ISLAMABAD – The National Accountability Commission Bill, 2012 (NAC Bill 2012) is a little and a late effort of the ruling PPP.
In an analysis released by the Islamabad-based non-government parliamentary watchdog, PILDAT, on Thursday, it described the Bill a futile exercise and also asked that the government to allow debate in the National Assembly and the Senate and, in parallel, in the society, before this law is passed. Where the government has waited for 3.5 years, it can also wait further for 2 to 3 months to allow debate on the law and improve it in the light of the debate. The government should not steamroll the issue through the Parliament.
Comparing the NAC 2012 to the National Accountability Ordinance of 1999, PILDAT believes that the draft NAC 2012 is not an improvement but it aims to shrink the space of accountability as provided under the 1999 Accountability Ordinance. If passed by the Parliament in its current shape, the law will be a sad commentary on the political process and its inability to put in place an effective, objective and across-the-board accountability mechanism in nearly 5 years since 2008, it explained.
It further said that an effective accountability mechanism requires that the laws cover all past and present corruption. No effective date should be mentioned in the bill.
1. There should be no limitation on the period after which a prosecution cannot be initiated in respect of corruption
2. The definition of corruption should be broader and precise in line with Pakistan’s UNCAC obligations. Wilful default, offence of cheating, criminal breach of trust, offence of abetment, etc., included under the NAO 1999, should also be covered under the NAC 2012
3. Private sector should also be included in the ambit of the law
4. The mode of appointment of the Chairman tilts in the favour of the Government and must be amended through providing for a special committee having equal representation of both the ruling party / coalition and the opposition and representation both from the National Assembly and the Senate as is the case for the Committee charged to select the Chief Election Commissioner and members of the Election Commission
5. Definition of assets should also include benami as under the NAO 1999  6. The scope of asset freezing should be broader including the assets abroad
7. Sufficient investigating powers should be given to the Agency including the power to arrest during the investigations
8. Witness protection should be included in the bill 9. The banking laws should be modified to allow for proper investigations  10. The issue of plea bargain and tender of pardon should be re-examined and be included in the bill. The penalties for corruption offences should be stricter including a ban for longer duration on holding public office as mentioned in the NAO at least for 10 years
11. There should be a disqualification for public office holders in case of pre-trial voluntary return as well
At the heart of the anti-corruption effort is the need to create an investigation and prosecution agency, which is impervious to political influence of the government of the day or any type of influence from any quarter. Such an agency should continue with its accountability mission irrespective of who and which party is in power and no matter how powerful and well connected the accused persons are. It is equally important that the accountability mechanism should not become an instrument of victimization against political opponents, the manner in which the NAB was used during the period of General Pervez Musharraf, PILDAT said.
The sustainability of Democracy in Pakistan is closely and directly related to the existence of such an independent accountability mechanism.