—Morshed Noman—

The Anti-Corruption Commission (ACC) of Bangladesh, established in 2004, was envisioned as a cornerstone institution to combat corruption and foster accountability. Over the last two decades, however, the ACC has struggled to live up to its mandate, facing criticism for political interference, structural weaknesses and a lack of operational capacity. Moreover, legal amendments, bureaucratic challenges and allegations of selective justice have compounded these shortcomings, undermining the commission’s credibility as an independent body.

The ACC was formed to replace the defunct Bureau of Anti-Corruption (BAC), which had been criticised for inefficiency and lack of autonomy. The ACC Act of 2004 sought to create an independent body capable of investigating corruption across all levels of society, with a legal framework designed to protect its autonomy. Despite these aspirations, political realities soon eroded its independence. Successive governments have influenced the ACC’s activities, turning it into a tool for political gains rather than a guardian of public interest.

A significant blow to the ACC’s authority came with amendments to its mandate in 2015. ACC is only empowered to investigate bribery and corruption out of 27 offences related to money laundering. These changes transferred primary responsibility for investigating money laundering cases to other agencies, such as the Bangladesh Financial Intelligence Unit (BFIU), CID, Customs Intelligence etc. Experts argue that this dilution of the ACC’s jurisdiction over financial crimes undermines its effectiveness, particularly in addressing cross-border corruption which involves influential individuals. The delegation of such critical responsibilities fragmented anti-corruption efforts, creating jurisdictional overlaps and weakening overall enforcement.

The ACC’s performance has often mirrored the political environment. It has often faced allegations of being weaponised to target opposition figures while shielding ruling party members. For instance, under the Awami League’s tenure, critics accused the ACC of pursuing high-profile cases against political adversaries while ignoring credible allegations against government-affiliated individuals. This perception of bias has undermined public trust, with civil society and international observers questioning the ACC’s impartiality.

However, the ACC displayed a brief period of assertiveness during the non-political caretaker government from 2007 to 2008. It initiated high-profile corruption cases against influential figures across party lines, signalling its potential when shielded from political pressures. Despite this, the legacy of selective enforcement has persisted, with many cases failing to reach meaningful conclusions.

ACC has faced enduring challenges that have hampered its effectiveness. A significant issue is its reliance on officers from the administrative cadre who are deputed to senior positions within the commission. These bureaucrats often carry institutional loyalties that may conflict with the ACC’s mandate, particularly when investigations involve government officials. Critics argue that this system creates barriers to impartial investigations and undermines the commission’s autonomy, as these officers may prioritise their allegiance to their parent cadre over their duties at the ACC.

Additionally, the ACC has struggled to attract and retain personnel with expertise in investigating complex corruption cases. This includes areas such as money laundering, cybercrimes, and corporate fraud, where specialised knowledge is critical. The absence of professionals like forensic accountants, data analysts and legal experts limits the ACC’s ability to tackle sophisticated financial crimes.

Legal and institutional barriers have also curtailed the ACC’s independence. For instance, amendments such as the Public Service Act of 2018 require government approval before prosecuting public servants, effectively shielding certain individuals from scrutiny. This legal bottleneck has drawn widespread criticism, with experts highlighting its inconsistency with constitutional principles of equality before the law. These challenges collectively undermine the ACC’s capacity to serve as an impartial and effective watchdog against corruption.

Following the ouster of Sheikh Hasina and the formation of the interim government, the hope of reforming the ACC has now been reignited. A newly-formed commission has been tasked to strengthen the ACC’s effectiveness. Well, several critical steps must be taken in this situation to enable the ACC to regain its public trust and operate as an independent and effective institution. For instance, the laws restricting the ACC’s ability to prosecute public officials need to be repealed. The commission must also build a dedicated cadre of professionals trained specifically in corruption investigations.

Besides, significant investments in training and resources are required to enhance the ACC’s operational capacity. Specialised training should be prioritised to equip investigators with the skills required to tackle complex financial crimes. Transparent oversight mechanisms must be introduced to ensure that the ACC’s actions remain impartial and free from political influence. Additionally, the ACC’s authority to investigate financial crimes, particularly money laundering, must be reinstated. With adequate resources, the ACC can develop the capacity to address cross-border corruption effectively. These measures, implemented holistically, would ensure that the ACC evolves into a more credible, independent, and effective institution capable of fulfilling its mandate.

The ACC’s journey over the last 22 years reflects the challenges of institutionalising anti-corruption efforts in a politically volatile environment. However, the interim government’s reform agenda presents an excellent opportunity to fix these issues and transform the ACC into a credible and independent institution. The reform must be done with a view to insulating ACC from political pressures and equipping it to pursue corruption at all levels of society. This transformation is essential not only for the ACC’s credibility but also for strengthening governance and ensuring accountability in Bangladesh.

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The writer is a journalist