Genuine reform derailed as interim govt bows to reform-resistant forces and a section of bureaucracy: TIB

The much-desired goal of transitioning from an authoritarian kleptocracy to democracy, envisioned in exchange for unprecedented sacrifices, has been derailed due to the institutionalisation of reform reluctance and bureaucratic dominance in the various legal and institutional reform initiatives undertaken by the interim government, Transparency International Bangladesh (TIB) has stated.

In addition, except for a handful of instances, ordinances have been enacted unilaterally without engaging stakeholders, the organisation further said.

TIB made these observations at a press conference organised to mark the release of its review titled “The Interim Government’s Reluctance to Pursue Reforms in Ordinance Formulation.”

At a press conference held at TIB’s Dhanmondi office on Monday, the organisation presented its observations based on a review of eight ordinances adopted by the interim government.

These ordinances are: the Anti-Corruption Commission (Amendment) Ordinance; Police Commission Ordinance; National Human Rights Commission Ordinance; Public Audit Ordinance; Revenue Policy and Revenue Management Ordinance; Cyber Security Ordinance; Personal Data Protection Ordinance; and National Data Governance Ordinance.

The review noted that despite forming 11 reform commissions, a National Consensus Commission, multiple white paper committees, several reform committees, and a Commission of Enquiry on enforced disappearances, and despite inviting the United Nations to investigate killings and widespread human rights violations committed by the authoritarian government during the July uprising, the government has overall failed to initiate the expected level of transparency and qualitative change in the reform process.

The observation was presented by TIB executive director Iftekharuzzaman. The press conference was also attended by TIB’s adviser–executive management professor Sumaiya Khair and director of research and policy Muhammad Badiuzzaman.

The press conference was moderated by director of outreach and communication Mohammad Tauhidul Islam.

Referring to the government’s surrender to the vested interests of powerful sections of the bureaucracy on the question of reform, Iftekharuzzaman said, “The interim government has failed to resist reform-resistant groups. As a result of surrendering to these forces, many important recommendations have been discarded and numerous reform-contradictory decisions have been taken. Even negative precedents have been created through unjustified violations of the July Charter, which future governments may also follow. In particular, the government’s submission to the subversive vested interests of a section of the bureaucracy has caused the reform agenda to go off track.”

Referring to the government and ACC’s failure to give due importance to the recommendations of the ACC reform commission, the TIB executive director said, “The most crucial strategic recommendation, the establishment of an independent selection and review committee, for ensuring both the full independence and accountability of the ACC has been deliberately excluded. In this regard, there was no disagreement among the highest authorities of the ACC, and, in line with the July Charter, all political parties had reached a consensus without any note of dissent—facts that were well known to both the government and the ACC.”

“Those who do not want increased ACC activity to curb bureaucratic, administrative, and political corruption are the ones opposing this reform. Therefore, it is not unreasonable to conclude that the ACC and the interim government have surrendered to a section of bureaucratic power,” he stated.

Iftekharuzzaman pointed out that although the ordinance identifies corruption-related offences as non-cognisable, the inclusion of self-contradictory provisions within the same article—by allowing scope for compromise in the name of confession—has created the risk of opening the floodgates to the protection of corruption.

In the review, Iftekharuzzaman said, “Through the enactment of the Police Commission Ordinance, the long-cherished dream of forming a people-oriented force has been completely shattered. The ordinance does not even include the terms ‘independent and impartial.’ The provision to include the cabinet secretary and the home secretary in the selection committee instead of citizen representatives, along with granting the government the authority to appoint serving public officials, essentially turns the Police Commission into a resort for the continued abuse of power by the ruling government and retired police and administrative officers.”

“While the inclusion of law enforcement agencies, the armed forces, intelligence agencies, and relevant detention facilities under the purview of the National Human Rights Commission is a milestone, the last-minute inclusion of the cabinet secretary in the selection committee—without stakeholder consultation—has been added. A single provision is sufficient to establish government authority over the commission. Furthermore, the ordinance broadly allows the deputation of government officials, which poses a risk to the commission’s ability to operate independently,” he added.

The review notes that the strategic recommendations essential for ensuring the full independence of the ACC have not received the expected importance from either the government or the ACC.

In particular, vesting the authority to nominate opposition party representatives to the selection committee with the Speaker, transferring the authority to select Bangladeshi citizens from the chief justice to the president, and increasing the experience requirement for commissioner appointments to 20 years indicate protection of the interests of specific vested quarters.

The removal of the provision to publish the names of shortlisted candidates, along with the failure to reflect strategic recommendations such as establishing a separate Integrity Unit to address internal corruption within the ACC, will further exacerbate the commission’s accountability deficit and the public trust crisis.

In addition, excluding private-sector corruption from legal coverage and allowing broad scope for sentence reduction upon confession runs entirely contrary to the principles of anti-corruption.

The presentation also noted that the Public Audit Ordinance does not provide for auditing revenue assessment and collection. It imposes a requirement to seek government advice and prior approval in agreements with international organisations, in reports of the Comptroller and Auditor General, and in rule-making.

Similarly, short-sightedness in the formulation of the Revenue Policy and Revenue Management Ordinance has created concerns about potential disruptions to financial accountability.

In particular, TIB has identified the government’s failure to develop the National Board of Revenue as an autonomous agency in line with international best practices as evidence of inadequate preparedness.

According to it, although the Cyber Security, Personal Data Protection, and National Data Management Ordinances include some timely positive provisions—such as banning online gambling or regulating data management—they collectively allow state agencies unrestricted access to citizens’ personal data without judicial safeguards.

This effectively establishes a legal framework for maintaining a surveillance-based governance system under the guise of protection.

At the press conference, TIB further pointed out that there has been no visible progress on the recommendations of the media, health, women’s affairs, labour, and local government reform commissions, or on the white paper regarding Bangladesh’s economic situation.

Critical sectors such as education and agriculture were excluded from reform prioritisation without any clear institutional strategy, it added.