Welcome to 2nd Session of

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Welcome to 2nd Sessionof
Bangladesh Development Forum-2004 Dhaka, May 9,
2004
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Subject- Promoting Good Governance and Human
Security
Presentation  By  Moudud Ahmed  Minister for Law,
Justice Parliamentary Affairs Government of the
People's Republic of Bangladesh
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Governance

• The preconditions of good governance
• Duly elected government and a Parliament
• Free Press
• Independent Judiciary
• Guarantee of all fundamental rights
• Energetic Private sector
• Active NGOs

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Achievements

• Here are some of our achievements
• Table - 1

1972 2003
Population growth rate 3.40 1.48
Food production 9.5 Million tons 26 Million tons (Near self sufficiency)
People living below poverty line 78 48
Life expectancy 43 years 62 years
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• Table - 2

2003
Infant Mortality Rate (per thousand) 110 (1985) 52
Fertility Rate (birth per woman) 6.3 (1985) 3.3
Primary school enrolment rate 88.9 (One of the highest in the developing world)
Ratio of Boys to Girls in primary and secondary education 102
Child immunization 80-90 (2002-03)
Drinking water 95
Number of micro-credit women borrowers 12 millions
Troops served in international peace keeping (UN Missions) 44000
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1. Government strategy to end confrontational
politics and bring Opposition into Parliament

• The present government is committed to end
  confrontational politics in the country.
• It enjoys the support of 219 Members against the
  combined opposition of 81 including 60 belonging
  to the Awami League.
• Awami League absent from the Parliament for 19
  months out of 30 months and absent from
  Parliamentary Committees for the whole period.
• 32 days of hartal in last 30 months.
• Despite the destructive politics, the government
  is going to achieve the GDP growth rate target of
  5.5.
• Government efforts and gestures
• - Repeated invitations
• - Recognition of the two leaders in the
  Constitution
• - Independence Award for Sheikh Mujibur Rahman
• Government will continue to make endeavours to
  bring the opposition to Parliament.

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2. Strategy to improve transparency

• The Government of Bangladesh is committed to
  ensure optimum possible transparency in public
  administration as well as overall governance.
• Three private television channels are now
  operating in Bangladesh.
• Press in Bangladesh enjoys full freedom to
  publish news and views.
• The Government passed the Anti- Money Laundering
  Act, 2002. This law is a major step towards
  combating black money.
• Government enacted, through Parliament, the
  Anti-Corruption Commission Act, 2004.

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3. Improving Government accountability to
Parliament and Public for better performance
and service delivery

• A total of 50 Parliamentary Committees are there,
  of which 39 are committees on the ministries of
  the Government and 11 are Standing Committees.
• The Committees are chaired by Members of
  Parliament and not by the Ministers.
• The proceedings of the Parliament and the powers
  and functions of its committees are regulated by
  the Rules of Procedure of the Parliament.

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4. Strategy and plans for decentralization and
development of Local Government bodies
particularly at the upazila level

• Elected local government units are
• - Union Parishad
• - Pourashava
• - City Corporation
• Apart from that, further down, Village
  Governments (Gram Sarker) have been constituted
  in every village to involve peoples
  participation at the grass roots level.
• Zilla Parishad not elected.
• Upazila Parishad not elected opposed by Members
  of the Parliament.

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5. Government's strategy for comprehensive
governance action against corruption

• The present Government is firmly committed to the
  principles of accountability and transparency in
  all spheres of public administration.
• In view of that, the Government enacted through
  the Parliament the Anti-Corruption Commission
  Act, 2004.
• The salient features of the law are
• gt The Commission will be independent.
•       gt An independent committee will select the
  Members of the Commission.
•       gt President will appoint its Members upon
  selection and recommendation by the Selection
  Committee.
•      gt The Commission will have financial and
  functional independence.
•      gt No sanction from the Executive will be
  needed to prosecute for corruption
•      gt The Commission will investigate into
  offences as well as prosecute the offenders by
  its own prosecutors.
•       gt The Members will have fixed tenure.
• gt The Members will be ineligible for
  re-employment in the service of the Republic
  after expiry of tenure.

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6. Progress on Government priorities for public
administration reform

• Accountable behaviour
• Performance standard
• Merit-based promotion
• Inter-cadre discrimination
• Women in administration
• Use of training
• Use of Information and Communication Technology
  (ICT)

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7. Police and security Implementation of
planned reforms in the police

• Total strength of police personnel 1,15,465
• Police population ratio 11350 in
  Bangladesh.
• 1 728 in India
• 1 625 in Pakistan.
• Proposed new recruitment 19,277.
• Emphasis given on
• - Rapid Action Battalion (RAB)
• - Training
• - Police Academy
• - Logistics
• - Budget

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8. Strategy for delivering law and justice
andseparation of the judiciary from the
executive
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A. Separation of Judiciary

• A cabinet committee has drafted 4 draft Rules and
  has drafted on the amendment of the relevant law
  (Criminal Procedure Code) to complete the process
  of separation.
• A major step has already been taken by
  implementing one of the 4 draft Rules under which
  the Judicial Service Commission has been
  constituted and it has already started
  functioning.

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B. Reforms in Criminal Justice Delivery System

1. Speedy Trial of Criminal Cases
2. Speedy Trial Courts
3. Speedy Trial Tribunals
4. Monitoring Cell Regarding Criminal Cases
5. Amendment of section 35A of the Code of Criminal
   Procedure
6. Independent Investigation Unit
7. Permanent Public Prosecution /Attorney Service

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Speedy Trial Courts

• The Law became effective from 10 April, 2002.
• The courts have disposed of a total of 3312 cases
  up to 01 May, 2004.

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Speedy Trial Tribunals

• The Speedy Trial Tribunal Act has been effective
  from 24 October 2002.
• Since then up to 29 April 2004 the Speedy Trial
  Tribunals have disposed of 352 cases. 734 accused
  persons have been found guilty and sentenced to
  imprisonment of different terms including death
  sentences in 282 cases out of 352.

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C. Acid Control and Punishment of Offences

• Acid Control Act, 2002 and the Acid Offences Act,
  2002 were enacted and enforced.
• Under the Acid Control Act, 2002 provision has
  been made to require license for use, possession,
  export, import, and production etc. of acid.
• Unauthorized use, possession, export, import,
  production etc. of acid are now strictly
  controlled.

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D. Reforms of Civil Justice Delivery System
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(i) Introduction of Alternative Dispute
Resolution (ADR) Mechanism

• 2189 suits have been settled through the ADR
  process of mediation over a brief period of only
  seven months from July 01, 2003 to February 10,
  2004.

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(ii) The Code of Civil Procedure (Third
Amendment) Act, 2003

• Different provisions of the Code of Civil
  Procedure have been amended.
• gt Cost for false case or defense
• gt Cost for delayed petitions etc
• gt Revision
• gt Suits in Peremptory Hearing (PH) Reduced
• gt Restrictions on Temporary Injunction

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E. Protection of Human Rights
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(a) Legal Aid Service

• Legal aid services have been activated under the
  Legal Aid Act, 2000.
• Under the Legal Aid Programme, private lawyers
  are being engaged to press and conduct the jail
  appeals in courts.
• One special Bench has been constituted in the
  High Court Division to hear only jail appeals.
• Till now legal aid has been given in 8208 cases,
  in 100 jail appeals and 150 foreign prisoners.
• 3 Benches are hearing death reference cases in
  the High Court Division for quick disposal.

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(b) Jail Reforms

• At present the total accommodation capacity in
  prisons of the country is 26,500. But 70,000
  prisoners are there.
• A Cabinet Committee consisting of seven Ministers
  is working for jail reforms on a priority basis
  based on a report of a Commission earlier
  constituted by late President Ziaur Rahman.

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(c) Human Rights Commission

• The present Government gives highest priority to
  strengthen and protect human rights.
• A Cabinet Committee has finalized the draft of
  Human Rights Commission Bill, which is now
  pending for final consideration of the Cabinet.
• Once the Cabinet approves it, it will go to the
  Parliament for its consideration.
• The Government has undertaken a preparatory phase
  project titled "Strengthening the National
  Capacity to Protect and Promote Human Rights"
  with the assistance of UNDP.

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(d) Office of Ombudsman

• The Law to establish an office of Ombudsman was
  made in 1980.
• The present Government, soon after it took
  office, made the law effective from 6th January
  2002 by a gazette notification.
• A Cabinet Committee has been constituted to
  scrutinize and update the law.
• The matter is now under consideration of the
  Cabinet Committee.

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F. The Anti Money Laundering Act, 2002

• The present government has enacted the Anti Money
  Laundering Act, 2002.
• Bangladesh Bank has been given the responsibility
  and power of investigation of offences.
• The Sessions Courts shall try the offences under
  the Act. Court may sentence one found guilty to
  imprisonment and fine and may also direct his
  property to be forfeited.

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G. The Money Loan Court Act, 2003

• The enactment of the Money Loan Court Act, 2003
  is a significant reform in the Civil Justice
  Delivery System.
• About 40,000 money loan cases were pending in
  general civil courts involving about Taka 10,000
  crore.
• A total of 7,598 suits and 7,676 execution cases
  have been disposed of in the Money Loan Courts
  and an amount of Tk.710.70 crore has been
  recovered in the meantime over a period of ten
  months till 29 February, 2004.

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H. Public Safety (Special Provisions)
Act-2000

• This repressive anti human rights Law was widely
  abused by the previous Government.
• Twenty six thousand political opponents were put
  in jail under this Law.
• According to its pre-election commitment, the
  present Government has repealed the law by
  enacting Public Safety (Special Provisions)
  (Repeal) Act-2002.

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I. Establishment of Regular Courts in Hill
Districts

• The Chittagong Hill Tracts Regulation
  (Amendment) Act, 2003 has been enacted to
  establish District Sessions Judge Courts in the
  three hill districts.
• After establishment of the said courts in
  these districts
• People seeking justice will be able to save money
  as well as time. They wont have to come to
  Chittagong from distant places with great
  hardship for filing suits.
• Peoples of the three districts will have their
  long desired demand fulfilled.
• This will create greater national integrity and
  cohesion.
• This will bring a great change indirectly in
  social and economic development of the country.

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J. Legal and Judicial Capacity Building
Project

• The project is designed to address two broad
  critical areas and issues, namely.-
• a. Legal Capacity Building and
• b. Judicial Capacity Building.
• The total estimated cost of the project is Tk.
  228.75 crore.
• The project is financed by the World Bank,
  Canadian International Development Agency (CIDA),
  Danish International Development Agency (DANIDA)
  and the Government's own resources.
• Under the project fundamental reforms will be
  introduced to improve case management, court
  administration and technological inputs.

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9. Enactment of Laws

• The present Parliament has so far enacted a total
  of 92 laws, of these some important ones are
  named below
• (1) The Acid Control Act, 2002 (Act 1 of 2002).
• (2) The Prevention of Acid Offences Act, 2002
  (Act 2 of 2002).
• (3) The Public Safety (Special Provision)
  (Repeal) Act, 2002 (Act 6 of 2002).
• (4) The Prevention of Money Laundering Act, 2002
  (Act 7 of 2002).
• (5) The Law and Order Contravening Offences
  (Speedy Trial) Act, 2002 (Act 11 of 2002).
• (6) The Safe Blood Transmission Act, 2002 (Act
  12 of 2002).

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• (7) The Speedy Trial Tribunal Act, 2002 (Act 26
  of 2002).
• (8) The Code of Civil Procedure (Amendment) Act,
  2003 (Act 4 of 2003).
• (9) The Money Loan Court Act, 2003 (Act 8 of
  2003).
• (10) The Bangladesh Energy Regulatory Commission
  Act, 2003(Act 13 of 2003).
• (11) The Code of Criminal Procedure (Amendment)
  Act, 2003 (Act 19 of 2003).
• (12) The Code of Civil Procedure (Third
  Amendment) Act, 2003 (Act 40 of 2003).
• (13) The Anti Corruption Commission Act, 2004
  (Act 5 of 2004).

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