State reform now hostage to ruling party’s wishes: TIB

The prospect of state reform created by the July mass uprising has become hostage to power politics and bureaucratic interests, Transparency International Bangladesh (TIB) said on Friday.

The anti-corruption watchdog said constitutional reform now effectively depends on the “unilateral wishes” of the ruling alliance.

It also accused the opposition alliance of abandoning its responsibility to advance reforms in the public interest and instead pursuing partisan political gains.

“The collusion between power politics and bureaucratic forces is blocking the central objective of the July movement — the establishment of an accountable and responsible system of government,” TIB Executive Director Dr Iftekharuzzaman said in a statement.

TIB said the interim government had failed to build the necessary foundation for reform because of a lack of strategic planning and political courage. It also compromised in the face of bureaucratic resistance.

The situation worsened after the 13th parliamentary election, it said.

According to TIB, control over the country’s legal, institutional and bureaucratic structures merely changed hands under the influence of power politics.

‘It is our turn now’

Iftekharuzzaman said the winning party had pledged in its 31-point agenda and election manifesto to implement the July Charter “to the letter.”

Its MPs were also part of the forces supporting the referendum.

But their refusal to take oath as members of the proposed Constitutional Reform Council created fresh uncertainty over the reform process, he said.

Constitutional amendments through the Constitutional Amendment Committee and broader reforms through legislation and institutional changes have consequently become dependent on the ruling alliance, according to TIB.

Iftekharuzzaman also accused the principal political party that emerged victorious after the fall of authoritarian rule of allowing the unchecked transfer of practices involving occupation, extortion and partisan control.

He described the approach as an “it is our turn now” mentality.

TIB said this had made implementation of the July Charter and wider state reforms “virtually impossible.”

TIB also questioned how the government handled 133 ordinances issued by the interim administration.

A large number have since been enacted into law.

But TIB alleged that ordinances strengthening executive power without sufficient accountability were passed, while measures intended to improve accountability were repealed or suspended.

The watchdog pointed specifically to the repeal of the Supreme Court Secretariat (Amendment) Ordinance and the Supreme Court Judges Appointment Ordinance.

Both had been introduced under the interim government with the stated aim of strengthening judicial independence.

TIB said repealing them amounted to moving in the opposite direction from reform.

It also criticised the handling of the Anti-Corruption Commission.

Despite political consensus on necessary amendments to the ACC Amendment Ordinance, parliament did not pass it with those changes and instead returned to the 2004 law, according to TIB.

The move, it said, had blocked an opportunity to address the crisis of public confidence that has affected the ACC since its creation.

Accountability measures rolled back

TIB also criticised the new law enacted after the National Human Rights Commission Ordinance was repealed.

It said the legislation was inconsistent with international standards and undermined the longstanding demand for a genuinely independent and effective human rights commission.

The organisation raised similar concerns about legislation dealing with enforced disappearances.

It said the Enforced Disappearance Prevention and Redress Ordinance was repealed and replaced by legislation that protects agencies it described as being most responsible for such incidents and associated human rights violations.

TIB also alleged that an agency widely accused of human rights abuses had effectively been given greater powers under a new name in the process presented as the abolition of RAB.

Meanwhile, no initiative has been taken to establish an independent Police Commission despite political consensus on the proposal, it said.

TIB also pointed to an agreement requiring elected representatives to disclose their assets within three months of taking office and update the information regularly.

It said no such directive or practice had become visible since the current MPs took oath.

“Overall, by taking positions contrary to the public aspirations behind the July movement, the government is moving towards establishing a power structure in which the executive branch lacks accountability and responsibility,” Iftekharuzzaman said.

He questioned how political parties could so quickly forget the consequences of partisan control over the judiciary, law enforcement, ACC, Human Rights Commission and other accountability institutions during authoritarian rule.

The July Charter itself was drawn up from those experiences, he said.

Despite disagreements on some issues, political parties had reached a broader consensus on reforms.

Now, TIB said, the ruling party had moved towards “unchecked majoritarian power,” while the opposition was concentrating on partisan political advantage.

TIB urged all political parties to revive the political consensus that produced the July National Charter and pursue reforms intended to strengthen democracy, good governance and social justice and prevent a return to authoritarian rule.

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