No code of conduct for MPs despite two attempts

The Rules of Procedure of Parliament lay out how members of parliament (MPs) should perform their duties and conduct themselves inside the House. However, there is no separate law or code of conduct governing the ethical behaviour, conflicts of interest, responsibilities and accountability of elected representatives outside Parliament.

Two MPs, one during the BNP’s tenure and another during the Awami League’s tenure, introduced private members’ bills in the past with the aim of enacting such a law, but neither became law.

Calls for a law to regulate MPs’ conduct have emerged at various times following controversies involving individual lawmakers. Recommendations have also been made at different stages. Yet no effective initiative has so far been taken to introduce such a code or law.

The need for a code of conduct for MPs has again come under discussion following recent controversy surrounding Gazi Nazrul Islam, an MP from Satkhira-4 who was expelled from the Jamaat-e-Islami.

He was expelled from the party after a video showing him in a private moment with a young woman spread on social media. Gazi Nazrul Islam said at the time that the woman in the video, Mariam, was his second wife.

On 20 September, police recovered Mariam’s body hanging in a flat at the NAM Bhaban, opposite the Parliament building. Gazi Nazrul has been named as an accused in a case filed over abetment to suicide. He is currently in police remand.

Following the incident, Transparency International Bangladesh (TIB) last Tuesday called for a specialised and mandatory code of ethical conduct for elected representatives.

Those concerned say controversies over the activities of MPs are not new in Bangladesh. But in the absence of a separate law or code governing their ethical conduct and responsibilities outside Parliament, holding them accountable in such matters becomes difficult. There also appears to be a reluctance on the part of Parliament and those in power to enact such a law.

According to the Inter-Parliamentary union (IPU), the global organisation of national parliaments, many countries—including the United Kingdom, India, Pakistan, Bhutan and Sri Lanka—have codes of conduct for MPs.

Members of parliament other than ministers are private members. Bills introduced by the government are generally brought to Parliament by the relevant ministers. However, any member of Parliament, including a non-minister, can introduce a bill on any matter. Such legislation is known as a private member’s bill.

Although the government has never officially taken an initiative to enact a law concerning MPs’ conduct, two lawmakers have introduced private members’ bills on the issue.

In 2010, Saber Hossain Chowdhury, then an Awami League MP, introduced the ‘Members of Parliament Conduct Bill’ in the ninth Parliament. In March 2011, the Parliamentary Standing Committee on Private Members’ Bills and Private Members’ Resolutions recommended that the bill be passed.

However, it ultimately did not become law during the tenure of the ninth Parliament.

According to relevant sources, the bill proposed several provisions concerning MPs’ ethical standards, responsibilities, conflicts of interest and financial disclosures, as well as the formation of a parliamentary ‘Ethics Committee’.

The parliamentary committee’s recommendation in favour of passing the bill said MPs hold a dignified position as representatives of the people. Their responsibilities and duties in establishing people’s rights and contributing to the country’s development are immense.

If MPs were also required to remain accountable to the public alongside fulfilling their duties and responsibilities, their honour and dignity would be enhanced.

The recommendation noted that many developed countries—including the House of Commons in England, India’s Lok Sabha and Rajya Sabha, the Canadian Parliament and the South African Parliament—have codes of conduct for lawmakers.

It said Bangladesh also needed such a law to reflect MPs’ responsibilities towards the people. It added that people expect their representatives to contribute to the country’s development and maintain good conduct.

Earlier, during the BNP’s tenure, BNP MP Abdul Mannan had given notice of a private members’ bill in the eighth Parliament in 2003, parliamentary affairs researcher and supernumerary professor at Chittagong University Nizam Uddin Ahmed told Prothom Alo.

Titled the ‘The Member of Parliament (Code of Conduct) Bill-2003’, the bill was notified in June that year. After being sent to the relevant committee for scrutiny, there was no further progress on it, according to available information.

Even after the ninth Parliament, calls and recommendations for such a law have emerged at different times.

In 2012, the then Awami League government included the formulation of a code of conduct for MPs as one of the objectives of its National Integrity Strategy. However, no formal initiative was taken to implement it.

During the interim government led by Professor Muhammad Yunus, the Electoral Reform Commission also recommended enacting a ‘Members of Parliament Conduct’ law.

Meanwhile, the July National Charter, prepared through discussions with 30 political parties, contains a related proposal. However, it does not directly recommend introducing a code of conduct for MPs. The July Charter recommends defining, through legislation, the special privileges of parliamentary committees and members, the limits of those privileges and their responsibilities.

Asked whether any initiative would be taken to introduce a law or rules concerning MPs’ conduct, Chief Whip of Parliament Nurul Islam Moni told Prothom Alo that there had been no specific discussion on the matter so far.

However, if everyone wants, there can be a code of conduct for MPs.
He believes MPs should be a mirror of society. People will learn by observing them, just as people are learning many things by observing the current prime minister, Tarique Rahman, he said.

People do not expect an MP to commit wrongdoing, he added.

In 2012, TIB published a research report titled ‘Review of the Positive and Negative Roles of Members of the Ninth Parliament’. It found that 144, or 97 per cnet, of the 149 MPs included in the study had been involved in one or more negative activities.

These included allegations of influencing administrative activities, controlling educational institutions, misusing development allocations, involvement in various criminal activities, influencing government procurement processes and violating electoral laws. The report recommended enacting a law on MPs’ code of conduct.

This time, TIB described the Gazi Nazrul case as an exceptional example of ethical misconduct by an MP.

In a statement last Tuesday, TIB Executive Director Iftekharuzzaman said, “Unfortunately, information about ethical misconduct by MPs has repeatedly been published and discussed in various research studies and evidence-based media reports based on reliable sources at the local level. But no effective measures have been taken to address the issue.”

Parliamentary affairs researcher and Chittagong University supernumerary professor Nizam Uddin Ahmed told Prothom Alo that although two MPs had previously introduced private members’ bills, neither became law.

He said it seems MPs are not interested in drawing a line for themselves. They make laws for everyone, but do not want to do so in their own case. Various countries around the world have laws or codes of conduct for MPs. Bangladesh also needs such a code of conduct.