The Anti-Corruption Commission (ACC) has the potential to be a transformative force in the fight against corruption.
However, achieving this potential will require concerted efforts to address political influence, legal constraints, resource limitations, and public distrust.
Through targeted reforms—such as granting prosecutorial powers, increasing resources, enhancing transparency, leveraging technology, and building international partnerships—the ACC can become a more capable and trusted institution.
While these reforms may face political resistance, strong leadership and public demand for transparency could pave the way for meaningful change.
With a strengthened legal framework, dedicated resources, and genuine political support, the ACC could play a crucial role in promoting accountability and integrity across Bangladesh, helping to create a governance environment that discourages corruption and rewards transparency.
The interim government formed a reform commission headed by Dr Iftekharuzzamn, executive director of TIB to reform the ACC. The reform commission will suggest their view to reform the ACC.
Political Influence and Dependency on Government Approval
The political influence on the ACC has long been one of the most significant hurdles to its effectiveness.
While the ACC was designed to operate independently, it often requires government approval to initiate investigations, especially against senior public officials.
This dependency has led to accusations of selective justice, as cases against ruling party members are perceived to be handled differently compared to those involving opposition figures.
This political interference undermines the ACC’s credibility as an impartial body, discouraging public cooperation and fueling perceptions that the commission serves political interests rather than the public interest.
To overcome amendment of the ACC Act necessary to ensure genuine independence.
Eliminating requirements for government approval in sensitive cases would strengthen the commission’s autonomy.
Additionally, establishing a nonpartisan oversight body to review high-profile cases could further shield the ACC from political influence.
Lack of Institutional Capacity and Resource Limitations
The ACC’s capacity constraints are another significant factor that hampers its operations.
The commission often faces budgetary restrictions, inadequate staffing, and a lack of advanced forensic and investigative tools.
Given the complexities of corruption cases, especially in areas such as money laundering and large-scale embezzlement, this lack of resources severely limits the ACC’s effectiveness.
Without sufficient funding and human resources, the ACC struggles to carry out comprehensive investigations, affecting its ability to prosecute high-profile cases.
Limited capacity also restricts the commission’s ability to conduct proactive operations to prevent corruption.
Potential Reform in this regard require increased funding and specialised training.
Boosting the ACC’s budget could help the commission hire and train investigators with expertise in financial forensics, data analytics, and international law.
Additionally, investing in technology, such as data analytics and digital forensic tools, would enable the ACC to tackle sophisticated financial crimes more effectively.
Legal Framework and Constraints on Prosecution
The ACC’s legal framework often limits its operational capacity.
While the commission can investigate cases, it lacks the authority to prosecute independently and must rely on the government’s legal apparatus.
This arrangement can slow down the legal process, as the commission has limited influence over how cases are handled once they enter the judicial system.
Legal dependencies and procedural delays reduce the deterrent effect of the ACC’s actions, leading to lengthy trials and low conviction rates, which fail to discourage corrupt practices.
For this prosecutorial authority to the ACC is essential.
Allowing the ACC to handle prosecutions for cases within its jurisdiction would streamline the legal process, leading to faster case resolutions and potentially higher conviction rates.
A dedicated anti-corruption court could also help expedite case processing.
Judicial System Delays and Low Conviction Rates
Corruption cases in Bangladesh’s judicial system can take years to resolve, with many cases languishing in court for extended periods.
The slow pace of trials not only allows corrupt individuals to evade justice but also diminishes the ACC’s credibility, as the public perceives it as ineffective in delivering timely justice.
Judicial delays create a backlog of corruption cases, while the low conviction rates erode public trust in the ACC and the overall judicial system.
High-profile offenders often use their resources and influence to prolong cases, leading to prolonged impunity.
To overcome introducing fast-track mechanisms for corruption cases is necessary.
Establishing special anti-corruption courts with streamlined procedures could help reduce case backlogs and expedite trials.
Additionally, training judges in financial crimes and anti-corruption law would increase the efficiency and quality of adjudications.
Weak Public Engagement and Limited Transparency
The ACC’s effectiveness is partially dependent on public engagement.
However, there is a general reluctance among citizens to report corruption due to fear of retaliation, doubts about the ACC’s impartiality, and a lack of transparency in how cases are handled.
The commission’s communication strategies have also been limited, with minimal public outreach and limited transparency regarding case outcomes.
When the public lacks trust in the ACC, fewer corruption cases are reported, leading to missed opportunities for the commission to investigate wrongdoing. Limited public engagement further reinforces the perception of the ACC as an ineffective institution.
In this regard enhancing transparency and public outreach is mandatory.
Establishing a public reporting platform, where citizens can anonymously report corruption incidents, could boost public engagement.
Additionally, publishing quarterly or annual reports on case statistics and outcomes would demonstrate the ACC’s commitment to accountability and could help build public trust.
Weak International Cooperation
Corruption often has international dimensions, particularly in cases involving money laundering and illicit financial flows.
The ACC’s capacity to investigate such cases is limited by its lack of established networks and cooperation agreements with international anti-corruption agencies.
Without strong partnerships, tracing and prosecuting overseas financial transactions becomes nearly impossible.
Limited international cooperation hampers the ACC’s ability to address cross-border corruption, allowing corrupt officials to hide illicit assets overseas.
Build international partnerships and align with global standards required for international cooperation.
Strengthening ties with global anti-corruption organisations, such as Interpol and the UN Office on Drugs and Crime, would enable the ACC to pursue cross-border cases more effectively.
Adopting best practices from successful anti-corruption agencies in countries like Singapore or Hong Kong could provide useful frameworks for reform.
In conclusion, meaningful reforms of the ACC are essential to strengthen its role in combating corruption effectively.
To enhance accountability, transparency, and independence, the ACC must prioritise building a framework that protects it from political influence, ensures rigorous oversight, and increases operational efficiency.
By adopting robust investigative techniques, leveraging technology, and establishing clear protocols for handling high-profile cases, the ACC can more confidently pursue cases without fear or favour.
Additionally, fostering a culture of integrity within the organisation itself, along with adequate training and resources, is vital to restoring public trust.
With a strong commitment to these reforms, the ACC can become a more proactive and effective guardian against corruption, contributing to a fairer and more just society.
