For some time, there has been strong criticism and frustration among local and international monitors over the ACC's failure to function. Politicised from the very beginning, the ACC's abilities were hamstrung due to several institutional, legal and administrative flaws. Consequently, the decision by the current government to constitute a committee to evaluate the possibilities for improving the effectiveness of the ACC has been a step in the right direction. Theirs will be a hard task. However, they will have to move forward by a examining all the principles that are associated in the fighting of corruption, including international treaties and commitments.

Corruption is considered as old as the human society. The concerns with corruption are presented in the works of ancient philosophers as Plato and Aristotle. Gjeneza Budima has noted interestingly that these philosophers saw corruption as a disease of politics. Modern thinkers like Machiavelli, Montesquieu and Rousseau considered corruption to be a process that destroyed the virtue of the citizen, and perverted a 'good' political system to the 'evil' one. Their views had two common denominators -- firstly, corruption harms the public, and secondly, corruption gives officials independent power over the public. One can also add that corruption is present in all societies, no matter whatever be their history, culture, religion or political and economic systems.

I am writing today on corruption because I believe that corruption is affecting Bangladesh's human capital formation. It is weakening the tax administration and causing tax evasion and improper tax exemptions. This has assumed particular significance for a developing country like ours because the higher the level of corruption, the lower will be the revenues and resources available for funding public services. Corruption, unfortunately, also causes decision makers to act in terms of money, and not in terms of the country's human needs.

However concern alone will not get us anywhere. There also has to be the necessary political will to succeed. We also have to remember that fighting corruption effectively will require that individuals have equal opportunities for political, economic and social progress. This is crucial. An important component in this regard will also be the presence of a well-motivated and professional bureaucracy. They can be an important mechanism in controlling corruption and other economic crimes.

John Brandolino and David Luna, writing in the December 2006 issue of the journal 'Issues of Democracy' have correctly pointed out that 'corruption was once considered such a pervasive phenomenon that addressing it seemed an almost insurmountable challenge.' However, in the last 15 years, the international community has witnessed a marked and positive change in the global fight against corruption. Prior to this sea change, countries were reluctant to even talk about corruption and considered it solely a domestic problem. Today, however, there are a plethora of multilateral mechanisms specifically created to address the problem of corruption and to work together to prosecute bribery.

By agreeing on mechanisms to fight corruption, the international community has opened the doors for increased multilateral and bilateral cooperation on important but traditionally local fronts. This, in turn, has encouraged the sharing of best practices, building trust and relationships between cooperating countries, and ultimately increasing the effectiveness of bilateral and multilateral efforts and development assistance programmes.

I am writing here today about the importance of multilateral cooperation because it helps to bring together internationally recognised principles to fight corruption and formalise government commitment to implement these principles. I am sharing my concern in this regard because more often than not serious corruption involving public sector expenditure finds it way out of the country into other safe havens abroad. These principles have been embodied most recently in the United Nations Convention Against Corruption (UNCAC). This Convention goes beyond simply exhorting governments to criminalise various corrupt actions. They recognise that the fight against corruption requires concerted action on a number of fronts.

These sectors include the following:

(a) Law enforcement through impartial investigatory, prosecutorial and judicial powers. These are key to the effective uncovering and prosecution of public corruption;

(b) Prevention of corruption in the public sector by maintaining high standards of conduct for public employees, establishing transparent procurement and financial management systems. This will also require avoiding of conflicts of interest, financial disclosures of personal assets (particularly relevant for those desiring to be Members of Parliament) and establishing effective institutions and procedures of accountability within government and externally;

(c) Similarly for the private sector there has to be maintenance of an effective regulatory framework to prevent the hiding of illicit or bribe payments in company accounts and corporate fraud.

More than 130 countries have participated in the two-year negotiation that has led to the UNCAC. Till to date there have been 140 signatories. Unfortunately, Bangladesh has not shown sufficient interest in this regard. In Asia, 21 nations in the Asia-Pacific region have adopted a nonbonding compact against corruption. Known as the ADB/OECD Anticorruption Action Plan for Asia and the Pacific, this compact has been developed under the auspices of the Asian Development Bank and the OECD. In 2004, leaders of APEC approved this compact. One feels that the political leadership of South Asia, a region riddled with corruption should also consider adopting such a move in the near future. In fact such potential cooperation should figure as a part of the agenda during the next SAARC Summit to be held in New Delhi in a few months.

I mention this because international anticorruption agreements continue to play a key role in the growing international condemnation of corruption. They commit governments to take action and help facilitate international cooperation and technical assistance.

I now turn to the necessity for reforms within our existing Anti-Corruption Commission. This is a patient that never learnt to walk. From the very beginning it has faced many hurdles that need to be removed. This will be required to give it a proper institutional shape.

The first element that needs to be considered is its personnel structure. It has been reported in the press that the Adviser for Communications, formerly Director General, Bureau of Anti-Corruption has identified certain shortcomings in this regard. He has pointed out that the total number of staff presently available in the ACC is insufficient given the nature of its requirement. He has also criticised the reduction of the jurisdiction of the ACC compared to what was envisaged within the Anti-Corruption Act, 1957.

In this context, it has also been suggested in the press that the shortcomings within the ACC needs to be seriously examined and corrected through the promulgation of an ordinance during the tenure of this government. Such a measure may be considered but undue haste needs to be avoided.

I feel that this is an exercise that will need transparency and commitment.

Let all aspects be carefully examined including the question of enhancing the pay and allowance of the ACC staff. There should also be scrutiny of those working in the ACC including their financial backgrounds is required because there is a general feeling that many in this establishment are themselves corrupt and tend to harass others unnecessarily on flimsy grounds.

It is also sometimes alleged that weak prosecution cases are initiated which drags on for a long time. In such situations, the accused has to spend time, energy and resources to prove that he is not guilty as charged, instead of the ACC proving the accusations. This must be avoided and there must be quick dispensation of justice. There must also be provisions whereby, if an accused is found innocent, he will be financially compensated for all the pain caused unnecessarily. The official who initiated the proceedings should also be officially reprimanded and held responsible. This will introduce accountability.

Let us also be careful in fixing the administrative organogram and assigning responsibilities. We should similarly take requisite safeguards so that the new ACC does not end up being a tool that can be used by the government in power to unnecessarily hassle its opponents. It might also be useful to ask Transparency International to be a meaningful partner in our effort to draw up relevant rules so that we do not continue to suffer in the Corruption Perception Index.

After 36 years of nationhood, we are at an important crossroad. Let us understand that we have to organise for our citizens, not only a brighter tomorrow, but also a better today.

Muhammad Zamir is a former Secretary and Ambassador who can be reached at [email protected].