Revie · Web viewSecular and Islamic Concept of Good Governance and its State in Bangladesh. M. Nurul Amin* Abstract: There is a consensus that good governance is significant for

Thoughts on Economics Vol. 22, No. 04

Secular and Islamic Concept of Good Governance and its State in Bangladesh

M. Nurul Amin*

Abstract: There is a consensus that good governance is significant for human resource development in any Society. In this context the World Bank, IMF, UNDP, various NGOs and numerous studies conducted by them suggest that good governance primarily relies on the institutional infrastructure. This study identifies that the existing literature on good governance consists of contributions of the above mentioned organizations but it is not enriched with the description of good governance that Islam contributes to mankind. The paper attempts to compare the existing literature on good governance with relevant examples narrated in the Holy Quran for deriving and comparing the two models of good governance. It finds that according to the Quran good governance is achievable by giving more emphasis on taqwa of the leader, his personality and skills in comparison with the institutional infrastructure. The paper also tries to depict a picture of the state of governance in Bangladesh.

I. Introduction

Governance is a multifaceted concept with wider ramification. This is so because of fast changing and interdependent global environment. No country can afford to continue with a governance system that is outdated, slow, ineffective, expensive and corrupt in this age of globalization. Still there is a number of reasons as to why good governance is advocated. These reasons include the following:

maximizing economic performance and ensuring social cohesion require government to adjust rapidly to changing circumstances, to

*The author is a senior journalist, a former teacher of Shahid Suhrawardy College, Dhaka, (formely Quid-e-Azam College) a retired government officer and Editor of Thoughts on Economics.

52 Secular and Islamic Concept of Good Governance……………..

create and exploit new opportunities and thus deploy resources more rapidly and flexibly;

large government departments. and fiscal imbalances exacerbated by recession – and their implications for interest rates, investment and job creation place limits on the size of the state and require government to pursue greater cost – effectiveness in the allocation and management of public resources;

extensive and unwieldy government regulations that affect the cost structures and thus productivity of the private sector restrict the flexibility needed in an increasingly competitive international market place; and

demographic changes and economic and social developments are adding to the services that the community expect from governments, while consumers are demanding a greater

say in what governments do and how they do it; they expect value for money and one increasingly reluctant to pay higher taxes (OECD, 1996:7).

It may be mentioned here that this concept came to the fore is the 1990s against the backdrop of the failure of adjustment policies and with a view to developing a new recipe for enhancing the efficiency and capacity of governments to deliver. The World Bank, UNDP as well as many other key international players promoted the good governance paradigm as another side of the economic liberalization coin. While some considered it a recycled version of politics (UNESCAP-2011) others argued that it presented a new perspective on development (OHCHR-2007) since it brought to the fore principles such as accountability in societies suffering from the pathologies of authoritarian corruption (UNDP-1997). While some definitions tended to limit the concept to the principles that make democracy function, for example, creating representative and accountable government building a strong and pluralistic civil society and supporting the rule of law and access to justice institutions (AUSAID-2000).

It is quite evident that there is a continuing concern about the domain of the state, failure of the public sector to meet the demands and aspirations of the citizens, continuance of an inflexible and ineffective public service, and an unfavorable environment that hinder the proper growth and appropriate development of the private sector.

Thoughts on Economics 53

This paper makes an attempt to analyze the state of governance in Bangladesh by utilizing the parameters of good governance. In order to do that it makes an attempt to deliberate upon the meaning of the term good governance as well as the criterion through which a judgment can be passed as to whether a governance system is good or otherwise. The paper also tries to define and analyze good governance in the context of Islam.

The paper has been planned as follows: Section II discusses the meaning and definition of good governance, Section III tries to work out the difference between good and bad governance, Section IV throws some light on dimensions of good governance, Section V attempts to explain the concept of good governance in Islam, Section VI devotes on state of governance in Bangladesh and Section VII Concludes the paper.

II. Meaning and Definition of Good Governance

Good governance is a widely used term in developed as well as in developing countries. Bangladesh is no exception to this global trend. Politicians both in power and in opposition talk of their quest to achieve good governance.

Though the need for good governance has been recognized still there is lack of unanimity about the exact meaning of the term. A review of some of the representative definitions as given below testify this:

…. a judgment on the quality of government (Jahan, 1992:3); how people are ruled, how the affairs of the state are administered and regulated…… a nation’s state of ability in relation to public administration and law (Landell-Mills and Serageddin, 1991; 304) exercise of political power to manage a nation’s affairs (World Bank 1989:5) and the manner in which power is exercised in the management of a country’s economic and social resources for development, (World Bank 1992:1) the exercise of economic, political, and administrative authority to manage the country’s affairs at all levels and the means by which states promote social cohesion, integration, and ensure the well being of their population (UNDP 2002).

An interpretation of the definitions above reveals the following:

There is acceptances of the fact that governance includes exercise of authority of power;


The process through which authority or power is exercised and with what extent is important.

Interrelations and interactions among politics, economics, administration and law in a given society is of utmost importance for understanding governance, and,

Such terms as ‘good’ and ‘quality’ tend to be equated with governance (Khan and Ahmad, 1997: 302).

III. Difference between Bad and Good Governance

The quest of governance is as old as history of mankind. Every society at different stages of its development attempted to discover the ‘golden mean’ of Aristotle, the Greek Philosopher or the principles followed by the Caliphs in Islam. This quest of the society much later came to be interpreted as good governance. Nevertheless disagreement exists in terms of the exact characteristics of good governance as well as its meaning. But because of the paramount importance of the concept, it needs to be clearly understood and to do that three approaches can be utilized (khan 2002:6). A clear differentiation can be made between poor and good governance. The meaning of the concept can be further clarified subsequently. However, the benefits of institutionalizing good governance can also be pointed out.

Poor governance has the following characteristics: it fails to make a clear separation of what is public and what is private.

Hence there develops a tendency to direct public resources for private gain

it fails to establish a predictable framework of law and government behavior conducive to development or arbitrariness in the application of rules and laws;

application of excessive rules, regulations, licensing requirements, and so forth which impede the functioning of market, and encourage rent seeking

priorities are always found to be inconsistent with development resulting in a misallocation of resources; and

lack of transparency and accountability in decision making.

An awareness about the characteristics of poor or bad governance is useful. But what needs to be understood is that experiences of many developing countries have shown that the existence of poor governance for decades have not necessarily led to the improvement of governance systems. Therefore alternatives must be sought in real earnest to overcome the ill effects of poor governance. In order to materialize this a clear perception is


essential to know as to what constitutes good governance and how it can be meaningfully institutionalized.

Good governance means simultaneous presence of a number of variables in a country at a specific period of time. These include: Open pluralistic society characterized by political freedom and

democracy; Constitutional and judicial protection for rights of the individual

reinforced by rule of law including fair and accessible legal and judicial system;

-An independent judiciary; Strengthening of transparent, accountable, efficient and effective

national government; Anti-corruption institutions -Promotion of an independent media and dissemination of information -Development of society as a whole by education and health care; and Maintenance of a stable currency (DECD, 1992, Stone 1992: 366)

From the above characteristics of good governance it is apparent that good governances is interrelated to participatory development, human rights, democratization and economic development. A government can only be legitimate if it is based on the consent of the governed and if such consent is given through a recognized participatory process. Accountability of political and bureaucratic actors- a key requirement of democracy and human rights – can only be ensured through free flow of information, scrapping of all black laws, freedom of print and electronic media, transparency in decision making and institution of accountability mechanisms.

It is quite clear from the above discussions that good governance as a normative framework has come to mean different things, depending on whose agenda is being advanced. In Bangladesh as with many other countries, the concept and practice of good governance was that endorsed by the World Bank and which took on different versions of it once adopted by other donors. In effect it characterized a minimalist approach to governance that focused on the rules and institutions, stability and predictability of the management of a country’s economic resources for development purposes. It is minimalist insofar as its primary focus is on the quality of institutions.

IV. Dimensions of Good GovernanceAccording to World Bank Report 2011 Governance consists of the traditions and institutions by which authority in a country is exercised. This includes the process by which governments are selected, monitored and replaced; the


capacity of the government to effectively formulate and implement sound policies and the respect of citizens and the state for the institutions that govern economic and social interactions among them.The dimensions of this definition can be gleaned from the indicators drawn by the World Bank, whereby good governance is conceived of as:

Voice and accountability (measured in terms of the extent to which a country’s citizens are able to participate in selecting their government, as well as freedom of expression, freedom of association, and a free media)

Political stability and absence of violence (assessed in terms of the perceptions of the likelihood that the government will be destabilized or overthrown by unconstitutional or violent means, including domestic violence and terrorism).

Government effectiveness (perceptions of the quality of public services, the quality of the civil service and the degree of its independence from political pressures, the quality of policy formulations and implementation and the credibility of the governments commitment to such policies).

Regulatory quality (perceptions of the ability of the government to formulate and implement sound policies and regulations that permit and promote private sector development).

Rule of law (perceptions of the extent to which agents have confidence in and abide by the rules of the society and in particular the quality of contract enforcement property rights, the police and the courts as well as the likelihood of crime and violence)

Control of corruptions (perceptions of the extent to which public power is exercised for private gain including both petty and grand forms of corruption as well as ‘capture’ of the state by elites and private interests (Daniel Kaufmaan and others, September 2010).

It is believed that this definition provides a useful way of thinking about governance issues. In the next section of the paper we will try to discuss the concept of good governance in Islam.

V. The Concept of good governance in Islam5.1 Good Governance during the Caliphs In an Islamic perspective personal character of the administrators constitutes the key to good governance. In the words of Fourth Caliph Hazrat Ali (RA) the key public functionaries ought to have the qualities of refinement,


experience, alertness, power of comprehending problems, secrecy, freedom from greed and lust.

The following advice to the Governor (Wali) Mali Alk Ashtar contained in a letter of Hazrat Ali (RA) gives in a nutshell the qualities of an administrator: “He should be an ideal for his staff and fellow citizens and choose the

most qualified yet pious, honest, truthful and God-fearing men for his administrative structure

He should be impartial and dispense justice with equity and should be very careful about the backbiters, sycophants, corrupt and scandal mongers

He should constantly remain in contact with his staff, consult them and should not issue authoritative and arbitrary orders

He should strike against corruption, injustice and evil usages of authority against citizens and take responsibility for any defect in his subordinates and staff.

He should not reserve for himself or his relations any common property in which others have share and stake” (Nahjul Balagha, quoted by Mohammed Abbas)

This letter of Caliph Ali (RA) is a blueprint for efficient administration, which is in reality the basis of good governance. The emphasis is on the character of the administrators.

It clearly indicates that those who are at the helm of authority should continuously watch that justice, social equity and honesty prevail in the society and conduct themselves as servants of the people and trustees of state and of those below them in command as well as the public in general. They should love their fellow citizen as they love themselves and their families and not behave like rulers.

Since Islamic system is democratic in nature and is based on Shariah and the Sunnah, there is no place in this system for dictatorial leadership, authoritarian attitude and one man decision-making. This is the principle which forms a constant current in Islamic system of governance. The system is human in nature, content and application. This evidence was also found during the tenure of Hazrat Omar (RA), the second Caliph. When Omar (RA) would appoint a governor, he would invariably advise the incumbent “not to make reception halls, so that you are accessible to every one, not to eat refined flour as it is not available to all citizens of the Ummah, not to wear thin cloth because this would make you easy going and not to ride a Turkish horse because this would make you haughty.”


Another letter written during the rule of the Abbasid Caliph Al Mamum can also be considered as the best available source on the principles of good governance in Islam.

This letter was written by Tahir Ibn Al Husayn, Caliph Al Mamun’s General, to his son Abdullah Ibn Tahir and was summarized by Ibn Khaldun in his “Maqaddamah.”

The General in this letter advised his son to strive for virtue and good qualities in a manner so exemplary that no king or commander can do without. The general theme of this letter is duties and responsibilities of the administrative leaders and executives.

In the letter principles of administrative and good governance abound and deal with accountability and punishment, moderation in administration, rejection of falsehood, consultation with specialists on employment policy, supervision and foresight, punctuality, redressal of grievances and complaints, care for subordinates and people of the state generally, a time schedule for officials and policies governing revenue and expenditure.

5.2 Good Governance in the Holy QuranThe principles and different aspects of good governance are also found in the Holy Quran with firm examples.

Verses 83 to 101 of Sura Kahf of the Quran give a description of the good governance practiced by Dhul Qarnain (AS) to save his nation and reportedly upcoming generations from the terror and evils of a fanatic nation termed yajooz Majooz.

The Holy Quran highlighted three aspects of the governing practices of Dhul-Qarnain (AS) and that governance was run following the principles of unity of command and unity of direction; pro-people policies and strategies were implemented; an effective defense strategy for saving land and masses was developed, a challenge seeking approach for benefitting the nation was adapted, the nation/masses were bound to obey Dhul-Qurnain (AS); Dhul-Qarnain was an apostle of God. This example in the Holy Quran signifies that the leader of an Islamic state needs to be effective in decision making and impartial in providing justice.

In Sura Baqara verses 40 and onwards the Quran discusses the story of Moses (AS). Moses (AS) is attributed for his excellent planning for the salvation and emancipation of his nation known as Bani Israel from the slavery of the King of Egypt (Pharoh) and later establishing a social set up ensuring all necessary disciplines. The hallmarks interpreted from this most


discussed example of good governance reveal that Allah awards salvation to the deprived and oppressed only through his apostle; Moses (AS) maintained exemplary confidentiality of the strategic Plans meant to ensure salvation of his nation and all masses were obliged to obey and cooperate with their leader, Prophet Moses (AS). After achieving salvation, an unbiased system of justice was implemented in the society, Moses (AS) practiced delegation of authority to his brother Haroon (AS) to ensure unity of command, direction and contract, a system of taxation was enforced in the society with proper accountability and transparency. His administration encouraged trade and agriculture and freedom of expression was common.

It was quite evident that Bani Israel was best facilitated by Moses (AS) in support of his brother Haroon (AS). Moses (AS) being a leader even arranged food and services for all the masses through his miracles. He tried very hard to implement the system of justice for purifying his society from all elements that were weak in their faith and commitment with the right. He implemented an extremely impartial and unbiased system of taxation and accountability as he (Moses AS) sentenced his real cousin Qaroon for evading taxes to death. A close study of good governance of Moses (AS) reveal that the personality and good quality of the leader played prominent role here instead of institutions and their infrastructures.

In verses 246 to 252 of the same Sura Al Baqara the Quran shares the good governance of Taloot (AS) who liberated Bani Israel from the poor governance and oppression of Jaloot. Taloot (AS) was not elected by the masses, rather he was selected by almighty Allah on the request of the people of Bani Israel. He had no experience of governance but was young in age, strong in physique and intelligent in mind. Taloot (AS) tested his army before initiating war of freedom against Jaloot (Oppressor) because the infrastructure of Jaloot’s governance and army was huge, dominating and highly strong. After winning the battle against Jaloot, Taloot (AS) laid the foundation of governance based on obedience to God by ensuring care for the masses, justice, a state defense and support for business and agriculture. He acted as a ruler practicing unity of command and direction and delegated power and responsibility to his subordinates.

The Quran remembers the regime of Dawood (AS) for his justice and effective decision making in Sura Sad, verses 18-26 and also in Sura Ankabut verses 15 to 45. Dawood (AS) inherited kingdom from Hazrat Taloot (AS), his father in law and practiced good governance as a king as well as the apostle of Allah. He ensured impartial and free justice and exercised command and control over human and material resources. The


Quran also cites the example of Prophet Solaiman (AS) for his effective planning and resource mobilization. Solaiman (AS) was a unified king in his personality, skills and capabilities as he could talk to all species and animals, he was not just the commander of his armies and state, he was a commander of winds as well.

Solaiman (AS) was the son of Prophet Dawood (AS). His span of command and control were extended in scope and degree in comparison with that of his father. He utilized birds, animals, giants, humans, air and the then machine resources for ensuring great services to his masses.

Chapter 12 (Sura Yusuf) from verses 55 and onwards of the Holy Quran recalls Yusuf (AS) for his excellent strategies to manage severe famine for seven consecutive years for the entire African countries including Egypt. Prophet Yusuf (AS) proved himself to be an effective leader, ruler and caretaker without having any relevant qualification and experience throughout his life. His personality was known for his self control and commitment with faith. He maintained continuity of good policies and procedures and also used future based strategic planning. He gave topmost priority to agriculture to strengthen the economy in a bid to implement effective economic strategies and ensured social security and freedom of expression. He also provided facilitation to masses based on commercial and humanitarian mechanisms. In addition Prophet Yusuf (AS) maintained good international relations.

The example of Yusuf (AS) is declared the best example by the Holy Quran. This example narrates the most pragmatic historical facts in which Allah’s selected man and apostle was awarded governance as a result and reward of his consistence patience to severe hardships, intelligence, knowledge, strong character and faith after life-long sufferings in the form of slavery and imprisonment. He did not get any schooling or formmal training of ruling and governance. He still remained dominant on all the doctrines, institutions and infrastructural systems in Egypt through his personality, insight, knowledge and faith. It was Yusuf’s (AS) leadership and planning that saved entire Africa from a deadly famine and starvation for seven consecutive years.

Sura Muhammad of the Holy Quran deals with the necessity of defense against external foes by courage and strenuous fighting. It teaches that aggressive hostility to faith and truth should be fought firmly and faint-heartedness condemned. In fact the entire Holy Quran through its different chapters guides the last Prophet Muhammad (SM) towards good governance


under Islam, the only code of life approved by the Almighty for his mankind. Inspired by His revelation and guidance Muhammad (SM) established a social and political system in Medina on the basis of Quranic injunctions and set a unique example of good governance for the mankind for all times to come. This example was also glorified by the Caliphs and rulers after him for a long time. (Nomani, 2010, Maylisi, 2008)

The highlights of the good governance of Islam include impartial and free justice, central command and control, delegation of authority and responsibility, a social welfare state, a system of taxation with equity and justice, an effective system of defense, participation of all stakeholders in all significant matters, social security and safety nets, promotion of education and fulfillment of basic human needs irrespective of caste, creed and colour, discipline and rule of laws, transparency and accountability, a system of economy free from interest and exploitation; as well as freedom of expression for all the people.

Muhammad (SM) was not a king or governor for a particular state or groups of people. The Quran recognized him as a divine leader for the entire mankind till the day of resurrection.

5.3 Difference between secular and Islamic concept of good governanceIt appears from the above discussion that while the secular concept of good governance highlights the issues like voice and accountability, political stability, effectiveness of government, control of corruption, independence of judiciary, regulatory quality etc the Islamic concept emphasizes on central command and control, delegation of authority with adequate provision for transparency and accountability, impartial and free of cost justice, a social welfare state, an interest free economy, an effective system of defense, participation of all stakeholders in all significant maters, promotion of education, protection of minorities, discipline and rule of law in the society, elimination of poverty and effective international relations etc. Nevertheless, the Islamic teachings recognize that leadership skills and personality are the primary determinants of good governance while other aspects are also important. It appears that excepting a few fundamental issues emanating from faith there is hardly any difference between the constituent elements of good governance in both the systems. In the Islamic model the divinely approved leader is the centre and origin of good governance. He is responsible for the smooth and effective institutionalization of all necessary disciplines mainly including Islamic laws and values, a system for


recognizing/electing/selecting the leader, an interest free economic system, a system for public welfare, a system for fair and free justice, rule of law, a system for transparent planning and delegation of authority, an unbiased system of accountability etc. The examples of good governance in the Holy Quran are evident that Allah is the actual Governor Commander and Controller behind all models of good governance (Al Quran: 3, 26). He appoints His most trusted man as governor over masses and assures practice of good governance through His apostle only. Allah never commits cruelty on masses rather He saves them from oppression and hardship through appointing his good governors. Still it is true that the decision of Allah overwhelms the predilections of masses and indeed, His actions sometimes happen against the wishes of the majority among masses but still it happen for their betterment. Allah also imposes poor governance on disobedient people when they cross all the limits specially where justice and rule of law are violated.

VI. State of Governance in BangladeshIn Bangladesh governance has been conceptualized in a variety of ways and ranging from a very narrow to a very broad definition. Broadly defined governance reflects here all rules and procedures, formal and informal, in economic, political and administrative spheres, organizational entities entrusted with formulating and implementing such rules of the game as well as macro, micro or economy wide policies (Sixth Five year Plan, p-216). Though a Muslim country Bangladesh does not adhere to the concept of good governance in Islam, rather it attempts to follow the quantitative indicators of governance as developed by the World Bank which cover three dimensions i.e. political, economic and institutional, each of which is represented by two indexes as discussed in section 4.

According to the Sixth Five Year Plan of Bangladesh the government recognizes that the lack of good governance is felt in all sectors of the economy to a varying degree and their manifestations are also different. It also recognizes that Bangladesh’s citizens are entitled to expect good governance as an end unto itself. Citizens expect the government to ensure the delivery of key public goods and services, such as safety and security of persons and property or regulation of elements of the market. They also expect that the government carries out its duties transparently, without corruption, and in due consultation with stakeholders in society. Attaining good governance requires stronger public sector institutions which are able to carry out their functions effectively and in the public interest. The declared vision of the government envisages a public sector with strong


independent institutions of accountability, a high degree of transparency and responsiveness to the people, strong systems, for managing human and financial resources which ensure delivery of quality services to the peoples door steps.

In the context of the above position and based on the framework presented above the following sections contain an analysis of the state of governance in Bangladesh. It is apparent that any analysis of governance in this country, like any other, needs to be broadbased and issue oriented.

6.1 Nature of Polity Bangladesh shows all the symptoms of an underdeveloped polity. Democracy as a system of governance is in fiasco and could not be institutionalized during the last four decades of its existence and this becomes evident from a number of variables. Politics is, in most cases, dominated by big money (mostly unaccounted for), goons and people with little background and training in formal politics. The student Fronts of most of the political parties, which are considered to be the sources of leadership of the parties are found to be involved in campus violence, scandals relating to tenders, tolls and other immoral activities. As a result the quality of our prime leadership has become very much deteriorated. Elections have become an expensive affair where the common people have very negligible role to play excepting acting as passive voters with very little interest in the entire process. Power and authority rest at the top-echelon of the government based in the capital leaving little authority and resources at the disposal of elected bodies at the local level. Economic disparity between the rich and the poor continues to widen with frightening prospects for the society. Almost all the benefits of state patronage go to the party cadres and the rich in spite of the fact that most of them do not pay their taxes. A recent newspaper report reveals that over Tk. 60000 million has disappeared from the nationalized commercial banks through fake and irregular payment of loan on the pressure of ruling party leaders over the last four years. (Naya Diganta, July 31, 2012) The private sector banks, whose numbers continues to rise, have already been chastised by the central bank for disbursing loan to their directors and other influential individuals without proper collateral. The sponsors, promoters and beneficiaries of default loan culture all belong to the upper strata of the society and consequently protect each other. The middle class and salaried people together with general masses are squeezed constantly increasing rise in the prices of essential commodities, house rents, educational expenses of children, medical bills and taxes. The toiling masses struggle endlessly to barely survive in a man-made unjust society.


Social disparity among different strata of the population continues to deepen. Contrasting values and conflicting ethos have become very clear. Morality has become the biggest casualty in Bangladesh now. Corruption has become so endemic that the World Bank has recently been forced to cancel the Prestigious Padma Bridge Financing deal on the plea of alleged involvement of the highest authority in corruption including the communication minister. Corruption has engulfed both public and private sectors and touched and affected in one way or another each and every individual in Bangladesh. So it is little wonder that the country enjoys the dubious distinction of one of the corrupt countries in the world. No one seems to be worried about it, probably because the policy makers of Bangladesh has accepted the reality and feel that nothing needs to be done about it.

6.2 Political SystemA country’s political system plays a pivotal role in shaping its destiny for good or bad. Political parties, structure of government, civil society and international donors all in varying degrees influence or attempt to influence the nature of political system and Bangladesh is no exception to this trend.

In Bangladesh most of the political parties are found to be visible during election time. In other times they organize political protest meetings and processions if they are in oppositions and bring out processions in support of government policies and action if in power. There are serious questions about their nature of leadership, sources and utilization of party fund and nomination of candidates for key elections. All parties profess to adhere to democratic principles but the reality in most cases is different. For even senior leaders of most of the major political parties holding membership of central committees and presidiums it is risky to disagree, let alone challenge the supreme leaders (Khan and Hussain, Page 329-330). Leaders are selected by the supreme leader and heredity and kinship are the key determinates. During the last forty years the ruling Awami League leaders at the central level have never been elected (rather selected by the party chief) and nursuring intra-party democracy proved to be almost equally difficult in the BNP. The constant fragmentation of other parties like Jatio Party and Jatio Samajtantrik Dal (JSD) into many factions is primarily due to the absence of democratic culture in internal decision making process. Naturally the top leadership remains unchanged even after a party loses major national elections. Weak and sycophants become prominent in the party’s decision making process. Capable and effective leaders cannot be groomed and those who seem to be earning popularity beyond party frame are even eliminated


(For ready reference: Mayor Loqman Hossain murder case in Narshingdi) and the party culprits remain untouched and unpunished. The practice of democratic ethos is thwarted by internal party politics and management (Khan and Zafarullah, 315-317). Bangladesh Jamaat-e-Islami (JI) is the only exception among the political parties. The Jamaat is found to be inculcating democratic practices within the party and never defaults in holding elections to its highest post, the Amir (President) through secret ballots at regular intervals as per the provisions of its constitution. Likewise the members of its central council (Majlish-e-Shoora) are also elected regularly by direct votes of its members. The party has an inbuilt system of training its leadership and since the Jamaat aims at bringing about a complete revolution in human life it cannot remain indifferent to the moral and intellectual training of its members and workers. The Jamaat Headquarters plan and design the training courses and training camps are held at the central, district and local levels throughout the country. The emphasis of these training courses is laid on the study of the Quran and Sunnah – their interpretation and application to modern needs. The curriculum also include political trends at home and abroad, socio-economic problems of the age and their solution, principles of organization and administration etc. There are also many items of practical exercise which form part of these courses and these aim at improvement in the field of knowledge, attitude, skill and moral character of the activists. Similar training programmes are also organized for the leaders and workers of its student front the Islami Chatra Shibir and other side organizations which constitute the sources of its leadership. However the existing party in power, the Awami League and its leftist partners cannot tolerate the Jamaat. They are making no stone unturned to annihilate Jamaat leadership and as part of this plan the government instituted false and fabricated cases against its senior leaders including the Amir, the Secretary General and some of the Naib-e-Amirs and Asst. Secretary Generals on charges of crime against humanity alleged to have been committed during 1971. They are being tried in special Tribunal where all their human rights have been snatched away. The constitutional rights of the party to protest is hardly honored by the government and the police has shut down its central and city offices without showing any reason. Similarly the government attitude towards BNP, the biggest political party in the country is also devoid of any democratic norm. The Awami League government has withdrawn all the cases against its leaders including the Prime Minister herself, against whom there were 15 cases lodged during the tenure of the last caretaker government on charges of corruption, misuse of power and other criminal offences while those instituted against BNP


leaders have been kept alive. These cases are now being used as weapons to suppress them and new cases are also being lodged against them for the same purpose on filthy and concocted grounds. As a result the political climate is deteriorating every day.

Effective functioning of each and every organ of government is an essential prerequisite of good governance. In Bangladesh the dominant position of the executive within the political system is widely known. The parliamentary system that is in existence without interruption for over two decades can best be termed as Prime Ministerial system. She (PM) enjoys and exercises enormous array of power at the detriment of the legislature. A rather large and unwieldy cabinet consisting of about sixty individuals (Ministers and Advisers) is neither effective nor necessary. There is also mismanagement in the cabinet. Ministry runs at the whelms of the Prime Minister. A State Minister of the present government resigned in May 2009 and was residing in the USA but to his utter surprise he found that pay and allowances were being accumulated in his bank account. He asked the government to take the money back but of no avail. Another Minister was forced to resign in the face of severe criticism across the country due to bribery (Railway Minister) but instead of accepting his resignation the Prime Minister made him a Minister without portfolio. An enquiry committee constituted by the accused Minister himself cleared him later on. His APS together with the General Manager and the Security In charge of the Railway was detected with Tk. 7 million by the BGB guards when the driver carrying them made a hue and cry. The driver was subsequently made victim of forced disappearance. His fate is not yet known. There was still another Minister (in charge of communication) against whom the World Bank lodged complaint on charges of bribery in the famous Padma bridge case. The PM ignored it but later transferred him to ICT Ministry with full honour. However after around one year when the World Bank cancelled its treaty the Minister resigned and after about one month it was accepted. Similar allegations are also there against the Pm’s Finance Adviser and a whip of the ruling Party in the Parliament who happens to be a close relative of the Prime Minister.

It is doubtful whether major policies are thoroughly discussed and analyzed in the cabinet meetings. Monitoring of implementation of policies is an area where cabinet has been a failure. Here comes the role of the career civil servants.

The present size of the civil service is large compared to tasks it performs (Khan 1998). Reform-resistant public sector officials and employees are mostly ill-paid, ill-disciplined and improperly trained. All these are linked


with overall work culture of this country and the way they are recruited. Avoiding responsibilities for decisions, and non-merit based selection of personnel on political considerations, combined together has created a situation where competence lacks. The public service commission which is responsible for recruitment of civil servants has become a highly politicized body with almost all its members drawn from the activists’ base of the ruling party coterie. This lack of competence has created an environment of uncertainty, uneasiness and fear Psychosis in the civil service. The biggest casualty in this situation is the general masses who have to be contended with poor service delivery, corruption and misbehavior of ‘street-level bureaucrats’.

In a parliamentary system of government the Jaito Sangsad (Parliament) is supposed to be the nerve centre of all activities. It, instead, has become the vehicle to pass bills sponsored by the government in most cases with little deliberations. The constitutional provision for caretaker system of government was amended in the Parliament where the party in power has a brute majority with provisions for national election under the existing government even without dissolving the parliament and the cabinet ninety days before the tenure of the parliament expires. This has been done on the plea that a verdict of the Supreme Court termed the CTG system illegal. This judgment was not written and signed by the concerned judges before the amendment was made to achieve party interest.

The parliament has been unable to perform its designated role as controller and overseer of executive actions. None of the government that came to power since the restoration of parliamentary system of government has allowed the Parliament to function properly (Khan 2001). The opposition parties also did not play their proper role in this field. As a result accountability and transparency of governmental functionaries could not be ensured. Owing to lack of adequate and appropriate training many lawmakers are not sure as to what is their exact role. The process of lawmaking is tedious and technical in nature and one need to go through a well-designed orientation course to master the process. One of the adverse consequences of this situation is that law makers get too much in all local development efforts and pick up conflict with locally elected representatives and central government officials deputed in the field and thereby thwarting development activities.

In recent times the Parliament also got involved in a clash with the higher judiciary. It angrily debated the conduct of a High Court judge over some of his rulings and comments on Parliaments role (Ref. Justice Shamsuddin


Ahmed Chowdhury on shifting of Sarak Bahaban, Head Quarters of Roads and Highways Department).

The Parliament members adopted a resolution asking the President to form a Supreme judicial council to remove the judge for violation of constitution. But no council was formed. But subsequently the speaker of the Parliament gave a ruling to the effect that Justice Shamsuddin Chowdhury violated the constitution and the Chief Justice will do the needful. It is interesting to note that the Chief Justice has not yet responded to this ruling and the concerned judge continues to hold presumably because he is a ruling party man.

6.3 Politicization of the Security Forces and the JudiciaryInternational Crisis Group, Amnesty International, US state Department and local Human Rights Organization Odhiker in their recent reports (2012) critically deplored Awami League government’s practice of politicizing the executive, judiciary and security agencies, critical to conducting elections – and a rise in political violence. Odhikar in its report asserted that 330 people died Bangladesh in extrajudicial killings, officially termed “Crossfire” encounters, since 2009. Since 2010 abductions and disappearances have replaced crossfire deaths as the primary concern with 81 cases reported in the media in 2011 alone. The real number is believed to be higher. Both domestic and international human right organizations report that many of the extrajudicial killings are committed by the military police hybrid force, Rapid Action Battalion (RAB), which military officials say is the most politically influenced it has ever been. The police force whose leadership is creamed with party loyalists has fared no better; the Home Minister publicly rejected a law drafted by the caretaker government that would have created an independent national police commission and lessened government influence in the recruitment of high officials.

Despite the previous government’s separation of judiciary in 2007 the Awami League government has returned to the old practice of rewarding and punishing judges based on their decisions. Political loyalties apparently led to the supersession of a senior appellate division judge for the post of Chief Justice; they also are believed to have influenced appointments of a substantial number of Assistant Attorney General and High Court Judges. According to Crisis Group report, An Awami League Leader, himself a lawyer, said, “most of these judges are not worthy of being law darks”. This partnership has resulted in over 7000 cases suspected of having been dismissed under political pressure; 22 Awami League members, sympathizers, or sons of ministers and leaders have been pardoned in


political murder cases (The Daily Star, Feb 28, 2012). Partnership was also evident in the denial of bail to opposition leaders. The senior leaders of the Jamaat are being tortured in different ways. According to newspaper reports the Acting Secretary General of this Party Mr. ATM Azharul Islam was arrested on a fictitious charge of torching vehicle in a procession last September (2011) from the compound of his residence in Dhaka. When his son heard this he came down from the fifth floor of the building to see what happened to his father. This boy was also arrested, although he did not have any link with politics. He studies in England and was on vacation. Both of them were denied bail in the Court. Mr. Azhar was entangled in ten more cases while in jail and was shown arrested in one case or another when he got bail from the higher court just to prevent his release. However when he got bail in all the cases the jail authorities released him on August 16, 2012 from the central jail but on the instruction of the ‘higher authorities’ the security forces did not allow his relatives and party leaders to take him home, rather they themselves took him to his residence under strong police escort. None of his bails was conditional but still the police and the intelligence officials have turned his house into a prison with police duties in his flat, over the roof, in the entrance down stairs and along the road facing the house. He was not allowed to offer Juma congregation in the nearby mosque on Friday nor were his near relatives and friends allowed to visit him. His successor Dr. Shafiqur Rahman has also been arrested later and tortured in Police remand. Violation of fundamental human rights in this and other cases has crossed all limits.

Corruption remained a serious problem within the judiciary. Corruption was a factor in lengthy delays of trials which was subject to witness tempering and intimidation of victims. Several reports by human rights groups and corruption watchdog groups indicated growing public dissatisfaction with the perceived politicization of the judiciary.

In August 2011 a Daily Star investigative report revealed that former Chief Justice ABM Khairul Haque received a payment of Tk. 10,37000.000 ($13,127) from the Prime Minister’s Relief and Welfare Trust. According to the repot Mr. Haque and several other judges from the High Court Division received the money shortly before a series of rulings that nullified several constitutional amendments, including the provision for caretaker government thereby setting up the passage of the 15th amendment by the Awami League-led parliament. The Ministry of Law and Parliamentary Affairs confirmed the amounts transferred.


The lower judiciary’s ability to function properly, it is alleged has been considerably eroded by constant government interference in its domain. Also training of the judges at lower level is still inadequate and infrequently held.

6.4 Role of NGO and CBOsBangladesh has rich history of local initiatives undertaken voluntarily by individuals and groups. But Community Based Organization (CBOs) as key components of civil society became vocal, visible and powerful in the decades of ‘80s and 90s. Many initially welcomed the emergence of CBOs and NGOs with the belief that they would not only serve and empower the poor but they would take on the state on their behalf. But this has not happened. Accountability of NGOs still remains murky in spite of successive government’s efforts to monitor their fund receipt and disbursement (Khan, 2003). The recent trend of some big NGOs to venture into commercial activities has raised many questions like their status as organizations, role of the poor in profit sharing etc. Direct involvement of some big NGOs in national politics supporting Awami League’s nationwide strike and seize programme during 2006-2008 has had a number of consequences. Contrary to this the crackdown of the government on Grameen Bank and its founder Nobel laureate Dr. Yunus has created unprecedented chaos and confusion home and abroad.

The split in the Association of Development Agencies in Bangladesh (ADAB) is a case in point. Division among major NGOs with regard to their role in the polity has seriously affected the credibility of the civil society in general and the NGOs in particular.

Role of donor community in a developing country like Bangladesh is significant as it continued to depend heavily on the form’s aid and grants. However, international multilateral organizations and major donors have openly expressed their dissatisfaction about how the governance system works in this country (World Bank 1990, World Bank 2002, World Bank 2009-12, ADB 2011, 2012, JICA 2011, 2012). They have openly voiced concern about massive corruption and inefficiency in the public sector, deteriorating law and order situation etc. Their annoyance crossed all limits and the World Bank was compelled to stay back from financing Padma Bridge project on the allegation of corruption. There is a strong unanimity of opinion among members of donor community that governance has weakened significantly in recent years due to lack of collective improvement efforts and the involvement of the senior leaders of the government in corruption


6.5 Widening Horizon of CorruptionCorruption is widely identified as a governance problem as it is a clear signal that something has gone wrong in the management of the state, since institutions designed to govern the interrelationship between the citizen and the state are used instead for personal enrichment and political goal (Ackerman, 1999 as quoted in World Bank 2000:6). This statement typified the existence of widespread corruption in governance in Bangladesh.

Corruption is an inescapable fact of life in Bangladesh because the society is a highly complex network involving reciprocal favours and obligations, as a result, pay off is the life blood of the country. Pay off benefits include money, jobs, luxury gifts, building supplies, overseas travels and the payment of foreign tuition bills and personal liabilities (Kochanek, 1993:258). The symptom of patron – client relationship is further reflected by the practice of some businessman to maintain rest houses and high class exclusive hostesses to entertain foreign guests and big bosses (Siddique, et. al. 1990). The students of Eden Girls College, Dhaka in a press conference last year alleged that the leaders of Chatra League, the student front of ruling Awami League, force the Junior girl students to entertain the political leaders, businessmen and foreigners. Besides patronage relationships and clientalism are pervasive in both national and local politics.

Political and administrative corruption has become widespread everywhere in Bangladesh. The forms of corruption include petty corruption, project corruption and programmatic corruption (TIB, 2012). The political leaders, particularly the members of parliament run the government. The present parliament in Bangladesh is highly dominated by the ruling Awami League Party with more than two third majority. Transparency International, Bangladesh conducted a survey on the activities of 149 MPs out of 345 MPs in the country. Of the 149 MPs, 136 belonged to the ruling party and the rest 13 were from the opposition party and the number of ministers among the MPs under study were 27.

The study revealed that 97% of the MPs were involved in negative activities. All ministers and state ministers covered in the study were reported as having involvement in these activities. They use their membership of the parliament as a means of income generation. Their negative activities include influencing administrative works (81.8%), influencing educational institutions (76.9%), misuse of development fund (75.5%) involvement in criminal activities (70.6%) influencing public procurement process (69.2%), violating electoral rules (62.2%) managing plots (8.4%) and others (16.1%).


While analyzing the reasons of the problems TIB found that the present ruling party came to power after a seven year gap. During this gap local leaders and activists of the party could not enjoy their political power and realize their economic interests. To compensate, MPs created opportunities for the party members to gain personal benefits from the development initiatives at the local level. This also works as a kind of investment for the MPs to retain their local support-base for the next election (TIB, October 14, 2012). The speaker of the Parliament echoed with the findings of the TIB when he stated that each year a Padma Bridge could be built with the money which is swindled away by corruption.

If good governance means absence of corruption then vigorous presence of corruption has buried that prospect.

Arrest of former Railway minister’s Assistant Personal Secretary in midnight with a sack full of money appeared as an example how huge amount of money has been transacted as bribe for railway jobs. The public impression is that the former Railway Minister Mr. Suranjit Sengupta was involved in the scandal. But the Prime Minister ignored this and kept him as a minister without portfolio. There is hardly any ministry, division or departments of the government in the country where bribe is not transacted for appointment, posting and promotion (The daily star, January 5, 2013).

An exclusive investigation made by Weekly Holiday has found that in four major public run sectors alone, corruption rackets had embezzled over Tk. 400,000 crores (4,000,000 million) in routine dealings over the last four years of this government. The concerned sectors are banking, telecommunication, energy and education. The recently exposed Sonali Bank Hallmark Scam that provoked large public outcry pales indeed in comparison with the quantum of corruption found in other public sector entities.

Topping the list is the telecom sector, with an estimated Tk. 1,51000 crores irregularities since June 2009, followed by the energy sector where kickback in feigned system loss and overbilling by quick-rental power plants and energy deals tallies upto Tk. 1,40,000 crores. Monthly payorder (MPO) related corruption in the education sector accounts for another Tk. 1,11,000 crores. Hallmark and Destiny scandals together with fraudulent transactions of state owned banks added new dimension of corruption in Bangladesh. According to this investigation Sonali Bank scam involves over Tk. 5000 crores. Investigators found evidence of underhand dealings in the transfer of 70% shares of Warid Telecom to Airtel in early 2011. Using


Airtel at the front most of this transferred shares were in fact vested in the name of a close relative of a senior political leader of the country. The deal also illegally waived Tk. 4 billion transfer fee and deprived the public exchequer of that bounty.

The investigators also discovered that a team of Bangladesh Telecommunication Regulatory Commission (BTRC) officials have pocketed large kickbacks by allowing a number of Phone Companies to tamper records and evade taxes by showing lesser number of customers. But these are peanuts compared with the hepty kickbacks – estimated to be Tk. 60,000 crores that has changed hand while nominating three Interconnection Exchanges (ICX), 22 International Gateways (IGW) and a host of International Terrestrial Cable (ITC) by the BTRC. These deals needed prior commitment to and blessings from Senior Political leaders in power (Holiday, Sept. 14, 2012).

6.6 Accountability and TransparencyLack of accountability and transparency in the affairs of the state is considered to be a major impediment to effective governance. The governance system in Bangladesh is premised on secrecy and lack of accountability. These two factors combined together has made governance in this country inefficient, ineffective and expensive.

Though the political system is a Parliamentary one in theory, in reality it looks like a quasi – Presidential system. It has been appropriately observed that incomplete adjustment was made while changing it from a Presidential to a Parliamentary system (World Bank 1996:51). With the introduction of the Parliamentary system the levels of control enjoyed previously by the President were simply transferred to the Prime Minister resulting in the transformation of the office of the Prime Minister as an extremely powerful one (Khan 2001:81). Concentration of enormous power in the hands of the Prime Minister in particular and the executive branch in general has serious negative implication for accountability and transparency. The impact is evident everywhere. The chain of accountability in Public sector, stretching from the parliament to class four employees is weak and fuzzy; many of the links have been ruptured resulting in the inability to enforce financial contracts, stop theft in public enterprises or hold officials accountable for improper or delayed Judgments (World Bank 20011:viii). Traditional internal mechanism like hierarchy and supervision have mostly failed. It has been observed that failure of administrative accountability mechanisms have


contributed to indifferent and arrogant attitudes that most bureaucrats hold towards citizens in general.

6.7 Increasing Politicization of Public bureaucracy One of the pressing problems in governance today concerns the politicization of public bureaucracy and its effect on administrative performance. Politicization is used here in the sense of partisan interference of the political executive in the career practices of public servants.

The present government has created a record by making 505 officials Officer on Special Duty (OSD). These OSDs include three senior secretaries, 35 Additional Secretaries, 139 Joint Secretaries, 148 Deputy Secretaries, and 180 Assistant Secretaries.. This constitute about 13% of the bureaucracy and they are workless now. Besides, about 32% of the civil officials have been superseded by their junior officers purely on political consideration. The honest, skilled, patriotic and qualified officers are being neglected so much under this government that the civil and development administration have lost all their dynamism. Contractual appointment and supersession of meritorious officers vitiated the entire civil service thereby creating a sense of frustration in the rank and file of the offices. On the otherhand, the impertinence of the public officials at the helm of affairs has substituted their own wishes for those of the public. The general public went through series of shock waves one after another following the share scandal to start with. Then there was the Padma Bridge scandal followed by Hall mark, Destiny and ITCL (MLM scam) and Railway recruitment bribery unearthing the plundering network and exposing the government’s attempts to scuttle investigation. Proper investigation of corruption conspiracy in the Padma Bridge project as desired by the World Bank has been forestalled time and again allegedly to shield the main suspects – the former communication minister, the Pm’s Finance Adviser and her close relatives, (Holy Day, January 04, 2013)

VII. ConclusionThe state of governance in Bangladesh is in a dismal condition. Social political and economic governance suffer from stagnation and there is little sign of progress.

State resources and apparatuses are found to be frequently used for individual, family, group and party benefits at the cost of citizens and the state. Glorification of the leaders is constantly and deliberately promoted to thwart democratization in the workings of the major political parties and


enabling the leader to have unquestioned sway over party matters and governmental affairs. This tendency leads to distancing of the leader from the masses and makes her increasingly dependent on the advice of few close political and bureaucratic support staff. Among others this situation encourages a non-elected coterie to become extremely influential in the policy making and policy implementation process.

Parliament has become a farce and a forum for mud throwing. Sessions are held to adhere to legal requirements rather than allowing it to perform its designated role. Committees are powerless to implement their decisions and in some cases they misuse their authority in term of spreading scandals against political rivals. Many of the Parliament members are becoming increasingly involved in misappropriating government resources in the name of development activities.

The judiciary is in a precarious state. It has to perform its responsibilities without control over funds, appointment, transfer, posting and promotion of judicial officials at different levels. The system, nevertheless, has become highly corrupted. Separation of judiciary is there in papers but not in practice.

All the organs of the government have been vitiated by corruption. Many politicians, businessmen, professionals, civil servants and defence personnel are involved in corruption in one way or another. Interestingly everybody in public gathering talk against corruption and express solidarity to fight this menace, but nothing happens in reality. As a result a vicious cycle of corruption has created a class of extremely rich people who dominate politics and business in Bangladesh and continue to plunder the wealth of the country with great sufferings of the common masses.

Civil society dominated by the NGOs and some professional organizations remain weak, highly divided on political considerations and ineffective. A section of this society acts as the agent of corruption and change their colour to suit their own interests. Instead of fighting for the rights of the poor and disadvantaged to enable them to overcome deprivation and injustice they continue to seek favors from the government and the donor agencies in terms of power, position and wealth. Civil society at this stage is least bothered about the crisis in governance in this country.

Donor agencies, though highly critical of the state of governance, continue to support the government with occasional public lecture and criticism of some public policies and actions.


Their insistence of policy reforms has mostly been confined to giving sermons to political masters in this country. These sermons include reducing the size of public sector, privatizing public assets and resources, reducing subsidy on agricultural inputs, oil, gas, electricity etc. Theremby increasing their prices to bring them in line with world market, limiting the role of the state in only few sectors and liberalizing trade and encouraging market forces. But donors fail to realize the impact of such recommendation on the poor and consequently the country’s downtrodden suffer.

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Documents

Revie · Web viewSecular and Islamic Concept of Good Governance and its State in Bangladesh. M. Nurul Amin* Abstract: There is a consensus that good governance is significant for