Challenges towards a stringent accountability regime
In the annals of Pakistani politics, the call for a stringent accountability mechanism has been a perennial slogan among political parties and leaders.
However, the practical realisation of this objective has been fraught with challenges, casting a shadow over the nation’s endeavours to minimise corruption.
Despite a plethora of legislations and anti-corruption bodies like the National Accountability Bureau (NAB), Federal Investigation Agency (FIA), Provincial Anti-Corruption Establishment (ACEs) and to some extent police as well, the gap between legislative intent and effective implementation persists, raising questions about the efficacy of current accountability framework.
Since the inception of the Anti-Corruption Act, 1948 till the National Accountability Ordinance of 1999 (NAO 1999), Pakistan has witnessed the evolution of numerous laws aimed at curbing corruption. The NAO 1999 has the overriding effect on all contemporary anti-corruption laws which is almost adopted from Hong Kong and Singapore due to which it’s called the Hong Kong model of accountability. However, the Corruption Perception Index (CPI) paints a disheartening picture, with Pakistan ranking 140th globally (recently improved the ranking to 133), while Singapore, with a similar legal framework, stands atop the list with Switzerland.
The dissonance between legislation and implementation in Pakistan is evident when we compare in term of CPI with Singapore.
Experts unanimously attribute the shortcomings to the glaring issue of implementation.
The slogan of accountability often wielded as a potent electoral tool, appears to be more a political maneuver than a sincere commitment to combat corruption.
Delving into the intricacies of implementation loopholes reveals an open secret, further exacerbating the challenge of bridging the gap between legislative intent and execution.
Pakistan, being a signatory to the United Nations Convention against Corruption (UNCAC), is part of a global alliance against corruption.
However, the practical enforcement of UNCAC faces hurdles when economic interests come into play.
Many nations, including developed countries, serve as safe havens for illicit wealth, permitting money laundering and black money without stern scrutiny. This underscores the need for a more robust international collaboration to combat corruption effectively.
Within Pakistan, multiple agencies as mentioned above are tasked with anti-corruption responsibilities, leading to overlapping jurisdictions.
To streamline efforts and enhance efficiency, there is a compelling case for consolidating these responsibilities under one comprehensive legislation and a unified department.
NAB, as the apex accountability agency, requires reforms to ensure autonomy and independence in its operations. NAB can play this role as a sole anti-corruption agency under solitary legislation.
The recent reforms introduced by the incumbent NAB chairman not only to uplift the image and performance of the institution but also to facilitate complainants and witnesses are perceptible.
More procedural and administrative reforms are also desired in the working of NAB along with open and live case hearings directly from accountability courts (trial court) to apex courts (appellate courts).
It is important to know that the conviction rate in NAB cases is almost 67 per cent, recovered approximately an amount of Rs800 billion, directly and indirectly which is a hallmark of this institution.
Readers may have the liberty to form an independent and impartial opinion about NAB but before forming the opinion do ask from affectees of the ‘Double Shah scam’, ‘Modarba scam’, Fazaia Housing Society scam etc. in which billions of defrauded rupees were disbursed to claimants/affectees.
Now come to the basic question, why accountability is still an orphan after 75 years of independence? Because this meritless and corrupt system suits to few aristocrats of our society whether they are sitting in offices or parliament. A corruption-free environment does not suit them in which a weak and deprived person can raise questions.
As it is said, “Hope lies in dreams, in imagination and in the courage of those who dare to make dreams into reality”. So, let’s support NAB for a prosperous and bright future.
Let’s write down a new social contract and set short-term, medium-term and long-term goals. Let’s promise to stop political and other intrusions in service delivery, good governance and accountability mechanisms. — The writer is a senior NAB official
Published in Dawn, February 26th, 2024