Bangladesh

UCLG COUNTRY PROFILES People's Republic of Bangladesh গণpজাতntী বাংলােদশ (Gônoprojatontri Bangladesh) Capital Population Area

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Dhaka 158,570,535 (July 2011 est.)

143,998 sq km

1. Introduction

many years, but a democratically elected government was re-established in 1991.

Parliamentary elections took place in 1996, 2001 and 2008 with a peaceful transfers of power.

The People's Republic of Bangladesh comprises of three basic organs: The Legislative: resides in the 300 members (45 reserved for women) of unicameral National Parliament or Jatiya Sangsad Parliament, elected directly by popular vote from single territorial constituencies. Members serve five-year terms.

1.1 General Information Bangladesh is a sovereign state located in South Asia. Most of its land area is bordered to India except for a small part with Myanmar in the far southeast. The southern border is the 580 km coastline adjacent to the Bay of Bengal. Estimated population in July 2011 is 158,570,535 people with growth rate of 1.566%.

Bangladesh has land area of 143,998 sq km1). 2011 GDP is 7,875 billion Taka2).

Human Development Index (HDI) in 2010 is 0.469 according to UNDP data3).

After a violent struggle for liberation from Pakistan in 1971, Bangladesh was established as a parliamentary democracy.

The country was under military rule for 1

CIA factbook Board of Investment Bangladesh 3 http://hdrstats.undp.org/en/countries/profiles/BGD.html 2

The Executive: The President, elected by the members of Parliament, is the Head of the State. The President holds no more than two times five years term of office, consecutive or not. The executive power of the Republic is exercised by the Prime Minister, appointed by the President from the members of Parliament. Prime Minister leads the Cabinet, which comprise Ministers of State and Deputy Ministers.

The Judicial: The Supreme Court of Bangladesh is the highest judicial chamber, comprises of the Appellate Division and the High Court Division, headed by the Chief of Justice with the assistance from a number of other judges. The Chief Justice and other judges are appointed by the President. A Judge holds office until he attains the age of sixty seven years 1.2. Overview of Local Government’s Development Bangladesh has a long tradition of local government. The structure and functions of local government have been evolved in consonance with socio-economic and

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political transformation of the country.

Nevertheless, the Bangladesh Constitution (Articles 9, 11, 59, and 60) made provisions for establishing local government as an inseparable organ of state admnistration to safeguard democratic values and to secure economic and social justice. These four articles of the constitution together constitute the supreme source of all laws, ordinances, and rules relating to the local government system of the country.

The evolution of local government in the Indian subcontinent did not follow any specific laws or rules. It experienced dramatic changes in its nature based on the defining characteristics of the ruling regimes.

From 1765 until 1947, Bangladesh was under the rule of the Raj in India, and other tribes and ethnic groups from the Mughals and other Muslim rulers to Hindu and Buddhist potentates.

1.3 History of local government During pre-Mughal era, each village administered its own affairs. During medieval age, village administration was organized under the Village Panchayat, responsible for collecting revenues, maintaining law and order, overseeing education, irrigation, religious rituals, and moral behaviors of the villagers. Later during the Mughal period, the revenue collection system became more systematic, and Sarkar/ Chakla, and Pargana became the nerve centers of both general and revenue administration.

With the inception of the Permanent Settlement System, the British colonial rulers replaced the indigenous system with the British model of local governance. The Pargana and the Panchayat system were abolished and civil and criminal law became the basis of local administration and landlords became local rulers.

Under the Local Self-Government Act 1885, a three-tier system came into operation: district board for district, local board for subdivision, and union committee for several villages spreading over an area

of 10-12 square miles. Later, through the enactment of the Bengal Village SelfGovernment Act 1919, the former threetier system was replaced by a two-tier system consisting of union board and district board.

From 1947-1971, Bangladesh formed part of the eastern part of Pakistan, in which the Basic Democracy system introduced a four-tier local government set-up: union council, thana council, district council, and divisional council in ascending order.

In 1971 Bangladesh attained independence and dramatic changes were brought in the structure of the local government in accordance with changes made in the governance system to match the ideological shift of the ruling regime. The early years of independent nationhood were troubled times; between in late 1974 and early 1991 the nation was governed through various states of emergencies, coups and dictatorial leaders.

In 1991 free elections took place, though citizen unrest and social instability continued and none of the elected parties made good on their election pledges to introduce elected bodies at all administrative levels.This instability persisted until 2007, for in January of that year the army once again took control, quelling massive street protests and operating henceforth a military-backed caretaker government.

Voter turnout achieved 80% in the 2008 general elections, which was the highest in the history of Bangladeshi elections. The election itself resulted in a landslide victory for the Bangladesh Awami League (AL), defeating the BNP by scoring 263 seats out 300.

Over the years the successive governments in Bangladesh, have simply twisted the inherited local bodies to suit their political needs. Due to frequent changes and experimentations, the institutions have suffered and could not take a permanent and viable shape. There II

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is also a noticeable tendency towards building and expanding institutions rather hurriedly without going through necessary stages of development and maturation.

directly or by its representatives at the district level.

Administrative divisions: in relation

2. Territorial Organisation 2.1. Government Tiers and Their Nature Administratively, the central government is territorially divided into seven administrative divisions which are further subdivided into 64 Districts.

Administrative divisions: by number

3. Local Democracy

Source: Statistical Pocket Book Bangladesh2010, Bangladesh Bureau of Statistics

Urban and rural areas are divided according to income and size by local governments. In rural areas, districts are further organized into 483 Upazila Parishads. There are about 4,498 Union Parishads further sub-divided into wards.

Urban areas have two alternative structures: the six largest cities have City Corporation status, the remainder known as Pourashavas or Municipalities, classified on the basis of finance and income, which are further sub-divided into wards. The UP Chairpersons, Pourashava and City Corporation Mayors are directly elected by popular vote of the entire constituency while the ward members/councilors are elected by their respective constituencies.

Administratively all employees and senior officials at the devolved Government levels are appointed by the central government

3.1. Local Political System Local government bodies in Bangladesh are managed by a combination of elected people and appointed personnel. The Chairman and members of the Zila Parishads, including women, are all elected by direct vote. In addition, elected Chairmen of Upazilas and Municipalities would also become members of the Parishads, without voting rights. The District Commissioner (or Chief Civil Administrator) would serve as Executive Officer of the Parishad while the MPs elected for the Zila would be available as Advisers to the Parishad. In the case of the appointed people, for such levels as the Thana/Upazila Parishad, Zila Parishads and urban local governments (Pourashavas and City Corporation), there is both staff directly recruited by the local body as well as some sent on deputation (i.e. secondment) from the central government.

Appointments at Gram and Union Parishads are all locally done and the people selected are also generally from within the locality.

The Pourashava (Municipal) Parishads and City Corporation Parishads are elected directly by the people. Each Poura Parishad is supposed to have a Chairman and a III

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Commissioner for each Ward, while a City Corporation is supposed to have a Mayor as head of the Parishad (Council) and a Commissioner for each Ward. The number of Wards depends on the size of the city.

Although women can contest for direct election, there are also reserved seats for them. These are filled through election of the Chairman/Mayor and Commissioners only. The tenure of an elected urban local government is five years. The latest City Corporation elections were held in March 1994.

3.2. Citizen Participation Chapter 3, Article 59 of the 1972 Constitution emphasizes citizen participation as the foundation of local governance, implying direct representation in the local government bodies and direct participation of the citizens in local affairs.

However, frequent modifications in local government structure have reduced the possible spaces for the participation, and the extent and quality has been variable.

The Local Government Commission has also recommended special participation methods for various disadvantaged groups in local body activities, through nomination in committees.

At village level, citizen participation is very much in practice in all NGO led programs, as well as in many government programs.

As for the urban areas, local level (i.e.

Ward level) participation has been sought, but with limited success so far. The ability to hold a referendum is guaranteed by Act of Parliament, most notably the 1991 Referendum Act, but is related principally to constitutional amendments.

4. Supervision by central government 4.1. General Issues The present system of local government in Bangladesh is under heavy control by the

central government. The autonomy and authority of local governments are very limited. The present Awami League government (in power on a five-year term since June 1996) has taken steps to empowerment local governments, beginning at the Gram (Village) Parishad to the Zila (District) Parishad. The Gram Parishad and Union Parishad Bills have been approved, and bills giving greater autonomy to Upazila/Thana Parishad and Zila Parishad in the development phase. It is hoped that the current regime’s commitment to empowering local governments will be ongoing.

4.2. Supervision of Local Government Currently local governments are subject to strong control from higher level authorities, especially the central government. Union Parishad is subject to income expenditures audit from the central government. Upazila/Thana Parishad and Zila Parishad is subject to similar control from central government, in addition to internal audits.

Central government experts control over the local level through legislation and detailed regulations relating to: conduct of election business powers and duties of chairmen assessment of taxes preparation of budget making of contracts appointment and service matters of local government employment accounts and audit and many other important areas.

Even when local governments make regulations, these must be approved by the central government.

Central government also has the final authority in the determination of the size and boundaries of the local body's territory as well as deciding the structure and composition of the local bodies. In addition there is substantial control over the personnel system of local bodies, particularly the appointment of the Chief IV

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Executive Officer in City Corporations and Pourashavas.

The Central government set the functional jurisdiction of local bodies. Aside from designated functions (as in ordinance), central government can assign any other function to a local body, and also settles inter-institutional disputes within local body areas.

In terms of finances there is wide and strict supervision of local expenditures. In addition to financial control in general, the central government can reduce or enhance Grant-in-aid to local bodies, even to city authorities like Dhaka.

The Central Government asserts control and supervision over general administration of local bodies, including of large City Corporations. They may order an inquiry into the affairs of a local body generally or into any particular affair either on its own initiative or on an application made by any person to the government.

Finally the central government may dissolve a local body on charge of gross inefficiency, abuse of power, or inability to meet financial obligations.

However, instances of such drastic action have been rare in recent time.

5. Local government responsibilities Rural and urban local government bodies are entrusted with a large number of functions and responsibilities relating to civic and community welfare as well as local development. These responsibilities are laid down in the Gram Parishad and Union Parishad Bills (approved on 4 September 1997), ansd the Thana Upazila/Zila Parishad Bills which have yet to be approved in Parliament.

5.1 Rural Local Government Functions The Gram Parishad functions are as follows:

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Conducting socio-economic household surveys, every five years, and maintaining vital statistics (registration of births-deaths, marriage, etc).

Natural resource management and development plans.

Supervise management of primary educational institutes; public campaigns of support to education of children and adult literacy.

Improving public awareness of primary health care.

Maintain law and order Ensuring citizen participation in local and central government development planning.

Encourage co-operatives and NGOs. Initiate participatory development of local roads, bridges, culverts, etc.

Supporting agricultural development Encouraging and initiating tree plantation programs.

Assisting various organizations in their development efforts.

Union Parishads functions are quite similar to Gram Parishad functions with the addition of adoption and implementation of poverty alleviation programs directly and through NGOs and co-operatives.

The Thana/Upazila Parishads are entrusted with similar functions with Gram Parishads and Union Parishads with the addition of making integrated 5-year development plans for the Thana/Upazila based on the plans submitted by the Union Parishads.

Zila (District) Parishads are responsible for monitoring activities of the Thana/Upazila Parishads, implementing district level economic, social and cultural development programs and preparing project proposals for road, bridges and culverts.

5.2 Urban Local Government Functions Pourashavas (Municipalities) and City Corporations constitute the two types of urban local governments. The four largest cities of Bangladesh (Dhaka, Chittagong, Khulna and Rajshahi) are City Corporations. The functions of Pourashavas V

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and City Corporations are basically similar with one important difference: the 1997 Pourashavas Ordinance categorized the functions of Pourahsavas as compulsory and optional. This categorization does not apply to City Corporations. However, for both Pourashavas and City Corporations functions continue to be seen as compulsory and optional.

Mandatory Functions:  Construction and maintenance of roads, bridges and culverts.  Removal, collection and disposal of refuse.  Provision and maintenance of public streets and street lighting and trees.  Control over traffic and public vehicles.  Provision and regulation of water supply.  Establishment and maintenance of public markets.  Regulation of unsanitary buildings and prevention of infectious diseases and epidemics.  Registration of births, deaths and marriages.  Provision and maintenance of slaughter houses.  Provision and maintenance of drainage.  Control over the construction and reconstruction of buildings.  Provision and maintenance of graveyards and burning places.

Optional Functions:  Checking food products for adulteration.  Control over private markets.  Maintenance of education institutions and provision of student stipends.  Provision of flood and famine relief.  Provision and maintenance of parks and gardens.  Establishment of welfare homes, orphanages, prevention of begging and organization of voluntary social welfare services.  Establishment of public dispensaries, provision of public urinals and latrines.

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Establishment of veterinary hospitals, registration of cattle sale and improvement of livestock.

Celebration of national holidays.

Reception of distinguished visitors.

Establishment of public libraries and reading rooms.

Promotion of community development schemes.

Naming of roads and numbering of houses.

The Pourashavas/City Corporations are empowered to perform a variety of socioeconomic and civic functions, as described above. However, in practice they cannot perform all these functions, owing to sever lack of funding caused by poor and irregular collection of taxes, non-realization of taxes from government, semigovernment and autonomous organizations for years together and insufficient government grants.

The functions actually performed are:  Construction and maintenance of roads, bridges and culverts.  Removal, collection and disposal of refuse.  Provision and maintenance of street lighting.  Provision of water supply.  Establishment and maintenance of public markets.  Provision, maintenance and regulation of graveyards and burning places.  Registrations of birth, deaths and marriages.  Maintenance of slaughter houses.  Control over private markets.  Provision and maintenance of parks and gardens.  Naming of roads and numbering of houses.  Provision of nominal stipends to primary education institutions.  Slum improvement.

Apart from the formal functions described above, the Pourashavas/City Corporations perform some additional functions such as VI

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issuance of certificates and settlement of petty disputes (over ownership/control of land, houses and markets) through discussions with concerned parties and with the help of commissioners and other functionaries.

appointments are made by the Mayor. He is also the supreme chief executive of the Corporation making all major negotiations and signing and contracts. For other City Corporations the CEO makes appointments.

During the past decade, 20 Pourashavas and the four City Corporations have also been carrying out an additional function (on project basis) of slum improvement in partnership with UNICEF. Dhaka City Corporation has even made slum improvement an integral part of activities with its own funding and has targeted programs for slum dwellers and street hawkers.

Except the Union Parishads, all other local government bodies have officials on secondment, which belong to their respective cadre services. Their parent department indicates their service conditions. On the other hand, officials and employees directly recruited by the Union Parishad, Thana/Upazila Parishad and Zila Parishad are guided by the Local Council Service Rules. In the case of Pourashavas and Corporations, these are guided by their respective service rules. The Special Affairs Division under the Prime Minister's Secretariat is responsible for employees of Hill District Local Government Parishads.

The Ministry of Local Government, Rural Development and Co-operatives is the central personnel agency for the management of Local Council Service and Pourahsava and Corporation service.

5.3 Human resources Staffing for the different tires of local government is outlined in Gram Parishad and Union Parishad Bills.

Under this system Union Parishad would have a fulltime Secretary, 9 Mahalladars (Neighborhood Workers) and 1 (Caretaker). There would also be a Tax Collector and an Assistant Secretary /Accountant positions. The Chairman of the Union Parishad is the Chief Executive. In this system the Thana/Upazila Parishad would represent officers and employees of all central government administrative and development agencies. All officials are answerable to the Chairman. In case of the Zila Parishad; the secretary is a deputed (seconded) official from the government.

All other officials such as the administrative officer and others are employees of the Zila Parishad.

Pourashavas and City Corporation have their own organization for personnel. Each of the four City Corporations and several Pourashavas have Chief Executive Officer (CEO) seconded from the central civil service. The CEO assists the Chairman or Mayor in the affairs of the Pourahsava or Corporation. He or she is the custodian of all Pourashava/Corporation records and may also exercise magisterial powers.

The case of Dhaka City Corporation is an exception in that all senior level

5.4 Staff training and social protection Training for elected representatives, appointed and nominated personnel are provided at the National Institute of Local Government (NILG) in Dhaka. Training is generally limited to officer levels, some are even sent abroad for short-term training.

Lower level technical or general staff are rarely given any training or chance to improve their skills.

Salary scale and service conditions are similar to other government services in the country with added benefits such as house rent allowance, medical allowance, contributory provident fund, gratuity benefits, festival bonus, etc. Normal retirement age is 57. Class III and Class IV in large corporations and Municipalities also form unions to uphold their rights and privileges. Enforcement of disciplinary action often becomes difficult due to union pressure. There is no available information regarding the number of public officials.

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Sources

of

Municipal

Revenue

6. Finances locales

6.1 Local Revenues Most major tax bases remain under the control of the central government and while own-source revenue potential varies vertically across the different levels as well as horizontally across different entities at each level.

Local bodies in Bangladesh are in constant shortage of funds. Tax management of Municipalities is weak due to poor assessment system, inefficient manpower, legal issues and corruption resulting in poor tax collection. Own-source revenues are taxes, rates, fees and charges levied by the local body as well as rents and profits accruing from properties of the local body and sums received through its services. Holding taxes is the most important own-source revenue of local bodies. Loans and voluntary contributions are rare.

Contribution from individuals and institutions, government grants, profits from investments, receipts accruing from the trusts placed with the local bodies, loans raised by the local body and proceeds from such services are another source of income governments may direct to be placed at the disposal of a local body.

Non-tax revenues are of two kinds: fees and tolls and rents and profits on properties of the local bodies.

Source: unescap.org

Urban local bodies raise 55-75 percent of the revenue from their own source while a significant proportion comes from government grants. Nowadays, foreign or international project funds also contribute a significant share of corporation's budget.

6.2 Local Expenditure Municipal expenditures are mainly geared towards physical infrastructure, which makes up 30-40% of total expenditures.

Public Health in turn accounts for 15-20% of total budgets and administrative expenditure average between 7-16%.

Expenditures on social sectors are negligible.

______________________________________________________ Sources: Asian Development Bank (2011). “Asian Development Outlook 2011 Update.” Asian Development Bank.

Mandaluyong City, Philippines. 2011.

Bangladesh Bureau of Statistics (2009). “Statistical Pocket Book Bangladesh 2009.” Bangladesh Bureau of Statistics, the People's Republic of Bangladesh. Dhaka, Bangladesh. 2009. From: <http://www.bbs.gov.bd/WebTestApplication/userfiles/Image/SubjectMatterDataIndex/pk_book_09.pdf> Board of Investment Bangladesh (2011). “Bangladesh at a Glance.” Board of Investment Bangladesh, Prime Minister's Office, the People's Republic of Bangladesh. Dhaka, Bangladesh. 2011.

From: <http://boi.gov.bd/about-bangladesh/bangladesh-at-a-glance>

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Economic Adviser's Wing, Finance Division, Ministry of Finance (2010). “Bangladesh Economic Review 2010.” Ministry of Finance, the People's Republic of Bangladesh. April 2010.

Paul, Sohini and Goe, Pooja Ramavat (2010). “Decentralisation in Bangladesh.” NCAER New-Delhi. NewDelhi, India. September 7, 2010.

The People's Republic of Bangladesh (1972). “Constitution of the People's Republic of Bangladesh.”

United Nations Economic and Social Commission for Asia and the Pacific (2011).

“Local Government in Asia and the Pacific: A Comparative Study, Country paper: Bangladesh.” Bangkok, Thailand. 2011. From: <http://www.unescap.org/huset/lgstudy/country/bangladesh/bangladesh.html#person>

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