable success in Ecuador. The government estimate revealed that there was a saving up to $300 million on two large contracts budgeted to cost $1 billion.
The newly formed anti-corruption commission (ACC) in Bangladesh has so far organised a seminar in May, 2005. This may be the ACC's accomplishment for the year. What a waste of time with inactivity? TIB has been organising seminars for years. No one in the country expects that the near defunct department of anti-corruption with its own problem with corrupt officials can be resuscitated by uplifting it to a commission with a slumbering justice of the high court as chairman. Apparently, ACC's dull seminar relieved the culpable who knew all along that they are untouchable. If the ACC is looking for a fresh case to start with, here is one to jump into.
This week, shipping minister Akbar Hossain's obduracy and near refusal to be accountable to the parliamentary oversight body about the exemption of TK 146.9 million penal charges against different importers is tantamount to contempt of parliament. The second contempt is his audacious attempt to stop the shipping secretary and the port chairman when they attempted to give an explanation about the exemption. This time the rich and famous Akbar Hossain may have crossed the line of his "untouchable" status by displaying his insolent manner. The ruling party BNP lawmaker GM Seraj's assertion that, "There may be some irregularities in the process. But what can we do when both the ministry and the importers commit a crime with an understanding?" The parliamentary oversight body may at least bring charges of contempt of parliament and abuse of power against all three pending investigations for irregularities and corruption. In the mean time, the lost revenue of TK 146.9 million should be recovered from the importer, and if a scam in the story is unearthed, the bribers and the bribed must all be tried under the law of the land.
Finance Minister M Saifur Rahman's shocking admission (July 6) that corruption with its all-pervasive sting has been engulfing "all the ministries, with the National Board of Revenue being among the top" is some thing the country had been waiting to hear for a long time. Bravo Mr. Finance Minister. You have certainly started writing your legacy on the annals of our national heritage. What about Madam Prime Minister? Is she up to letting country's interest go ahead of her party's interest? Since the PM objected to the opposition leader's speaking out about lack of rule of law and malfeasance back home during her recent foreign trips, because it bruises the country's image, she must also understand that her lingering silence and inaction against her party and family members' alleged submergence in corruption may bring down her government as hinted by the former US ambassador to Bangladesh.
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The writer is Professor of Economics, Eastern Michigan University, and President, Bangladesh Professional and Academic Society of America (BPASA)