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Corruption in Pakistan Samina Amir Malik Sunday, December 16, 2012 - The menace of corruption has links to a multitude of ices! "ts roots are linked to in#ustice, mistrust, suspicion, e$tremism and terrorist acti ities! "t creates a sense of insecurity, e$acerbates po erty and adds to the misfortune of the ulnerable se%ments of the society! "t also instills a sense of hopelessness and despondency and threatens the stren%th of %ood alues &hich ha e been established o er centuries of ci ili'ed stru%%le! The &ord ()orruption* has its ori%in in a +atin erb (corrupts* meanin% (to break*! +iterally, it means (a broken ob#ect*! "n simple &ords, corruption means (the misuse of entrusted po&er for pri ate benefit!* )onceptually, corruption is a form of beha ior &hich departs from ethics, morality, tradition, la& and ci ic irtue! The term corruption has arious definitions! The ,nited -ations Manual on Anti-)orruption, the Transparency "nternational, and the multilateral financial institutions like the .orld /ank and Asian De elopment /ank define corruption as, (abuse of public office for pri ate %ains* The -ational Anti )orruption Strate%y 0-A)S1 has defined corruption as (a beha ior on the part of office holders in the public or pri ate sector &hereby they improperly and unla&fully enrich themsel es and2or those close to them, or induce others to do so, by misusin% the position in &hich they are placed!* Section 3 of the -ational Accountability 4rdinance 1333 has defined corruption and corrupt practices in a comprehensi e manner! "t has enlisted about t&el e different shades of corruption! "lle%al %ratifications, bribery, e$tortion, abuse of office, fraud, cheatin% and criminal breach of trust are some of the corrupt practices mentioned in the -A4 1333 0Anne$ A1! Startin% &ith the 5re ention of )orruption Act 1367, there are about si$ty pieces of enactments and rules that deal &ith offences of corruption and corrupt practices in 5akistan 0Anne$ /1! The ultimate ictim of corruption and po erty is the human di%nity itself! 8ence corruption causes breach in the social order and emer%es as a potential threat to the prosperity, peace and stability of human ci ili'ation across the %lobe! )orruption in %o ernment spendin% leads to serious reduction in impact of de elopment pro%ram and results in perpetual increase in cost of maintenance of public assets! The primary responsibility of ensurin% the culture of sound mana%ement or &hat &e %enerally call %ood %o ernance lies directly on shoulders of the ci il administration! "n a democratic dispensation, the process of accountability starts at the first sta%e of the (con ersion process* 9 the elections, &hich is the connectin% link bet&een the rulers and the ruled! "t is at this sta%e that the foundation of sound and transparent political culture could be laid! The electorate ou%ht to carefully demonstrate their first choice 0ri%ht to ote1 of the process and to e$ercise their ri%ht only under the dictates of their conscience! "n return, the rulers &ho are the custodians of the political en irons ou%ht to honour the trust reposed in them and to #udiciously e$ercise the po&ers they deri e from that trust! "n order to ensure consistency and sustainability of an accountable, transparent and open political process, it is imperati e to keep the connectin% link intact! 4n independence, 5akistan inherited &eak political institutions! 5erformance of these institutions in the country o er the years further dama%ed the culture of transparency and accountability! Admittedly, efforts at establishin% a stron% political dispensation ha e been facin% frustrations head on but these institutions ha e also failed to capitali'e upon the a ailable opportunities! Their internal democratic traditions are still &eak and non transparent! Due to lack of respect for participati e alues, the mainstream political parties are %enerally dominated by a sin%le person! The corporate sector is also littered &ith failures due to corrupt practices! Scandals in the corporate sector are sub#ects of headlines in the media! .ron% practices seem too common, and unacceptable beha ior has become a normal practice! )orporate %o ernance has been practiced only in form and not substance! )hairmen, chief e$ecuti e officers and directors are appointed on the basis of political and personal clout! Merit is a less isible

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commodity! Thus politici'ation and inefficiency at the top mana%ement le els has resulted in steep decline in the :uality of output! "lle%al con er%ence of interest has encoura%ed insider tradin% &hich causes frustration and setback to the %enuine in estor! The essential components of corruption ;ree State are the rule of la&, accountability, transparency and predictability! The rule of la& means e:ual application of la&, e:ual protection by la& and e:uality before la&! "n the absence of the rule of la&, institutions %et &eak and become hatcheries for corrupt practices! Ma#or causes of corruption in 5akistan are as follo&s< +ack of effecti e internal accountability mechanism! Discretionary po&ers and their fla%rant abuse by the public office holders! Absence of and &eakness of the &atch-do% a%encies! 5olitical leaders= incompetence and betrayal of public trust &ith penchant for selfenrichment! +ack of transparency in the %o ernment=s decision-makin% process! +en%thy and cumbersome procedures in the e$ecuti e system! .eaknesses in the #udicial system! 5olitical choices! 5o&er of influential people! "nade:uate &a%e en elope!

Pakistans corruption conundrum 8uma >usuf )orruption has been the by&ord of the 555-led coalition %o ernment=s recently concluded term! 5resident Asif ?ardari spent much of the past fi e years dod%in% the Supreme )ourt=s efforts to reopen corruption cases a%ainst him! .hen the %ame cost him one prime minister, he brou%ht in the i%nominiously monikered @a#a @ental, accused of takin% kickbacks durin% the public procurement of rental po&er plants! And these are only the t&o most ob ious e$amples from a term littered &ith accusations of bribery, kickbacks, secret funds, missin% containers, 8a## and dru% scams, mysterious suicides by -A/ officials, and more! -ot surprisin%ly, most parties hopeful of sei'in% po&er after the elections ha e promised to eliminate corruption! "mran Ahan has backed up his o& to eradicate corruption &ithin 30 days of comin% to po&er by litterin% the 5T" manifesto &ith accountability mechanisms, includin% plans to pursue past me%a-scandals, asset reco ery and an independent and prosecutorial arm for -A/! The 5M+-- manifesto, too, calls for an autonomous accountability commission to stem corruption! MBM has championed the fact that there are no corruption cases pendin% a%ainst any of its ministers! /ut as pollin% day approaches, parties &ould do &ell to cool off on the anti-corruption rhetoric! This is because, irrespecti e of &hich coalition comes to po&er on May 11, corruption le els in 5akistan are likely to soar in comin% years! Any %o ernment that &ins otes on an anti-corruption mandate &ill thus find itself 9 and the democratic set-up as a &hole 9 thorou%hly discredited in the public eye! There are many reasons to e$pect short-term increases in corruption! ;irst off, the process of political de olution, &hich is not yet functionally complete, &ill lead to misappropriations at the pro incial le el as poorly trained bureaucrats start to %et their hands on bi% chunks of chan%e! Thanks to decentralisation, the public &ill feel the impact of such corruption more ur%ently, as they &ill &itness their local M5As %et e en richer as roads and se&ers remain unbuilt! 4ther causes for soarin% corruption in youn% democracies &ere &ell outlined by Milan Caishna in a recent article about "ndia! 8e ar%ues that apparent increases in corruption across the border are the product of (positi e de elopments< increased transparency and rapid economic %ro&th!* This ar%ument is e:ually, if not more true, for 5akistan!

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"n recent years, 5akistan=s media has become emboldened, and hesitates less before e$posin% scandals! This is because of impro ed #ournalistic capacity and the %reater independence of media outlets as &ell as their increased politicisation! "t has become de ri%ueur for politicians and clashin% institutions to undermine their ri als by leakin% incriminatin% e idence 9 often corruption-related 9 to the media! As media houses proliferate and become more partisan, such practices are likely to escalate, amplifyin% the perception that corruption is on the rise! Moreo er, the empo&ered #udiciary 0&hich did not hesitate this &eek to release a list of #ournalists &ho recei ed payouts from the %o ernment=s Dsecret fund=1 coupled &ith bodies such as the 5ublic Accounts )ommittee and -A/ &ill continue to brin% more corruption cases to li%ht! Some of these &ill be %enuine, others politically moti ated! /ut that=s besides the point, &hich is simply that the 5akistani public should brace to be assailed by stories of enality like ne er before! This &ill especially be the case if 5akistan=s ne$t %o ernment %enuinely sei'es the task of re ampin% the country=s economy! Economic %ro&th is dri en by bi% ener%y pro#ects, pri atisation of state enterprises, forei%n in estment deals, public procurement, and the %rantin% of licenses for minin%, natural resource e$ploration and other e$tracti e industries! "n other &ords, economic %ro&th hin%es on deals that lend themsel es to profiteerin% and kickbacks 9 e$actly the kind of deals that our %o ernment bureaucracy is not transparent nor institutionalised enou%h to handle &ithout si%nificant increases in corrupt practices! As in "ndia, 5akistan is likely to see a ne& era of %o ernment collusion &ith bi% industry 0and resultin% corruption1 in the name of economic %ro&th! Moreo er, a ne& %o ernment &ith ne& ideas on ho& to counter e$tremism or tackle 5akistan=s education emer%ency may see ne& &indfalls in the form of donor funds! These too &ill be increasin%ly ulnerable to misappropriation as they trickle throu%h ne& hands at the pro incial and district le els! "ronically, for all its disdain for enal politicians, the electorate &ill also be complicit in the short-term spike in corruption! Caishna cites research that su%%ests that "ndian oters support politicians &ith a reputation for corruption because (criminality is often ie&ed as a si%nal of a politician=s ability to %et thin%s done, especially for his or her parochial community!* "t seems likely that this is true of 5akistan as &ell, particularly as ne&s reports flo& in of oters linin% up to support those politicians &ho secured the most de elopment funds for their constituency or those &ho can be counted on to take care of their biradari 0&ith fe& askin% &hether the resources &ere obtained throu%h fair means or foul1! Speakin% to Da&n, 5M+--=s Ahsan ":bal recently pointed to this reality &hen he e$plained that in the e ol in% conte$t of rural politics, (no one person, not e en t&o, three or fi e people sometimes can deli er a ,)! E eryone &ants direct access to their representati e! There is a&areness!* That Da&areness= is code for< " &ant my share too! As historic as the 201F elections &ill be, they &ill be contested on old rules of patrona%e politics! 8a in% &on otes on the basis of dharras and biradaris, politicians &ill be forced to deli er usin% the familiar tricks of corruption and cronyism! ;or a country as ne& to democratic practice as 5akistan is, it is unfair to e$pect oters to adopt lon%-term thinkin% in fa our of institution-buildin% rather than re el in the immediate %ratification of backin% &innin% candidates and en#oyin% short-term ser ice deli ery! As such, 5akistan=s corruption conundrum 9 the fact that democratic consolidation &ill ine itably lead to more fre:uent incidences of %raft 9 should be seen as an opportunity, and the start of a process! /ut by makin% these upcomin% polls about :uick fi$es to root out corruption, 5akistan=s politicians risk lea in% the electorate disillusioned! After all, the a era%e 5akistani is sick of corruption in e ery sphere of life 0hence the thousands &ho bra ed free'in% temperatures and rainfall in Ganuary to support Tahirul Badri=s anticorruption rants1! 5romise to eradicate corruption, and then fail to do so, &ill ha e many oters likely to start :uestionin% the merits of a system that cannot deli er!

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The point here is not to normalise or e$cuse corruption! /ut &ithout ackno&led%in% the reality that it must increase before it decreases, our political parties are %earin% to disappoint oter e$pectations 9 a dan%erous strate%y in a country &here too many actors are &aitin% in the &in%s, ea%er to see democratic parties undone once a%ain!

Ending corruption in Pakistan /y Dr A'eem "brahim "mran Ahan, leader of the 5akistan Tehreek-i-"nsaf, has made eradicatin% corruption a central plank of his campai%n platform! +ast year, he commissioned me to e$amine the kind of le%islation re:uired to tackle corruption and the result is a report titled +e%al Structures to Address the 5roblem of )orruption in 5akistan! The 1H0-pa%e report %i es e$amples of le%islation from other countries that emer%ed from authoritarian rule and stresses that the process is threefold I transparency, definin% corruption and protection of &histle-blo&ers must not only be enshrined in la& but must be enforceable and ri%orously implemented! The report contains e$amples and best practices from many countries, &hich are dealin% successfully &ith corruption I Jeor%ia, 5oland, Cietnam, Turkey I and not only pro ides e$tensi e details but also contains sample le%islation! )orruption continues to be a matter of deep concern as it destroys the social contract bet&een those &ho are %o ernin% and those bein% %o erned! "t is considered by some international forums to be a iolation of human ri%hts and e en a crime a%ainst humanity! The embe''lement of public funds is a central threat to human ri%hts and the sur i al of democracy! .e are not talkin% about the petty corruption that e$ists at the bureaucratic le el, &hich seems to be endemic in most de elopin% countries that ha e a fra%ile deli ery of social ser ices! The concern is for the &idespread financial and political corruption, nepotism and abuse of po&er that enables politicians and leaders to amass hu%e pri ate fortunes, &hile their constituents remain in po erty! This is happenin% on an unprecedented le el in 5akistan! This year, the country has reached the hi%hest le el of corruption yet, as measured by Transparency "nternational 5akistan in its 2012 report! 5akistan has become e en more corrupt since the last assessment and is no& ranked 62 compared &ith the pre ious rankin% of FF! )orruption in 5akistan has reached its hi%hest le el durin% the last year and has totalled @s12,600 billion o er the last fi e years! 5akistan first needs a le%islati e definition of corruption! Much of the country=s le%islation re%ardin% anticorruption dates back to 1K60, in la&s inherited from the /ritish colonial administration! There are multiple la&s in 5akistan, &hich o erlap, ha e %aps, or e en &orse, ha e been drafted to protect particular interest %roups! 5akistan attempted a ;reedom of "nformation /ill in 2002 but it &as ne er passed! The key findin%s of the report are that effecti e anti-corruption le%islation must ha e< i1 transparency le%islation, &hich includes a1 reportin% conflicts of interest, b1 politicians and state officials must disclose their assets I before appointment, annually durin% appointment and e en after appointment and c1 freedom of information le%islation I information should be a ailable to all publicL ii1 corruption le%islation, definin% the problemL and iii1 &histle-blo&er protection, &hich is ery important as indi iduals must ha e the confidence to e$pose corruption and employees are more likely to detect fraud, corruption and misconduct than any outside %o ernment a%ency! This sample le%islation reflects best practices from around the %lobe and forms a ery useful foundation that can be fast tracked to&ards implementation!

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5akistanis are callin% for ri%hts, #ustice and security in their country and ha e been frustrated for far too lon% by a ci il and criminal #ustice system that is failin% the people! 5ublic accountability and transparency are needed ur%ently if the democratic e$perience is to sur i eL presently, ordinary people are turnin% to iolence for dispute resolution in the absence of an impartial #ustice system! The people and their representati es can only achie e %ood %o ernance if the administration of #ustice is seen to be abo e reproach! "mran Ahan is a&are that the body of anti-corruption la& must be re ised, updated and made complete! 8e certainly has the political &ill to see this throu%h and intends to stop the plunderin% of 5akistan=s financial resources and di ert them to benefit ci il society! The people of 5akistan deser e nothin% less!

Bribery will not Considered Corruption in new Accountability Bill Pakistan


+ahore< 4ne of the strikin% features of a ne& accountability bill the %o ernment proposes to introduce in the -ational Assembly is that it does not consider bribery as corruption, sources ha e re ealed! This emer%ed as the 555-led %o ernment readies itself to establish a ne& accountability &atchdo% named -ational Accountability )ommission 0-A)1 to replace the e$istin% -ational Accountability /ureau 0-A/1! The task of o erseein% the process of this transformation has been assi%ned to a former banker! The transformation of the -ational Accountability /ureau 0-A/1 into -ational Accountability )ommission 0-A)1 &ill be o erseen by the Director Jeneral of -A/=s ;inancial )rimes "n esti%ation .in%, Aauser ":bal Malik, &ho &as also appointed as the head of the Goint "n esti%atin% Team constituted by the -A/ chairman to probe the alle%ed business deal bet&een Dr Arsalan "ftikhar and Malik @ia', sources familiar &ith the matter re ealed! A copy of the order issued by the -A/ head:uarters in this re%ard is a ailable &ith The E$press Tribune! The contents of the order issued &ith the stamp and si%nature of Tari: Aleem, the additional director at the -A/ head:uarters, reads that Aauser Malik &ill o ersee the entire process, under the %uidelines of the %o ernment and the appropriate la&! Sources familiar &ith the matter told The E$press Tribune that the purpose of a ne& accountability bill to replace the e$istin% -ational Accountability 4rdinance 0-A41 1333, &as to sa e the skin of some influential di%nitaries of the federal %o ernment, includin% former prime minister Syed >ousaf @a'a Jilani, the current premier, @a#a 5er ai' Ashraf, four federal ministers, an ad iser to the premier and some top bureaucrats of the federal %o ernment, alle%edly in ol ed in corruption cases, &hich are also pendin% before the Supreme )ourt! Accordin% to the e$istin% -A4, -A/ cannot %i e a clean chit to these di%nitaries because of stron% documented and oral e idence &hich has been %athered by -A/=s in esti%ators durin% the course of in:uiries as &ell as the in esti%ations carried out, particularly in the alle%ed corruption cases of the 5akistan Steel Mills, the rental po&er pro#ects, 5akistan @ail&ays, the 4il and Jas @e%ulatory Authority, 8a## scandal, -ational "nsurance )ompany +imited scandal, the -ational +o%istic )ell scam, etc! Despite se eral reser ations and the e$pected opposition from the 5M+--, the 555-led %o ernment has nonetheless decided to introduce a ne& accountability bill in the -ational Assembly and press ahead &ith the transformation of -A/ into -A), sources said! Sources added that the proposed accountability bill does not consider bribery as corruption, &hich is defined as such under Section 30A1 of the -A4! The ne& bill also i%nores the basic philosophy of corruption as en isa%ed in Section FF0/1 and FF0)1 of -A4! ,nder the e$istin% -A4, the chairman of -A/ can only be remo ed under the same process used to remo e a #ud%e of the Supreme )ourt, as this %uarantees him tenure of four years and the liberty to act &ithout any

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political pressure! /ut under the ne& proposed bill, the chairman &ill remain under constant threat of bein% remo ed before his term e$pires! ,nder the current -A4, -A/ has the po&er to make a re:uest for le%al assistance from forei%n countries to free'e, confiscate and dispose of assets held in those countries by local politicians accused in corruption cases! 8o&e er, the ne& bill &ould limit this po&er for -A)! 8afi' Muhammad "rfan, the 5ublic @elations 4fficer of -A/, told The E$press Tribune that the office order re%ardin% the transformation of -A/ to -A) &as an internal arran%ement! Asked if the %o ernment &anted to introduce the ne& bill to sa e the skin of influential personalities, "rfan replied that -A/ &ill continue to conduct in:uiries and in esti%ations accordin% to the spirit of the e$itin% -A4 till its e$istence! Corruption in Pakistan: how to alleviate it? /y Masood!,r!@ehman Ahattak )orruption is an e il &hich has played ha oc &ith the socio-economic de elopment of 5akistan! )orruption is a curse and a ma#or hurdle to the pro%ress of 5akistan! Accordin% to the .orld /ank estimates, more than ,SM1 trillion is paid in bribes e ery year and accordin% to one estimate the cross-border flo& of proceeds from corruption, criminal acti ities, and ta$ e asion is ,SMF!61 trillion e ery year, or the e:ui alent of F to H percent of the &orld=s JD5! The African ,nion has estimated that corruption costs African economies in e$cess of ,SM16K billion a year &hich represents 2HN of AfricaOs JD5! These statistics sho&s that corruption is not only threat to 5akistan, but it is also a ma#or irritant in the de elopment of countries at %lobal le el! 5akistan is facin% corruption in almost e ery sector! There are many types of corruption! )ommonly kno&n types are 011 - Systemic corruption, 021-Sporadic 0indi idual1 corruption, 0F1 - 5olitical 0Jrand1 corruption, 061 5etty corruption, 0H1 - +e%al and Moral )orruption! Systemic corruption is an inte%rated and essential aspect of the economic, social and political system, &hen it is embedded in a &ider situation that helps sustain it! .hereas, sporadic corruption is the opposite of systemic corruption! Sporadic corruption occurs irre%ularly and therefore it does not threaten the mechanisms of control nor the economy as such! The third type of corruption is political corruption, &hich means any transaction bet&een pri ate and public sector actors throu%h &hich collecti e %oods are ille%itimately con erted into pri ate-re%ardin% payoffs! 5olitical corruption is often used synonymously &ith %rand or hi%h le el corruption, distin%uished from bureaucratic or petty corruption because it in ol es political decision-makers! This type of corruption is common in 5akistan! 5etty corruption means a small scale, bureaucratic e eryday corruption that takes place at the implementation end of politics, &here public officials meet the public! 5etty corruption is bribery in connection &ith the implementation of e$istin% la&s, rules and re%ulations, and thus different from %rand or political corruption! Such corruption is ery much common in our daily li es! .hether courts, police stations, colle%es, hospitals, or any other institution, such corruption is present e ery&here in 5akistan! )orruption in 5akistan is rampantL almost e ery institution is in ol ed in corruption! Accordin% to the Transparency "nternational report 2011, 5akistan stands at F6th position in the &orld! The le el of corruption has reached the optimum and it is ad isable for the %o ernment of 5akistan to take some serious action to root out this menace from society! )orruption has a &ide ran%e of implications for the society!

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)orrupt people bein% in stron% position depri e the poor and &eak of their due ri%hts and share! )orruption causes ine:uity in society and the %ap bet&een the rich and the poor increases! "t is also re%arded as the murder of merit! )orrupt people bypass deser in% people and appoint their relati es or supporters to lucrati e posts! A Jreek statesman 5ericles has described corruption in a fascinatin% &ay! (;ishes li e in the sea, as men do on land< the %reat ones eat up the little ones!* "n this &ay, a competent man is depri ed of his ri%ht! This is one of the reasons that our youth is stri in% for chan%e in 5akistan! )orruption also causes po erty and unemployment! .hen deser in% people are denied their ri%ht then it is ob ious that po erty and unemployment &ill increase! Due to corruption &e ha e a poor infrastructure, roads and buildin%s! )orrupt contractors use lo& :uality material in the construction of buildin%, roads and brid%es, riskin% the li es of many! The %o ernment must take concrete steps to root out this menace from society! 4ur leaders must read this 8adith and reali'e this fact that there &ill be accountability in the life after death! PA ruler &ho has been entrusted &ith the affairs of Muslims, but makes no endea or 0for their material and moral uplift1 and is not sincerely concerned 0for their &elfare1 &ill not enter paradise alon% &ith them!P 0Sahih Muslim1<K21 "t is necessary for us to first identify the cause of corruption! 4nly then &e can propose remedy for it! The first cause of rapid corruption in 5akistan is lack of accountability! 4ur institutions like anti-corruption department and -ational Accountability /ureau- 0-A/1 are not fully independent! .hether it is military rule or ci ilian %o ernment, these institutions ha e been influenced and used by both ci il and military %o ernments for their personal %ains or political ictimi'ation of the opponents! 4ne of the ma#or causes of corruption is de iation of people from the teachin%s of the 8oly Buran and Sunnah! The 8oly 5rophet 0SA.1 said< P"f you %et somethin% from people because of your position it is bribery! .ould you %et it if you are not holdin% that position, or if you stay in your fatherOs houseQP The apostle of Allah Almi%hty has also said< (Allah &ill call us to account ho& &e spend our life, our youth, our &ealth and our kno&led%e!* 5rophet Muhammad 0SA.1 said< P.hosoe er from you is appointed by us to a position of authority and he conceals from us a needle or somethin% smaller than that, it &ould be misappropriation 0of public funds1 and RheS &ill 0ha e to1 produce it on the Day of Gud%ment!P 0Sahih Muslim no! K671 Almi%hty Allah says< PAnd eat up not one another=s property un#ustly 0in any ille%al &ay e!%! stealin%, robbin%, decei in%, etc!1, nor %i e bribery to the rulers 0#ud%es before presentin% your cases1 that you may kno&in%ly eat up a part of the property of others sinfully!P 0Surah Al-/a:ara, Ayat< 1KK1 8oly Buran states< P)orruption 0sins and disobedience of Allah, etc!1 has appeared on land and sea because of &hat the hands of men ha e earned 0by oppression and e il deeds, etc!1, that Allah may make them taste a part of that &hich they ha e done, in order that they may return 0by repentin% to Allah, and be%%in% 8is 5ardon1!P 0Surah Ar-@um, Ayat <611!

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(The Apostle of Allah 0SA.1 cursed the one &ho bribes 0rashi1 and the one &ho takes 0murtashi1!* 0Sunan Abu Da&ud, 8adith -o! 1H3H1! All these abo e narrations from Buran and Sunnah clearly assert that there is no place of such slea'e in "slam! A true Muslim &ould ne er de iate from the &ords of Allah, and 8is 5rophet 0SA.1! )orruption has been denounced by Allah and our prophet and it is bindin% upon e ery Muslim to curb this menace!

Corruption In Pakistan Mother of all ills )orruption is a method and a techni:ue adopted #ust to bypass the rule of la& and en%ulfin% the &hole system into socio-economic turmoil! ;urthermore, corruption, bein% the mother of all ills, %i es birth to multifarious problems includin% nepotism, fa ouritism and ne%atin% meritocracy, transparency and accountability! "t is an established fact that the cruelty sho&s its influence as the rule of la& is abro%ated! /ankin% scams, industrialistOs monopoly to create baseless crises, bypassin% the constitutional supremacy, la ish li in% styles of the rulin% class, forei%n tours under the head of national e$che:uer, %eneral apathy, ne%lect, carelessness and an attitude of indifference to&ards national issues are all the outcomes of corruption &hich is root cause of all e ils in the motherland! The poor are sidelined, the rich are besto&ed, the needy are i%nored and the affluent are deli ered! 8o&e er, the story does not end here! The socio economic situation is much more dubious and %loomy than as e$pected! +ack of accountability is an outcome of nepotism and fa ouritism! 8o& can a corrupt person be held accountable by a corrupt authorityQ All in all the entire unfortunate system is prone to the monster of corruption! "n such dismal state of affairs, the :uestion of accountability does not arise! 4nly lucrati e and emotionally char%ed speeches and pled%es can ne er come up to the e$pectations of the people! @ule of la& is the only option that can pa e &ay for accountability! Moreo er, the crippled and d&indlin% economy and e er-risin% le els of inflation are the ma#or source of corruption! The more the prosperous a country, the more the rule of la& are follo&ed! /ut it is :uite unfortunate to mention that 5akistan is a country rated in the third &orld &here neither the rule of la& pre ails nor the economic system is stren%thened! The per capita income is si%nificantly lo& that renders the lo&er strata of society more prone to&ards corruption! "ncompetent #udiciary in terms of not brin%in% the culprits in to the %allo&s of la& and absence of brin%in% the corrupt politicians and policy makers to the books is another decisi e factor in todayOs sorry state of affairs! "n the same manner the unnecessary delay in decidin% the cases of corruption is a clear e$planation of the ada%e< the #ustice delayed is #ustice denied! "n much the similar fashion, hi%hly centrali'ed economy, breeds conflict amon%st the poor and the rich! The %ro&in% influence of the pri ile%ed class al&ays uses the influential authority to snub the poor people! "n such a %rim situation, the ictims and the upper both use their influence at their ma$imum e$tent to ha e ma$imum benefit from the opportunity! Thus the capitalism is in the forefront in brin%in% and pa in% &ays for corruption! )orruption e ol es as a result of e asion of ethical and reli%ious norms! @eli%ion al&ays asks the belie ers to ha e a solid stri e in brin%in% a moderate society! "t a%rees in fa our of decentrali'ed economy! @e%ulation of &ealth accordin% to rule of la& is the motto of "slam!

All the abo e mentioned factors ha e brou%ht 5akistan at number 1F3th amon% the most corrupt countries of the &orld! Accordin% to )5" report, 5akistan has 2!F score out of 10 &hich sho&s its position ery &eak &hile

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on contrary, -e& ?ealand sho&ed 3!6 out of 10 in the race and toppled the entire scenario! 5akistan on the other hand, is la%%in% behind in all spheres of life! This is the outcome of corruption that 5akistan has lost its identity and failed to establish its credibility in the &hole &orld! The discussion on corruption in 5akistan &ould ne er be complete &ithout ha in% a %lance on -ational @econciliation 4rdinance, a symbol of corruption in 5akistan! "t &as promul%ated by a military dictator to ser e his o&n ested interests! "t freed all the politicians and ci il ser ants until 1330, &ho &ere con icted on char%es of corruption! 555 and 5M+ 0-1, the bi% political %iants remained the beneficiaries of this ordinance! ,nder the pro isions of -@4, the ci il ser ants, politicians and ma#or industrialists &ere %i en a safe passa%e to escape from all the char%es of corruption and made them free of any sin! -@4, most appropriately can be termed as the la& that le%itimi'ed corruption in 5akistan! Ji en the dismal state of affairs, as is e ident from all the abo e-e$plained short story, there is a strin%ent need of implementin% reli%ious and ethical alues, if the nation &ants to %et out of the clutches of monster like corruption! The reli%ious counselin% must be %i en at all le els so that ethics and alues ha e a stron% hold on the characters and actions of the people! Educational reforms based on morality must be %i en place in the social system! @edtapism, nepotism, fa ouritism must be eradicated by %roomin% and nurturin% a culture of accountability based on trickledo&n effect that runs from top to bottom! "ndependence of #udiciary and rule of la& can only brin% in meritocracy so that talented and hi%h caliber people must be employed at the hi%her posts! Another pra%matic solution is to increase the salaries of the %o ernment ser ants! ;inancial satisfaction to all and sundry can brin% in a positi e chan%e in the society! "t forces the &orkers to follo& the principles of morality and honesty! Moreo er, the la&s must be made strict and their implementation be ensured! ,nfortunately, 5akistan is a land of la&s &hich are ne er implemented! 4ne thin% must be %i en preference that it is not the se erity of punishment but the certainty of punishment that matters! Such practices put the thin%s in order and in ri%ht directions! Therefore, strict implementation of la&s is the only &ay for&ard! )hina after the empo&erment of communist party, pa ed this &ay for a cause of chan%e! )orruption is social curse that must be ditched! The la&makers in the parliament must take strin%ent efforts and e ol e practicable strate%ies to eradicate the mushroomin% menace! @ule of la&, supremacy of the constitution and independence of #udiciary and off course a free and ibrant media bein% the fourth pillar of the state, must be implemented in true letter and spirit! The accused must be %i en a cold fist! Time is ripe that drastic measures be taken to %et rid of this tsunami of corruption that undoubtedly has torn and destructed our ery social and economic fabric! Enou%h of apathy and ne%li%ence, the need of the hour is to #oin hands on all fronts by all members and areas of society to ouster this curse! "f 5akistan &ants to run in the race of socio economic de elopment, e ils like corruption do not fit in the scenario!

Impact of corruption on our society


Shakeel Ahma To a aryin% de%ree, corruption e$ists in almost all countries! 8o&e er, the de%ree to &hich it impacts the common peoples li es and increases po erty is directly proportional to the le el of this scour%e and ho& &idespread it is in society! A countrys or pro inces de elopment depends on ho& much of the States resources are lost to this u%ly practice! "n de eloped countries, &here corruption is limited to a small number of pro#ects and &here common people do not encounter it on a daily basis, the ad erse impact tends to be mar%inal and does not #eopardise the &elfare of its people! "n contrast, a poor country like 5akistan, &here each borro&ed dollar must be spent to uplift the people from po erty, it has a si%nificant impact! A recent .orld /ank report

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lists corruption and lack of transparency as the t&o core reasons that hamper 5akistans dri e for de elopment! 8o&e er, these indices do not con ey the terrible pain and sufferin%s that the brutal practice of corruption has caused to the common people of 5akistan! Many people in 5akistan belie e that much of the de elopment and a si%nificant portion of the operations allocations are lost due to bribery and other related ille%al and unethical acti ities! The e$treme po erty and lack of infrastructure and basic ser ices in the rural areas of Sindh and /alochistan are in part fuelled by bribery, influence peddlin%, e$tortion, and abuse of po&er! The people and international donors must rise to the occasion and start pressurisin% "slamabad to curtail corruption and impro e %o ernance! ;ailure to do so in a timely manner &ill continue to frustrate the poor people and make them &eary of the current democratic system and dri e them to e$tremism! "t is a &idely held ie& that the practice of bribery in 5akistan is &idespread, systematic, and that it is entrenched at all le els of %o ernment! A .orld /ank report containin% an assessment of the 5akistans "nfrastructure )apacity 05")A1 states that 1H percent of the countrys de elopment bud%et for 2007-0K &as lost in the procurement process alone due to corruption! This does not include subse:uent costs of corruption in the implementation and maintenance sta%es of pro#ects! "mportant business publications such as .orld Economic ;orums Jlobal )ompetiti eness @eport 02007-0K1 says that corruption is the third %reatest problem for companies doin% business in 5akistan! The report lists the first t&o problems as %o ernment bureaucracy and poor infrastructure! The 4r%anisation for Economic )ooperation and De elopment 04E)D1 says that the .orld /ank and the Auditor Jeneral of 5akistan ha e complained about %o ernance problems in recruitment, site selection, absenteeism and bribery! This has resulted in the cancellation or suspension of some of the .orld /anks pro#ects such as the /alochistan 5rimary Education 5ro#ect! Also, certain other loans &ere &ithheld after irre%ularities &ere unco ered! )orruption is bound to flourish in a culture that encoura%es display of affluence &ithout any re%ard as to ho& the &ealth has been obtained! +ack of accountability plays a crucial role in the promotion of bribery and resistance to any form of reform! To fully respond to the :uestion as to &hich sectors are most affected by corruption, both :uantitati e and :ualitati e, it is &orth bearin% in mind that some of the reasons for &hich particular sectors are hi%hli%hted more often than others are due not only to ob#ecti e merits, but also to the facts that< p There is more research and sur ey &ork done in those areas, andL p 5ublic perception and a&areness seem to be more ocal as re%ards those areas! Thus, the e$ercise of hi%hli%htin% some of the sectors should be read &ith the kno&led%e that corruption in 5akistan seems per asi e across most sectors! .ith that in mind, it is safe to say that e$pert sources indicate that the sectors amon% those most affected by it are the police and la& enforcement, #udiciary and le%al profession, po&er sector, ta$ and customs, health and education, and land administration "n addition, public procurement seems to be a ma#or concern across most sectors These sectors seem to be affected by chains of< p 5etty corruption to access public ser ices or to bypass the la& 0throu%h the direct interaction of citi'ens &ith the respecti e authorities and bribe-payin%1! p Middle and %rand corruption 0in public contractin% and procurement as &ell as direct misappropriation of public funds by senior officials1! p 5olitical patrona%e, conflicts of interest, influence peddlin% and other forms of corrupt beha iour are commonplace across the sectors! The follo&in% are some e$amples of the dama%e that is caused by corruption< Defecti e, dan%erous and inade:uate infrastructure - poor and incomplete roads, badly constructed colle%e buildin%s, fe&er class rooms in schools that are liable to collapse &ith the first monsoon rains, rail&ay tracks, hospital facilities, &ater pro#ects, brid%es or housin% units! Abysmal education standards result &hen illiterate persons are recruited as school teachers for political reasons! Many schools all o er the country remain &ithout teachers or fe&er teachers to effecti ely educate students! More so, it is futile to talk about technical and en%ineerin% schools and the standards they ha e established! After three years of studies, neither the teacher nor his student kno&s the use of a drill machine! )orrupt practices contribute to the inade:uate number of beds in hospitals, no medicines for patients, as these are paid for but not procured or disposed of after their deli ery at the hospital store! And, of course, there is no

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fuel in ehicles meant for transportin% patients to hospitals! Most e$perts think that corruption is one of the most difficult problems in 5akistans society today! "ts impact on the countrys to&ns and illa%es is e$tremely profound and poses a lon%-term threat to its culture, economics, and %eneral &ell bein% of the people and the pro inces &here they reside! The future of 5akistan and alle iation of po erty in rural areas of 5akistan is hi%hly dependent on successful completion of all de elopment pro#ects! This success is threatened by the e il of %reasin% the palm that must be stopped ur%ently before it is too late! The reli%ious e$tremism, deterioratin% economic conditions, and &orsenin% li in% conditions are unner in% the people of rural Sindh and /alochistan, &ho until no& ha e refused to fall in the trap of e$tremism! "t is imperati e that all stakeholders, includin% political parties, %o ernment officials, ci il society or%anisations, pri ate companies, donor a%encies and common people, reco%nise the carna%e that current le els of corruption can do to the heartlands of 5akistan! They must form a %rand coalition to stop the menace before it is too late!

Corruption: A twinborn with Pakistan


)orruption is not only bribes and embe''lements! The betrayal of one=s commitment or trust, the breach of financial or material norms of morality is also corruption! ,sin% a holy name for personal or &orldly moti es can also be corruption! )orruption is a consumin% sickness &ith a stron%ly conta%ious character! All of us kno& that it has disrupted our social, political and spiritual life in 5akistan! )orruption is like dodder, the yello& ine that &raps around trees and saps their life! 4nce it falls on a society it is a curse that %ro&s from one branch to the ne$t and then to the ne$t until nothin% remains isible, e$cept a yello& sickness of corruption! E en such %uardians of morality as reli%ious and academic institutions become deeply corrupt! The stru%%le a%ainst an e il depends on the ethical standards of a societyL it is our response of dismissal or appro al that matters! )orrupt attitudes cannot combat corruption! A corrupt super isor aids corruption by askin% his share, thus, addin% to the sum total of disaster! Armed forces and the #udiciary, &hich a society nourishes &ith its blood to act as its immune system, #oin the in adin% parasiteL these killer cells then no more fi%ht the intruder but instead attack the body they are deputed to defend! "n our case, corruption &as t&in-born &ith 5akistan! Those &ho no& dominate this society carefully conceal 5akistan=s history of the early years! They talk of corruption but do not discuss its %enesis and causes! "t is an in%lorious chapter of early 5akistan, &herein lie the roots of corruption, opportunism, reli%ious blackmail and a lack of empathy! 4ur leadership had no ision of the problems our people &ould face in partition! There &as, therefore, no plan for the rehabilitation of refu%ees! .hile our bleedin% immi%rants rotted in camps, the &idespread plunder and occupation of the 8indu and Sikh e acuee property proceeded like an Eid festi al! The cle er opportunist %ot the best of %od=s plenty! +eaders sat in @ehabilitation 4ffices bar%ainin% their shares! Dirty stories of se$ abuse in refu%ee camps also circulated! That &as e en before the start of 5roperty )laims! Then, the episode of 5roperty )laim started! /ut &hat &as a 5roperty )laimQ +ar%e cro&ds of people mi%rated from "ndia to their ne& homeland, 5akistan! Many of them had left their homes and belon%in%s in "ndia! /ut there &ere countless others &ho left no si%nificant property in "ndia or left only a petty asset! Althou%h, there &as no foolproof system to kno& &ho left ho& much, yet e erybody &as free to declare that they had left this or that, and could demand an e:ui alent in 5akistan! This &as called a claim! /ut ho& did they pro e their claimsQ 4b iously they had no documents! This pro ided %round for lies &hich could not be erified e$cept throu%h personal testimony! E en that &as not necessary! A (sympathetic* officer, a 5akistan Mo ement acti ist, a politician, could chan%e your destiny by acceptin% &hat you claimed! E acuee property, urban or rural, residential or commercial left by the mi%ratin% 8indus and Sikhs, came as (;a'l-e-@abbi* to many &ho did not :ualify! This happened most %larin%ly in the

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industrial, commercial and tradin% professions &here Muslims had little or no e$perience! The ne& business class that emer%ed &as pro ided &ith no trainin% in business, its ethics and its temperament! Muslims had a domineerin% feudal or a%rarian psyche in the subcontinent before the /ritish rule! Durin% centuries that follo&ed, they remained most of the time in rebellion and alienation, e$cept a tiny class of ci il and army ser ants! The inspirational &ork of poets and orators like ":bal deepened our self-ima%e as &arriors! Therefore, the business community kept their feudal and &arlike moods, lackin% the democratic temperament of a %enuine tradin% class! ;or centuries they had contemptuously called 8indu business people (banias* and had taken pride in bein% aristocrats and &arriors! "t &as, therefore, natural for the business community and the ci il ser ants of 5akistan to accept landlords, %enerals and ,lema as their leaders! The landed aristocracy as the inno ators of corruption, &ith a history of ser in% the /ritish purely for %ains, &as happy and safe in a land &here there &ould be no land reforms and no accountability! "t &as in this settin% that the era of permits, licenses and allotments started! Soon ,S Aid started pourin% in! "t &as free for all at the upper le els of society called the establishment! The u%ly race for easy &ealth started and introduced the culture of (o erni%ht riches*! The rest is history replete &ith stories and scandals of corruption and nepotism! 4ne &onders today &hat could be the rationale of mutual char%e-sheetin% and complainin% of corruption! /ut it is so natural in a society of narcissists! A narcissist thro&s out his %uilt onto (others*! "n 5akistan, corruption has assumed the status of fitness, a standard of intelli%ence, a norm of social &orthiness! /ut it is e:ually standard and &orthy to condemn it! E ery one of us has an Dauthentic= list of another person=s misdeeds and an e:ually stron% ur%e to &et our o&n beak the same &ay! This combination of practice and dismissal, of doin% a thin% that &e condemn, breeds hypocrisy &hich ser es to perpetuate malpractice! A society that belie es in a noble reli%ion but practices the opposite of &hat it admires has to comfort itself &ith somethin% bi%! 4ur establishment, therefore, promotes and pro ides e$a%%erated "slam &ith rituals like prayers and pil%rima%e, &hich re%ularly &ashes the daily accumulated burden of shame and allo&s us to restart afresh the ne$t mornin%! "s there a &ay out, one asksQ >es, e ery ne& %eneration is born clean &ith innocence and a faith in %oodness! This society in &hich almost e eryone is soaked and drippin%, from a premier to a peon, from a mill o&ner to an hourly helper, has hardly anyone to lead the youth! They ha e to carefully for%e their &ay to a future! Studyin% %ood societies and askin% intelli%ent :uestions is a tool to disco er the path! Democracy can pro ide them the sta%e to play their role! +et us hope they &ill choose to li e and %ro& &ith the &orld of science and creati ity &hich is the only uncorrupted path!

A Review of Anti-Corruption aws !n Pakistan


5akistan=s fi%ht a%ainst corruption started in 1367 immediately after its creation as a state! The first la& passed by the constituent assembly of 5akistan &as the 5re ention of )orruption Act! Since then the country has passed a number of la&s and established a%encies to curb corruption! Some of the la&s passed are 1! The pre ention of )orruption Act 1367 2! The 5ublic @epresentati es Dis:ualification Act 1363 F! The Elected /odies Dis:ualification 4rdinance 13HK 6! The Ehtesab Act 1337 H! The -ational Accountability /ureau 4rdinance 1333 The 5re ention of )orruption Act &as promul%ated in 1367 did not create any special a%ency! The special police inherited from the colonial administration ser ed as the enforcement instrument under this la&! This special police &as part and parcel of the district police force! More importantly this police did not ha e any kind

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of special resources at their disposal! Most of the time they had to rely upon the district police for a ailability of routine resources as offices and personnel! At the best it &as a special branch of police under the same hierarchy! 8ence there &as no scope for independent action! This special police &as mer%ed into ne&ly created ;ederal "n esti%atin% A%ency in 137H! Secondly this la& &as limited to public ser ants in its scope! Definition of the misconduct &as adopted from 5akistan 5enal )ode 0Section 1611 &hich defines misconduct as Oobtainin% of any %ratification as a moti e for doin% or forbearin% to do any official actP! 8o&e er throu%h a later amendment the definition &as broadened to include possession of pecuniary resources disproportionate to oneOs kno&n sources of income! As such the definition of corruption under this la& &as not much different from the definition by the recent la&s! The only difference &as that it &as limited to public sector! This miss can be attributed to predominant nature of %o ernment sector at the time! Third important feature of the la& &as procedural! Anti-corruption establishment had to take permission from respecti e heads of departments before takin% action a%ainst any public ser ant! At a time &hen public sector &as facin% se ere shorta%e of trained staff due to dislocations caused by the partition it made sense to e$tend such sort of pri ile%e to %o ernment officials! Moreo er the anti- corruption officials themsel es &ere no more credible than the alle%ed corrupt hence this prosecution sanction by the head of department &as intended as a kind of check a%ainst hi%h handedness and undue harassment by the anti-corruption establishment! /ut from the anti-corruptionOs point of ie& it amounted to askin% the corrupt officials themsel es for permission to prosecute them! This le%al pro ision also sho&s the mind set of the la& makers! Ji in% po&ers of sanction to the heads of departments means that only the lo& functionaries &ere percei ed to be corrupt! .hat if the head of department himself &as found corruptQ E en if the head of department &as not corrupt it &as natural for a head of department to try to protect his subordinates both on morale and reputation of the or%ani'ation %rounds! ;ourthly the la& did not pro ide for any ci il society or democratic check! "t &as a corruption control a%ainst the public ser ants by the public ser ants! .e tend to see this as a result of colonial mind set of superiority of public ser ices and distrust of masses! This skepticism of ci il society is in%rained in administrati e culture of 5akistan inherited from colonial rulers! This miss can also be attributed to absence of an acti e and ocal ci il society at the time! ;ifthly the la& did not make corruption a special crime! )orruption &as seen as any other crime and same procedural la&, 5akistan )riminal 5rocedure )ode &as applicable to corruption cases! /urden of proof &as on the prosecutin% a%ency! Si$thly there &ere no pro isions for pre ention or education! )orruption &as not seen as a systemic failure but as beha ioral problem &ith certain indi iduals! 8ence anti-corruption &as primarily seen as a matter of enforcement of la& on some miscreant indi iduals! -o or%ani'ational or structural reforms &ere thou%ht as necessary to stop corruption! The la& &as used a%ainst petty officials but no bi% fish &as cau%ht! +ack of resources, selecti ity, reliance on police and i%norin% pre ention can be distin%uished as causes of failure of this anti-corruption effort! Despite its failure in creatin% bi% impact the la& ne er attracted alle%ations of political ictimi'ation! The 5ublic @epresentati es Dis:ualifyin% Act and Elected /odies Dis:ualification 4rdinance promul%ated by the first martial la& %o ernment of Jeneral Ayub Ahan 013HK-631 are the most important trendsetters in history of anti-corruption efforts in 5akistan! The la&s ser ed the %o ernmentOs purpose to brin% for&ard its o&n breed of crony politicians by dis:ualifyin% the prominent politicians! @eal intent of the la& becomes clear by the pro ision that prosecution could be a oided by a%reein% not to take part in politics for 1H years! Almost 7000 politicians &ere banned form politics under the la&! These la&s initiated a pernicious trend of use of anticorruption mechanism for achie in% political %oals! ;rom no& on political ictimi'ation became the hallmark of e ery subse:uent anti- corruption effort! ;or makers of these la&s corruption &as not a problem &ith indi iduals but &ith all the political class and ci il ser ants! 8ence a pur%e of both the classes &as necessary! This pur%ation &as follo&ed by a trainin% campai%n! A system of basic democracies &as established &hich &as to ser e as trainin% %rounds for politicians! Similarly it &as made compulsory for all the ne& entrants in )i il Superior Ser ices to attend compulsory trainin% courses at the 5akistan Military Academy! Seen in the li%ht of its after affects this anti-corruption deri e by military %o ernment became the best e$ample of &hat +armour 020061 calls Pthe cure is &orse than the disease!P The third anti-corruption effort &as made durin% the second -a&a' Sharif %o ernment 01336-133K1! An Ehtesab )ommission &as set up under this act in 1336! This commission &as supplemented by an Ehtsab

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/ureau in 1337! The /ureau assumed the function of in esti%ation &hile the )ommission carried on &ith the prosecution! 4ne important feature of the la& of 1336 &as that it brou%ht the hi%hest public functionaries includin% the 5resident and the 5rime Minister under the ambit of anti-corruption la&! These inclusions ha e %reat symbolic alue despite the kno&led%e that no accountability a%ent &ould dare to initiate a proceedin% a%ainst such hi%her official! The la& created special benches comprisin% of the hi%h court #ud%es &hich &ere to hear these anti-corruption cases! These benches &ere to decide the cases in F0 days! )ollecti e impact of the effort &as ne%ati e because it became the best e$ample of &hat Gohn 8eilbrunn 020061 calls Pthe &orst cases, the commissions became tools to repress political ri als and members of opposition or pre ious %o ernments become tar%ets of in esti%ation! The impact is to undermine political le%itimacy furtherP! The /ureau &as headed by one of ery close associates of the then 5rime Minister! ;ormer prime minister, her husband and their close associates &ere specially tar%eted! Most of the time a media campai%n &as started a%ainst the alle%ed corrupts e en before filin% the cases in the courts! This la& and accountability mechanism established under it further discredited anti-corruption efforts! Anti-corruption became synonymous &ith the political ictimi'ation! 4ur analysis of past three anti-corruption efforts in 5akistan makes it clear that political use of anti-corruption la&s, reliance on police, and lack of resources, in-comprehensi e selecti e la&s &ere the most prominent causes of failure of these efforts! Especially for the later too lack of political &ill &as the key cause of failure! The -ational Accountability 4rdinance 1333 &as promul%ated by Mushraf re%ime! "t repealed the Ehtsab /ureau Act 1336 and established a completely ne& a%ency by the name of -ational Accountability /ureau on the pattern of anti-corruption a%encies in )ountries like 8on% kon% and Sin%apur! -A/ ordinance broadened the definition of corruption still further to include Ppersons &ho maintain a li in% standard not commensurate &ith their kno&n sources of incomeP 0section- 31! The scope of a%ency &as also broadened to include pri ate sector! 4ther percei ed lacunas in the earlier la&s are also addressed to %i e the /ureau a ery comprehensi e le%al backin%! Most importantly the traditional doctrine of la& &hich embodies the presumption of innocence of the accused &as also chan%ed in a bid to create an effecti e deterrence a%ainst corruption! "t is no& the accusedOs responsibility to pro e his innocence! @emand la& &as also chan%ed to %i e the bureau enhanced po&ers of in esti%ation! )riminal procedure la&s in 5akistan normally allo& a ma$imum of 16 days remand of accused to custody of the in esti%atin% a%encies but in this case the remand period &as enhanced to 30 days! There is important chan%e in the mission of the a%ency too as compared to earlier la&s and a%encies! The a%ency has adopted a three pron%ed strate%y for elimination of corruption< a&areness, pre ention and enforcement! The strate%y dra&s on contemporary approaches to corruption and anti- corruption! Alan Doi% 0133K1 describes these approaches as economic analysis, ci ic culture perspecti e, and institutional ie&point! The or%ani'ation is completely independent in its &orkin%! )hairman -A/ after his postin% by the 5resident can only be remo ed by the supreme #udicial council! The procedure of remo al for )hairman -A/ is same as for a #ud%e of the Supreme )ourt of 5akistan! The la& only makes it compulsory for the a%ency to produce an annual report and present it to the president! The a%ency is armed &ith both the po&ers of in esti%ation and prosecution! Special anti-corruption courts &ere also created under the same la& to ensure speedy trial! A%ency has no bud%etary constraints! Annual report tells that a%ency is unable to use all the funds supplied! /ut despite all these ad anta%es P)orruption and inefficiency remain acuteP 0)ountry @eport on 8uman @i%ht 5ractices 200F1! This failure is &idely reco%ni'ed both &ithin and outside the a%ency! PThe anti-corruption strate%y, &hich is lar%ely based on administrati e measures and prosecution and trial of corrupt officers, has failed to produce any si%nificant resultsP 0Ali 20061! Anti-corruption efforts in 5akistan had to face &orst le%itimacy crisis in history of 5akistan after promul%ation of the -ational @econciliation 4rdinance! Althou%h the la& &as not le%itimi'ed by the national assembly yet it hit the anti-corruption a%ency se erely! Efforts to promul%ate ne& anti-corruption la& also failed due to disa%reement bet&een %o ernment and opposition!

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