Preventing Corruption- Challenges and Opportunities

Muhammad Bilal

Corruption is not a new phenomenon nor does it relate to Pakistan alone. The menace is as old
as human civilization and is worldwide. It can not be attributed to any location, culture, society or
country. The losses caused by the malaise need no explanation. But it is a universally accepted
fact that the ultimate victim of corruption is the human dignity itself.

Efforts at all levels are on to tackle the menace of corruption. In Pakistan, there are many legal
anti-corruption instruments on the statute book for example: Pakistan Penal Code, 1860,
Prevention of Corruption Act, 1947, Public Representatives Disqualification) Act, 1949, Elected
Bodies (Disqualification) Ordinance, 1959, Anti-Corruption Establishment Act, Federal
Investigation Agency Act, Ehtesab Act and finally the National Accountability Ordinance. To
enforce these legislative measures, a number of Anti Corruption Agencies were raised from time
to time. Pakistan inherited the Special Police Establishment, replaced later on by the Federal
Investigation Agency. Anti-Corruption Establishments in each province replaced the West
Pakistan Anti corruption Establishment when One Unit was disbanded. At the federal level,
Federal Investigation Agency was established in 1975. Ehtesab Commission was raised in
1996. The Ehtesab Bureau supplemented its functions as the former was entrusted with the
task of investigation whereas the latter undertook prosecutions.

Despite all these measures, establishment of a corruption free society is still a distant goal.
Many reasons may be attributed to such state of affairs, but of prime concern are: political
interference, lack of political will, cumbersome procedures, lack of capacity of the anti corruption
agencies. Further, investigation of white-collar crimes is not an easy job. Unlike other crimes,
where there is a visible aggrieved party who is always available for support to investigation and
prosecution, acts of corruption are done in collusion wherein the only directly aggrieved party is
the state itself. Moreover, trends in white-collar crime are changing, and taking shape in highly
sophisticated fashion.

NAB is being hauled over the coals for being selective, and perhaps slow moving, but the anger
is based on misperception. Although NAB has achieved tremendous results yet, it has to do a

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lot. But the capacity is limited and corruption is rampant. NAB is putting its best to acquire the
desired expertise and specialization. The political will, nonetheless, has to emerge in its true
shape; otherwise there will always be an insurmountable gap.

Besides, the anticorruption pursuit gets complicated when those involved in corruption find safe
havens in foreign jurisdictions. To overcome these encumbrances, understanding amongst the
comity of nations, on mutual legal assistance, extradition of criminals and repatriation of the
proceeds of corruption is the quintessential. A number of initiatives at regional and international
levels have been launched. For example, United Nations Convention Against Transnational
Organized Crime(UNTOC), the African Union Convention on Preventing and Combating
Corruption, the Inter-American Convention against Corruption, the OECD Convention against
Bribery of Foreign Public Officials, the Council of Europe Criminal Law Convention on
Corruption, the ADB-OECD Anti-Corruption Action Plan for Asia-Pacific, the OIC Enhancing
Integrity Forum, the International Association of Anticorruption Agencies, and the United Nations
Convention against Corruption (UNCAC). Of these, UNCAC is the first legally binding
instrument which was opened for signing on 9 December, 2003 in Merida Mexico. December 9
has therefore been declared by the UN as the International Anti Corruption Day which is being
observed across the world. Some highlights of the UNCAC are as follows:

On 4 December, 2000, the UN General Assembly (UNGA) recognized the need for an effective
international legal instrument against corruption, and decided to establish a Committee for
creating a draft. The Committee commenced its job in Vienna, Austria, and approved the
Convention after rigorous process of negotiations which continued for nearly two years (Jan,
2002- Sep, 2003). The UNGA adopted the Convention on October 31, 2003.

UNCAC is a comprehensive and holistic international law that covers the areas of corruption
prevention; criminalization & law enforcement; asset recovery and international cooperation. It
aims at promoting and strengthening measures to prevent and combat corruption; integrity,
accountability, and proper management of public affairs and property; and facilitating
international cooperation and technical assistance.

NAB coordinated the efforts for ratification of the UNCAC. Pre-ratification evaluation was carried
out in a consultative and participative manner. For this, an inter-ministerial group comprising

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ministry of Law; ministry of Foreign Affairs and the ministry of Interior. The group strongly
recommended ratification of the instrument but with a couple of reservations on the process of
extradition (Article 44) and dispute settlement and (Article 66) of the Convention. Pakistan
ratified the Convention on 11 August, 2007. So far, 140 countries have signed the Convention
whereas 103 countries have ratified it. With coming into force of the UNCAC on 14 December,
2005, new avenues have opened up for mutual legal assistance, extradition, assets recovery
and international cooperation in the field of anti corruption. The Government of Pakistan must
remain vigilant enough to confront the challenges arising out of its obligations under United
Nations Convention against Corruption, and to fully benefit from the opportunities being
promised by it.