Commission recommends reducing bureaucratic dependence within ACC

Key recommendations:

• Reserve 60% of DG posts and 75% of director posts for ACC's internal candidates
• Cap deputation appointments at 10% for positions like DG, director, and deputy director
• 7-member selection committee to prevent politically motivated recruitments
• Grant constitutional recognition to the ACC
• Permanently abolish the practice of legalizing undeclared money

The Anti-Corruption Commission (ACC) Reform Commission has recommended reducing the commission's bureaucratic dependence while recruiting, advocating for a more diverse process. 

In its report submitted to the chief adviser today (15 January), the commission said appointments to ACC should be made from various professions instead of just bureaucrats. 

To free the ACC from bureaucracy, the reform commission proposed that appointments to key positions, such as secretary, director general, and director, should be conducted through open and competitive processes instead of being limited to individuals from the public administration cadre.

"All appointments to the posts of director general and director [except for director general and director appointed on deputation] shall be made through a competitive and open process through advertisement," reads the commission's report.

The commission also observed that most of the commissioners and director generals in the ACC were previously appointed from the public administration cadre. A significant portion of the directors are also from the administration cadre. 

Speaking at a press conference at the Transparency International Bangladesh (TIB) office this afternoon, the commission's head Iftekharuzzaman, TIB executive director, said, "We have seen that there is an excess of administration cadres in the top positions of the ACC. We hope that the dependence on bureaucrats will be reduced in the ACC through reforms."

Internal promotions and limited deputation

The commission recommended reserving 60% of director general posts and 75% of director posts for ACC's internal candidates meeting the eligibility criteria.

The commission also recommended that a maximum of 10% of the posts of director general, director and deputy director should be appointed through deputation transfer. 

However, officers on deputation from the judiciary and law enforcement agencies for the purpose of investigation, prosecution or trial shall not be included in this calculation, it said.

The commission further recommended forming a seven-member selection committee to stop appointments based on political considerations in the ACC.

Structural and legal 

Additional recommendations included granting constitutional recognition to the ACC, establishing an Ombudsman, permanently abolishing the practice of legalising undeclared money, and criminalising bribery in the private sector. 

It has also recommended mandating public disclosure of beneficiaries of companies, trusts, or foundations through proper legal frameworks. 

The commission also suggested increasing the number of commissioners from three to five, including at least one woman, and expanding the number of director generals from eight to 12. It also suggested reducing the tenure of the ACC commissioners from five years to four years.

Regarding this, Iftekharuzzaman, at the press brief, said the commission has proposed that the appointments and tenures of commissioners should not begin or end simultaneously.  

Political and electoral transparency

To ensure political and electoral transparency, the commission proposed requiring political parties and candidates to disclose detailed financial accounts.

The commission emphasised that all elected public representatives should submit detailed accounts of their and their family members' income and assets to the Election Commission within three months of assuming office and annually thereafter.  

The Election Commission would then publish these statements on its official website to ensure transparency.  

Additionally, the commission suggested that political parties should refrain from offering party positions or election nominations to individuals involved in corruption or irregularities. 

To expedite the handling of cases, the commission in its report recommended eliminating the mandatory pre-investigation inquiry process for offenses listed under the ACC's schedule.  

The proposal also includes establishing "Special Judge Courts" in every district where ACC offices are present. 

Other recommendations 

The commission also recommended amending the Whistleblower Protection Act abd making a law to protect corruption whistleblowers. 

It also said the Disclosure Protection Act is not effective, so it has to be amended.

The commission in its report also said the ACC's failure must also necessitate accountability. 

A disciplinary commission to identify and dismiss corrupt officials has to be set up and surveillance through counterintelligence should be continued, the commission added.