9th December 2009 is the seventh anniversary of the signing of the United Nations Convention against Corruption UNCAC, which Pakistan has ratified on 11th August 2007. On his election as the first Governor General of the Constituent Assembly of Pakistan, Quaid-i-Azam, Muhammad Ali Jinnah, on 11 August 1947, said "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 it down with an iron hand and I hope that you will take adequate measures as soon as possible for this Assembly to do so". It is unfortunate that even today we are in the same position. On the TI Corruption Perception Index 2009, Pakistan is the 42nd corrupt country out of 180. Pakistan needs to take the CBM to attract foreign investment. One of these are to make laws to comply with international conventions.
Although Pakistan's legal framework and economic strategy do not discriminate against foreign investment, protection of property rights and contract enforcement is perceived to be problematic because of the irregularities and corruption in the judicial system. Companies should know that Pakistan has been a member of the New York Convention of 1958 since 2005, but the provisions of this convention are still not included in Pakistani legislation.
Until the Parliament gives the final approval of the convention and passes the relative legislation, the government has issued renewed ordinances to implement the New York Convention 1958. Despite this, there are still concerns about the sanctity of contractual arbitrations between private companies and the ability to uphold the sanctity of contracts regarding contract disputes where the Pakistani state is one of the parties.
Pakistan is a member of the International Centre for the Settlement of Investment Disputes (ICSID); thus, in principle, arbitration should be secured. However, in reality, companies are reluctant to trust that Pakistan will accept decisions by international arbitration. Corruption, defined as 'Misuse of authority for private gain, endangers the stability and security of societies, undermine the values of democracy and morality and jeopardises social, economic and political development.
The UN Convention against Corruption is a ray of hope to more than a billion men and women who count as the world's poor. UNCAC comprises of 71 Articles, ranging from FOI, Independent Judiciary, Transparent Procurement, Money Laundering, Conflict of Interest, and abuse of authority.
Under the UNCAC, Pakistan has to apply, within its own institutional and legal systems, codes or standards of conduct for the correct, honourable and proper performance of public functions, such as International Code of Conduct for Public Officials contained in the annex to General Assembly resolution 51/59 of 12 December 1996.
Article 19 deals with the Abuse of functions, Article 10 is on Public reporting to combat corruption, and Article 13 on the Participation of society says "Each State Party shall take appropriate measures, within its means and in accordance with fundamental principles of its domestic law, to promote the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organisations and community-based organisations, in the prevention of and the fight against corruption and to raise public awareness regarding the existence, causes and gravity of and the threat posed by corruption".
A free and independent press is essential as a means of bringing to public notice what is revealed by these and other mechanisms. Civil society has to ensure that no one is allowed to impose any restrictions on the media, which has played the most vital role in the restoration of the Judiciary, deposed by the previous government. Although the concentration of press ownership to a small number of owners also raises doubts about press impartiality.
Despite this, the press remains a crucial instrument of transparency and accountability. The Draft Freedom of Information Act 2008 Pakistan mandates that all documents, noting and minutes, after the decision is made, shall be public record, and that all Public Records declared under Section 7 shall be computerised by the public bodies. TI Pakistan demands that FOI shall also make it mandatory to post all Public Records on the website of the department. Under the Public Procurement Rules 2004 enacted in 2004, all Contracts and Evaluation reports are to be declared as public documents.
These rules are applicable on Civilian as well as on Military Departments. Availability of these documents on departments website is necessary as the public could compare prices offered by various sellers, get the contracts most advantageous for them but more importantly, this would enable ordinary citizens to challenge office holders who inflate prices and contracts. This is the most vital rule of the PPRA which make "Corruption a high-risk activity".
Transparency International Pakistan recommends to the Pakistan Government to direct all the Regulatory Authorities to publish their reports on the website etc, in order to restore the confidence of citizens, local and foreign investors and donor agencies. Some of the Regulatory Authorities are OGRA, State Bank of Pakistan, PPRA, SECP, PEMRA, EPA, PFRA, CCP.
Transparency International Pakistan reminds all the ruling parities, that in their Election Manifesto, they have committed to the following transparent measures, which they must adhere to;
-- There will be no discretion in any administrative decision taken by government servants;
-- All public appointments will be on merit, and on a predetermined criteria, and
-- A clear commitment that their party will combat corruption, wherever and whenever it occurs
(The writer is Chairman Transparency International Pakistan)
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