The dark side of authority: a critical analysis of anti-corruption frameworks in Pakistan.

• Author: Ahmed, Naveed

1.2 Defining "Corruption"

The word 'corruption' is defined by the Oxford Advanced Learner's Dictionary as "dishonest or illegal behavior, especially of people in authority or the act or effect of making some body change from moral to immoral standards of behavior".

The United Nations Convention against Transnational Organized Crime (UNTOC) describes corruption as, "the solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties" (1) (UN, 2004: 10).

In recent times, the World Bank, the IMF and other international institutions have taken up leading roles in the effort to tackle corruption. The United States government has also played a key role in global anti-corruption under the US Foreign Corrupt Practices Act of 1977, under which US companies may be penalized for bribery in international business transactions. The impact of various anti-corruption campaigns has had a significant impact.

In Pakistan, anti-corruption campaigns and reforms have led to the indictment of political figures and high profile personalities on charges of corruption. For example, in two successive regimes of Mian Nawaz Sharif and Benazir Bhutto, some officials were dismissed on the charges of Corruption in 1990 and 1993 respectively by President Ghulam Ishaq Khan under article 58 2 (b) of the Constitution. In 1997, the Benazir government was dismissed on the same charges by the President Farooq Leghari (Wilson, 2009: 83).

History reveals that the issue of corruption is not new and is frequently cited in different civilizations. For example, Kautilya, (2) a well-reputed Prime Minister of an Indian state, almost two thousand years ago, described this issue in his noted work "Arthashastra" (Tanzi, 1998: 559). Dante in his "Divine Comedy" has categorized bribery in the lo west section of Hell, which reflects Middle-Age awareness of the phenomenon. Shakespeare also discussed the issue of corruption in his plays. The framers of the U.S. constitution were also very concerned about the issue, so they included a provision that American Presidents could be impeached on grounds of corruption and treason (Tanzi, 1998: 559-560).

Sen notes that rampant corruption in Asian and African states is a key obstacle to development. He concedes that to eradicate corruption altogether from society is not an easy assignment but effective accountability laws can produce better results to control this scourge (Sen, 1999: 278). He cites the work of a Chinese author almost around 122 B.C., Huai-nan Tzu who observed that:

The power to achieve success or failure lies with the ruler. If the measuring line is true, then the wood will be straight, not because one makes a special effort, but because that which it is "ruled" by makes it so. In the same way if the ruler is sincere and upright, then honest officials will serve in his government and scoundrels will go into hiding, but if the ruler is not upright, then evil men will have their way and loyal men will retire to seclusion (Sen, 1999: 278).

A report by Mahbub ul Haq Human Development Centre points out that although corruption is everywhere in the world, it mutates in a different form in South Asia. Firstly, corruption starts from the upper stratum to the lower one, which hampers the development process. Secondly, monies accrued from corruption are deposited in overseas foreign currency accounts. Thirdly, the people involved in corruption are often not penalized because of their relationship with government officials; and corrupt persons are so influential that they hardly feature on the accountability radar. Fourthly, corruption is one of the major causes of growing poverty. Accordingly, there is an immediate need to draw the attention of authorities to fight corruption and to take practical steps not only to punish corrupt elites but also to end poverty (1999: 99).

In order to understand the nature and problems of corruption and the utility of social justice in providing realistic alternatives it is imperative to first examine the outlook of corruption in Pakistan and a secondly, to assess its deeper impact.

2.0 Causes and manifestations of corruption in Pakistan

Quaid-E-Azam Muhammad Ali Jinnah, the founder of Pakistan said in an address to the 1st Constituent Assembly after independence on 11th August 1947 that:

One of the biggest curses from which India is suffering--I do not say that other countries are free from it, but I think, our condition is much worse--is bribery and corruption. That really is a poison. We must put that down with an iron hand and I hope that you will take adequate measures as soon as it is possible for this assembly to do so (Jinnah's Speech to the first Constituent Assembly of Pakistan on 11th August, 1947).

A number of scholars identify various reasons for corruption in Pakistan. For example, Awan notes that the culture of bribery and corruption was rampant during colonial rule in India. He further reveals that during the British invasion in Indian Sub-continent, they tempted the local leaders by rewarding them with 'jagirs' (lands) and titles in return for their loyalties to the British rule (Awan, 2004: 19).

The National Anti-Corruption Strategy (NACS) of Pakistan identifies one historical catastrophe that fostered corruption in the country; mass migration because of the partition of the Indian sub-continent. The separation of East Pakistan resulted in migration that led to shortage of skilled civil servants in various institutions culminating in poor performance. (GOP, 2002: 11).

Ali analyzes the level of transparency in Pakistan and notes lack of access to information and the concealment of public documents are so widespread that it has fundamentally affected free access to governmental archives. Generally, there is a perception that the official reports and press releases are usually unreliable and deliver misleading information. The publication of yearly reports is a rare phenomenon and when it does happen, they are usually littered with inaccuracies. Parliamentary enquiries proved to be helpful in accessing information, but this has also been fraught with problems of delay or refusal on the basis of national security. In general, the courts provide through public trials sufficient official information especially on those cases involving governmental departments. But it is also a noted fact that information from such sources is mostly limited and does not reach the people regularly. Information is sometimes relayed in cases where a case obtains considerable media attention (2007: 6-7).

The International Crisis Group in its report on Asia states that the eight years regime of General Pervez Musharraf led to an incompetent civil service that was subservient to the military government. A systematic policy was adopted that led to the recruitment of army Generals as civil servants. This included the chairperson of Federal Public Service Commission (FPSC) who was the principal authority for recruitment and promotion in the civil service. The military government's ill-conceived devolution plan aggravated an already dysfunctional system. Obsolete rules and regulations and an inflexible ranking procedure in civil and military bureaucracy further weakened the supervision of public servants (ICG, 2010: I; Hart, 2006: 7).

Sayeed asserts that both the politicians and military personnel are complicit in boosting corruption. He notes that the politicians should be more responsible as compared to the high army officers for three reasons. In the first place, the process of election enables the electorate to give their verdict on the conduct of politicians. However, it might not be true in the case of Pakistan because the politicians find an opportunity to be elected again and again from the same class because of corruption, which means the electoral democratic process is not based on fair play. It is very difficult to assess the performance of government on the basis of voter's rating as no elected government has completed its tenure in Pakistan. Moreover, the audit and accountability regulations are rarely applied to the military officials. (3) The activities of politicians are always quite visible but the military do not have sufficient checks and balances, especially over military expenditure. A comprehensive budget of the Pakistan Army has never been presented or debated before the House. In addition, the civilian inspection establishments are not allowed to check the army accounts and even the military officials are not liable to be investigated by the civilian anti-corruption establishment as per situation in Pakistan, and it is quite risky for the media to demand accountability from army officials (2010: 36).

Gilani (4) said that the National Reconciliation Ordinance (NRO) (5) issued by President Musharraf in October 2007 opened new ways to legalise corrupt practices in Pakistan. The politicians, bureaucrats and army officials accused of corruption were amongst the beneficiaries under the NRO. The chairperson of Transparency International Pakistan (TIP) identifies the army as the most corrupt institution in Pakistan. He however applauds the efforts of the current Army Chief General Ashfaq Pervez Kayani for taking bold initiatives in tackling corruption especially in the management of the Defence Housing Authority (DHA). He asserts that corruption is widespread due to non-availability of real democracy in Pakistan and as a...