The New Nation - Internet Edition

SOME countries are categorised as "Developed" mainly on the basis of an assessment of the sizes of the economies and the overall growth rates per annum. In the second category are the 'Developing Countries," that have augmented the growth rates of their economies. The third category of countries are termed as "Least Developed "(LDCs), where poverty is widespread with limited availability of resources. The economy of Bangladesh remains not only poor but also awaits diversification. The farm sector, that produces edible products, has literally started failing to optimise the use of manpower and that due to shortage of farm inputs. The secondary sector of the economy awaits care for effective diversification.

The garment manufacturing sector appears to be the major plinth on which investments and earnings have in recent years been augmented. The ultimate expansion and growth of the garment manufacturing sector can be achieved by obtaining increased market share in developed countries. The importers of garment products offered until recently preferential treatment to Bangladesh in business deals. It has since been withdrawn and the exporters of finished garment of Bangladesh are facing tough competition. That being so, the Bangladesh Garment Manufacturers and Exporters Association (BGMEA) has started sending commercial delegations to countries including the USA and projecting the quality of finished garment and the competitive prices thereof. The move is commendable and official agencies, including diplomatic missions, in export markets should offer necessary support to its delegations.

As reported in the press, an eight-member delegation of the BGMEA exchanged views with six congressmen of the USA who have introduced a Bill on New Partnership for Development in the US House of Representatives. The ultimate end of the Bangladesh delegation is to retain the market share in the USA. The members of the Bangladesh delegation also exchanged views with members of the American Federation of Labour, work on the need for expansion of employment opportunities and fulfilment of the obligations of employers via-a-vis the right to work and the payment of due wages.

The new bill presented in the US Congress, if passed, may enlist Bangladesh as a country having preferential treatment and help the growth of partnership for development. But Bangladesh is facing resistance. The market share in the USA may be retained by Bangladesh Garment Manufacturers and Exporters Association (BGMEA) if Bangladesh is included. The government of Bangladesh and its diplomatic missions have to note the prevailing conditions in the foreign markets, including the USA and work in support of BGMEA for augmenting export earnings. The earnings may be used for upgrading manufacturing units in the garment sector and also for diversifying investment in other sectors and sub-sectors of the economy.

RECENTLY, reports appeared in the press about the incumbent caretaker government drawing up afresh guidelines for privatisation. But this exercise ought not to be a long one considering that already too long a time has been spent on privatising the state-run enterprises (SOEs) with limited success. Therefore, the interim government may aim to actually carry out privatisation substantially during its tenure rather than drawing up only strategies to that end. There is real opportunity now to push through privatisation decisively by the neutral and caretaker government.

The burden of the losing SOEs can be well understood from a report in this paper some time ago that the total outstanding and classified loans of some 38 selected SOEs with the nationalised commercial banks (NCBs) and a special bank stood at Taka 192.62 billion until October 2006. Thus, this phenomenon is putting more and more strains on the government's limited resources to carry out its routine activities and draining resources into the SOEs. According to one credible estimate, a project the size of a Jamuna bridge could be built every two or three years with the total resources that are currently pumped into the chronically loss making SOEs.

Carrying out of privatisation will streamline the economy, add vitality to the financial sectors and create the conditions for greater availability of resources in the hands of the government for economy supportive activities. More important would be the environment of competition to be created by privatisation. In a privatised situation, the producers of goods or operators of services would be keen to ensure lower costs of production or operation respectively. Besides, they would be also in a keen contest to steal a march over each other by delivering relatively better quality goods and services to their consumers at lower prices. From such competition, consumers would likely gain in terms of quality and price.

Resistance to privatisation may come mainly from workers' unions and the employees. But they can be motivated with offers of attractive terminal benefits for workers and employees. The leaders of the major political parties should be also persuaded to initiate discussions at party levels. The people in general also should be educated more and more through publicity campaigns in the mass media about the positive sides of privatisation, such as the efficient running of the privatised units and hence their improved services delivery, reducing losses for the state, greater availability of public funds after faster privatisation of the losing SOEs for public investment in the social sectors. Ultimately, privatisation should proceed under a framework of national consensus between the government, the political parties, the unions and those to be affected so that the whole task can proceed smoothly in an uninterrupted manner.

Razzak Raza

Traffic Management by strict enforcement of the Motor Vehicle Ordinance has been the point of discussion now- a- days. The torturous traffic congestion in the capital city (in fact, in all the major cities) and the ever growing rate of traffic accidents compelled the government to rethink the tougher implementation of the MVO. At a high level meeting under the chairmanship of the Secretary of the Ministry of Home Affairs Md. Abdul Karim, it was decided that the driving license of the traffic law violators would be cancelled. The meeting was attended by the Commissioner of DMP Mr. Naim Ahmad, chief Executive of the DCC and other Government officials from police and other departments.

The execution of the Motor Vehicle Ordinance (MVO) is the most critical police job is Bangladesh. In 1983, when the ordinance was promulgated, it was really a tough law. The offences under the law were toughly addressed. But in the subsequent years, pressure mounted on the government to make the law lenient. The owners, drivers and the other related worker-organizations subject to this law went wild against the government. So, the Ershad Regime gave in to the pressure groups and made the amendment of this law. With this amendment, the MOV turned a super lenient law and offenders gained the upper hand .The amount of fine, the term of imprisonment and conditions of safety driving had been slackened. Now punishment under the MVO is the minimum with compare to any other countries in the world. For example, under section 138 (driving without license), as the original ordinance (ordinance no-LV-of 1983), described, "whoever drives a motor vehicle or public service vehicle in contravention of provisions of subjection (1) of section-3 shall be punishable with imprisonment which may extend to two years ,or with fines which may extend to one thousand taka, or with both .''

But at the amendment (Act 8 of 1989), the imprisonment was reduced to 4 months (from two years) and the fine to tk- 500(from tk-1000). This type of remission of punishment was made in all the penal sections.

As the traffic law violators are not like the criminals of traditional categories (crime against property or crime against human body), the term of imprisonment might be compromised. But the pecuniary punishment should be imposed in such a way that the offender may find it heavier to violate the rule. But under the present MVO, the pecuniary punishment is ridiculously low .For example, the punishment of reckless driving under the MVO is (section 143) only 500 taka (for the first time) or imprisonment up to six month and suspension of driving license at a definite period. But the similar offence in Singapore will cost the offender a fine of 170 Singaporean dollars for light vehicle and 200 Singaporean dollars for a heavy vehicle. The fine is amount to (170x50) 8500 taka if converted to Bangladeshi currency. Besides this, the errant driver will accumulate 24 Demerit Points under the Drivers Improvement Point System which caused him to lose his driving license.

The monthly income of a taxi driver in Singapore may not exceed one thousand Singaporean Dollars. Undergoing a fine of 170 dollars at a single offence is a great shock for him. This two-fold material loss makes a driver in Singapore more cautious and more traffic law abiding.

Under the motor vehicle ordinance (Amended in 1989), the commission of the following offences may result in the suspension /cancellation/ deprivation of the driver from driving license ---

· Driving at excessive speed (section 142)

· Deriving recklessly or dangerously (section 143)

· Deriving under the influence of drink or drug ( section 144 )

· Racing or trial of speed (section 148)

For the following reasons (depriving of driving license section- 164)

1. Driving against red light; or

2. Overtaking just before or on the pedestrian crossing or where overtaking is prohibited; or

3. Driving on to a main road without stopping and exceeding the speed limit indicated on the road; or

4. Not giving way to other vehicle intentionally; or

5. Driving in opposite direction on one way road; or

6. Any other matter as may be prescribed.

Here it should be noted that under the section 164 of the MVO no officer below the rank of a Superintendent of Police or the Deputy Commissioner (in a Metropolitan jurisdiction) or an Assistant Director of the BRTA can go for execution, and, the offence must be committed before the officers mentioned.

All the sections stipulate the period of suspension, cancellation or deprivation. The punishment of these three sections about the driving license is identical. The terms 'cancellation', 'suspension' and 'deprivation' should bear distinct legal explanations. But in the MVO the specification of time made them identical. The cancellation or revoking of driving license should cause the errant drivers to re-sit for the driving test to regain a driving license. But the consequence of the sections 142,143,144,148 and 164 is not defined. So, the punishment of suspension/ cancellation or deprivation of driving license has a little influence on the offender drivers. The interesting fact is, as the Joint Commissioner (Traffic) of DMP Mr. Jasim Uddin observes, the fine imposed on the drivers by the traffic police is paid by the owners of the vehicles at fault. So, the drivers are always untouched and, therefore, they remain unmoved to the sufferings of the other citizens.

I, therefore, propose the introduction of the Drivers Improvement Point Systems (DIPS) modeled by the Singapore Traffic Police. DIPS is a uniform system which addresses every aspect of the offence, and, thus influences the prevention and execution of the Motor Vehicle Ordinance. Now let us explain the DIPS of Singapore Traffic Police.

DIPS is an unique system introduced in 1983 in Singapore by the Traffic Police. It is designed to identify high-risk motorists or habitual offenders driving in Singapore. It compels the errant drivers to re-sit and pass a driving test before they are allowed to drive again.

Under the DIPS, drivers violating some scheduled offences are awarded with demerit points. There are 8 categories of offences that carry demerit points. They carry 3, 4, 6, 8, 9, 12, 18 & 24 demerit points according to the severity of offences.

A driver is allowed to accumulate 24 demerit points within 24 months before he becomes liable for suspension of driving license. A second time offender will only be allowed 12 demerit points within 12 months.

A new driver's license will be revoked upon accumulation of 13 or more demerit points within a period of 12 months from the date of grant of the license.

A driver who maintains a 12 months period of free of offences with demerit points from the date of last offence will have all his previous demerit points cancelled from his record.

A driver maintaining 24 months of period free of offences from the date of expiry of the last suspension with DIPS, will have all previous suspensions cancelled from the record.

Scheduled offences under DIPS might be awarded from 3 demerit points to 24 demerit points and also welcome a fine from 120 Sing dollars to 230 Sing solar for the first time offenders.

For instance, some of the offences and the numbers of Demerit Points are tabled below:

Name of the offences Number of Demerit Points

Disobeying traffic direction of a Police Officer 3

Exceeding speed limit of vehicle by up to 20km/h. 4

Driving or riding against the flow of traffic. 6

Exceeding speed limit for vehicle by more than

30km/h up to 40km/h 8

Driving without due care or reasonable consideration for

other road users. 6

Exceeding speed limit for vehicle by more than 40km/h

up to 50km/h. 12

Exceeding speed limit for vehicle by more than 50 km/h

up to 60km/h. 18

Exceeding speed limit for vehicle by more than 60 km/h.

Or reckless or dangerous driving 24

A first time suspension will last three months. Subsequent suspensions may be up to three years.

Where the suspension period lasts a year or longer, the motorist will have his license revoked and will have to re-sit and pass all the tests in order to be allowed to drive again.

A person shall not be allowed to take a test of competence to drive any class of vehicle ---

(a) During the period of suspension of a license, whether for the same or for a different class of license held by him;

(b) During the period for which he has been disqualified from holding or obtaining a license, whether for the same or for a different class of license; or

(c) Within the period of one year from the date of the revocation of a license, whether for the same or for a different class of license held by him.

Motorists with a clean driving record for a continuous three years will enjoy a 5% discount over and above the usual No-Claim Bonus when they renew their insurance policy. They must not have made any claims on their vehicles' insurance for the past three years.

Owners of all privately owned vehicles, including buses and motorcycles, are eligible for the incentive scheme given by the participating insurance companies. DIPS is applicable for the foreign drivers deriving in Singapore. Accumulation of 24 pts within 24 months will disallow him to drive in Singapore.

Demerit Points must follow a fine not less than 120 dollars.

The award of demerit points and amount of fine are not negotiable.

Needless to say that Bangladesh is not technologically such a developed country as Singapore is. In Singapore bureaucracy is run through E-governance. The whole of the country is computerised in the true sense. Their Traffic Police and the related agencies are computerised. They maintain data-base of all statistics. In a strong data base particulars of vehicles and drivers are kept. No driver and no vehicle is unknown there. A driver with faulty documents (for fake document virtually does not exist here) is easily and accurately identified. Traffic Police in the street in a suspicious case log-in direct to the central data base with their PDA (Personal Digital Aid) and check the authenticity of the documents provided by the suspected drivers.

The accumulation of negative points is duly recorded and is preserved to the data base. The related agencies such as the Singapore Safety Deriving School (SSDS), Land Transport Authority and the other police agencies are provided with the particulars of the offence and punishment of the errant drivers or the vehicles at fault. Besides the traffic police on duty the traffic law violators are caught in the Traffic Light Surveillance Camera, Auto Speed Radar Camera, Breathe Evidential Analyzer (BEA) and in the CCTV. So the chance of escaping from prosecution is very thin. But in Bangladesh we have none of these facilities or technical supports. Our bureaucracy is still paper based. Human recourses are the only means to execute the traffic law. So, the following things should be done before (in some cases gradually) the inception of DIPS-

· Computer technology should be introduced to all sections of traffic police and in the BRTA who are responsible for issuing driving license and registering motor vehicles.

· A data base of drivers, driving license, vehicles registration and any other necessary information should be maintained.

· Modern gadgets to identify fake documents, and driving license of the errant drivers should be introduced.

· PDA must be supplied to the traffic police

· Data on drivers and vehicles must be available to the traffic police on line

· Traffic control system should be mechanized

· Traffic Police should be orientated with modern technology and internet service

A Short-cut Way to Switch over DIPS

The BRTA provides the drivers with laminated driving licenses. The data on drivers are preserved to them. They can re-adjust the data with customer use. The mobile phone operators may be contracted to make the data available for the law enforces through their mobile phones. Internet services are already available through the mobile phone. So, few changes to their software will suffice to make this service reachable to the Traffic Police Department.

The main obstacle to sweep to DIPS will be the forged documents. For a novice driver earning a driving license is difficult. But he cares it not. He can buy a driving license of high quality (sometimes apparently more genuine than the genuine one) only at tk-500 or even at less. According to the Joint Commissioner of Traffic Division of Dhaka Metropolitan Police (DMP) Mr. Jasim Uddin, 70 percents drivers driving in the Capital City bear fake driving licenses.(Manab Zamin 14/09/07).

A driver driving with a fake document is nearly impossible to prosecute under the Motor Vehicle Ordinance. For, the law enforcers cannot arrest him instantly. Under the section 161 of the MVO, if the law enforcers suspect the documents to be forged under the definition of the section 464 of the Penal Code, they can, at best, seize the documents (not arrest the documents holders) giving the document holder a receipt paper. The owner of these documents or the owner of the vehicle will appear before a court to get back them. However, if the documents are fake nobody will appear before the court because it would be easier for the owner to buy other documents than to get into legal fighting. The impounding saga of fake documents ends here. No follow up from any government agency is made.

The introduction of Drivers Improvement Points System will not ensure the safety of our road users alone. The connected/related departments or agencies should be brought under close co-ordination. Traffic education will be imparted to every citizen. Above all, a rethinking of the Motor Vehicle Ordinance-1983, is a must.

Md. Masum Billah

A series of articles and letters in both English and Bengali vernacular dailies have appeared since the present government declared to institutionalise a Truth Commission though its exact shape and mode of operation have still seem opaque to many of us. However , it is a democratic process to express the opinion of people belonging to various class and section regarding any national issue and government may collect enough healthy information from those write-ups. I have already gone through half a dozen of articles regarding the issue. Among all the articles the following one under the heading Truth Commission: an impractical Proposition in Bangladesh Context; by H.M. Ershad appeared in a Dhaka daily on October 21, 2007 invited my attention most. President Ershad with heavy experience as a general and as a president advocates that establishing Truth Commission proves to be an impractical proposition in Bangladesh perspective as the very title says. He has taken effort to prove the fact placing some convincing arguments. He wants to say the apartheid phenomenon of South Africa led Nelson Mandela to originate such kind of commission to evade the white people from punishment throwing them into jails. So, this sort of commission cannot be applicable in our perspective. He says, "Having come to power, Nelson Mandela formed a Truth and Reconciliation Commission based on the principle and ethics of Christianity. Catholic Christians who so desire goes to church on Sunday and confess their sin to the priests wanting to be forgiven. The priest advises them to follow the path of truth, shun acts of sin and lead a good life. Nelson Mandela was imbibed by the principles of religion when he formed TRC."Several other countries also followed the theory of truth commission but everywhere with a distinctive and different feature. So, my point is why not Bangladesh can institute it with Bangladesh perspective, not necessarily it would be like South Africa or France style truth commission.

Corruption has been institutionalised in our country under the garb of politics and the head of corruption accumulated which needs the country upside down to reset the whole thing. The Law Advisor has already pointed out that nothing will be left if real judgment takes place and the present way of nabbing the businessmen and politicians. The existing gaols of the country will not accommodate them. If almost all of them are thrown into jails, who will run the business? So, establishing this kind of commission will decide what kind of punishment can be meted out to the corrupt according to the degree of corruption.

In Bangladesh established businessmen contribute significantly to the welfare and economic development of the country. A remarkable number of populations earn their livelihood working in the entrepreneurs of these businessmen. But these businessmen have to embroil themselves in corruption which sometimes can be termed as willing corruption and sometimes forced corruption which they do unwillingly.

Willing corruption occurs when greedy and unscrupulous businessmen want to make unusual profit ignoring the existing rules and regulations of the state. They exploit the government, government agencies and even the workers and staff of their own organizations. They exploit the people, hoodwink the people and do other ways of immoral things to gain their individual ends. Food adulteration, to evade export and import charges, to smuggle goods, to hoard essential things to create artificial scarcity of food and other essential items fall under the category of willing corruption which must be dealt with severely.

Businessmen have to have close link and relations with the government and relevant government agencies which force them to be corrupt. These agencies hardly cooperate these businessmen considering their personal gains and ignoring the country's interest. Forced corruption calls for light punishment.

This commission will unfold a new opportunity to curb corruption in the business sector making the transparency available here. They have been scot-free so long years by dint of their moneyed power and influence and the present move against them and action seems rather tougher inviting and it was quite unwanted and unexpected by them. So, the sky has fallen upon their heads and its adverse effect and reaction has engulfed the whole nation. The success of the Caretaker government has marred and paled into significance to uncontrolled swelling of market price.

Truth Commission may work as a sister organisation of the judicial department showing the signs of transparency in the business sector as well as give them guideline how to continue their business honestly and avoid the government hurdles created by unscrupulous officials and bureaucrats. Business corruption is created not only by the business community but also government officials and departments and agencies concerned. The businessmen are not wholly or solely responsible for corruption in the business. Giving them punishment throwing them into jail does not prove fare justice always. Truth commission may minimise the matter which the existing judicial system cannot mete out.

The trial under the existing judicial department takes long time to settle any issue. The businessmen who really give commendable economic contribution to the nation cannot afford to wait for long to get justice avoiding their ongoing business which is the heart of our economy.

Whatever country it used as a medium/vehicle of justice, it received benefit but not on the same model. As for Caretaker government which stands as a unique example in the globe. Under the same constitutional framework we have formed another kind of Caretaker government which works and shoulders different responsibilities proving different from the previous ones. Similarly, the Truth Commission of South Africa might not be replicated but followed.

But the commission to be formed by people of different classes as different section holds different opinions and different suggestions for the business community. So, lawyers, doctors, engineers, teachers, intellectuals can be included in the Truth Commission.

Though the real shape of the said Truth Commission has yet to be finalized, the government has given hints that the corrupt politicians also will be brought under this commission for curbing political corruption. It also reiterated that the commission will be vested with the power to disqualify the corrupt politicians to participate in the election. Definitely its reasonable punishment for the politicians will give good teaching to other politicians and keep them away to get involved in corrupt activities.It is not necessary that the Truth Commission proposed by the present government might not be based on the same principle and ideals which found its origin in the South Africa. Ershad commented that the case of apartheid convinced him to form the TRC as it proved difficult and almost impossible to try the white people under the law made in the parliament formed under the leadership and guidance of Mandela who had to spend the significant part of his life in prison. It is not necessary to work the same way as some other nations formed the Truth Commission. We can just take the idea but mould it in our own ideals according to the needs of the time and relevant factors our country is facing.

(The writer works as a specialist in Brac Education Program, PACE and regularly writes on national and international issues.)