Tuesday, August 2, 2016

Upazila Administration is affected by MPs in recruitment process at Upazila level in Bangladesh

1.      INTRODUCTION
This research is an endeavor to identify the extent of influence of Member of the parliament (MP) over Upazila administration in the recruitment process at Upazila level. There are many ways whereby both parties come together. It may be administrative, legal and/or  functional. Hereby we try to focus only  on recruitment aspect. Functional relationship can also be conveyed in a number of ways but we will figure out the status co of informal and undue pressure from MPs and the cause of absolute obedience by Upazila officials to the MPs.        


  

     1.1  RESEARCH PROBLEM
A number of researchers have studied the relationship between MPs and Upazila administration. It is widely believed that Upazila administration helps to implement the decentralization policy of government . UNO (Upazila Nirbahi Officer) is supposed to coordinate the functions of different ministries at upazila level. He also provide assistance to the chairmen of Upazila parishad in implementing government policy (Abdullah, 2011).[i]
Attached department 
In this context, many studies have shown that the informal role of MPs deciding the recruitment, promotion &  transfer of the incumbents plays as a dominating factor for unquestioned obedience of Upazila administration to the MPs (Hossain, Sikdar & Alam, 2003).In another research by BRAC it is shown that the role of MPs is seen to be deterrent to decentralization and development. In many ways MPs try to influence Upazila administration for personal gain (Hassan & Mannan, 2014).[ii]
Despite all of our knowledge the problem is identifying the degree of of MP's influence over the Upazila administration about recruitment. Though government incumbents are supposed to be adherent to the laws when it comes to recruitment and promotion  they shows more obedience to the elected MPs . Officials of Upzila administration behave more passively than actively when it comes to cooperation or hearing  to the unethical advice of MPs. So, due process of business is not working in the system.
The scenario create need for tracing out the underlying framework  for existing power of mps deciding recruitment, promotion and transfer. To confront this problem I made a perspective that enables researchers  to conceive the invisible hand of MPs over the Upazila administration. In this situation, the informal relationship between them has been an important issue that needs serious attention for better understanding and maintain rule of law.
1.1.1 RESEARCH QUESTION
On the basis of above argument the following research questions are set to search for. The key research questions are
1)      To what extent MPs are influencing recruitment, promotion and transfer at Upazila level right now.
2)      What are the factors which enforce Upazila administration to hear to the advice of MPs in recruitment
3)      In which way the due process of recruitment and promotion is being violated by MPs and upazila administration
 1.1.2  OPERATIONAL DEFINITION
Recruitment: Includes the all non cadre recruitment at Upazila level and promotion of the civil servants at Upazila level. Because promotion is anther kind of recruitment.[iii]
MP: Member of the parliament are those who have been elected by people to go to legislature.
Upazila Administration: This is the Ultimate field administration tier of the government and headed by a UNO (BCS, Admin) who is supported by other staffs.

1.2  METHODOLOGY
In qualitative research the focus lies on respondents view and objective issues.[iv] This research was mainly based on secondary source. Secondary source includes books, journals, articles from newspaper, TV report etc. I also made an effort for studying existing scientific literature, narrowing the research question, and perceive better understanding of the current relationship status between Upazila administrations and MPs. Through the literature review we fixed and defined the research questions. Later on I moved my focus to more practical issues related to the coercive relationship between MPs and Upazila administration. Finally after collecting data I organized and analyzed all information and put them down in the thesis report.

DRAWBACKS AND LIMITATION
Every research has some default limitations. This study has some limitations as well. Because of time constraint only secondary source is considered for this study. During reviewing the previous works on Upazila administration current situation may go missing. Moreover, the study will be done with a view to analyze the informal relationship between MPs and Upazila administration which is considered non-public issue. Sufficient information to perceive the status co of the relationship might be big hurdle. Last but not least, sufficient research works might not be found in this regard.
 1.3 LITERATURE REVIEW
 Here in this part we pay heed to the outcomes of literature review. Three key issues arises during literature review are 'lack of clear guidance' so far as relationship between MP & UP administration is concernedJunior-Senior conflict in UP administration & finally 'lack of people's participation' in development work at Upazila level. 
1.3.1 LACK OF CLEAR GUIDANCE
Literature shows that there is lack of clear guidance about the overall recruitment process. In this loopholes MPs entered with his influential hand. A member of primary teachers' association exclaimed about this.[v]
1.3.2  LACK OF AUTONOMY OF RECRUITMENT AGENCY
The recruitment agencies are also not empowered enough to ignore the advice of MPs. Even in departmental recruitment MPs plays major role. So there is no way of UNO to defy the command of MP.[vi]
1.3.3 INAPPROPRIATE REPORTING SYSTEM
The current reporting system is one way peditorian type. Lower officers have little autonomy over their decision. In most of the cases APR, previous ACR, is highly misleading which rarely reflects the reality. So, to some extent Upazila administration is also responsible for the current disparity. There is lack of clear reporting system which could ensure the most transparent way of recruitment. [vii]


1.4    LEGAL  & ‍THEORETICAL  FRAMEWORK
The Constitution of Bangladesh is taken as mother guiding principle of public servant recruitment. There are certain articles which describes the philosophy of recruitment. Article 29 of the constitution says about the equal opportunity for public employment. Besides this there was provision which allows creating quota provision for the backwards. Under this guidance there are several policies and acts which conform constitutional principles. UNO is responsible for managing governing bodies of colleges and schools at Upazila level. Managing committee is responsible for recruitment of staffs at colleges and schools. Besides this UNO is supposed to write ACR report of officers to D.C. It signifies the promotion question. (UNO charter). Let's see the legal framework for recruiting grade 4 employees at upazila level so far as the peons for primary schools is concerned. In the previous policy framework committee for recruitment was headed by the chairman of school managing committee and supported by Upazila education officer and Head master as members. But MPs has influenced  the policy to be changed. The new policy arrangement allows UNO to lead the recruitment committee. MPs has also taken the membership in the process (Kalerkontho, 4 may 2015).
To talk about the legal framework of Upazila administration it is headed by an UNO (Upazila Nirbahi Officer) and assisted by other staffs. He plays the co-coordinating role at Upazila level and works as a representative of the central government with rank of  senior assistant secretary. This officer is from Admin cadre (BCS) (MOPA, 2011). The recruit process of civil servants at Upazila Administration is supposed to be regulated by promotion and transfer policy under the ministry of Public Administration. There are 18 ministries and government agencies who represent at Upazila level. In the current legal framework recruitment of primary teachers is operated by the Committee for primary teachers selection under the education policy 2011. The UNO and Upazila education officers are also involved in the recruitment process under the law. As ministry of public administration is responsible for the recruitment, promotion and transfer of most of the government officials so UNO has to play crucial role in the recruitment process (Rules of Business, 1996), (Promotion policy, Ministry of Public administration).[viii]
Here is the Prototype framework of recruitment, maintenance and promotion of government officials  at Upazila Level.

Who involved in the legal framework

Position/ Posts
Figure 1 : Recruitment of officers & employees at Upazila level
Source: peons recruitment policy  -2015, Kalerkontho
 In the legal framework there is no scope of advice from MPs so far as ministerial recruitment at Upazila  is concerned .



1.5    CONTINGENCY FACTORS WHICH AFFECT THE RECRUITMENT PROCESS (ANALYTICAL FRAMEWORK)
 Here are some serious factors which badly affect the overall recruitment process at Upazila level.
MPs  and Activists: In the legal framework there is no correlation between MPs, activists and the recruitment process. But  de-facto defies de-juro. MPs advice to UNO and campaign of political activists of ruling party often play major role in the recruitment process.
The other factors happen to be Upazila administration, ministries ,Upazila Education Officer,  political Identity and affiliation .






2.     ANALYSIS OF MPS' INFLUENCE IN RECRUITMENT PROCESS OVER UPAZILA ADMINISTRATION
From now on here is an attempt made to critically analyze the role of MPs in the recruitment process at Upazila level, how Upazila administration is enforced to hear to the advice from MPs. What are the loopholes of policies and acts in which MPs become so much dominant when it comes to recruitment of officers and teachers at Upazila level. So the analysis will be on the basis of the above mentioned analytical framework.
EXTENT OF MP's  INFLUENCE
Some recent investigation report shows the prevalence of  MPs influence in the process of recruitment. It takes different shapes. From our study it is found that MPs influence play significant role in terms of recruitment. Recently A DUE  letter has come to the UNO office and Upazila education officer from  the local MP Bagmara, a upazila of Rajshahi district, for the recruitment of 50 peons cum night guard at different primary schools. There was certain claim of taking 20 million TK as bribe. In the previous policy framework committee for recruitment was headed by chairman of school managing committee supported by other members, Upazila education officer and Head master. But MPs influenced to change the policy. The new policy arrangement allows UNO to lead the recruitment committee. MPs has also taken membership in the process. The committee was enforced to obey the advice of the local MP. Even candidates against quota provision were deprived in the process. [ix]
This is because the new policy provides absolute power to MPs deciding who is going to be recruited. MP's advice is the last line so far as the latest policy is concerned.  'In the new policy there is no scope to claim against MPs and it allows politicization and recruitment trade." said a member of primary teachers' association. [x] Badiul Alam,General director of SUJON, exclaims it as he said " It's a horrendous decision, involving politicians with the recruitment process will spoil the system." [xi] The more important thing is that there has been no reporting system to District education officer for the violation of the due process, MP's advice is decisive as per the new policy.[xii]
POLITICAL ACTIVISTS UNDER MP'S PATRONAGE
Report shows that in some time political activist under the patronage of local MP goes too far to tolerate. Though there is no legal way of their involvement in the recruitment process they showed their muscle power in Nababganj, a upazila of Dinajpur district. They, led by local MP, reportedly harassed and abused UNO for not recruiting all the member of the list prepared by MP for recruitment at schools. It is claimed that MP took bribe from more people than the available posts. [xiii]
UPAZILA ADMINISTRATION
Though upazila administration is supposed to follow the rules of business it often shows inclination for the local MPs. There exist some cases as testimony to the blind obedience of UNO to MPs. This also indicates that the UNO, de facto, plays a central role in facilitating and distributing the MP’s patronage which is more of patron client relationship. In fact, not following the directives of the MP has a negative implication for UNOs as they fear forced job transfers to remote areas.[xiv]

MINISTRIES/ DIVISION
The police head quarter, under the ministry of home affairs,  is responsible for the recruitment  of  officers and employees bellow ASP (assistant superintendent of police), like SI, constable etc. But de-facto defies the de-juro. In Chapay-nawabgonj  local MP took bribe from 30 candidates promising giving job of constable.[xv]  So it clearly indicates how they influence recruitment process in the Upazila level. Now question is how comes this is related the upazila administration. The answer is in Upazila SI has dual responsibility, both to OC and UNO. So when someone get advantage from MP he is supposed to show more inclination to political leader rather than administrative chain of command. 
In Shibaloy, a upazila of Manikgonj, another disparity is experienced. Local MP distributed the resources of  Upazila project to his fellow relatives and party men. Though it is supposed to be monitored and executed by Upazila project office and Upazila administration. Even there was clear incidence of recruiting project employees as per the MP's list.[xvi]
In the promotion question of  officers of ministry of health and family welfare an MP is found to send DUE letter to the department of Health. Even some health assistant were promoted upon MP's due letter violating the promotion policy. Even health minister reacted about the incident saying that there is no scope of illegal and undue request of MPs. Things should have gone as per the policy out there. [xvii]
POLITICAL IDENTITY AND AFFILIATION
The situation in Gaibandha Sadar, a Upazila of Bangladesh, is worse than its counterparts. Here the decisions taken by MP's wife come into play. With her  rigorous power in her husband's name she single handedly manage the recruitment process superseding the Upazila administration. She herself reserves the position of the chairman of the managing committee in different high schools and primary schools. In this way her decision de facto comes into play when it comes to recruitment of staffs at primary and high schools. [xviii]
3.      RECOMMENDATIONS
Here are to mention some recommendations to improve the current situation in the recruitment process. Those are as follow:-
Firstly,  there is an urgency for creating certain laws, policies to guide the recruitment policy. In many cases it is found that MP  influences the UNO in the presence  the loopholes in laws of recruitment. Even a UNO sent a letter to cabinet division for considering formulating specific laws for recruiting staffs at Upazila level. Secondly, MPs and political activists should be kept apart from the recruitment process. Because it promotes the culture of deprivation and bribe. Younger generation becomes despair in the current process. Thirdly, There should have safeguard for UNOs for not hearing MP's illegal and undue advices.  In no way, MP should have been given the power to influence the promotion and transfer of UNO and other officers. Fourthly, MPs should have been questionable to the parliamentary committee for any claim against him about violating the recruitment policy. This could have reduced the frequency of corruption.  And finally, the culprits and bribe givers should penalized for attempting to manipulate the recruitment process. Such  a way rule of law can be ensured.




[i]  Soliman M,. (2016). Bureaucracy and the Upazila Parishad. Retrieved 24 February 2016, from http://archive.thedailystar.net/newDesign/news-details.php?nid=174667
[ii]  S. Junaid,. (2009). Chaos over MPs' Upazila role. Retrieved 24 February 2016, Retrieved  from http://bdnews24.com/politics/2009/02/17/chaos-over-mps-upazila-role
[iii]  MOPA(2016). Retrieved 28 February 2016, from http://www.mopa.gov.bd/uploads/2015/archive/acts/File-3.pdf
[iv] Kalof, L., Dan, A., & Dietz, T. (2008). Essentials of social research. England: Open Univ Press.
[v]  L. Ali Hasan. (2016). International Journal Of Public Administration. Retrieved from http://www.tandfonline.com/doi/abs/10.
[vi] M. Hannan,. (2016). দপ্তরি নিয়োগও এমপিদের হাতে | কালের কণ্ঠ. Retrieved 28 February 2016, from http://www.kalerkantho.com/print-edition/first-page/2015/05/04/217852

[vii] Mohammad Altaf Hossain,. (2013). The Relationships between Elected Members & Government Officials of Upazila Parishad Dhamrai Upazila: A Case Study. Dhaka: Jahangirnagar University Press

[viii]  ibid
[ix] Kalerkantho,. (2016). দপ্তরি নিয়োগও এমপিদের হাতে | কালের কণ্ঠ. Retrieved 28 February 2016, from http://www.kalerkantho.com/print-edition/first-page/2015/05/04/217852
[x] ibid
[xi] ibid
[xii] ibid
[xiii]  The Daily Sangram,. (2016). দিনাজপুরে ইউএনও পেটানোর ঘটনায় এমপি শিবলীর বিরুদ্ধে তীব্র ক্ষোভ. Retrieved 29 February 2016, from http://www.dailysangram.com/news_details.php?news_id=159758

[xiv]   S. Shahriar,. (2015). Mp’s role in upazila parishads : A deterrent to decentralisation - New Age. Retrieved 29 February 2016, from http://newagebd.net/154185/mps-role-in-upazila-parishads-a-deterrent-to-decentralisation/

[xv]  ajkerpotrika.com,. (2016). তদন্ত শেষ না হতেই পুলিশে নিয়োগ চূড়ান্ত. Retrieved 29 February 2016, from http://ajkerpatrika.com/first-page/2015/05/06/32764
[xvi] Daily Vorerpata,. (2016). এমপি দুর্জয়ের আমলনামা-  - Daily Vorerpata. Retrieved 29 February 2016, from http://dailyvorerpata.com
[xvii] Jugantor.com,. (2016). আসামিদের পদোন্নতির সুপারিশ করেছিলেন এমপি জগলুল. Retrieved 29 February 2016, from http://www.jugantor.com/old/news/2015/12/21/27220
[xviii] Bn.mtnews24.com,. (2016). স্বামী এমপি, সবকিছুর খবরদারি স্ত্রীর!. Retrieved 29 February 2016, from http://bn.mtnews24.com/Gaibandha/1578

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