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State of governance in Bangladesh in 2007

Bottom line

Harun ur Rashid
***Democracy in Bangladesh has not been as yet institutionalised because it takes time. Politics in the past was influenced by big money, goons, and people with little background and training in formal politics. Corruption became so endemic that it had engulfed the entire society. Some say politics was considered as "business," not as service to people. Furthermore, politics was confrontational between the two major parties.***
WHAT is good governance? One golden thread that runs through all the definitions is that good governance ensures the effective delivery of public services, the transparent use of public funds, and the implementation of rule of law. It also emphasises the necessity and relevance of public morality in the conduct of the government for the welfare of the public.
Scope vis-a vis capacity of state In this connection, it is necessary to distinguish between the scope of state activities, which refers to the different functions and the capacity of state power to enforce laws transparently — what is now commonly referred to as state or institutional capacity.
The problem of many developing countries is that in the process of reducing the scope of states they decrease state capacity.
This new recognition of the priority of capacity over scope is reflected in a comment made by eminent economist. Milton Friedman, dean of orthodox free market economists, in 2001. He noted that a decade earlier he would have had three words for countries
maJangthe^ansTtion from social- * ism: "Privatise, privatize, and privatize ... (but) Iwas wrong," he continued. "It turns out that rule of law is more basic than privatisation."
Rule of law
The rule of law is interlinked with democractic norms. In a democratic society, the rights and freedoms are inherent to the citizen, the guarantees applicable to them and the rule of law form a triad. Each component defines itself, and complements and depends on the others for its meaning.
The rule of law has been considered as one of the key dimensions that determines the quality and good governance of a country. The rule of law does not mean rule by law. Laws are made by states, but states are themselves subject to the ruleoflaw.
The rule of law includes not only equality before law of all persons but also non-discrimination among individuals, and no unlawful detention of persons. Independence of judiciary is an important component of the rule of law. Under the rule of law, an accuser cannot be at the same time the judge. In some ways it refers to accountability of actions or omissions of public officials.
Democracy and governance in Bangladesh
Democracy in Bangladesh has not been as yet institutionalised because it takes time. Politics in the past was influenced by big money, goons, and people with little background and training in formal politics. Corruption became so endemic that it had engulfed the entire society.
Some say politics was considered as "business," not as service to people. Furthermore, politics was confrontational between the two majorparties.
Elections have become such an expensive affair that ordinary citizens act only as passive voters. Power and authority are concentrated at the top echelons of government
Decentralisation of power was absent, and no actions were taken to strengthen the institutions of local self-government as mandated by Article 59 and 60 of the Constitution.
The dominant position of the executive is widely known. The parliamentary system that has been in existence can best be termed a prime ministerial system. The parliament is content to play second fiddle to the executive. The powers of the president and those of the prime minister remain unbalanced, the president being only a
ceremonial head.
Democracy is inextricably linked with good governance. They are two sides of the same coin. Democracy promotes the rule of law and human rights, transparent and fair elections coupled with a competitive political process, a free and independent media, stronger civil society and greater citizen participation in government, and good governance facilitates economic growth, improving living conditions, pro-moting environmental sustainability and broadening inclusiveness.
A year of change: 2007 in Bangladesh
One of the major commitments of the caretaker government, apart from holding a free, fair and credible parliamentary election, is to set in motion the process of good governance in the country and prepare the stage for building a corruption-free society as far as possible.
The caretaker government continues to fight against what it described as 3Ms, meaning muscle power, money power, and misuse of power.
In this context, the Institute of Governance Studies, Brae University, has released its second report on the state of governance in
Bangladesh 2007 in May 2008.
The report attempts to depict objectively the issues of good governance by the caretaker government It calls the year 2007 a Year of Change" in Bangladesh that may set a precedent in shaping new contours of governance in the country.
The report contains six chapters and 174 pages. Chapter one deals with an overview leading to the state of emergency in January 11, 2007. Chapter two describes a change in political governance. Chapter three gives a brief account of perception of governance. Chapter four enumerates crime, violence, and insecurity. Chapter five discusses governance of NGOs, and chapter six contains conclusions.
Chapter two of the report reviews the process of reforms adopted by the caretaker government. The government has adopted reforms that include some of the key government institutions vital for good governance. For example, the AntiCorruption Commission, Public Service Commission, and the Election Commission together with the Election Commission Secretariat have been reconstituted.
The report concludes indicating that the "caretaker gwemment has demonstrated its desire to rid the system of undemocratic elements by launching an ambitious anti-corruption drive." More than 150 top politicians were arrested on charges of corruption and misuse of power. Some of them have been convicted by the courts.
The Anti - Co rruptio n Commission has devoted all its energy to make the public aware how much harm corruption does to the nation's welfare. Some economists say that Bangladesh would have had double-digit economic growth if it had corruption-free governments.
More importantly, the long-awaited separation of the judiciary from the executive, a requirement of Article 22 of the Constitution, was finally implemented by the caretaker government with the agreement of the Supreme Court, the report notes.
The report indicates that one sector where improvements in governance "will certainly have the largest impact is human security and crime and violence prevention ... It is now up to the community to decide the policies that will most effectively identify and address the sources ofhuman security."
Conclusion
The caretaker government has made some of the state institutions impartial, effective, and dynamic with bold reforms. There is a view that the actions taken against the corrupt people are likely to have long-term impact on the society. It demonstrated that no one is above the law and the so-called "untouchables" could be accountable under the laws. However, unless reforms within the political parties are undertaken for a genuine healthy political environment, uncertainty will remain for people in the country.
The Brae report on state of governance in 2007 provides a glimpse of the unrelenting efforts of the caretaker government to ensure a robust institutional framework so that economic, political, and social fabric of the country is firmly established in future. It is a commendable addition to the resources for scholars, academics and government officials on the state of governance in the country.
Barrister Harun ur Rasno s a farmer Ban^adesh A-nbassacatotne UN, Geneva.