Theory and Practice of Understanding Corruption in Pakistan: Case Study of National Accountability Bureau, KPK.
Ali, Asif ; Khan, Muhammad Jehangir ; Khalid, Saif Ullah 等
Theory and Practice of Understanding Corruption in Pakistan: Case Study of National Accountability Bureau, KPK.
The factors of governance and good governance are pivotal for
social and economic development. However, these factors seem dilapidated
in Pakistan, as the image of Pakistan is bad in the comity of nations.
Corruption is generally the plausible output of such conditions. For
being rampant in the country, acceptability toward corruption has
increased over time. This paper focuses on the understanding of
corruption in the country with specific reference to anticorruption
agency in the country.
Data were collected through semi-structured interviews with
National Accountability Bureau and studying policy documents. Thematic
analysis was used to analyse the interviews. The results show that many
officers lack proper understanding of the phenomenon. Rather, many
officers explained the phenomenon in term of recovering the public money
that was looted by corrupt people. Furthermore, the officer were
indifferent on definitions of integrity violations and corruption, as
sometimes the definition of corruption was described too broad, and
other times too narrowly.
With respect to most and least frequent types of corruption, it was
revealed that illegal monetary benefits and illegal use of authority are
considered among the major forms of corruption. With respect to least
recurring types of corruption in NAB-KP, the issuance of Statutory
Regulatory Ordinance (sro) is considered as least occurring. The
research shows different reasons behind the prevalence and mechanisms
for its curtailment. At the end this research suggests some policy
recommendations and further directions for future research in the field.
Keywords: Corruption, Integrity Violations, National Accountability
Bureau, Pakistan
INTRODUCTION
In Pakistan, corruption is perceived as endemic because among many
developing countries Pakistan is always featured as the highest in the
rankings that are produced by international organisations [Kaufman, et
al. (2005); Transparency International (2004)]. This is also evident
from a recent perception survey of Transparency International (2012)
which ranked Pakistan as 139th in the comity of nations on the scale of
corruption-free-governance. No doubt, the perception presented by
Transparency International can be contested but within Pakistan, the
same has gained momentum amplifying the notion that public
administration of Pakistan is plagued with corruption. Even though hard
evidence of corruption's incidence is difficult to obtain, but
different surveys, news reports, historical accounts and case studies
indicate that corruption is pervasive in Pakistan at all levels
[Pellegrini (2007)]. Corruption has become a way of life in Pakistan
[Islam (2004)], which consequently made institutes in Pakistan extremely
inefficient [Abbasi (2011)]. This has led to a general impression that
practice of corruption has increased in volume over time and there is
less evidence that people feel guilty about it [Javaid (2010)]. The
prevalence of corruption on such a wide scale can be stated through
Ehtisham's (2009) apt expression: "From policemen on the beat
to highest ranks, from legal clerks to judges, from minor revenue
officials to senior administrators, from storekeepers to high-ranking
engineers, all government and private agencies are involved in
corruption." Thus an average Pakistani national witnesses
corruption every time he encounters bureaucracy--from paying bills,
registering births, reporting a crime, getting an electricity
connection, trying to get children admitted to a school, to recording
the sale of a house; the embracing of corruption at such large scale
speaks of severe implications for public at large.
CONCEPTS AND DEFINITIONS
The concept of corruption is considered as complex, complicated and
difficult to grasp [Huberts (2010)]. The reason is there are different
ideas of what constitute corruption. However without deeper
understanding of the phenomena it is difficult for the policy-makers and
researchers to suggest concrete measures for its control. One scholar
uses an interesting analogy to describe the phenomena. According to him
the concept of corruption is "like an elephant, even though it may
be difficult to describe, it is generally not difficult to recognise
when observed" [Tanzi (1998:08)]. There are some agreements
regarding some behaviour that connote corruption, but no one has ever
presented a one line definition of corruption [Johnston (1996)].
From wide range of different understandings the following
perspectives of corruption can be derived:
(1) Corruption is an exchange of mutual benefits and reward that
occurs voluntarily and takes place by mutual agreement [Park (2003)
cited in Rabl and Kuhlmann (2008)].
(2) Corruption is violation of norms. In other words, it is immoral
behaviour [Van Duyne (2001)] which includes deviation from legal norms
[Khan (1996)] or moral values [Huberts, Jurkiewicz, and Maesschalch
(2008)].
(3) Corruption is abuse of power, in which actors utilise the
authority, position for personal benefits and interests [Tanzi (1995);
Khan (1996)].
(4) Corrupt actors form an intimate, close, and hidden community in
which they secretly agree on the illegal aims and advantages of their
exchange relationship [Ru'gemer (1996)].
For its many different aspects and dimensions, defining corruption
is complex. To get a complete grasp on corruption, it is important to
distinguish between definitions which are conventional and those which
are functional. Conventional definitions are used in particular context
while functional definitions have universal application. Ideally, one
should define corruption in both conventional and functional sense
[Simpson (1977)]. For instance, McMullan (1996) define corruption as
"a public official is corrupt if he accept money or money's
worth for doing something that he is under duty to do anyway, that he is
under duty not to do, or to exercise a legitimate discretion for
improper reasons" [McMullan (1996)]. A bit broader definition is
forwarded by Lasthuizen, Huberts, and Kaptein (2002). According to them
corruption involves a "behaviour on the part of officials in the
public sector--politicians, civil servants, police officers--who
improperly and unlawfully enrich themselves, or those associated with
them, by misusing of the public power entrusted to them." A brief
definition is the abuse of public office for private gain. This research
paper is going to employ the working definition of corruption presented
by anti-corruption agency in Pakistan, "corruption involves
behaviour on the part of office holders in the public and private
sectors, in which they improperly and unlawfully enrich themselves
and/or those close to them, or induce those to do so, by misusing the
position in which they are placed". Putting it simply, corruption
is the misuse of entrusted power for private benefits [NACS (2002)].
TYPOLOGIES OF CORRUPTION
Since corruption takes many forms and there is a lack of consensus
on adopting a universal definition of corruption, this has also made it
difficult for researcher and scholars that which behaviours to include
or exclude in the concepts of corruption to get a clear understanding of
them. From the literature different classification are elaboration by
different researchers. For instance, Weber (1964) developed a typology
of corruption on the basis of subjective intentions that have or expect
the individuals such as gaining power and influence, economic and
business success, self-enrichment, social motives, opportunism, etc.
Corruption can be active or passive taking into consideration who is the
person that has the power of decision making or to whom is requested. A
basic categorisation considers political corruption, economic corruption
and public administration corruption.
Corruption takes many forms, and some of the examples are:
Klitgaard (1998) identified bribery, extortion, fraud, trafficking,
embezzlement, pilferage, kickbacks, speed-money, nepotism, favouritism
and cronyism as different forms of corruption. While William Pierce
(1981) categorised corruption as theft of materials, misuse of time on
the job, brjbery, misuse of officer, conflicts of interest.
Vargas-Hernandez (2013) elaborated the following forms/types of
corruption: bribery, collusion, embezzlement of public funds and theft,
fraud, extortion, abuse of discretion, favouritism, clientelism,
nepotism, the sale of government by public officials, patronage. The
empirical typology developed by Barker and Roebuck (1974) comprised of
corruption of authority, kickbacks, shakedowns, the fix, protection of
illegal activities, opportunistic theft, internal pay-offs etc., are
most often used in the literature. In this research we do not intend to
concentrate only upon the more serious forms of unethical behaviour, but
also less serious forms of behaviour will also be included, such as
misuse of authority and resources (Office Vehicles, Perks and Privileges
etc.).
From Corruption to Integrity Violations
From the above typology of corruption it can be inferred that the
concept of corruption offers important but limited view on unethical
conduct especially within an organisation. It is worthwhile to know
about specific types of corruption such as bribery and extortion but it
is also important to discover other type of violation such as
discrimination and misuse of public resources etc. therefore we need to
use an extended concept of corruption that is integrity violation. As
Huberts and Lasthuizen (2014:12) appropriately that "umbrella
concepts limit the possibilities for expending our knowledge about
unethical behaviour (content, causes, effects, solutions)."
Therefore in this research our focus is on integrity violation which is
a broader concept of corruption. In other words it encompasses more
types of unethical behaviour than corruption.
It is also pertinent to note that integrity can be attached with
individuals [Klockars (1997)] as well as with organisation [Kaptein and
Wempe (2002)]. However, like corruption the concept of integrity is also
debatable [Huberts (2007); Lasthuizen (2008)]. Nevertheless, integrity
can be defined as characteristic or quality that refers to accordance
with the relevant moral values and norms [see Huberts, Kaptein, and
Lasthuizen (2007)]. Whereas, 'value' is a belief that
contribute to judgments about what is good, right, beautiful or
admirable. The 'norms' show whether something is good or bad,
right or wrong, beautiful or ugly. In other words 'value' and
'Norm' show that "what is the right thing to do"
[see Huberts, et al. (2007)]. This infers that it is advantageous to use
integrity violation rather than few types of corruption for identifying
unethical/misconducts/immoral behaviours in an organisation. In
succeeding section the different types of integrity violations are
discussed.
Typology of Integrity Violations
In many researches integrity violations are distinguished by
different types and in different organisations. For instance, in many
organisational researches the employees' wrong behaviours are
covered by wide range of actions. These include withholding of efforts
to disobeying orders to drug abuse in work place. However, a demarcation
can be drawn that whether misbehaviours are directed toward
organisations or toward other employees [see Wilks (2011)]. In many
researches wrong behaviour labelled with nomenclatures. For instance,
'deviant behaviour' [Robinson and Bennett (1995)];
'noncomplaint behaviour' [Puffer (1987) and 'immoral
behaviour' [Jones (1991)].
Different researchers [such as Heidenheimer, et al. (1989);
Anechiarico and Jacob (1996); Caiden (1998)] developed different
typologies of corruption. However, a more specific studies on Police
organisation presents different typologies of integrity violation. Based
on these studies a new typology of integrity violation was developed by
Huberts (1998), primarily focuses on police organisations. According to
that typology nine different types of behaviours are identified. These
are:
* Corruption
* Fraud and theft
* Dubious promises and gifts
* Questionable sideline activities and jobs
* Misuse of information
* Discrimination
* Misuse of power
* Waste and abuse of resources
* Crime (in private time)
This typology was later validated by Lasthuizen (2008) for
standardised survey in the field of ethics and integrity, and the
typology of Huberts, et al. (2007) was further improved to be used for
police organisations. Since this typology has been validated in few
researches, therefore in this study this typology was used to further
explore misconduct and deviant behaviours in the context of Pakistan.
Controlling Corruption: Anti-corruption Strategies and Agencies
Experiences in different countries have demonstrated that there is
no single model that could determine the ways to minimise the risks of
corruption across the globe. Rather, a wide range of diverse models are
available from contemporary practices and historical experiences that
show different methods of minimising the menace of corruption.
Nevertheless, all the tools of controlling corruption are country
specific.
The available literature on anti-corruption strategies can be
analysed from two perspectives. The first perspective is, what different
institutions/researchers suggest for fighting corruption, and the second
is, learning from the experience of others that how did they combat
corruption and have become model and ideal for the rest of the world.
These two perspectives are as follows.
(a) Institutions or Researchers' Perspectives
There exist at least three schools of thought on corruption
prevention and reduction. These schools of thought are eloquently
explained by McCusker (2006). First is Interventionism, in which the
relevant authorities wait for corrupt act to occur and then intervene to
capture and punish the offender. Second is Managerialism which advocates
the reduction or elimination of opportunities for corrupt actions by
establishing appropriate systems, procedures and protocols. Finally
organisational integrity argues that targeting individuals in the
anti-corruption efforts is less likely to be successful than targeting
the organisational context in which individuals operate. They involve
the integration of an organisation's operational systems,
corruption control strategies and ethical standards so that a norm of
ethical behaviour is created. Another World Bank study by Shah and
Huther (2000) suggests that anti-corruption programmes can influence
corruption through four mechanisms--reducing the number of transaction
involving public officials, reducing the scope for gains from each
transaction, increasing the probability of paying a penalty or
increasing the penalty from corrupt behaviour. Later Huberts (1998) has
also distinguished six strategies for controlling corruption. These are
Economic--which emphasises, inter alia on paying higher civil service
salaries. Educational--that aims at altering the attitudes and values of
the populace and civil servants alike via training and education
campaigns and engagement of the media. Cultural--it must be ensured that
the behaviour and attitudes of those in power are subject to stringent
codes of conduct and their behaviour filters down to civil servants.
Organisational or Bureaucratic--one must strengthen the internal control
systems such as auditing to detect corrupt activity, and staff rotation
to reduce the propensity for individuals to establish themselves in
entrenched corruption. Political--increasing in transparency in terms of
the monitoring of party finances and more broadly, a clearer and more
definite separation of powers in terms of the judiciary and the state.
Judicial or Repressive measures--that advocates harsher penalties for
corrupt practices but also the creation of independent anti-corruption
agencies.
A multi-layered and holistic approach for combating corruption was
proposed by Transparency International which is named as pillars of
National Integrity System (NIS), which operates from "the
conviction that all of the issues of contemporary concern in the area of
governance ... needs to be addressed in a holistic fashion" [Pope
(2000)]. The multi-layered approach of the Transparency International
comprises of (a) an Elected Legislature (b) the Role of Executive (c) an
Independent Judicial System (d) the Auditor-General (e) the Ombudsman
(f) independent Anti-Corruption agencies (g) Public Service to Serve the
Public (h) Local Government (i) an Independent and Free Media (j) Civil
Society (k) Private Corporate Sector (1) International Actors and
Mechanisms. The NIS is not a passive tool, neither it is necessarily
dependent on existing pillars or on specific combination of pillars; the
pillar identified above must be integrated as far as possible [McCusker
(2006)].
(b) Learning from Other Countries' Experience
Jon S T Quah (2003) article explains six best practices that were
adopted by those Four--Singapore, Hong Kong, China and Republic of
Korea--countries that are ranked best in Asia. These practices are (1),
do not rely on the police to curb corruption, i.e., never let the police
to handle the task of controlling corruption. This would be like give
candy to a child, expecting that it would not be eaten. Instead, a
separate agency dedicated solely to the task of fighting corruption
should be established to deal effectively with corruption in all
government departments, including police. Singapore and Hong Kong took
15 and 26 years respectively, to learn this importance lesson. (2)
Implement comprehensive Anti-Corruption Legislation; the legislation
should specify clearly the powers of the Director and officials of the
Anti-Corruption Agency responsible for implementation and these
legislations should be reviewed periodically to remove loopholes or to
deal with unanticipated problems by introducing amendments or if
necessary, new legislation. In Singapore the Prevention of Corruption
Act (POCA) specified the powers of directors and official fighting
corruption. For amending the legislation, the good example is of
Republic of Korea, which included an innovative chapter on the
protection of whistle-blower. (3) provide Anti-Corruption with adequate
staff and funding; all these four countries have allocated a huge amount
for Anti-Corruption agency, because they are targeting corruption with
three pronged strategy i.e. investigation, education and prevention,
which requires more funds and manpower. (4) Cut red tape to minimise
opportunities for corruption; in Republic of Korea, many government
regulations have created opportunities for corruption, but the
Regulatory Reform Committee (RRC) in 1998 was established to make the
Republic of Korea more business friendly by eliminating unnecessary or
irrational economic and social regulation that hindered business
activities. (5) Reduce opportunities for corruption in 'wet'
public agencies; vulnerable or 'wet' government agencies must
review their procedures periodically to reduce opportunities for
corruption. (6) punish the guilty to make corruption a high risk,
low-reward activity; it means that to perceive corruption as a high
risk, low reward activity, the government must publicised the corrupt
practices of civil servants, politicians to the media and also inform
the masses about the corresponding punishment. The good example for this
practice can be found in Hong Kong, where detection and punishment are
35 times more likely than Philippines and that is why corruption is less
serious problem in Hong Kong than Philippines.
Besides that there are some individual state efforts and
experiences, for instance, Malaysia, Singapore and Hong Kong. It must be
kept in mind that it took decades in implementing the right policies
there. It is not only the government efforts that led that happened but
in fact the role of opposition in parliament, for instance in case of
Malaysia, always played a critical role in moulding and amending the
legislations to make the Anti-Corruption agency more
independent/autonomous, effective and powerful. Mansoor (1979) explains
few factors in favour of Malaysia, because of which they succeeded in
reducing the instances of corruption. First is comparatively 'good
civil service pay', second is, the difference in the nature of the
transition from colonial rule to independence. Thirdly, Malaysia had a
bureaucratic tradition that is closer to the Weberian model; fourth
factor is the presence of a relatively well-informed, large,
professional, educated class; relatively independent judiciary; and
relatively free press. The fifth factor is that Malaysia has always had
a political opposition, whereas in political repression in many
Southeast Asian countries have prevented the opposition from
articulation publicly the issue of corruption.
Anti-Corruption Agencies
Since 1990s, more than 30 countries have established some form of
anticorruption agency (ACA) or commission as key tactic in their efforts
to fight corruption [USAID (2006)]. All these anti-corruption agencies
are mandated to adopt procedures that engage in prevention, detection or
punishment of corruption. The need for establishing anti-corruption
emanates from Article 6 of the United Nations Convention against
Corruption that requires that each signatory country establish a body
(department) dedicated to the prevention of corruption. Theoretically
the impetus for establishing anti-corruption agency should arise from
the government; however, there are certain other motives that also need
to be considered. For instance, pressure from international community
for establishing such agencies. The lack of commitment (from political
government) makes the agencies less effective. Because of this
commitment element some agencies are performing well in pursuance of
corruption while others are less effective and successful.
While reviewing the literature it becomes evident that some of the
successful anticorruption agencies has brought dramatic improvements in
pursuing corruption. However, some analyst portrayed anti-corruption
agencies as "more failures than successes" [Pope (2000)]. This
is also evident from the fact that among the African states, almost
every country has an anti-corruption agency but only four out of thirty
six countries were rated by Transparency International for reducing
corruption [Transparency International (2007)]. Another researcher,
Kuria (2012) noted that the most of the corrupt countries, as per
Transparency International's Corruption Perception Index (CPI), are
having centralised anti-corruption agencies. In addition, the researcher
observes that none among the 10 "Least Corrupt" countries
follow such a strategy.
From the available literature, it is revealed that there are five
success stories on anti-corruption agencies. These include, Rwanda [see
Ankomah and Hanson (2009)], Singapore [Quah (1989)], Hong Kong
[Lethbridge (1985)], Botswana [Doig and Riley (1998)] and Bulgaria
[Heilbrum (2004)]. It is pertinent to note that one should think wise
before recommending and adopting the anticorruption agency model as an
anticorruption strategy. The effectiveness of anticorruption agencies
can vary remarkably from one case to another, as it depends on the
contextual factors of the country [Trinh (2014)]. Among these five
countries, the examples of Hong Kong and Singapore are widely quoted in
the literature. The Hong Kong established Independent Commission Against
Corruption (ICAC) in 1974, whereas, Singapore established Corrupt
Practices Investigation Bureau (CPIB) much earlier in 1952 to implement
the Prevention of Corruption Ordinance (POCO). The successes of ICAC and
CPIB in curbing corruption in Hong Kong and Singapore respectively have
been analysed in many researches [Quah (2003, 2006, 2008)]. John S.T
Quah (2008) eloquently describes the histories and different elements of
these anti-corruption agencies.
The USAID (2006) summarises some of the successful factors for
anti-corruption agencies (including ICAC and CPIB). These are:
cross-agency coordination--which focuses on cooperation from sister
organisations; focus--on prevention and monitoring government
implementation of anti-corruption policy; accountability--to keep
standard, judicial review, public complaints and oversight;
independence--that include independent appointment and removal
procedures for top officials; powers--comprise on strong research and
prevention capabilities, can access documents and witnesses, can freeze
assets etc.; staff- should be well trained, sufficient in number with
highly specialised skills etc.; enabling environment--economic stability
of the country, and corruption is not fully entrenched in the system,
i.e., some sectors in the country are clean; complimentary
institutions--with adequate laws and procedures, free and active media
and rule of law.
The above description presents different perspectives on
corruption. It has been learned that this phenomena of corruption and
its causes varying from country to country. However one needs to
identify the key factors and conditions of the phenomena in its own
specific context that are based on in-depth national studies [Khan, et
al. (2012)]. Since this research is on Anti-Corruption Agencies in
Pakistan, therefore, in the next section describe it in the context of
Pakistan.
Corruption Control Agencies
When societies are confronted with the problem of corruption a
general response to this problem is the establishment of anti-corruption
agencies. Meagher (2005) explains that different countries adopt
different approaches toward this end. Since the focus of this research
is on anti-corruption agency in Pakistan, i.e., National Accountability
Bureau, the procedures adopted in NAB are similar with Hong Kong. NAB is
considered as an apex institution against corruption in Pakistan and
which amalgamate all powers of previous anti-corruption agencies in the
country since independence. In addition to that, NAB has the authority
to take investigation of corruption in its ambit, even if it is under
investigation with any other agency.
Undeniably, corruption is considered as detrimental for the society
as whole [Klitgaard (1988)]. However, it becomes more severe when
general public attitudes start changing and accepting this menace. In
Pakistan the general perception is that acceptability is increasing
toward corruption [Javaid (2010)]. In Pakistan anti-corruption agency
are not often researched in this context. The case study of NAB has been
researched with the intention to inquire from organisation and its
officers whether the increase in acceptability of corruption among
general public is also reflected/translated in their organisation or
not. In addition to that to explore what do they consider as corruption
and how do they prosecute them.
Method
The central aim of this research study was to find the perceptions
on corruption, integrity violation, typologies and how these were
prosecuted by the agency for the control of corruption and integrity
violation. It was determined that the best responses on these concepts
and issues could be attained from qualitative tools (Interviews).
Therefore in this research we conducted interviews with different
rank officers and officials. Prior to starting interviews we approached
the Director General, Head of the department (NAB) with authorisation
letter from PIDE requesting for accessing information related to policy
documents and interviews with the staff of NAB KP. The letter explained
purpose of the study and guaranteed anonymity and confidentiality of
information, because of the sensitivity of the subject matter. This was
also demanded by the respondents to not disclose their identities. The
respondents/Interviewee were assured that no one will have access to the
confidential information they shared with us. However, some of the
interviewees were even reluctant to allow voice recording, therefore,
for their comfort all the points were recorded in writing. It was taken
care that every rank officer be provided opportunity to share his/her
experiences and to reflect openly to the posted questions.
In this research, a total of 15 officers' interviews are
included. Majority of the officers were in the rank of Assistant
Directors, followed by Deputy Directors. It was taken care that both the
experienced and newly recruited officers be included in the interviews.
For the selection of the officer, a snow-ball sampling technique
was adopted, based on willingness of the officers. This technique helped
in identification of more experienced officers in NAB. Since this
technique is non-probability sampling therefore, the results of these
findings cannot be generalised to the whole NAB-KP or overall the
department in the country. Nevertheless, the findings from this
explorative study can be used as base for other future researches.
RESULTS
Understanding of Corruption and Integrity Violations
This information was gathered through formal and informal
interviews with officers. The focus was to record their understanding,
that how do they understand, define corruption and integrity violations,
also how they comprehend the NAB's definition of corruption. In
other words, the intention was to see whether NAB officers have also
leniency toward corruption as the general public have in Pakistan [see
Javaid (2010)]. Since the word corruption is more comprehensible
therefore, corruption word was use more frequently as compared to
integrity violations during the interviews. It is also pertinent to note
that officers were inquired about definition of corruption, in their own
understanding as well as comprehension in NAB. Hence, two different
types of definitions were recorded. The findings on corruption and
integrity violations are as follows.
Since the aim of the establishment of National Accountability
Bureau (as mentioned in preamble of the NAO 1999) was to recover the
looted money from corrupt officers and individuals, mostly the officers
defined corruption in terms of looted money. As one interviewee defined
corruption as, "looting of public money, adopting various modus
operandi to that end. Money is between the state and state property,
anybody engaged in looting that through illegal procedures including
misuse of authority," Another interviewee mentioned that
"general perception about corruption is looting of money."
However, few interviewees contended this definition and approach, rather
extended it and connected it with injustice. For instance, one
interviewee mentioned that "corruption is perceived as looting
money, but that is not a sound approach ... injustice, in my opinion, is
actual corruption ... '" Similarly, one interviewee extended
the definition to destruction, as he mentioned that "corruption is
actually fasaad fil arz, meaning thereby any activity which brings
disaster to those living on earth ... the definition of corruption that
comes to my mind is that of fasaad, destruction ... "
The understandings about corruption seem to be limited among
officers in National Accountability Bureau (NAB) and mostly the officers
defined it in terms of few types rather than describing the behaviours.
For instance, one interviewee mentioned that "Corruption may
include simple embezzlement ... and appointment of employees on nepotism
is another example of corruption". Another interviewee mentioned
that "corruption in NAB's law encompasses illegal
gratification, misuse of authority, building assets on income generated
from illegal sources, issuance of SROs which gives illegal tax benefit,
cheating people at large ... "
When the prevailing definition of NAB was explored from the
officers, their focus was more personal benefits of government officers.
For instance, one interviewee mentioned that "/ think that any act
executed by a serving government officer to his own end and anybody
assisting in that encompasses the very definition of corruption.. "
Similarly another interviewee mentioned that "the duty of a
government officer is to serve the public, and while disrupting the very
basis of routine work and twisting that in the direction of his own
benefits generate the very idea of corruption ... "
The interviews with few officers reveal that they are confusing the
concepts of corruption and integrity violations. For instance, in their
opinion, not fulfilling the duty or not doing it appropriately, and even
staying silent is corruption in their perception. For instance, it was
mentioned that "if a responsibility is entrusted to you by the
government and you do not carry that out as an appropriate action, it
will be counted under corruption. If allocated funds are used for a
purpose other than the specified one, it also comes under umbrella term
of corruption ... " Another interviewee elaborated that
"corruption is not limited to give and take of money to administer
something wrong, but even trying to stay silent on it is again
corruption." However, this is also conflicting with earlier
responses on definitions in which the focus was on looted money as
corruption.
The most comprehensive definition was recorded in a focus group
discussion with newly recruited officers. According to them,
"corruption is misuse of authority to gain monetary benefits as
well as it entails use of influence ... any act taken place against set
law and procedures, either done to gain monetary benefits or not shall
be treated as corruption."
In another focus group discussion it was learnt that NAB's
focus in terms of corruption is there on the government officer or a
private person who has looted or embezzled public funds. Recovery of the
looted amount is what constitutes NAB's definition of corruption.
Most of corruption deals with looted funds of Government treasury.
However, there are two cases where funds other than government treasury
are also considered; these are wilful default of banks, and cheating
people at large.
Similarly, appointments made without considering merit may not
damage public funds at that time but its consequences will be visible
after sometime as he may be inefficient and may not be doing his work
properly.
From the above definitions it can be inferred that officers
sometime extend the meaning corruption and at times define it too
narrowly. Since the mandate of the organisation is recovering looting
money, therefore, those behaviours are considered as corruption where
monetary transactions occurred, whereas, many other types of behaviours
that do not involved money are not taken as serious. What this mean is
that there is a difference in the official definition of corruption and
the one offered by NAB officers. Even within the NAB officers, different
people define and understand corruption in different way. When there is
a difference/disagreement of definition or lack of understanding about
the definition it may have serious implication for investigation and
prosecution.
Understanding of Typologies of Corruption and Integrity Violations
This section describes briefly the opinions of officers on
typologies of corruption and integrity violations. The intention was to
see which types of behaviour are considered as corruption and which are
not.
In most of the interviews the interviewees mentioned to refer to
Section 9 of the National Accountability Ordinance, 1999, rather than
elaborating the types of corruption. Nevertheless, in many interviews
the terms illegal gratification, embezzlement, misappropriation, and
cheating public at large were the frequently mentioned types of
corruption. All these types of corruption are discussed in afore
mentioned Section 9. For instance, one interview mentioned that
"other than misuse of authority, illegal gratification is also one
major type of corruption ..."
An important point that mentioned during the interviews was that
one type of corrupt behaviour can be related to other types of
corruption. For instance one interviewee stated that "kickbacks are
also included under the head of misuse of authority which could either
emanate from nepotism or favouritism". A question may arise that
whether imposing too many types of corruption on a case increase the
punishment for the offence? The answer is simply 'no'. The
reason is that as per NAB law, all types of corruption are considered as
same and thereby same punishment is awarded. An important point that
needs to be added is that all 12 offences that describe in Section 9 of
NAO are the different types of corruption do not deal with types of
corruption only, as the last one includes assistance or abetment in
practicing corruption as well thereby otherwise meaning to facilitate
corruption.
Since the organisation is dealing in recovering the looted money of
the public, therefore, illegal monetary benefits are considered among
the major forms of corruption beside other non-monetary ones. In a focus
group discussion, the respondents mentioned that "monetary benefit
and illegal use of authority are two major forms of corruption.
Corruption could be intellectual in nature as well, mostly prevailing in
academia and breach of trust is yet another form of corruption to be
addressed, be that in public or private capacity." Similarly in
another group discussion, it was stated that there are different angles
to corruption and misuse of authority is the main root cause of
corruption. In their opinion, "it is also corruption if such laws
are not introduced which can bring a good change to the society as there
are hidden motives behind such indifference, inaction and
lethargy."
Understanding on Anti-Corruption Mechanisms
This section elucidates the responses recorded from different
interviewees with respect to anti-corruption mechanisms and problems
associated in the process. It was revealed that NAB is not working under
any ministry, therefore autonomous in nature. The anti-corruption
mechanism of NAB is usually divide into three portions; firstly
complaint verification; secondly inquiry and lastly investigation where
we have the power to arrest. With respect to sources of information
regarding corruption, Section 18 of NAO (1999) identifies three sources;
complaint, on record like sue motto and emanating from the department
itself.
Based on that, complaints can be directly lodged at NAB. When a
complaint is reported, a small brief is prepared in that direction which
includes name of the complainant and that of the department or an
individual against whom the complaint has been reported so far. The
brief is then put up by Deputy Director to Additional Director and ample
reasons are given by Deputy Director to explain as to why the complaint
may be processed further. The brief then is put up to Regional Board of
Directors where collective decision is taken. The final decision taken
is actually the result of brainstorming of 5 or 6 individuals eventually
filtered through a number of questions asked and answers replied. Amount
of funds involved is an aspect that we cannot ignore while taking mutual
decision. However, the amount may be subjected to change while looking
at different regions. To add further, it is not important for NAB to
categorise cases under specific types as mentioned in section 9, for its
internal proceedings. However, as a matter of observation, at least
every case will pertain to 4 or 5 types, simultaneously. The penalty
imposed at the end of the day does not differ from type to type, but
section 10 categorically says that punishment will be given or penalty
will be imposed when charge against any type of corruption is
established.
During the interviews with officers it was learnt that though
enforcement is an important aspect of anti-corruption mechanism; however
there are two other sides to it, that's awareness and prevention.
More recently NAB got approved a proposal for inducting a chapter on
anti-corruption in syllabus of students enrolled in educational
institutions. The interviewees added that "one cannot stop others
from doing wrong if they does not even follow religion in letter and
spirit, however the idea that one shall not tell others to stop doing
wrong because others will not pay a heed to it is altogether a
pessimistic view and hence awareness about corruption must be created
among different sections of the society."
The NAB operations can be divided into three portions; firstly
complaint verification (CV); secondly inquiry and lastly investigation
where NAB has the power to arrest. At times the evidence available at CV
stage is ample enough to interrogate the accused. During enquiry, record
and bio data of the accused is sought from different related
departments. All cases are properly discussed with Director General on
weekly basis. Before third stage, there are two options available to the
accused: voluntary return (VR) and plea-bargain (PB). The VR can also
take place by applying to the DG if the accused accepts his crime and he
shows willingness to return the looted public money to the Government
Exchequer. Whereas, the plea-bargain takes effect after the accused is
under arrest. Here, plea-bargain differs from VR because after PB has
been availed, service of the convict is no more there, and however, he
is not imprisoned anymore and therefore is declared free. After availing
VR, there is no punishment imposed, but worth mentioning here that VR is
given as an option by the officer to the accused, but in case of a
serving government officer, VR is avoided so that he may be punished
through plea-bargain and to create deterrence in mind of the
accused/convict to avoid looting public money in future. Ideas like that
of VR ad PB have been taken from anti-corruption laws of developed
countries of the world.
In many interviews, the rationale behind the VR was revealed, and
interviewees objected the prevailing perceptions [see Javaid (2010)]
about these VR and PB policies of the organisation. For instance, one
interviewee stated that "the basic philosophy behind the use of
Voluntary Return is that it takes place at preliminary stage during
inquiry, and if recovery takes place through it, then three purposes are
fulfilled.
(i) Firstly, the essential objective of recovery is achieved;
(ii) Secondly, speedy recovery takes place without going through
prolonged stages of investigation, and
(iii) Lastly department's officers are relieved off a lengthy
and tedious task of investigation, and by the time case reaches the
court and the time period which it takes while in trial is also saved.
"
In addition to that many interviewees were of the view that
"punishment will not return public money back to the government
treasury, therefore NAB exercises voluntary return through which the
accused returns the looted amount on his own and his job, perks and
privileges are protected'." In response to question on
selection of cases for VR and PB, many officers were of the view that
"it is NAB policy that serving government officers are not served
with VR but cases with type of corruption under cheating public at large
is facilitated with VR so that public money may reach its due owner. We
do not serve VR in case of serving government officer but serve him with
plea bargain, so that he is punished and money is returned."
However, there are some exceptions to this policy owing to embedded
social and political setup in the country.
From the above discussion and information it can be inferred that
the mechanism for anti-corruption adopted by NAB is praiseworthy in the
view of the officers. Particularity, the offer of VR was supported by
most of the NAB officers on ground of saving time and money sources
while achieving the essential objective of recovery. These
anti-corruption mechanisms are lauded by many other developing countries
(including China). The officers in NAB defended their procedures of VR
and plea-bargain, that it helps in recovering the looted public money
with least efforts.
Most Prevalent Types of Corruption Cases Prosecuted in NAB
This section elucidates and analyses the findings from interviews
with respect to most prevalent types of corruption in NAB KP. This
section also reveals the possible reasons and causes of the corruption.
The primary objective of the organisation as mentioned in the
preamble to the law is to recover the looted amount of public, and its
enforcement is then secondary to that primary objective. Therefore, most
the types of corruption this organisation deals with is monetary in
nature and that to recovery it in the national exchequer.
With specific reference to KP, many officers in NAB mentioned that
most of the cases involve land revenue, departmental complaints related
to construction of roads, and fraud in mudariba based on cheating people
at large. For instance, an interviewee stated that "cases under
assets accumulation are frequently dealt with, and then cases pertaining
to misuse of authority take a second slot ... Misuse of authority can
either take place in domains of procurement or appointments. ... Cases
under cheating people at large are also frequently marked to NAB, for
example mudariba case, and such cases take place due to embezzlement and
misappropriation." The reasons for receiving such kind of
complaints under cheating people at large are that rules and regulations
that have been framed so far but its implementation in letter and spirit
is shaky in nature, and coupled with officers in hierarchical structure
who pursue team work to get desired results is simply the rhyme and
reason for preponderance of such cases. Furthermore, greed and status
consciousness are also responsible in this regard. The gap between
salaries and the authority given is wide and it needs to be set in the
light of position of the officer. Coupled with that is the copy syndrome
effect which any intelligent man is sharp enough to perceive, absorb and
use it.
Interviewees mentioned that it is really hard to prove the illegal
gratification even when caught red-handed, coupled with the existing
judicial system in the country. It was explained during the interviews
that "cases of illegal gratification do not stand because when
raided and caught red handed, the one who is about to receive the amount
suddenly takes a U-turn and he says that he wants to throw the money
back but other one does not accept it. To tackle this, a magistrate is
also accompanied to the court so that NAB remains vigilant on technical
know-how of the judiciary system."
Some complaints were recorded against the judicial system in the
country that rendered the efforts made by NAB fruitless, as one
interviewee stated that "the core issue here is that if our courts
punish and impose a penalty on the convict, High court or Supreme Court
acquits the convict, thereby rendering all our efforts useless and
fruitless. Arrest on our part is a very strong privilege; at least it
brings damage to reputation of the accused thereby creating
deterrence."
With respect to least recurring types of corruption in the context
of N AB-KP, is the issuance of Statutory Regulatory Ordinance (SRO).
Statutory Regulatory Orders are issued to benefit one individual or a
party, once it is benefitted by the targeted; it is then rescinded the
other day. It clearly beckons at legalising something which is illegal
in essence, and therefore the officer issuing that particular SRO is to
be held responsible for it. These sorts of corruption cases are more
frequent in Sindh.
CONCLUSION AND DISCUSSION
From the interviews with officers in NAB, it was revealed that the
primary objective of the formation of NAB was recovery of looted money
in retrospective of 1999 military coup, and economic sanction being
imposed on Pakistan in the wake of 1998 nuclear detonations. Two
different questions were posited to the interviewees first, their
understanding of corruption; and second in their perception what the
organisation (NAB) see as corruption. It was revealed that corruption is
the looting of public money by adopting different mechanisms. Very few
interviewees related that to the misuse of public office for private
gains. Since it is mentioned in their preamble to recover the looted
money from corrupt people, therefore the defining corruption in these
lines make some sense. In addition to that few interviewees related this
concept with injustice and fasaad (disaster/destruction) and considered
these as actual corruption. Those interviewees, who could not define it
properly, mentioned few types of corruption while defining it. For
instance, the types of corruption are embezzlement, nepotism, illegal
gratification and cheating public etc.
The lack of understanding among the majority of interviewees is
visible from the fact that sometime the term was defined too broadly
while at times too narrowly. In addition to that the interviewees
confused the concept of integrity violations and corruption. For
instance, not fulfilling the duty or not doing it appropriately is
corruption.
Since the organisation is dealing in recovering the looted money of
the public, therefore illegal monetary benefits and illegal use of
authority are considered among the major forms of corruption. With
specific reference to NAB-KP, most of the cases involve land revenue,
departmental complaints related to construction of roads, fraud in
mudariba based on cheating public at large. However, few interviewees
added that they received large number of complaints against officers and
individuals who have accumulated huge assets beyond then-known sources.
The misuse of authority, as type of corruption is mostly occurring in
the domain of procurements and appointments. The reasons for receiving
such kind of complaints under cheating people at large are that rules
and regulations that have been framed so far but its implementation in
letter and spirit is shaky in nature, and coupled with officers in
hierarchical structure who pursue team work to get desired results is
simply the rhyme and reason for preponderance of such cases.
Furthermore, greed and status consciousness are also responsible in this
regard. The gap between salaries and the authority given is wide and it
needs to be set in the light of position of the officer.
With respect to least recurring types of corruption in NAB-KP, the
issuance of Statutory Regulatory Ordinance (SRO) is considered as least
occurring. Statutory Regulatory Orders are usually issued to benefit one
individual or a party, once it is benefitted by the targeted; it is then
rescinded the other day. It clearly beckons at legalising something
which is illegal in essence, and therefore the officer issuing that
particular SRO is to be held responsible for it. These sorts of
corruption cases are more frequent in Sindh on the account of having
large industrial base, whereas in KP, the industrial setup is in
moribund condition.
This study focused only understanding corruption and integrity
violations among the officers in anti-corruption agency in the country.
The results are clear that officers understanding need to be improved,
for improving the performance of the organisation. This study was not
conducted among all employees of the organisation rather among few
selected officers. In order to make the finding generalise, other
studies also need to be conducted. In addition to that, other
organisation with the same mandate of controlling corruption such as
Anti-Corruption Establishment, newly established Ehtisaab Commission and
Federal Investigation Agency, should be also be explored.
Since this study was qualitative in nature, in order to make the
result more robust, some quantitative studies are also suggested.
An important finding in this study was the role of judicial system
in combating corruption in collaboration with anti-corruption agency. It
is suggested that both of these organisation should be explored
simultaneously, to seek expectations of these organisations from each
other, to make the anti-corruption drive more effective in the country.
It would be a very interesting to explore the case studies of
corrupt officers for finding the reason why they did corruption.
Asif Ali <
[email protected]> is Chairman/CEO,
Lausbinsa (Pvt.) Ltd., Islamabad. Muhammad Jehangir Khan
<
[email protected]> is Assistant Professor, Pakistan Institute
of Development Economics (PIDE), Islamabad. Saif Ullah Khalid
<
[email protected]> is Senior Reserach Associate, National
School of Public Policy, Lahore.
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