Tuesday, September 20, 2011

Political Corruption Takes Alarming Shape in Bangladesh’s Educational Institutions

The Education Ministry, director general (GD) office and education boards in the country have been failing to play an effective role in removing the long-persisting corruption, irregularities and mismanagement. Rather political corruption has taken an alarming shape in educational institutions.
The managing committees and governing bodies are virtually running the private educational institutions. But their corruption and irregularities at this moment are the main problem of the country's schools and colleges. Huge numbers of educational institutions have been running by controversial committees year after year.
It has been revealed through inquest that various irregularities are going on at different educational institutions for a long time. The concerned officials of the ministry, DG offices and the boards are committing the irregularities in nexus with the managing committees, governing bodies, principals of the colleges and headmasters of the schools. The written policies and guideline framed for a smooth running of the institutions have remained in pen and paper only.
Political Committees in Root of Corruption
The managing committees and governing bodies of all private educational institutions are supposed to be constituted in combination of local learned and amicable persons, real guardian of the students and teachers. But in violation of the normal practice most of the committees have been formed with politically influential people of the respective localities. Most members of the committees lack required educational qualification and are devoid of honesty. Controlling admission trade, recruitment trade and construction are the main business of the committees. They have made the educational institutions one of the main sources of their fortune building.
The inquest further reveals that political infiltration in running the educational institutions is the main cause of the existing anarchy and sorry state of the schools and colleges. Apart from political reasons, hundreds of teachers and employees, including principals and vice principals of the schools and colleges have been driven out of the institutions due to corruption, looting, mismanagement, violence and conflicts. In many organizations irregularities are going on through the collaboration of corrupt committees and principals. The principals, who raise voice against corruption, are removed from the institutions.
According to the present provision, a member of parliament (MP) by dint of his position can be the chairman of managing committee or governing body of a maximum of four educational institutions in his constituency. And as a result, the entire committees are formed politically. Besides, activities at all educational institutions situated in the constituency are run under the directives and influence of the concerned MP. It is seen that in appointing of patrons of education to the committees dishonest and illiterate persons are nominated under political consideration in place of educated and honest persons. At some institutions committee members in the quota of guardian are elected from those people, who have not any children studying in the schools and colleges. Many of them are becoming managing committee or governing body members in the guardian quota whose sons and daughters virtually do not study in the organizations. They are becoming elected guardian member of the committees under political patronization without being guardians.
For example, one Ghulam Ashraf Talukdar was elected to guardian member of Ideal School and Collage Governing Body on 5 June 2009 and at that time he had no children studying in the institution. But nothing could prevent him becoming the committee member as he was the president of Motijheel Thana unit of the ruling Awami League. In an investigation, Dhaka Education Board found proofs of allegation against him, but could not take any action.
Similarly, genuine and efficient teachers are not elected to the committee as teachers' representative. And this way the country's secondary and higher secondary level educational institutions are run by inefficient and corrupt committees.
It has been known through investigation that many members of the governing bodies do have any known sources of income or occupation. Becoming a member of the committee is their occupation and source of income. Some of them are becoming members of more than one institution. And some others remain members of the committees for life long. For example: one Jahirul Alam had been a governing body member Dania AK School and College in the capital for more 45 years. He had no source of income. Jahirul Alam had been the patron of education and guardian member of managing committees of two educational organizations- Dania University College and Dania Ideal High School. A good number of people in the locality have formed a clique to maintain special relations the managing committees of the institutions. The clique is involved in construction work, admission trade and recruitment trade in relations to the organizations.
Despite Investigation Accused Remain Untouched
Corruption by principal, managing committees and governing bodies at hundreds of educational institutions across the country have been proved in investigations by the inspection and audit director of the education ministry, education boards and Education Directorate. Despite finding proofs of corruption and irregularities against the accused, those principals, teachers and managing committee members have remained untouched so far. For example: An allegation about enrolling 518 students in 2007 against the principal of Ideal School in the capital Dhaka, Shahan Ara, was proved in the investigation. On recommendation of the education ministry in 2008 and during the last caretaker, she was sacked from the job by Kazi Aminul Islam, the then secretary of the Prime Minister's office, who was also chairman of the governing body of the school, as more allegations of corrupt practices were proved against her. But with the political changeover taking place in the country she got back her job in 2009. Allegations are also rife that Principal Shahan Ara has again resorted to admission and recruitment trade at the school as she got back her job managing different quarters in exchange for huge money.
The school sources said the last election to the governing body of Ideal School was held in 2001. And since then an ad-hoc committee has been running the school. Allegations are rife that this ad-hoc committee is in the root of all corruption at the school.
Various sources have confirmed that a section of officers at Dhaka Education Board has their hands behind in retaining the ad-hoc committees at different institutions year after year. The tenure of the governing body of another renowned educational institution in the capital Dhaka- Viqarunnesa Noor School and College- was expired in 2010 (as per the new circular issued by the government). The education board at last dissolved the committee recently under instruction of the education ministry as a sequel to the scandal involving its teacher Parimol. But the board and education ministry did not take any step in this regard despite functioning of the illegal committee for a long time. Rashed Khan Menon MP was the chairman of Viaqarunnesa Noon School and College Governing Body. He was the chairman of Ideal School Governing body.
The governing board of Dania College in the capital sacked its Principal Shahadat Hossain as proofs of allegations of corruption and irregularities were found in three investigation report of the education ministry and one by the National University. But after Dhaka Divisional Commissioner Mahfuzur Rahman becoming chairman of the governing body of the school, Shahadat Hossain was reinstated to his earlier position through a unilateral decision bypassing the governing body. And accordingly Shahdat Hossain broke open the door of the chamber of the principal and captured the room.
Apart from Dania College, allegations were raised against Mahfuzur Rahman for his controversial activities while performing the responsibilities of the chairmen of the governing bodies of Tejgaon University College and Siddheswari University College. After the transfer of Mahfuzur Rahman, Iqram Ahmed became the new commissioner of Dhaka Division. By dint of his official position, he became the chairman of the governing body of Dania College to give legal coverage to Principal Shahadat Hossain. Subsequently Additional Divisional Commissioner A K M Murtaza got the responsibility of the new chairman of the college. He refused accept Shahadat Hossain and made Khadem Ashraful Alam the acting principal of the college as per the decision of the governing body.
Following this incident, A K M Murtaza, in face of threat from threat from one Abul Hossain, who claimed himself a major of Bangladesh Army, filed a general diary with the concerned police station and resigned from the post of the chairman. Subsequently Dhaka University Professor Dr Zahidul Islam was given the responsibility of the chairman of Dania College. There is an allegation that Shahadat had made arrangement to make another Dhaka University Professor Mosharraf Hossain the chairman of the governing body of the college by removing him from the post through fraudulence means by managing the National University. During the tenure of Mosharraf as the chairman of the governing board, Shahadat made arrangements for giving legal coverage to all illegal activities and driving out teaches against him, stopping salaries and allowances and harassing the teachers. He sacked seven teachers and three employees from the college without any investigation.
After assuming power by the present government, local MP Habibur Rahman Mollah became the chairman of the governing body of Dania Collage. Being an MP of the opposition party, Mollah in 2001 submitted recommendations to the National University authorities to conduct an investigation into huge corruption and irregularities committed by Principal Shahadat Hossain. Shahadat was sacked from the post of the principal of the college in 2003 in line with the investigation demanded by the MP. But the interesting matter is that Habibur Rahman Mollah again becoming an MP of ruling the party took stance in favor of Shahadat Hossain and wrote a letter to the National University on the official pad of the parliament for stopping investigation against him.
Ministry, Boards, DG Office Indifferent
It seems the education ministry, education directorate and education boards have no responsibilities in controlling this irregularities and anarchy by the managing committees of the schools and colleges. They feel relief by shifting all the responsibilities on running the private educational institutions to the managing committees and governing bodies. But these committees have now turned into the centers of all corruption. The education ministry, boards and DG office have specific responsibilities for a smooth running of the private educational institutions. But they are not performing the responsibilities. The inspection and audit directorate of the education ministry, inspection section of the education boards and the DG office have prescribed responsibilities in this regard. The inspection and audit directorate of the ministry is assigned to monitor whether the managing committees are complying with the instructions of the government. But the ministry, boards or DG office very seldom perform their duties. They take initiatives for investigation only when big scandals take place at the institutions. Apart from that they do not take any initiative to bring the institutions under monitoring or accountability throughout the whole year. The government is spending billions of taka every year in different sectors of the private schools and colleges, including MPO and construction. But in relations to their assigned responsibilities, the ministry and other responsible government organizations are not ready to deliver.
Anarchy in Villages’ Educational Institutions
Ataur Rahman was the principal of Mominpur College at Natore district headquarters. After assumption of power by the present government, the local ruling party leaders drove him out from the college issuing death threat. The responsibility of the principal of the college was given to Assistant Headmaster of Dhopapara High School Abul Kalam Azad. Local upazila (subdistrict) executive officer, who was the chairman of the governing body, described him as an illegal principal and informed the matter to the education board. But the education board did not take any action in this regard. Following filing of a lawsuit by Principal Ataur Rahman, Abul Kalam Azad was compelled to leave the college. Subsequently college teacher Shreemon Narayan got the responsibility of the principal. By this time the tenure of the upazila executive officer was expired. One Jalal Uddin Mridha has been made the chairman of the governing body on the basis of a DO letter from the local MP Ahad Ali Sarkar. Allegations of adopting fraudulence means in running the affairs of the college, including recruitment, have been raised following formation of the managing committee under his leadership.
Imdadul Haque has been a teacher of Satkhira City College since in 1983. He was appointed to the post principal of the college in 2003 through competitive examination. Mukesh Chandra, chairman of the governing body of the college, sacked him on 19 April 2010. Some allegations were raised against Principal Imdadul Haque in internal audit report. He was asked reply the allegation within 18 April 2010. The principal said submitted the reply to Mukesh Chandra on time and he has proofs in this regard. Despite that Mukesh Chandra called a meeting of the governing on 19 April and sacked him from job on charge of not submitting the reply. At the same time one teacher of the college -- Abu Ahmed -- was given the responsibility of the principal. Abu Ahmed was at that time on retirement. As per the rules promulgated by the National University in 2008, in absence of the principal, the vice principal and his absence one senior teacher of the college will get the responsibility of the principal. But under political consideration, the party teacher on retirement was given the charge of principal superseding four teachers. According to the rules of National University, one has to apply for extension of service tenure three months before his or her retirement. Abdul Ahmed did not abide by the rules. And as a result, the extension of his service tenure is illegal.
Imdadul Haque said that as part of forgery six decisions were taken at the college in a day. The decisions taken on 19 April were: extension of service tenure of Abu Ahmed, his joining to the post on the same date, meeting of the governing body, handing over charge to the vice principal and sacking of Imdadul Haque.
Bahauddin Bahar, principal of Patuakhali Abdul Mridha College, has been sacked from his job. Becoming a supporter of the opposition party was only his 'offence.' On 9 July 2009, Shahjahan Mia MP became the chairman of the governing body. On 11 July, he called a meeting of the governing body and sacked the principal of the college. As per the existing rules, the chairman has no jurisdiction to call any meeting. Besides, he did not give the notice of meeting to the principal. For sacking a principal requires brining genuine allegations and giving the scope of self defense to the accused. Principal Bahauddin said no procedures were maintained in his case and the meeting was called without any agenda. Many members of the governing body, including the founder member of the college and representatives of the National University, were absent from the meeting. According to the rules of the National University in absence of the principal the vice principal and his absence the most senior teacher will be given the responsibility of the principal. But after removal of Principal Bahauddin, the number seven senior teacher was given the responsibility.
A T M Abdul Latif, principal of reputed Baufal Collage in Patuakhali District, was ousted from the college by local Chhatra League activists following assumption of power by the present government. His 'offence' was he joined the service during the tenure of the four-party alliance government.

Monday, September 19, 2011

Thai Government Sets Up New Legal Reform Commission

The 1999 edition of the Thai-language dictionary of the Royal Institute defines the "rule of law" as basic principles of the law. The Cabinet has set up the Commission on the Rule of Law, chaired by Prof Ukrit Mongkhonnawin, and assigned it to oversee that the Cabinet, the Parliament, Courts, independent organizations and government agencies would comply with the rule of law. In other words, the commission would ensure that all other agencies would comply with the basic principles of the law.
Interference in Works of Independent Organizations
However, the government's opponents came out to attack the administration immediately, alleging that it set up the commission to interfere in the works of independent organizations. Some alleged that the commission's establishment was a silent coup. Some alleged that the government set up an unlawful panel to have more power than the constitution and the panel would destroy courts.
The opponents made the allegations although the Ukrit Commission only has the authority, which is empowered by the Prime Minister's Office (PMO)'s directive on rule of law of BE 2554, to draft strategies, directions and measures, recommendations and procedures for the government to carry out to guarantee that the implementation of the laws will be fair and honest under a single standard in line with the rule of law. The Ukrit Commission will simply propose that government agencies concerned should carry out their duty under the rule of law.
To simply put, the Ukrit Panel would simply compile reports and draft proposals for the prime minister, to whom it reports, and for other government agencies concerned. But the prime minister or the government agencies may ignore the proposals and the panel can do nothing about that.
Major Reasons
In the past, an independent committee was often formed with the PMO’s directive with either of three main reasons:
1. To buy time, drag feet and avoid taking responsibility. The government often used this tactic when it encountered a problem, which was too serious and difficult to handle. For example, the government of then Prime Minister Thaksin Shinawatra set up the independent National Reconciliation Commission chaired by former Prime Minister Anan Panyarachun.
2. To mediate disputes for agreements. The government often used this tactic when there were political conflicts. For example, the Aphisit Wetchachiwa government set up the committee studying how to reform the Constitution, chaired by Sombat Thamrongthanyawong.
3. To propose what the government wants to do but still lacks legitimacy to do it. The government needs to appoint "non-partisan" people to propose what it wants to do. And the Ukrit commission should fit this category.
Demand of Situation
The question that needs pondering is what the Ukrit Commission would do.
Justice Minister Pracha Phromnok, who proposed the establishment of the Ukrit commission, declined to answer this question. He simply said the commission would "improve the judiciary process to do away with double standards".
Phuea Thai Party MPs and red-shirt leaders declined to clearly explain the purpose of the Ukrit commission's establishment.
On optimistic view, the Ukrit commission may follow up on the works of the independent committee to investigate and search for truths for national reconciliation, chaired by Khanit na Nakhon.
The Africa model that the Khanit panel used to try to lead the country to national reconciliation has three steps: (i) to search for truths; (ii) to remedy the affected people; (iii) to reform judicial process. If the Khanit panel is regarded as the first step in the process, the Ukrit Commission should be regarded as the last one.
And in the second step, the government may set up a committee to remedy people affected by political incidents no matter which side they belong to. It has been reported Deputy Prime Minister and Interior Minister Yongyut Wichaidit may be assigned to chair the remedy panel.
On pessimistic view, the Ukrit Commission may be a new tool in disguise designed to help the big boss.
Such suspicion remains although Ukrit has declared that he would not touch the amnesty for Thaksin or reopen his legal cases. This is because Ukrit, three-time Parliament president, is known to have very close ties with two-time Prime Minister Thaksin.
The close ties were proved with the fact that the Thaksin 1 and 2 governments always used services from lawyers from the Ukrit Mongkhonnawin law firm.
Assets Concealment Case Against Thaksin
And Phuea Thai party-list MP Watthana Mueangsuk, who was in charge of seeking bail for red-shirt suspects in 2011 and who is a key messenger of Thaksin, is a favorite student of Ukrit, who formed the Faculty of Law of Chulalongkorn University.
There used to be unconfirmed reports that Ukrit was tipped to become the Constitution Court president when the court was trying the first assets concealment case against Thaksin.
It has been reported that the Ukrit Commission's main tasks are to amend the charter enacted following the coup as well as amending the laws enacted following the 19 September 2006 coup to do away with the perception of double standard legal enforcements from the Thai society.
But several people believe that the Ukrit Commission would have something to do with Thaksin or else the government of Thaksin's sister would not have rushed to form it.
Red-Shirt Movement
The term "double standard" has become a rhetoric that the red-shirt movement used to describe the feelings of people affected by the 19 September 2006 coup.
The term has been playing key role in helping the red-shirt movement grow very fast.
Two years ago, a group of demonstrators called on the Surayut Chulanon government to allow the People's Channel or PTV satellite channel to operate like the ASTV of the People's Alliance for Democracy (PAD) or other satellite TVs. And the PTV demonstrators transformed into red-shirt demonstrators who have grown up with both political significance and mass-support strength.
Red-shirt leaders successfully proved to their followers that the laws have been enforced with double standards. They cited several examples of double standards to incite protests by the red-shirt people.
For example, they have proved that the aristocrats could encroach on forest reserves without being taken legal actions against.
They cited the case of Surayut encroaching on the Khao Yai Thiang Mount. Eventually, public prosecutors decided to drop charges against the former prime minister on ground that he hacked intention to encroach on the forest.
Surayut's case was compared to the Ratchadaphisek land case in which the Supreme Court's Criminal Division for Holders of Political Office convicted Thaksin and sentenced him to two years in prison.
The most successful strategy was to incite anger of the red-shirt people over double standards toward rallies of the red-shirt and yellow-shirt people.
Red-shirt leaders pointed out that yellow-shirt demonstrators were often provided convenience for their demonstrations while demonstrations of red-shirt people were cracked down on.
The first crackdown was ordered in 2007 when red-shirt protesters rallied in front of the Sisao Thewet residence of Privy Council President Prem Tinsulanon.
The red-shirt people faced the second crackdown in 2009 when they rallied on Phitsanulok Road in front of the Government House.
In the latest crackdowns in 2010, troops were deployed to crack down on red-shirt protesters on Ratchadamnoen Road and at the Ratchaprasong Intersection.
In all the crackdowns, the red-shirt leaders were arrested and faced legal actions and were detained in remand prisons.
In the worst situation, some of them were charged with having committed act of terrorism. The charges caused several of them to be remanded without bail.
These incidents became a key factor that the red-shirt leaders used to compare treatments received by PAD leaders, who once led protesters to storm into the Government House and NBT Station and to seize the Don Mueang Airport and Suwannaphum International Airport in 2008.
Although yellow-shirt people were slapped with terrorism charges like the red-shirt people, they were dealt with a different standard because yellow-shirt leaders were freed on bail and were not detained in a remand prison.
In the latest development, Sombat Bunngam-anong, the editor of the Laichut magazine, was sentenced to six months in jail for violating the emergency decree that banned rallies. He was given the sentence for rallying at the Imperial Lat Phrao shopping mall when the government declared the state of emergency in Bangkok in 2010.
Dissolution Case Against Democrat Party
However, at the same time, the multi-colored-shirt people, led by Tun Sitthisomwong, held a demonstration at the Democracy Monument without being arrested.
And the question that always troubles the mind of red-shirt people the most is why the dissolution cases against the Thai Rak Thai and People Power parties came up with different rulings from that in the dissolution case against the Democrat Party.
These are some of legal cases troubling the mind of red-shirt people waiting to be addressed by the Ukrit commission to do away with double standard.

Sunday, September 18, 2011

Malaysia, US Army Conduct Joint Military Exercise

Malaysian and the US military is now conducting a combined military exercise with code name called "15/2011 Keris Strike" at the Terendak Army Camp in Malacca from 15 to 27 September. The morning of 15 September representatives from both countries held a welcoming ceremony to bless the smooth running of the combined military exercise and also to wish all military officers represented in the combined exercise all the best.
This kind of combined military exercise between Malaysia and the United States has been conducted in the past years and this year's combined military exercise is the 15th round of combined military exercise between the two countries. Malaysian Armed Forces sent Major General Datuk Razali bin Haji Ahmad, Commander of the Malaysian Army Third Division to represent Malaysia to receive the 117 US soldiers led by US Brigadier General Michele G. Compton.
Main Objective
This code name "Keris Strike" combined military activity between the Malaysian and US military is part and parcel of the regular combined military exercise held between Malaysia and the United States. This kind of military activities has been carried out for many years now. The purpose of this combined military exercise is to promote regional security and to share experience and knowledge with each other when the armies are required to carry out the task in the maintenance of regional peace and security. The aim is also to help create a harmonious regional security platform.
At the ceremony, Major General Datuk Razali Haji Ahmad said that this year, Malaysian Armed Forces has sent 150 soldiers of different ranks to participate in this combined military item. Both countries have also exchanged some important information.
He said: "We are grateful for the support given to the Malaysian military by the US military. This combined military activity is aimed to upgrade Malaysian military's experience and knowledge when it carries out regional defense task; it is also meant for the Malaysian military to learn, to prevent and to avoid conflict and violence."
UN Mandate
Major General Datuk Razali said Malaysians should keep the situation and development in Somali as a lesson to remember. He said the regional security problem in Somali has turned Somali into a chaotic state. The situation in Somali has also hampered the world community's effort to carry out peace progress there.
This military activity is carried out in line with the UN mandate. The combined military exercise between the Malaysian and US Army will be carried out inside the Terendak Camp in Malacca that began from 15 September.
Meanwhile at the welcoming ceremony, US military representative Brig Gen Michele also gave advance blessings and well wishes to both the Malaysian and US military representatives who are going to participate in this combined military exercise. Brig Gen Michele hoped that the army officers from both counties can reap fruitful reward and experience. Brig Gen Michele believed that the Malaysian military could provide the US military with highly quality training environment.
Rewards and Experience
Brig Gen Michele said the participating US soldiers came from the various units of the US Army. They will put in their full force to help Malaysian Army upgrade its standard and level in carrying out assignment in the maintenance of regional peace and security.
At this welcoming ceremony, the soldiers from both countries also carried out their respective religious prayer. They prayed that the Malaysian and US soldiers who participate in this combined military exercise will reap fruitful rewards and experience. This was done toward the end of the ceremony. While the US soldiers bowed their heads to say their prayer, the Malaysian soldiers carried out their prayer according to the Islamic ritual.