The ‘doma’ and the dentist
5 December 2008
The stormy developments in the ACC cases have exposed our historical resistance to change. The government’s ambiguous maneuverings have cast a very long shadow over democracy. Democracy brought the promise of transparency. For the new government, transparency has brought into question their integrity.
The Cabinet’s decision on the appointment of the MD of Bhutan Post was a bizarre case of side-stepping accountability. The Board was terminated, individuals reprimanded, but the deceptions continue. Neither the appointee nor the process has been overhauled. This decision camouflages a serious rot in the system by dealing with only a part of the problem. How can the Cabinet explain its act of omission? Lack of transparency remains the problem. This is compounded by the government’s seeming lack of inclination. This is no way to assist the ACC to tackle corruption.
We live in a world of half-truths. The levels of transparency in the process of interviews, trainings and appointments have always raised many eyebrows. Running jokes refer to the MoFA as the Ministry of ‘Family’ Affairs. This is a glimpse into the growing disgruntlement at the lack of transparency in our system. In this bigger picture, the Cabinet’s decision is a glorious opportunity lost.
Transparency is a double edged sword. The ACC has also been asked some hard questions lately. The MD of Natural Resources Development Corporation Ltd. was detained for 49 days while two others were held for much longer periods in the same case. Subsequently, the Druk Holding and Investments has moved the Office of the Attorney General for legal interpretations of the ACC Act in a bid to reinstate the MD. These cases will have far reaching constitutional implications. In the present, individuals suffer for the lack of clarity in the due processes.
There is a flip side to this debris of constitutional befuddlement. It is an organic evolution of the democratic process that will lead to more refined, nuanced and sophisticated discussions of our political processes and institutions. Hopefully, that will correct, clarify, enhance, deepen and give real meaning to ideals like ‘good’ in good governance, ‘unnatural acts’ in the Penal Code, ‘zero’ in zero tolerance, ‘policing the police’ and so on. In a democracy, should we visit the dentist or continue chewing ‘doma’ through the pain?
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Dear observer,
i like the article you have brought forward. Open your eyes people, government and stand on your feet. Let the gift of democracy fromour beloved majesty be miticulously handle by the government and people with crystal clear transperancy in its responsibility and function. Check and balance is one of the best system. But the question still seems to remain…who will dare to check…?
Dawa
I do not have any winding legal jargon or high-sounding political phrases and terms to reflect on the ACC cases but I can say in these very simple plain and bare words that any thing that is associated with ACC and fighting corruption has now come to reflect almost everything but “consistency, fairness, and transparency”.
The general lay-public is bound to look at the cases and draw immediate comparisons with the arduous and protracted RICBL case that seems to be running the entire legal gamut, thus wreaking untold and unimaginable damage to everyone involved, including of course, those accused of “embezzling” paltry sums that run into a couple of hundreds!
The ACC deserves all the accolades for the job they are doing. It is not easy to weed out corruption that is steeped deep in our system. It becomes even more difficult when political will is not there.
But ACC is not perfect either. That ACC should accept. First of all, the ACC should be transparent. They should inform the public through the media the nature of cases, the progress they are making and certain mechanisms they use to identify corrupt people. The ACC cannot work in isolation, or as some sort of a secret organization.
That’s why media often takes pleasure is slamming the ACC for its varied shortcomings, for wrong decisions, immature and unprofessionalism and often flawed investigations. The ACC is not just about AUm Neten, it is beyond that.
Especially in the case of the bhutan post MD, the cabinet is accomplice in the corruption. Period. Why not?
The cabinet, or otherwise the government, did not do enough to stop what ACC apparently thought was corruption. Even after being notified. Rather, they tried to play safe, and dissolved the board that selected the MD. Why did the cabinet take such a decision? Is it because they do not have the will to throw out the MD, or decide to have another round of selections? Why?
One problem with the system is that the ACC needs to colloborate with other institutions-the judiciary and the government. The JYT’s government seems to be making things difficult rather than helping fight corruption.
The Government should extend all possible help to ACC. And the first step in doing this is to do some soul searching? why did the cabinet pass such a decision? Even if they retract the decision after PM”s intervention, the truth will remain so that the cabinet did not have the moral fibre to support what is truth. And yes, ACC, do not trust the cabinte either!! NOW you know why?