Challenges to reform the grassroots tier of local government

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In the recent past of Bangladesh, we were under the rule of Pakistan, British Empire, the Mughals and other Muslim Sultanates. It is said that village self-government in the sub-continent is as old as village themselves. Following the ‘Sepoy mutiny’ of 1857, there was not only a disruption in the law and order situation, but the revenue collection had also gone down which threw the government into a situation close to bankruptcy. Against this background, the government tried to broaden its base in the rural areas. Accordingly, the Government passed the Village Chaukidari Act of 1870, in an attempt to revive the traditional Panchayet system. Thus, the first legislation on the local government may be traced back during the period of British colonial administration. The seminal legal instrument that created firm legal basis for local government came with the famous resolutions passed by Lord Ripon in 1882. Subsequently, the Bengal Local Self-Government Act 1885 was passed through which Union Committees (UCs) were established. Construction of unsealed roads, primary education, and sanitation, upkeep of tanks and ponds and registration of vital statistics etc. were the key responsibilities of UCs. Later the legal system of local government gradually developed with the enactment of laws in 1909, 1919 and 1935. In the post independent era, new laws replaced old laws in Pakistan and Bangladesh. Though the Basic Democracy Order 1959 provided the foundation of the local government bodies in Pakistan, it is the Constitution of the People’s Republic of Bangladesh which provides the main source and legal sanctions to the establishment of the local government bodies in the independent Bangladesh.
Currently in Bangladesh, we have five units of local government institutions (LGIs) in rural and urban areas with five different sets of legal instruments. The individual units are: Union Parishad, Upazila Parishad and Zila Parishad in rural areas and Pourashava (municipality) and City Corporation in urban areas. Besides, there are traditional LGIs in CHT under the coverage of ‘Hill Tracts Manual 1900’. A new system of district council also established in three of the hill districts namely Hill District Councils, which is distinct and different from the 61 plain land districts. The latest laws under which each of the units is governed are as follows: Local Government (Union Parishad) Act of 2009, Upazila Parishad Act of 1998 (as amended in 2009 and also in 2011), Zila Parishad Act of 2000, Local Government (Pourashava) Act of 2009, Local Government (City Corporation) Act of 2009. Beside the main legislations, there are hundreds of subordinate legislations carrying the full force of law in each of the tier and unit. However, the way the legislations are enacted and executed, each tier and unit has become a watertight compartment. The inter-dependence and inter-organisational relationships are generally ignored. As a result, local government is not growing as composite and comprehensive system.
Rural Local government institutions (RLGIs) in the territory now comprising Bangladesh have undergone many experiments since
British period. Although some experiments intended to decentralise or devolve authority to the local government, they failed to sustain due to the lack of political commitment. Therefore, a principle- agent relationship still prevails between national and local government bodies. Besides, sporadic nature of experiments by different party in powers did not allow the RLGIs to evolve in a harmonious way. With the change of governments, policy on local government also kept changing. Thus, local government bodies have not been given a chance to act as a continuing working organisation. In the absence of any definite set of policies, concepts such as ‘local self-government’ and ‘devolution of authority’ are hardly applicable to our local bodies yet. Hence RLGIs in Bangladesh, even after having a tradition and practice of hundreds of years, still is not regarded and respected fully as effective, functional and credible service delivery mechanism.
Bangladesh inherited a colonial model of local government system as it was under the rule of the British Raj and Pakistan for 190 and 24 years respectively. As matter of fact, several attempts have been taken during various regimes since independence for strengthening local governments through decentralisation. Despite those efforts, it has been broadly criticised for its over-centralisation. Nonetheless, over the last few years, the country has been seen to go through some major reform efforts in strengthening the role and capacity of local government institutions (LGIs). More specifically, a range of decentralisation programmes and projects have been undertaken through the collaborative efforts of government and development partners.
As interim government is a bye-product of mass student upsurge against tyranny and fascism, there may be local government change for building society – 5 by the community people of the rural areas. It may look like panchayat in India. but the name would not be followed or copied like Panchayat. We may call it comprehensive community protection and development programmer (CCPDP). It may be treated as a tool for social change in the name of building society – 5. We are now in society-4. The present UP office may act as the center for comprehensive community protection and development (CCCDP). Late president Ziaur Rahman introduced the village defense party (VDP) in each village as the defensive mechanism of villages. The idea was indeed good. Following the idea, the village Platoons were formed, both male and female, comprising 32 from each group. As a result, there will be human resource development, villages will be self-reliant and there will be people’s force throughout the country. He could not materialise his plan. As a sister organisation of Ansar Bahini, present VDP’s strength stands around 60 lakhs who will undergo compulsory military training. It will continue rotationally and vacancies will be duly fulfilled. If the VDP members are utilised by this conception, nation may come up and every people will convert to asset. As it is not utilised or coming under any comprehensive government’s programme, the VDP organisation has become a nomenclature only. Nowadays the VDP organisation is a poor organization but it has the best potentialities and prospects. However, the rural students may join the platoons having the nominal remuneration or minimum honorarium. The community development and Protection Programme may contribute as an additional life force of our nation.
In order to augment this programme, I suggest the interim government to form the following committees under the umbrella of the above CCCPD programme. The committees are as follows: –
1. Community protection and social safety committee.
2. Environment protection and development committee
3. Education, sports, culture protection and development
Committee.
4. Health, Public Health protection and development committee.
5. Family planning protection and development committee.
6. Protection of Rural jurisprudence and development committee
7. Socio-Economic protection and development committee.
8. Protection of Food and Agriculture development committee.
9. Protection of Human Rights, values, ethics and
development committee
10. Safety & Security of the emergency services.
11. The implementation and evaluation committee, headed
by local UP chairman.
The majority members of the above committee may be included by the student’s community. The head of each committee may come from different professions like teaching, agriculture and business. The Committee head must possess the quality of a leader and a man with good name fame.
The issues and challenges of rural local governance is not something new rather the problem is deeply rooted. For solutions, it is imperative to go back to the roots from where it started. Unless the government in the post-independence era changes its colonial attitude and mind set and take lessons from its historical evolution; it will not come up with pragmatic and comprehensive solutions rather end up with mere cosmetic reforms that will perpetuate the colonial legacy. In our country there may be an additional layer of local government made up of groups of local authorities working together and receiving additional powers and funding from central government. This may be known as center for comprehensive community protection and development (CCCPD). These centers may be empowered and given the authority to exercise socio-economic activities ensuring peace, law and order situation in the villages. The system may develop in villages under the super-vigilance act of Union Parisad. The village Chaukidars and VDP platoons may act under a combined power of authority with the same roles and responsibilities. The UP chairman will be answerable and held responsible for the committee activities in the villages. Thus, the lowest tier of the village is panchayet with the extensional activities and programmme of CCCPD. And thereby Union Parisad, the local government tier may be strengthened and may emerge as a role model of local government.