Across-the-board accountability
ISLAMABAD: The Senate of Pakistan unanimously endorsed a committee report in September last year seeking setting up of a new accountability (Ehtesab) mechanism for across-the-board accountability of all including, generals and judges.
The Senate had approved the report of its Standing Committee on Law and Justice, seeking a unified and comprehensive accountability system in the country for all.
Then the government was not keen on such an across-the -board accountability system and thus ignored the Senate’s unanimous voice. However, the situation is now ripe to overhaul the system particularly after the army chief’s recent offer of military’s support for across-the-board accountability to check corruption.
The post-Panama Leaks scenario has also added pressure on thegovernmentfor having a politically independent accountabilitysystem. The Senate committee report had expressed dissatisfaction with the present accountability system and noted that the NAB, which has been entrusted with the task of investigatingand prosecuting corruption, falls short of the principle of “Accountability for all”.
The report had said, “The transparency of its (NAB’s) prosecution has increasingly been called to question being selective as the excesses of the military and the judiciary have by and large, being ignored by the Bureau.”
The Senate Committee, whose report was unanimously adopted by the Senate on September 18, had insisted, “In some isolated cases, the Bureau’s investigation methods have also been reported in the national press as violation of the standard human rights norms. These perceptions need to be rectified, if the accountability process is to gain credibility and transparency.”
The Committee, which had prepared the report was chaired by Senator M Javed Abbasi and comprises members including Senators Raja Zafarul Haq, Aitzaz Ahsan, Zahid Khan, Dr Farogh Naseem, Saeed Ghani, Babar Awan, Farooq H Naik and others.
The issue of “Corruption in FederalGovernmentDepartments” was raised inthe Senate and referred to the Committee in May last year. As reported earlier by The News, the Committee held various meetings and came up with the report, which had the following salient features.
- NAB and FIA have overlapping jurisdictions. Neither the NAB Ordinance 1999 nor FIA Act 1974 draws a clear distinction between the mandate and jurisdiction of these two institutions. Therefore, the NAB and FIA laws should be reviewed on priority basis to clear ambiguities and ensure smooth mechanism for coordinated working of both the institutions.
- Single anti-corruption agency may be created at the federal level with administrative and financial autonomy. Such an agency should be protected from political influence.
-There should be an Accountability system for all in which the accountability agency enjoys political and operational independence to investigate even the highest levels of political and bureaucratic functionaries. This system must exercise its powers in conformity with the international human rights norms and be accountable to the law of the land. The NAB, which has been entrusted with the task of investigating and prosecuting corruption, falls short of the above criterion to some extent. The transparency of its (NAB’s) prosecution has increasingly been called to question for being selective as the excesses of the military and the judiciary have by and large been ignored by the Bureau. In some isolated cases, the Bureau’s investigation methods have also been reported in the national press as a violation of the standard human rights norms. These perceptions need to be rectified, if the accountability process is to gain credibility and transparency.
-Proper legislation regarding Whistle Blower and Right to Information need to be done because there is a broad consensus on the importance of these laws in enhancing transparency and accountability, which is important to reduce opportunities for corruption.
-Setting up of IT-based One Window Operation system in all federal government departments should be ensured to make the service delivery process transparent and convenient to the general public.
-Mass media campaigns should be run for public awareness in fight against corruption.
-Curbing the tendency of extra secrecy and classification of government documents, decisions and policies.
-Introduction of the mechanism of time limits for service delivery for government departments which are responsible for provision of services and utilities to the public.
-Establishment of vigilance units within government departments.
-Cabinet secretariat, Establishment Division and Finance Division should carry out comprehensive civil service reforms to have a motivated, performance driven and professional civil service.