ANTI-CORRUPTION AGENCY STRENGTHENING INITIATIVE ASSESSMENT OF PAKISTANNATIONAL ACCOUNTABILITY BUREAU

2016

I have great satisfaction in introducing the Anti-corruption Agency Strengthening Initiative Assessment of Pakistan’s National Accountability Bureau Report 2016.

The objective of the ACA Strengthening Initiative is �rst to produce a comprehensive qualitative performance assessment of National Accountability Bureau (NAB), including its areas of strength and weakness and secondly to identify gaps in terms of NAB’s performance and provide feedback in the form of recommendations to NAB and other relevant stakeholders. These recommendations will be shared with di�erent stakeholders. It is hoped that the Government and National Accountability Bureau will utilize this report to improve the performance of the Anti-Corruption Agency so that corruption in the country can be reduced.

This research has been made possible due to a grant from Transparency International Secretariat.

Saad RashidExecutive DirectorTI Pakistan

Foreword

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Lead Researcher:Dr. Samra Javed

Review Team:Transparency International PakistanSaad Rashid, Executive Director Kashif Ali, Assistant Project Coordinator

IllustratorMansoor Iqbal

Project Team

Acknowledgements

Transparency International Pakistan would like to thank the Chairman National Accountability Bureau, Mr. Qamar Zaman Chaudhry, Deputy Chairman, Mr. Imtiaz Tajwar, Director General Operation, Mr. Zahir Shah, Director General Karachi, Lt. Col. (R) Sirajul Naeem and other sta� members of NAB for their valuable input. TI Pakistan is also indebted to Dr. Shoaib Suddle, Ex Federal Tax Ombudsman, for moderating the Focus Group Discussion. Thanks are also due to all other stakeholders who took out valuable time to be a part of the FGD and interviews.

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About Transparency InternationalTransparency International (TI) is the civil society organization leading the global �ght against corruption. Through close to 100 chapters worldwide and an international secretariat in Berlin, Germany, TI raises awareness of the damaging e�ects of corruption and works with partners in government, business and civil society to develop and implement e�ective measures to tackle it.

For further information please contact:Transparency InternationalAlt Moabit 9610559 Berlin, GermanyTel: + 49-30-34 38 20-0Fax: + 49-30-34 70 39 12E-mail: ti@transparency.orgWeb http://www.transparency.org

About Transparency International PakistanTransparency International Pakistan (TI Pakistan) is the National chapter of Transparency International, established in 2002 with the main aim to strengthen the global value system by making transparency and accountability more relevant public norms. Working in collaboration with other stakeholders and departments, TI Pakistan regularly publishes research papers, reform proposals and manuals with the aim of disseminating information to all stakeholders, and also conducts capacity building workshops.

For further information please contact:Transparency International Pakistan4-C, Mezzanine Floor, Khayaban-e-Ittehad,Phase VII, Defence Housing Authority Karachi.Phone : + 9221-35390408 & + 9221-35311897-8Fax : + 9221-35390410Email : ti.pakistan@gmail.comWeb : www.transparency.org.pk

DisclaimerEvery e�ort has been made to verify the accuracy of the information contained in this report. All information was believed to be correct as of November 2016 as per the sources quoted in this report. Nevertheless, Transparency International Pakistan cannot guarantee the accuracy and completeness of the contents beyond the sources veri�ed for the purpose of this study. Nor can Transparency International Pakistan accept responsibility for the consequences of its usage for other purposes or in other contents. Contributions to this report by authors external to Transparency International Pakistan do not necessarily re�ect the view of Transparency International Pakistan

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ACRONYMS . . . . . . . . . . . . . . . . . . . . . . . . 8EXECUTIVE SUMMARY . . . . . . . . . . . . . . . . . . . . 9 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . 16 BOUT THE ASSESSMENT . . . . . . . . . . . . . . . . . . . 17

1. PAKISTAN’S POLICY CONTEXT AND PERCEPTIONS OF CORRUPTION . . . . 19 ECONOMY . . . . . . . . . . . . . . . . . . . . . . . . 19 POLITICS AND SOCIETY . . . . . . . . . . . . . . . . . . . 21 LEVELS OF CORRUPTION . . . . . . . . . . . . . . . . . . . 23

2. INSTITUTIONAL BACKGROUND AND PROFILE OF NAB . . . . . . . . . 25 RESOURCES . . . . . . . . . . . . . . . . . . . . . . . 27 STRUCTURE . . . . . . . . . . . . . . . . . . . . . . . 28 PREVENTION, EDUCATION AND OUTREACH. . . . . . . . . . . . . . 30

3. KEY FINDINGS . . . . . . . . . . . . . . . . . . . . . . 33 NAB’s LEGAL BASIS, INDEPENDENCE AND MANDATE. . . . . . . . . . . 38 NAB’s FINANCIAL AND HUMAN RESOURCES. . . . . . . . . . . . . . 38 NAB’s DETECTION AND INVESTIGATION FUNCTION. . . . . . . . . . . 39 NAB’s PREVENTION, EDUCATION AND OUTREACH FUNCTIONS. . . . . . . 40 NAB’s COOPERATION WITH OTHER ORGANIZATIONS. . . . . . . . . . 41 NAB’s OVERSIGHT AND ACCOUNTABILITY. . . . . . . . . . . . . . 42 NAB’s PERCEPTION OF EFFECTIVENESS. . . . . . . . . . . . . . . 43

4. CONCLUSIONS AND RECOMMENDATIONS . . . . . . . . . . . . 69 RECOMMENDATIONS FOR GOVERNMENT. . . . . . . . . . . . . 69 RECOMMENDATIONS FOR NAB. . . . . . . . . . . . . . . . 73 CONCLUSION. . . . . . . . . . . . . . . . . . . . . . 80

ANNEX 1: BACKGROUND TO THE PROJECT. . . . . . . . . . . . . . . 81ANNEX 2: INTERVIEWEES. . . . . . . . . . . . . . . . . . . . 82 ANNEX 3: STAKEHOLDERS CONSULTED. . . . . . . . . . . . . . . 83ANNEX 4: REFERENCES. . . . . . . . . . . . . . . . . . . . 84ANNEX 5: CLASSIFICATION OF INDICATORS . . . . . . . . . . . . . . 88

TABLE OF CONTENTS Anti-C

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ACRONYMSACA Anti-Corruption Agency

CPEC China Pakistan Economic Corridor

CPIB Corrupt Practices Investigation Bureau

CPI Corruption Perception Index

CSO Civil Society Organization

FIA Federal Investigation Agency

GCI Global Competitive Index

GDP Gross Domestic Product

HDI Human Development Index

ICAC The Independent Commission against Corruption

IAM Internal Accountability Mechanism

KNAB Latvia’s Corruption Prevention and Combating Bureau

KPK Komisi Pemberantasan Korupsi (Indonesia’s ACA)

MACC Malaysian Anti-Corruption Commission

NAB National Accountability Bureau

NAO National Accountability Ordinance

PB Plea Bargain

PILDAT Pakistan Institute of Legislative Development and Transparency

PPC Pakistan Penal Code

TI Transparency International

TI-Pakistan Transparency International, Pakistan

WEF World Economic Forum

USKOK Prosecutors of Croatia’s Bureau for Combating Corruption and Organized Crime

Transparency International Asia Paci�c Department has worked for the last few years with a group of regional and international experts and anti-corruption agencies (ACAs) to develop a collaborative framework to assess the enabling environment, performance and competence of these ACAs. An advisory group coordinated by Transparency International has developed a set of indicators and benchmarking standard, led by Professor Jon Quah, which aims to highlight the strengths and weaknesses of ACAs. The assessment of Pakistan’s Anti-Corruption Agency, National Accountability Bureau (NAB), is a continuation of the collaborative e�ort initially taken by Bhutan and currently in place in other Asia Paci�c countries. This report presents an analysis of Pakistan’s policy and corruption context as well as a thorough research employing the desk review of NAB’s reports, website and other relevant resources. Besides, it also presents the qualitative analysis of the interviews conducted with relevant stakeholders. The research resulted in the assessment of NAB against the set series of indicators. The assessment is followed by a series of recommendations to NAB and other relevant stakeholders including the government o�cials.

The assessment tool was developed during the two year period 2013 to 2015 through a collaborative dialogue between Transparency International, sta� from some of the ACAs in the Asia Paci�c region and a group of experts convened by Transparency International. The ACA is assessed on the basis of 50 indicators. Each indicator can be scored at three levels: high, medium and low. Each level was de�ned by an indicator, depending on the condition assessed. To score each indicator the research team identi�ed the speci�c source of information, where necessary, from the ACC's legal basis of support and reports. The team further substantiated each score with in-depth interviews with the ACC's sta� and management, as well as interviews with other government agencies, branches of government, media and civil society organizations.

The assessment aims at two speci�c goals: 1) To produce a comprehensive qualitative performance assessment of NAB, including its areas of strength and weakness and 2) To identify gaps in terms of NAB’s performance and provide feedback in the form of recommendations to NAB and other relevant stakeholders.

The assessment report entails the policy context of Pakistan and a pro�le of NAB. Section One of the report presents the economic scenario of Pakistan which is a federal republic country. Though the income inequality is high, Pakistan is categorized as a lower middle income country according to World Bank list of economies as of July 2016. Corruption is cited as the most serious problem in the country.

NAB re�ects its strength under the dimension of legal basis, independence and mandate. It is a legally independent unit operating under the aegis of the National

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EXECUTIVE SUMMARY

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Accountability Ordinance-1999. Its scope of work involves education, detection, investigation and prosecution of cases involving corrupt practices. Its sole objective being eradication of corruption from society through an extensive strategy, it enjoys extensive powers to investigate arrest and prosecute.

There has been an extensive reliance on part of NAB on its awareness campaign to disseminate information on preventing and combating corruption and corrupt practices. Its internal integrity and accountability are guided by a Code of Conduct. It is encouraging to note that NAB takes cognizance of cases of corrupt practice by its own employees under National Accountability Ordinance.

The assessment of NAB, detailed in section three of the report tests 50 indictors, drafted to assess its performance, e�ectiveness and competence as well as to identify its weaknesses and areas for opportunity. The assessment comprises seven dimensions as follows:

1. NAB’s Legal Basis, Independence and Mandate (Seven indicators) 2. NAB’s Financial and Human Resources (Nine indicators)

3. NAB’s Detection and Investigation Function (Nine indicators)

4. NAB’s Prevention, Education and Outreach Functions (Nine indicators)

5. NAB’s Cooperation with other Organizations (Five indicators)

6. NAB’s Oversight and Accountability (Four indicators) 7. Public Perceptions of NAB’s Performance (Seven indicators)

TI-Pakistan followed the steps as follows to score each indicator.

1. The desk review of available resources was employed

2. It was later substantiated with interviews with NAB’s Chairman, Deputy Chairman, Director Generals and other sta�.

3. A focus group discussion was later organized with relevant stakeholders including government o�cials, media organizations, civil society, research scholars and university students. 4. Separate interviews with government o�cials and media were also held.

NAB has scored high in 49 per cent of the indicators assessed, moderate in 33 per cent of the indicators assessed, and low in 18 per cent of the indicators assessed.

The �ndings indicate that two dimensions emerge out to be strong in NAB’s assessment: its Oversight and Accountability (89%) and its Cooperation with other Organizations (87%). NAB’s Perception of E�ectiveness is its weakest dimension scoring the lowest ranking (67%).

Table 4 illustrates all indicators and scores. The indicators rated as high are represented in green color, the moderate ones in yellow and the low ones in red, respectively. The indicators colored grey are not scored, because the research team did not have su�cient information to score them.

The indicators that could not be rated because of unavailability of adequate / credible data were 1) frequency of including corruption prevention recommendations in NAB’s investigation reports, 2) its oversight mechanism, 3) public perception of adherence to due process in its use of powers among those having direct contact with NAB, 4) perception of NAB’s e�ectiveness in corruption control among persons with direct contact with NAB and 5) its e�ectiveness in dealing with females who were in direct contact with NAB. These indicators were included as it represents a best model. Not having them indicates the need to segregating data based on indicator focus or the need of developing them given the importance of their focus.

By dimensions the gaps identi�ed are as follows:

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NAB’s Legal Basis, Independence and MandateNAB re�ects its strength under the dimension of legal basis, independence and mandate. The legal set up gives NAB independence in terms of its functions, authority and jurisdiction. Its sole objective is eradication of corruption. NAB has extensive powers to investigate arrest and prosecute the corrupt. The Chairman is appointed for a �xed term of four years by the President with the mutual consent of the Leader of the House and the Leader of Opposition. The shortfall under the dimension is lack of freedom in practice as NAB is reported not free from political pressures.

The average proportion of NAB’s budget to total government budget for the past three years is the major shortfall under the dimension of �nancial resources.A comparison of the said budgets re�ects that the proportion of budget in the last three years has been below 0.10% of the country’s budget. However, according to NAB the revenue is su�cient to carry out its activities. Salaries and bene�ts of the sta� are competitive. NAB o�cials have su�cient expertise to carry out their duties. However expertise in specialized �elds is lacking.

NAB’s Financial and Human Resources

NAB’s Detection and Investigation FunctionThe major shortfall that appears under this dimension is the low number of complaints lodged as only less than one percent complaints are lodged relative to population and levels of corruption. Perhaps this is the reason behind the low con�dence of the general public in the e�ectiveness of NAB. With regards to NAB’s responsiveness to complaints, it is rated high based on the large number of complaints responded to in the last three years. NAB initiates complaints on its own, as and when required. It has intervened in and scrutinized several projects worth

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NAB’s Prevention, Education and Outreach Functions

billions of rupees. Complaints are also initiated on the information provided to NAB by other individuals and organizations. NAB is rated moderate in terms of number of cases investigated as between 300 to 800 cases annually have been investigated by NAB during the past three years. The working of NAB in terms of e�ciency and professionalism of corruption is rated as moderate. NAB does not identify gender in compiling corruption complaints.

A substantial part of NAB’s budget is allocated to its Prevention, Education and Outreach Functions. An extensive public outreach program is carried out each �nancial year that includes formulation of prevention plans at federal as well as provincial level, initiation of several corruption prevention initiatives and constitution of character building societies to enhance awareness through education and character building. There has been an extensive dissemination of information about corruption prevention and reliance on campaigns on part of NAB. Numerous initiatives have been taken such as activities on UN anti-corruption day, seminars, walks, academic competitions, media campaigns including radio TV and newspapers, documentaries, the slogan of Say No to Corruption on utility bills, Automated Teller Machine (ATMs) and banners and standees are put up at prominent places. The campaign would be more e�ective if anti-corruption is made a part of the curriculum at all levels of education. However, little independent research is undertaken by NAB. The use of social media to propagate its outreach activities is also limited.

NAB’s Cooperation with Other Organizations

NAB’s Cooperation with other organizations is one of its strongest dimensions. In terms of Government support to NAB for prosecution of corruption cases. It is observed that the Prosecutor General NAB is head of Prosecution Division, assisted by the Team of Legal experts and prosecutors all over the country. NAB has close coordination with Attorney General and Advocate General of Pakistan during defense of corruption cases when question of law arises. NAB collaborates with a wide range of international anti-corruption organization and initiatives including United Nations Convention against Corruption (UNCAC), International Association of Anti-Corruption Authorities (IAACA), etc. It has also been cooperating with member countries that have mutual legal assistance treaties and extradition treaties with Pakistan. Recently, the SAARC Anti-Corruption Forum was established with the NAB Chairman being nominated as its �rst Chairperson.

NAB’s Oversight and Accountability emerges out to be one of its strongest dimensions. The only weak area in this dimension is that the oversight has no external accountability mechanism present to monitor its actions. There have been instances in the past when the higher courts have been exercising their supervisory jurisdiction and power of jurisdiction review whenever NAB has transgressed its limits.

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NAB’s Oversight and Accountability

NAB’s Perceptions of E�ectivenessNAB’s Perception of E�ectiveness emerges out to be the weakest dimension. As compared to other anti-corruption organizations like Federal Investigation Agency and Provincial Anti-Corruption Departments, NAB is perceived to be more e�ective. However, con�dence of NAB’s treatment of persons under investigation in a digni�ed and respectful manner is low.

The score of the indicators are as follows:

1. NAB’s Legal basis, independence and Mandate (7 indicators) 71 % 2. NAB’s Financial and Human Resources (9 indicators) 67 % 3. NAB’s Detection and Investigation Function (9 indicators) 61 % 4. NAB’s Prevention, Education and Outreach Functions (9 indicators) 56 % 5. NAB’s Cooperation with other Organizations (5 indicators) 80 % 6. NAB’s Accountability and Oversight (4 indicators) 83 % 7. Public Perceptions of the NAB’s Performance (7 indicators) 50 %

Way ForwardBased on the gaps analyzed and the opportunities identi�ed as a result of the assessment of NAB, Transparency International, Pakistan recommends a number of strategic and practical recommendations for reform listed below and detailed in Section 4.

RecommendationsTwo sets of recommendations have been formulated. One set of recommendationsare for the Government and the other set is for NAB itself.

Recommendations for Government

Revision in the following clauses of National Accountability (NAO) should be made.

I. The clause of Article 6 of NAO 1999 should be revised to include wider range of options in terms of selection of Chairman NAB.

Recommendation 1

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Recommendation 2

1% of Gross Domestic Product (GDP) should be allocated to NAB

Recommendation 3

An Oversight Committee should be formulated to ensure accountability of NAB. After studying other common law jurisdictions, it is recommended that the committee may comprise of �ve judges of the Supreme Court headed by the Chief Justice.

Recommendation 4

Anti-Corruption should be included in the curriculum of the elementary, secondary and degree programs of educational institutions.

II. Revision in Article 25 (b) of the NAO should be made to include nominees of Chief Justice, Supreme Court of Pakistan and Provincial High Courts in the Conciliation Committee.

III. Article 31-C states: “No Court established under this Ordinance shall take cogni-zance of an o�ence against an o�cer or an employee of a bank or �nancial institution for writing o�, waving, restructuring or re�nancing any �nancial facility, inter-est or mark-up without prior approval of the State Bank of Pakistan. Court to take cogni-zance of o�ence with prior approval of the State Bank.” The article should be deleted as it provides protection to corrupt bank o�cials and businessmen and hence, increases corruption in the country.

IV. The provision of Voluntary Return should be eliminated as it is against Article 25 of the constitution “Equality of citizens”.

V. The option of Plea Bargain should only be exercised for approver/s in a transparent manner, only when the main accused in a corruption case can be prosecuted on the confession of the approver/s

Recommendations for NABRecommendation 1

NAB should increase collaboration with the media to encourage the public to report corruption and improve its public image.

Recommendation 2

NAB should make a thorough analysis of the entire chain of system to improve its conviction rate.

Recommendation 3

Prosecutors and investigating o�cers of NAB should receive training in recovery of assets stashed in o�shore companies/foreign countries, public procurement, banking and share trading.

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Recommendation 4

NAB should make full use of social media as a catalyst for public engagement.

Recommendation 5

NAB should ensure that its investigation procedures should be completely compliant with the basic rights of the citizens enshrined in Qanoon-e-Shahdat and the country’s constitution.

Recommendation 6

The timeline for inquiries should be in accordance with the provision in Ehtesab Act 1996 1996 which stipulates 60 days to dispose of a case.

Recommendation 7

NAB should deal with the accused and the witnesses in a digni�ed and respectful manner.

Recommendation 8

Precautionary measures need to ensure that the agency does not itself become a source for extortion and corruption by instilling the values of honesty and integrity into its culture

Recommendation 9

NAB should ensure that the reference prepared and successfully tried in the Accountability Courts should be upheld in all subsequent review petitions in High Courts and Supreme Court.

Indicators by Dimension-NAB Assessment

Transparency International (TI) is a global civil society organization combating corruption. Working collaboratively with its over 100 chapters across the world and partners in government, business and civil society, TI helps to raise awareness of thedetrimental impact of corruption and proposes measures to handle it.

The United Nations Convention against Corruption (UNCAC) prescribes the establishment of independent bodies through national legal systems to enforce, implement and promote anti-corruption policies and principles. A well-functioning oversight mechanism with a focus on anti-corruption is absolutely vital for good governance in any country. Today, there are more than 100 Anti-Corruption Agencies (ACAs) around the world, with 27 in the Asia Paci�c Region. However, across the world, a wide gap exists between the commitments displayed in establishing ACAs and the actual realization of their mandate.

TI embraces ACAs as natural partners in the �ght against corruption. With this in mind, Transparency International (TI) has embarked on a new project, the ‘Anti-Corruption Agency Strengthening Initiative’ aimed at strengthening the e�ectiveness of ACAs in the Asia Paci�c Region. TI strategizes to support institutions and uphold public sector integrity. Moreover, TI has developed diagnostic tools to measure strengths and weaknesses of ACAs so as to serve as a basis for sustained engagement, dialogue and advocacy. The ACA Strengthening Initiative shall act as a catalyst in kick-starting an informed discussion among ACAs, governments, anti-corruption stakeholders and the public about how to improve the performance of ACA at the regional and national level. TI model of assessment has been based on wide ranged collaborative e�ort of sta� of TI, TI chapters, regional and international experts and interested ACAs of the Asia Paci�c region through a series of discussions/workshops and consultations.

TI-Pakistan is a National Chapter of Transparency International, a civil society organization devoted to reduction of both international and national corrupt practices. Its key purpose is to �ght against corruption in business dealings and to curb corruption on a national level. TI-Pakistan is one of the National Chapters of Transparency International, based in Karachi. The venture was an initiative by a group of dedicated professionals who deemed it necessary to support the Government in combating corruption at public and private domains. TI-Pakistan was recognized as a chapter in-formation in February 2001. Formal agreements were signed between Transparency International-Secretariat and representative promoters of the Pakistan Chapter. It was accredited as a full National Chapter by Transparency International, Berlin on 25 October, 2005 and was reaccredited in October 2009 and 2014. The agreement con�rmed the establishment of Transparency International-Pakistan, as a National Chapter under the basic guidelines of Transparency International.

INTRODUCTION

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Between August and November 2016, TI- Pakistan, conducted an assessment of National Accountability Bureau (NAB), the Anti-Corruption Agency (ACA) of Pakistan. The assessment was aimed at identi�cation of strengths and weaknesses of NAB and development of recommendations for improvement of its performance. It further aimed to create a space for NAB to have a dialogue with government and the public to make its conduct highly accountable to its stakeholders. The assessment will be made available widely to the public and anti-corruption actors in the Asia Paci�c Region, stimulating debates on the subject. In the �rst phase, the process of assessment comprised document analysis, including review of NAB’s annual reports, its website, TI, Pakistan’s National Integrity System Report 2014 and media pieces. In the second phase, semi- structured interviews were conducted with the relevant stakeholders. Field work took place between August and September, 2016 followed by a focus group discussion with relevant stakeholders on October 1, 2016. Later, a draft report was shared �rst with NAB and later with the key stakeholders.

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ABOUT THE ASSESSMENT

DIMENSIONS OF ASSESSMENT

There are seven factors that in�uence or indicate an ACA’s performance: its legal basis, independence and mandate, its �nancial and human resources, its detection and investigation function, its prevention, education and outreach functions, its cooperation with other organizations, its accountability and oversight and public perception of NAB’s performance.

The details below show the number of indicators for each of the seven dimensions of NAB’s performance. 1. NAB’s Legal Basis, Independence and Mandate (Seven indicators) 2. NAB’s Financial and Human Resources (Nine indicators)

3. NAB’s Detection and Investigation Function (Nine indicators)

4. NAB’s Prevention, Education and Outreach Functions (Nine indicators)

5. NAB’s Cooperation with other Organizations (Five indicators)

6. NAB’s Accountability and Oversight (Four indicators) 7. Public Perceptions of NAB’s Performance (Seven indicators)

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Each indicator can be scored at three levels: high, medium and low. The indicator is classi�ed high if its overall score is between 67% and 100%, medium if its overall score is between 34% and 66% and low for an overall score between 0% and 33%.

To score each indicator the research team identi�ed the speci�c source of information, where necessary, from the ACC's legal basis of support and reports. The team further substantiated each score with in-depth interviews with the ACC's sta� and management, as well as interviews with other government agencies, branches of government, media and civil society organizations.

TI-Pakistan followed the steps as follows to score each indicator.

1. The desk review of available resources was employed

2. It was later substantiated with interviews with NAB’s Chairman, Deputy Chairman, Director Generals and other sta�.

3. A focus group discussion was later organized with relevant stakeholders including government o�cials, media organizations, civil society, research scholars and university students.

4. Separate interviews with government o�cials and media were also held.

The assessment report comprises four sections. Section One describes Pakistan’s policy context and its perceived level of corruption. Section Two presents NAB’s background and pro�le. The key �ndings of the research are presented in Section Three followed by conclusion and TI-Pakistan’s recommendations for improvement presented in Section Four.

Pakistan, a federal republic country, is one of the poorest and least developed countries in Asia. Its economy is agro-industrial based. The current population of Pakistan is 193,114,874 as of Sunday, July 31, 20161, based on the latest United Nations estimates with 38.6 % of the population being urban2. In 2015 its GDP per capita has risen by 4.24 percent3 to 1,460 US dollars. Its total land area is 770,998 Km2 (297,684 sq. miles).

The World Economic Forum's (WEF) Global Competitiveness Index (GCI) for the year 2015-2016 has ranked Pakistan at 126 out of 140 economies4 . The GDP per capita, though increased over the last 25 years is still lower than other middle income countries5.

As per a recent World Bank report, over the past two and a half years, Pakistan has focused on achieving economic stability after the implementation of reform agenda. However, its slim export bases and lack of e�cient and enabling trade policies are hindering its export competitiveness. The rate of in�ation that slowed down in the beginning of 2016 has once again begun to increase. The economic stability is not su�cient to generate jobs for the emerging workforce every year. A recent World Bank report states that 33% of the population lives below the poverty line6. The �ve most challenging factors for doing business in Pakistan during 2015-2016 are cited as corruption, tax rates, in�ation, access to �nancing and insu�cient government bureaucracy7. Corruption is cited as the most problematic among these factors.

Year 2016 records a remarkable growth in industrial and services sector while other key macroeconomic indicators like in�ation, �scal and current account balance recorded improvement. Mainly, the external sector has been stable on account of vigorous growth in workers’ remittances; continued �ows from International Financial Institutions; and a drop in global oil prices. This improvement in the external sector contributed to the exchange rate stability during the year. A stable outlook of in�ation and balance of payments encouraged the policymakers to implement pro-growth strategies.

The industrial sector during FY 2016 recorded a remarkable growth of 6.8 percent against the target of 6.4 percent and is all time high in eight years. The construction activities also recorded an impressive growth of 13.10 percent. It is foreseen that the construction related activities will gain further momentum on the back of increasing public sector development spending coupled with infrastructure and power sector development program under China Pakistan Economic Corridor8.

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1. PAKISTAN’S POLICY CONTEXT AND PERCEPTIONS OF CORRUPTION

ECONOMY

1 http://www.worldometers.info/ Accessed on August 1, 20162 ibid3 Pakistan GDP Growth Rate available at www.tradingeconomics.com/pakistan/gdp-growth Accessed on August 3, 20164 The Global Competitiveness Report 2015–2016 http://www3.weforum.org/docs/gcr/2015- 2016/Global_Competitiveness_Report_2015-2016.pdf5 ibid6 http://data.worldbank.org/country/pakistan Accessed on October 21, 20167 Pakistan Development Update From Stability to Prosperity Published : April 2016 documents.worldbank.org8 PAKISTAN ECONOMIC SURVEY 2015-16 http://www.�nance.gov.pk/survey/chapters_15/Overview_of_the_Economy.pdf

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The thrust for Pakistan’s next �ve years plan is to achieve growth, while maintaining macroeconomic stability and distributional equity and therefore, critical structural reforms are needed in many sectors and activities.

The private sector will be the main engine of economic growth and development in the proposed plan for the year 2016-2017. This will require a substantial revamping of the country’s governance system, its incentive structure and the functioning of institutions. The industrial competitiveness will be increased, and cost of doing business reduced by major improvements in infrastructure, institutional reforms and policy paradigm.

The services sector contributes more than 58 per cent to the GDP, and has emerged as major driver of the economic growth in the recent past. Half of the growth of this sector comes from security-related services or public spending. It is worth noting that the growth of the services sector might have been higher than recorded in the national accounts since much of this sector remains undocumented. There is still unexplored potential in key services such as domestic commerce, transport, �nance and insurance, communication, housing, tourism, and social and community services. The said sector will remain the pillar of the economy and signi�cantly contribute to the growth impetus. Important contributions are expected from the �nancial services, transport, communication and trade services. Appropriate measures designed to e�ectively harness the potential of this sector are the expected outcomes of the said �ve year plan.

9 Percentile rank indicates rank of a country among all countries in the world. 0 corresponds to lowest rank and 100

corresponds to highest rank

DIMENSIONS DATA DATA SOURCES Land area (in sq km)

998 Km2 (297,684 sq. miles).

http://www.worldometers.info/world-population/pakistan-population/ July 31,2016

Size of population 193,114,874 http://www.worldometers.info/world-population/pakistan-population/ July 31,2016

GDP per capita (US$)

1,460 US dollars http://www.worldometers.info/world-population/pakistan-population/ July 31,2016

Type of government federal republic http://www.state.gov/documents/organization/186685.pdf

Voice & accountability

-.76/2.5 27th Percentile9

http://info.worldbank.org/governance/wgi/index.aspx#home

Political stability -2.54/2.5 1st Percentile

http://info.worldbank.org/governance/wgi/index.aspx#home

Government effectiveness

-.66/2.5 27th Percentile

http://info.worldbank.org/governance/wgi/index.aspx#home

Rule of law -.79/2.5 24th Percentile

http://info.worldbank.org/governance/wgi/index.aspx#home

Control of corruption

-.76/2.5 24th Percentile

http://info.worldbank.org/governance/wgi/index.aspx#home

Table 1: Policy Context of Pakistan

The World Bank reports that Pakistan being located at a strategic place, the crossroads of South Asia, Central Asia, China and the Middle East, has a huge development potential10. However, the country faces security challenges at the borders that impede its potential economic growth. Large-scale manufacturing and construction activity in the �rst half of 2016, owing to the launch of China Pakistan Economic Corridor (CPEC) infrastructure and energy projects, is likely to make up for the obstacles to the agricultural sector. Furthermore, a rise in automobile retail sales, increased port activity, and higher telecom pro�ts promises �nancial stability11. In spite of these promising facts, Pakistan’s indicators on the 2015 Human Development Index (HDI) are lower than its neighboring countries with low scores in education, gender inequality, poverty and health. Pakistan’s overall ranking on HDI 2015 is 147 out of 188 countries. Its ranking is 121 out of 155 in gender inequality12, 180 out of 221 countries in education13 and 122 out of 191 countries in the world in health14.

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10 Pakistan Development Update From Stability to Prosperity Published : April 2016 documents.worldbank.org11 CPEC: Challenges and Opportunities for Pakistan pu.edu.pk/images/journal/studies/PDF-FILES/Artical-7_v16_2_2015.pd12 Pakistan - Human Development Reports - UNDP hdr.undp.org/sites/all/themes/hdr_theme/country-notes/PAK.pdf13 http://www.uis.unesco.org/Library/Documents/out-of-school-children-south-asia-study-2014-en.pdf14 http://www.who.int/gho/publications/world_health_statistics/2016/en/15 Bertelsmann Stiftung, BTI 2014 — Pakistan Country Report. Gütersloh: Bertelsmann Stiftung, 201416 ECP’s website, as of August 1st, 2013, http://ecp.gov.pk/Misc/ListPolPartiesWith addresses.pdf17 Chapter 1: Fundamental Rights [Articles 8-28], Chapter Constitution of Pakistan, 197318 Global Peace Index, 201619 State of Human Rights in 2013 http://www.hrcp-web.org/hrcpweb/report14/AR2013.pdf

POLITICS AND SOCIETYPakistan, the world’s second largest Muslim majority, has witnessed a fragile democracy and a constantly rising level of poverty since its inception in 1947. Military dictatorships, terrorism, sectarian violence, insurgency along the borders, “Talibanization” and repeated devastating �oods have been the cause of general discontentment among the masses. Its development has been hampered by complex bureaucracy, non-transparent investment and widespread corruption15.

Pakistan has a multiple political party system as there are 253 registered parties comprising left wing, right wing, secular, nationalist and liberal parties16. The political parties have not been able to evolve owing to repressive condition, repeated military coups and promotion of their own dynastical interests. Family based leaderships, caste based groups, local parochial, sectarian and constituency based patterns of politics are paramount in the country. Hence the political parties are not characterized by a strong structure and sound governance.

Human rights and freedom of speech, although guaranteed by Islamic Laws and the Constitution of Pakistan17, are constantly breached. The civil society of Pakistan su�ers at the hands of sectarian, ethnic, religious and linguistics splits.

Human rights are constantly being violated at the hands of pseudo religious groups. Protection to citizens including religious and ethnic minorities is not provided by the government. The country is ranked at 154/162 as per the Global Peace Index 2016 as being one of the most violent and unstable countries18. The parties in power have never been fully successful in controlling such mayhems. As reported by Human Rights Commission, 2013 Pakistan has the second highest number of out of school children aged �ve to nine, almost ten million children are engaged in child labor and the budget allocated to education was the 2nd lowest in South Asia19 .

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20 http://static.visionofhumanity.org/sites/default/�les/GPI%202016%20Report_2.pdf?21 http://www.tradingeconomics.com/pakistan/unemployment-rate22 Bertelsmann Stiftung, BTI 2014 — Pakistan Country Report. Gütersloh: Bertelsmann Stiftung, 2014 http://www.bti- project.org/�leadmin/�les/BTI/Downloads/Reports/2016/pdf/BTI_2016_Pakistan.pdf23 The Express Tribune, Nine in every 10 Pakistanis are anxious: Survey, Published August 24, 2013, http://tribune.com.pk/story/594483/nine-in-every-10-pakistanis-are-anxious-survey24 World Bank Institute (WBI), 2007, Report on Empowering the Marginalized: Case studies of Social Accountability Initiatives in Asia. Available at (http://siteresources.worldbank.org/EXTSOCACCDEMSIDEGOV/Resources/Empowering TheMarginalizedFinalVersion.pdf?resourceurlname=EmpoweringTheMarginalizedFin alVersion.pdf )

Socio-economically, Pakistan is a struggling country facing lack of basic facilities and services like jobs, health and education. Unemployment rate in Pakistan decreased to 5.90 percent in 201520 which does not re�ect the real picture as almost 80 % of the workforce is engaged in informal sector21. As reported, 0.02 % of Pakistan’s total population holds almost 40% of Pakistan’s total wealth. Hence, Pakistan faces a troubled economy resulting in low living standards and slow rate of growth. Such a lack of progress is because of the con�ict between civil society and the government, social and infrastructural damage to exports and critical shortage of electricity and gas. The urban fabric of the country is supported by self-help organizations such as Edhi Foundation, Citizen’s Police Liaison’s Committee, Women Action Forum and Lawyers for Civil rights, etc. However, the rural areas have very little access to such self sustained organizations. Moreover, these organizations also need to be more developed and self-su�cient in order to cater to the need of a bigger population22.

Ideally, the electoral process needs to be fair and transparent and the rule of law for socioeconomic progress should be upheld. This entails across the board accountability of all players which is imperative for good governance and strengthening political institutions. However, in reality, the vested interests of the political and ruling parties have not enabled the electoral system to be impartial. The last two elections of 2008 and 2013 have witnessed growing interest of the masses in democracy particularly of females and the youth. Also, the 2013 elections were relatively peaceful.

Considering the bleak scenario that the country currently has, majority of the citizens perceive that their economic condition has deteriorated and only a minority hopes that it will improve in near future. For most of them, the real big issues that the country faces like terrorism and security are not paramount as compared to the practical issues they face like unemployment, in�ation and poverty. A recent survey, titled, Anxiety Index Study-Global Report 2013 reports Pakistan as the most anxious nation out of those assessed. 92% of Pakistan’s citizens were reported to be very anxious about economic worries such as fuel prices. The said worries were the foremost whereas the increased security and terror threats were next in importance. Another survey has also reported traces of frustration, violence, anger, stress and mental problems in the masses23.

The need for accountability is paramount in Pakistan not only for the masses but also for the public o�ce-bearers and the service providers. The fact that social accountability in the country can serve as a catalyst to good governance was realized rather late by Pakistan24. Nevertheless, the concept was further supported in the last few years thanks to international donors, the civil society organizations and media that took the lead to apprise the public on the signi�cance of good governance.

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25 Social Accountability in Pakistan: Challenges, Gaps, Opportunities and the Way Forward, Fayyaz Yaseen, May 2013, Working Paper Sustainable Development Policy Institute (SDPI). # 133 https://sdpi.org/publications/�les/W-133.pdf26 Transparency International, Daily Lives and Corruption: Public Opinion in South Asia, 201127 Transparency International Pakistan, National Corruption Perception Survey, 200628 Pakistan Institute of Legislative Development And Transparency PILDAT, Citizens Report 5 Years of the 13th National Assembly of Pakistan, March 17, 2008-March 16, 2013,29 Transparency International, Corruption Perception Index 2016

The challenges to promote social accountability in Pakistan are pretty much similar to those faced by other South Asian countries. One of the most prominent of these challenges is the resistance of the state itself to reform. For example, after the declaration of Right to Information Act through a Presidential Ordinance, a CSO was denied the information on the basis that it will lead to political unrest in the country. There have been other similar instances too when the access to information is denied by the State itself. Weak/ no Implementation of Right to Information Act is yet another impediment to social accountability. After 14 years of the promulgation of Right to Information Ordinance (October 2002) and the incorporation of Article 19-A into the Constitution regarding right to information being the basic and fundamental rights of the citizens across Pakistan, the matching mechanism is yet to be worked out that may ensure public o�ces’ compliance to this new part of the Constitution. Another challenging impediment is centralized governance system.

LEVELS OF CORRUPTIONSince the time of inception when corruption was pointed out as a big menace, it has continued to remain a huge impediment for Pakistan in its way to growth and performance. A research conducted by Transparency International in 2010-2011 reported that the majority of the people of Pakistan perceive that the level of corruption has been on a constant rise. They further perceive the government as ine�ective in terms of its control. Members of Parliament, the wealthiest citizens of the country, avoid paying taxes which has resulted in Pakistan having one of the “lowest tax-to GDP ratios” in the world26. Corruption is pervasive in all domains of Pakistan, from politics to private and corporate sector. Its history re�ects governments being overthrown in the past owing to the charges of corruption. Unfortunately, the same governments came back to power and performed even worse with 30 to 40% increased level of perceived corruption27. The promulgation of National Reconciliation Ordinance (NRO) pushed back its e�orts against corruption by protecting corrupt leaders. Even after the revocation of NRO, things did not change much. The succeeding corrupt governments of 2008 and 2013 strengthened people’s lack of con�dence in their integrity and hence ine�ectiveness to control corruption28. In 2008, Pakistan's ranking in the Corruption Perception Index (CPI) was 134 out of 180 countries. Recently, in 2015-2016, its score has improved to 32 out of 100 and ranking to 116 out of 176 countries29.

The leading anti-corruption agency in the country has not been able to achieve its desired objectives. Although the need for better mechanisms for governance has been pointed out, no such mechanisms are formulated. It is surprising that besides the presence of laws such as Pakistan Penal Code (PPC), the Prevention of Corruption Act, and the National Accountability Ordinance as well as institutional mechanisms like the constitutional o�ce of the Auditor-General of Pakistan supported by Public Accounts Committee of the National Assembly, public procurement regulatory

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30 Anti-Corruption Mechanisms and Institutions to Address the Problem of Corruption in Pakistan, Published: December 2015, http://www.pildat.org/Publications/publication/FP/Anti- Corruption_MechanismsandInstitutionstoAddresstheProblemofCorruptioninPakistan_BackgroundPaper.pdf31 Anti-Corruption Mechanisms and Institutions to Address the Problem of Corruption in Pakistan, Published: December 2015, http://www.pildat.org/Publications/publication/FP32 Transparency International, Corruption Perception Index 201633 The Global Competitiveness Report 2014–2015, http://www3.weforum.org/docs/WEF_GlobalCompetitivenessReport_2014-15.pdf

authority, o�ces of the Federal and Provincial Ombudsmen, National Accountability Bureau (NAB), the Federal Investigating Agency (FIA) and Provincial Anti-Corruption establishments, the country su�ers at the hands of a high degree of corruption.

The PILDAT survey conducted in 2015 reports citizens’ mistrust in these mechanisms. Moreover, the survey further reports that the people do not consider corruption as a main issue of the society in the country since energy crisis, unemployment, poverty and other issues are perceived as huge. Selection and decisions on merit are substantially supported by the citizens but when it comes to their own vested interests, they tend to ignore merit. The country faces corruption not only at the individual but also at the institutional level. Institutions such as the police, tax administrations, and the subordinate judiciary contribute immensely to the dismal picture30.

Table 2: Perception of Corruption in Three Global Indicators, 2015-2016

Indicators Rank/ScoreCPI 2016 (Transparency International) Rank 116/176 Score 32/100Control of Corruption (World Bank)Irregular Payments and Bribes (World Economic Forum)

-0.76/2.5 24th Percentile2.9/7 123 out of 144

What is encouraging is the recent freedom of both the electronic media and the social media that has become instrumental in revealing corruption. Furthermore, the Right to Information Laws being enacted by the Federation and the Provinces under the aegis of Article 19A of the constitution is yet another ray of hope31.

The Corruption Perceptions Index (CPI) 2016, has ranked Pakistan 116/176 with a score of 32 out of 100. This is the highest ranking Pakistan has received since the inception of CPI 199532. World Economic Forum’s WEF Global Competitiveness Report (GCR) 2014-15 has ranked the country as the third least safe place in the world due to its security situation. Of the 144 nations surveyed in the report, Pakistan is ranked 142 out of 144 nations. The ranking has remained basically the same since last year. Other factors impeding competiveness besides security are insu�cient infra-structure, political stability and ine�cient government, ine�cient labor market, technological readiness and lack of female participation in labor market33.

34 Transparency International Pakistan, National Integrity System, Country Report 201435 National Accountability Bureau, Annual Report 2015 pp.2336 Anti-Corruption Mechanisms and Institutions to Address the Problem of Corruption in Pakistan, Published: December 2015, http://www.pildat.org/Publications/publication/FP/Anti-37 National Anti-Corruption Strategy (NACS), Islamabad, Pakistan 2002, pp. 238 Anti-Corruption Mechanisms and Institutions to Address the Problem of Corruption in Pakistan, Published: December 2015, http://www.pildat.org/Publications/publication/FP/Anti-39 Interview with NAB O�cials

2. INSTITUTIONAL BACKGROUND AND PROFILE OF NATIONAL ACCOUNTABILITY BUREAU

Pakistan has been striving to combat corruption since its independence. Originally, corruption cases were handled under the Pakistan Penal Code, 1860 and the Prevention of Corruption Act, 1947 by its enforcement agency called the Special Police Establishment which was later replaced by the Federal Investigation Committee. Ehtesab (Accountability) Bureau, created under the Ehtesab Act 1997 was not successful in yielding the desired results and was replaced by National Accountability Bureau (NAB) after the military coup in 1999. NAB, the apex Anti-corruption Agency of Pakistan, was established with the promulgation of National Accountability Ordinance 199934.

NAB aims at elimination of corruption from the very fabric of the country. Its exclusive jurisdiction covers both public and private sector corruption including misappropriation of authority, cheating public at large, bank loan evasion, money laundering, unexplained assets, etc. It is empowered by NAO 1999 to identify, scrutinize and prosecute cases involving corrupt practices as well as to raise awareness of the masses on detrimental impact of corruption. Its jurisdiction encompasses the entire country. It operates through a head o�ce in the capital and seven branches in the main cities of the country35.

Since its foundation, NAB has recovered billions of rupees from corrupt individuals and institutions36. NAB conceived the idea of framing National Anti-Corruption Strategy (NACS) in 2002, after an elaborative consultation process. All stakeholders, including academia, business community, public sector and civil society were involved and participated in the formulation of the strategy37. Year of 2015 is titled as the “Year of transformation” for NAB as it introduced structural reforms under its Monitoring & Evaluation System38. NAB operates on a functional budget allocated by Ministry of Finance Pakistan. In year 2013, Rs. 2,165.983 million were allocated to NAB while in 2016, Rs.2,896.196 million have been allocated39. The budget over the years is given below:

Year Budget in Billion Rs 2013-14 2.166 2014-15 2.209 2015-16 2.896

Table 3: NAB’s Budget

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Even though the budget is less than 0.10% of the country’s budget, NAB �nds the budget su�cient to carry out its activities.

NAB’s strong and independent legal status gives it independence in terms of its functions, authority and jurisdiction. It overrides all other laws and its operation extends to the whole of Pakistan and applies to all persons, public or private. It is authorized to investigate complaints that include any act as o�ence and take immediate actions under the ordinance 1999 against anyone involved in the o�ence. NAB has its own policies and rules regarding recruitment and selection. The Chairman is authorized to determine the salaries, allowances and other terms and conditions of service of the o�cers and sta�, with the approval of the president. Though formally independent, NAB has had its share of countering external pressures. NAB has been facing allegations of being a partisan agency used for political victimization by the government40.

VISION41

The National Accountability Bureau envisions being a credible, e�ective, e�cient and dynamic anti-corruption organization creating an enabling environment for a corrupt free society by engaging all stakeholders in its �ght against corruption through a programe which is holistic, inclusive and progressive.

MISSION

To eliminate corruption through a comprehensive approach encompassing enforcement, prosecution, awareness and prevention. To rejuvenate the government bodies, enhancing their capability for e�cient stewardship of public resources To establish an anti-corruption legal framework, that provides a broad and solid mechanism across the board To increase awareness and prevent corruption in society through advocacy and education

MANDATE

NAB derives its legal mandate from National Accountability Ordinance, 1999 which authorizes the Bureau:

To take cognizance of acts constituting o�ences of corruption and corrupt practices, eradication of corruption and corrupt practices and hold accountable accused persons and matters ancillary thereto. To provide e�ective measures for detection, investigation, prosecution and speedy disposal of cases involving corruption, corrupt practices, misuse of authority,

40 Transparency International, Pakistan National Integrity System, Country Report 201441 National Accountability Bureau, Annual Report 2015 pp.19

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42 Ibid pp.1543 Ibid pp. 1544 National Accountability Ordinance 1999

misappropriation of property, taking of kickbacks, commissions and for matter connected and ancillary or incidental thereto.

OBJECTIVES

Short Term: Setting in motion systemic improvements that will strengthen the national integrity system and the people against corruption. Long Term: The elimination of corruption by engaging all the stakeholders in the �ght against corruption, through a program, which is holistic, comprehensive and progressive42.

NAB’s management focuses on planning / realigning its systems in view of evolving challenges brought forth in the wake of new realities and expects perseverance and un�inching commitment from all ranks and cadres of the organization.

In the year 2015, NAB has successfully utilized advanced technologies in optimiza-tion of its manual procedures. Its Monitoring and Evaluation System (MES) provided much needed support to all tiers of supervisory management in discharge of their responsibilities. MES is an interactive online system developed to enhance the operational, monitoring and evaluation capabilities of the Bureau.

An Internal Accountability Mechanism (IAM) is now in place within NAB with a view to combat ine�ciency, misconduct, malpractice and violation of laid down SOPs/Rules that are a threat to its credibility43.

RESOURCES

The National Accountability Bureau is an independent federal executive bureau of the Government of Pakistan and as such enjoys wide �nancial autonomy. Financial authority of NAB lies with its Chairman, who is responsible for the expenditure incurred against the budget grant. Not only does NAB have budgetary resources, but it also has the authority to retain a certain percentage from the recoveries it makes under Voluntary Return (VR) and Plea Bargain (PB). The Chairman is empowered to determine the amounts of recovery from the accused under Voluntary Return and Plea Bargain44. Employees at NAB have su�cient expertise to carry out their regular duties. It has a Training & Evaluation Wing (T&E) which plans continuous training at national and foreign institutes. Curriculum of training is designed to meet the requirement of investigation of complicated white collar crime/ corruption and corrupt practices. Furthermore, experts from di�erent areas are attached and made partof combined investigation team for opinion during investigation.

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STRUCTURE 45

Hierarchical Structure of NAB

The bureau is headed by the Chairman. The Prosecutor General of Accountability (PGA) is another principal o�cer. Next in hierarchy is the Deputy Chairman. NAB’s operations are spread over six divisions: Awareness & Prevention (A&P), Training & Research (T&R), Operations, Head Quarter (HQ), Prosecution and Human Resource Management (HRM).

Jurisdiction of NAB under NAO extends to the whole of Pakistan. At present, it is operating through the Headquarters at Islamabad and seven regional o�ces at Lahore, Karachi, Quetta, Peshawar, Rawalpindi, Multan and Sukkur respectively. Each regional o�ce is headed by a Director General.

During the year 2015, 110 new o�cers were appointed in NAB after a transparent recruitment process. These o�cers underwent an extensive training program organized at Police Academy Sihala by the Training & Recruitment Division of NAB before joining the �eld formations of the Bureau.

45 NAB websiteAnt

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PREVENTION, EDUCATION AND OUTREACH 46

NAB organizes a wide range programs and activities under its Prevention, Education and Outreach wing to increase awareness about the detrimental e�ects of corruption and corrupt practices. Under section 33-C (a) and (b) of NAO, it is the duty of the Bureau to educate and advise public authorities, holders of public o�ce and the community at large on measures to combat corruption and corrupt practices through media campaign and educational programs. NAB organizes activities such as seminars, workshops, lectures and other educational competitions for awareness against corruption.

Its prevention operations involve examination of the system and procedures of administration and stopping the corruption from happening through a mechanism of timely intervention which enables NAB to strengthen the regulatory mechanism of federal and provincial governments for transparency, meritocracy, fair play and compliance of relevant laws. The prevention operations include Public Project Evaluation as under the provisions of Section 33B, NAB has been entrusted with the responsibility to evaluate all mega contracts worth Rs.50 million or more.

Under the mandate of Section 33-C of NAO, Prevention Committees are constituted for reformation in the regulatory mechanism. The mandate is to look into the rules and regulations of provincial as well as federal departments and suggest doable recommendations in coordination with the concerned department. Director Generals (DGs) Conferences are held under the chairmanship of the Chairman to discuss performance of the Bureau and its Regional o�ces. Challenges faced by NAB, shift in focus and strategy, improvements in infrastructure & human resource matters, e�orts in creating enabling environment for workforce, incentives and opportunities for personal & professional growth and endeavor to transform NAB into an e�ective organization, the strengthening of the national integrity system are the topics discussed at these conferences. Measures to engage all stakeholders in the �ght against corruption are also �nalized.

An extensive public outreach program is carried out each �nancial year that includes formulation of prevention plans at federal as well as provincial level, initiation of several corruption prevention initiatives and constitution of character building societies to enhance awareness through education.

During 2015, NAB’s has also started extensive Awareness & Prevention Campaign to spread the message to general public about the nuisance of corruption. Under its hands-on approach, it has been engaging di�erent Government and Non-Governmental Organizations and civil society in �ght against corruption. NAB anticipates that joint e�orts of all stakeholders will help to check corruption and corrupt practices. Awareness and Media campaign on "Say No to Corruption” is becoming more e�ective and popular. Its awareness campaign through TV & Radio Programs, Walks, Lectures, Seminars / Workshops, Advertisements in leading English & Urdu newspapers, Banners &

46 National Accountability Bureau, Annual Report 2015 pp 4 -116

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47 National Accountability Bureau, Annual Report 2015 pp 5-115

Billboards, Newsletters, Essay Writing, Declamation, Poster and Painting Competitions at national level. NAB is extensively broadening the scope of its Prevention Operations to bring in greater transparency in governance and reduce the incidences of corruption.

International Anti-Corruption day is observed on 9th December every year all over the world. On this occasion, NAB has recently in collaboration with Asian Develop-ment Bank (ADB) organized a seminar on the topic “Say No to Corruption for Good Governance and Prosperous Pakistan”. Director General Awareness and Prevention, NAB, visit di�erent schools, institutions and universities of the country for delivering lectures on “Role of youth / students in prevention of corruption and Say No to Corruption and delivers talks on the impact of NAB’s Anti-Corruption Awareness Campaign with special focus on female students (future mothers /wives).

Six Prevention Committees have been established at HQ level in 2015. The recommendations of three such committees i.e. Prevention Committee on Ministry of Religious A�air (MORA), Prevention Committee on Tax Evasion, and Health A�airs have been �nalized while work on the remaining three is in full swing.

Awareness & Prevention Division has enforced Section 33-B of the National Accountability Ordinance (NAO), and under that enforcement, it has in its possession each and every detail of all mega and other projects undertaken by the Federal and Provincial governments. It is due to the Meeting of Prevention Committee on Health A�airs e�orts of A&P Division that now majority of the Federal/Provincial o�ces are reporting their contracts and tender processes to the Bureau.

NAB’s prevention & awareness initiatives are taken across the country through its sub o�ces and the above mentioned examples are only one of the many such ventures it takes up throughout the year47.

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3. KEY FINDINGSThe main �ndings of the assessment are based on a set of 50 indicators divided into seven di�erent dimensions (see above Table). These indicators are designed to assess the capacity and e�ectiveness of the ACA, and to identify gaps and areas of opportunity. Each indicator has been assigned one of three possible scores – high (3), moderate (2) and low (1), based on the level of standards set for each of the indicators. For a clear understanding of the dimensions as well as the overall score, it has been classi�ed into three categories – ‘high’ for an overall score between 67% and 100%, ‘moderate’ for an overall score between 34% – 66%, and ‘low’ for an overall score between 0% - 33%.

In order to arrive at the aggregate score for each dimension, the scores were converted from the 1-3 scale to a 0-2 scale. Thus, all (1) scores become (0), all (2) scores become (1) and all (3) scores become (2). This was done because when aggregating the scores and converting them to percentages the bottom of the scale must always be 0. If we were to use the 1-3 scale then the lowest possible score for any dimension would be 33% (i.e. 1/3). Once the scores were converted from the 1-3 scale to the 0-2 scale, scores obtained by each of the indicators of a dimension were added up and then divided by total of maximum possible scores for all indicators under that dimension and then multiplied by 100. For example, the sum of the indicators under the �rst dimension (Legal basis, independence and mandate) was 10 (5 indicators received the maximum score of 2 and 2 indicators received the minimum score of 0). The maximum total possible score for that dimension is 14 (i.e. 7 indicators X the maximum possible score of 2 for each). Thus the �nal aggregate score (percentage) for that dimension was: 12/14 X 100 = 71.43%.

NAB has scored high in 49 per cent of the indicators assessed, moderate in 33 percent, and low in 18 per cent of the indicators assessed. The �ndings indicate that two dimensions emerge out to be strong in NAB’s assessment: its Cooperation with other Organizations and Oversight and Accountability. NAB’s Perceptions of E�ectiveness is its weakest dimension scoring the lowest ranking.

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Table 4: Scores by Indicators

Indicators Scored at High Level

1. NAB’s Independence2. Mandate3. Legal Powers4. Appointment of Commissioner 5. Removal of Commissioner6. Budget Su�ciency7. Sta� Salary8. NAB’s Selection Criteria for Personnel9. Sta� Stability10. Responsiveness to Corruption Complaints11. Initiation of Complaints on its Own12. Willingness to Investigate In�uential Persons13. Role in Restitution, Asset Recovery, Freezing and Con�scation14. Budget for Prevention, Education and Outreach15. Corruption Prevention Initiatives16. Awareness Campaigns17. Government Support for Prosecution of Corruption Cases18. Cooperation with Other Agencies19. International Participation20. Information provided in and Accessibility of NAB’s Annual Report21. Outcome of complaints against NAB or its personal22. Support from GovernmentA

nti-

Cor

rupt

ion

Age

ncy

Str

engt

heni

ng I

niti

ativ

e 2

01

6

34

Indicators Scoring at Moderate Level

1. Security and Stability of NAB’s Budget2. Expertise of NAB’s Personnel in Investigation 3. Expertise of NAB’s Personnel in Corruption Prevention and Education4. Training of its Personnel5. Number of Cases Investigated 6. E�ciency and Professionalism of Corruption Investigations7. Average Conviction Rate of Corruption Cases Investigated8. NAB’s Plan for Prevention and Education9. Collaboration with Other Stakeholders in Prevention, Education and Outreach Activities10. Use of its Website and Social Media 11. Cooperation with CSOs and Private Sector12. Collaboration with other countries’ ACAs13. Internal Complaints Procedure14. Con�dence in its Adherence to Due Process, Impartiality, and Fairness in Using its Powers15. Con�dence in NAB’s e�ectiveness in corruption control

Indicators Scored at the Low Level

1. NAB’s Operational Autonomy2. Government’s Reliance on NAB to Use Corruption as a Weapon against Political Opponents3. Proportion of NAB’s Budget to Total Government Budget4. NAB’s Accessibility to Corruption Complainants/Informants, including Public and Whistle- Blowers5. Identi�cation of Gender in Compiling Corruption Complaints and Monitoring Corruption Trends 6. System Reviews7. Research8. Con�dence in NAB's Digni�ed and Respectful Treatment of Persons under Investigation

The indicators that could not be rated and the reasons for not being able to rate them are as follows:

The indicator for Frequency of including corruption prevention recommendations in NAB’s investigation reports could not be rated as recommendations are not a part of NAB’s investigations.

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No external accountability mechanism exists to monitor NAB’s actions; therefore, the indicator for NAB’s oversight mechanism could not be rated.

In addition, three indicators in the dimension of public perception(public perception of adherence to due process, impartiality and fairness in its use of powers control among persons with direct contact with NAB, public perception of NAB’s e�ective-ness in corruption control among persons with direct contact with NAB and its e�ectiveness in dealing with females who were in direct contact with NAB) could not be rated as the research team could meet only a few persons having direct contact with NAB. The sample was too small to generalize the response. Moreover, the views of the accused persons may be biased and may not re�ect NAB’s actual e�ectiveness.

Table 4 presents a summary of all indicators by dimension; Indicators which scored high are colored green, indicators which scored moderate are colored yellow and indicators scoring low are red. The indicators colored grey are not scored, because there was insu�cient information to score them. The in-depth assessment of each score and its basis are presented in Table 5, which presents details of the sources and information justifying each score.

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HIG

H SC

ORE

Gr

een

MO

DERA

TE S

CORE

Ye

llow

LO

W S

CORE

Re

d SC

ORI

NG

NO

T PO

SSIB

LE

Grey

Scor

ing

Key:

Tabl

e 4

Ass

essm

ent S

umm

ary:

Indi

cato

rs b

y D

imen

sion

(mor

e de

tail

prov

ided

in s

ecti

on 3

)

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Dim

ensi

on

LEGA

L BA

SIS,

IN

DEPE

NDE

NCE

AN

D M

ANDA

TE (7

) In

depe

nden

ce

Man

date

Le

gal p

ower

s Ap

poin

tmen

t of

Com

miss

ione

rs

Rem

oval

of

Com

miss

ione

rs

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nal

auto

nom

y

Politi

cal u

se o

f po

wer

by

Gove

rnm

ent

FINA

NCIA

L AN

D HU

MAN

RE

SOUR

CES (

9)

Budg

et

prop

ortio

n of

go

vern

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Budg

et

suffi

cien

cy

Budg

et st

abili

ty

Staff

sala

ry

Staff

sele

ction

St

aff e

xpertis

e (In

vesti

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n)

Staff

exp

ertis

e (p

reve

ntion

) St

aff T

rain

ing

Staff

stab

ility

DETE

CTIO

N A

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INVE

STIG

ATIO

N

(9)

Acce

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Re

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ess

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ingn

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o in

itiat

e co

mpl

aint

s

Case

s

Inve

stiga

ted

Effici

ency

&

prof

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nalis

m

Conv

ictio

n ra

te

Inve

stigatio

n of

influ

entia

l per

sons

Rest

itutio

n an

d

asse

t rec

over

y

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plai

nant

s by

gen

der

PREV

ENTI

ON

, ED

UCA

TIO

N A

ND

OU

TREA

CH (9

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Budg

et

allo

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even

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initi

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s Sy

stem

/Age

ncy

revi

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Prev

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n re

com

men

datio

ns

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reac

h an

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ucati

on p

lans

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ders

en

gage

men

t

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on

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use

of W

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med

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STAT

E SU

PPO

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INTE

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CO

OPE

RATI

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(5)

Gove

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Supp

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oth

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agen

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Coop

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co

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ACA

s

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(4)

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port

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Co

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aint

s Pr

oced

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Staff

disc

iplin

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or d

ismiss

al

PERC

EPTI

ON

S OF

EFFE

CTIV

ENES

S (7

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Gove

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givi

ng

adeq

uate

po

wer

s

Adhe

renc

e to

du

e pr

oces

s,

impa

rtial

ity,

and

fairn

ess i

n us

e of

pow

er

Adhe

renc

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du

e pr

oces

s in

use

of p

ower

am

ong

thos

e ha

ving

dire

ct

cont

act

Confi

denc

e in

di

gnifi

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trea

tmen

t of

pers

ons u

nder

in

vesti

gatio

n

Effectiv

enes

s in

corr

uptio

n co

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l

Effe

ctiv

enes

s in

cor

rupt

ion

cont

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mon

g pe

rson

s with

di

rect

con

tact

Effectiv

enes

s in

deal

ing

with

fe

mal

es in

dire

ct

cont

act

If we break down areas of opportunity by dimension, we �nd the following:

NAB’s LEGAL BASIS, INDEPENDENCE AND MANDATE

NAB re�ects its strength under the dimension of legal basis, independence and mandate. It is a legally independent unit under the aegis of the National Accountability Ordinance-1999 and its scope of work involves education, detection, investigation and prosecution of cases involving corrupt practices48. Its sole objective being eradication of corruption from society through an extensive strategy. It enjoys extensive powers to investigate, arrest and prosecute; examine suspect’s bank accounts, safe deposit boxes, income tax records and property; search and entry of premises, etc49.

The Chairman is appointed by the President with the mutual consent of Leader of the House and Leader of the Opposition. Appointment of the Chairman is rated high as s/he is appointed for a �xed term of four years and can only be removed on the grounds that necessitate removal of a judge of Supreme Court of the country50.

The shortfalls in the �rst dimension are lack of freedom in practice due to political pressures. As per NAB’s law, it is an autonomous and impartial organization. However, in practice, NAB is not free from political pressures. The relevant stakeholders consulted for the research shared that the political interference a�ects NAB’s credibility in terms of its impartiality. There have been instances of in�uential persons not convicted. NAB is alleged of being a partisan agency used for political victimization by the government51.

Furthermore, media reports re�ect many instances where the political elite have repeatedly attempted to use NAB as a device to victimize opponents, and sanctify their own actions52, 53, 54. Discussion with relevant stakeholders also reported such political victimization by the government55.

NAB’S FINANCIAL AND HUMAN RESOURCES

The major shortfall under the dimension of �nancial resources is the average proportion of NAB’s budget to total government budget for past 3 years. A comparison of the said budgets re�ects that the proportion of budget in the last three years has been below 0.10% of the country’s total budget56. However, as per NAB’s expectations and �nancial needs, the revenue is su�cient to carry out the activities as it also gets a percentage of the amount recovered from Voluntary Return and Plea Bargain. In addition, 100% of budget request is approved every year57.

48 National Accountability Bureau available at http://www.nab.gov.pk/ Accesses on August 2, 201649 Transparency International, Pakistan National Integrity System, Country Report 2014, pp. 16450 Ibid pp. 16551 Ibid pp. 16052 Nab Not Alone, FIA Doing Same Too: Zardari Tells Nawaz, http://www.suchtv.pk/pakistan/general/item/33682- nab-not-alone-�a-doing-same-too-zardari-tells-nawaz.html53 Fearing accountability http://nation.com.pk/columns/21-Feb-2016/fearing-accountability54 NAB refuses to become ‘puppet’ at Saad Ra�que’s hands in Lahore’s Royal Palm case, sticks to its previous probe http://www.pakdestiny.com/nab-refuses-become-puppet-saad-ra�ques-hands-lahores-royal-palm-case-sticks- previous-probe/55 Focus Group Discussion56 http://www.pkrevenue.com/category/budget-2015-16/Accessed on September 2, 201657 Interview of NAB O�cials on August 20, 2016

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Another area scored at the moderate level is security and stability of NAB’s budget during past three years. Although NAB’s budget has not been reduced except for one year, there is no formal guarantee of �scal stability as there are uneven trends in budget grants in the past few years58, 59.

All areas in human resources have been rated either high or moderate. NAB’s selection criterion is rated as high as it follows a strict procedure laid out by its Recruitment & Selection Committee. At the initial stage, candidates are short listed from thousands of applicants. The salaries of NAB’s personnel are competitive in terms of the market. Extra bene�t in the form of hardship allowance and double salary as compared to similar positions in other government departments is admissible to NAB Employees60.

NAB employees have su�cient expertise to carry out their duties. Its training wing engages them in continuous training. Ample training opportunities are provided to its personnel. An annual training plan was chalked out and implemented in 2015. Curriculum of training is designed to meet the requirement of investigation of complicated white collar crime/ corruption and corrupt practices. However, there is a need to train them in other areas such as asset recovery of proceeds stashed in o�shore companies/foreign countries, public procurement, share trading and banking crime. At present, NAB has to acquire the said expertise from various other public organizations which are corrupt themselves61. Another strong area under human resources dimension is the low turnover and resignation rate which is about 5% per year62.

NAB’S DETECTION AND INVESTIGATION FUNCTION

The major shortfall that appears in this dimension is the low number of complaints lodged as less than one percent complaints are lodged relative to population63. In addition, there is a sense of fear and experience of harassment among the general public when it comes to lodging a complaint with NAB. Past instances show that the complainants themselves have been accused of the o�ence. Perhaps this is the reason behind the low con�dence of the general public in the e�ectiveness of NAB. The recommendations to counter this are outlined in the next section.

The number of cases under trial, cases pending convictions and acquittals are available at http://www.nab.gov.pk/Reference/CourtCasesData.pdf )

58 National Accountability Bureau Budget, Accessed on August 5, 2016, http://www.dawn.com/ ac59 PIDLAT Report Score card: Federal Government of Pakistan: Assessment of the quality of Governance http://epaper.brecorder.com/60 Interview of NAB O�cials on August 20, 201661 Focus Group Discussion62 Interview of NAB O�cials on August 20, 201663 NAB Annual Report 2015 pp. 60

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With regards to NAB’s responsiveness to complaints, it is rated high based on the large number of complaints investigated in the last three years. It has intervened in and scrutinized several projects worth billions of rupees. Complaints are also initiated on the information provided to NAB by other individuals and organizations. NAB initiates complaints on its own as and when required. NAB is rated moderately in terms of number of cases investigated as between 300 to 800 cases annually have been investigated by NAB during past three years64. Moreover, the working of NAB in terms of e�ciency and professionalism of corruption is rated as moderate. As per NAB’s Standard Operating Procedure (SOP), timelines have been prescribed for e�cient, e�ective and expeditious disposal of cases putting a maximum limit of 10 months- from complaint veri�cation-to-inquiry-to-investigation and �nally to a reference in the Accountability Court65. However, long delays on part of NAB in the processing of complaints and cases are a matter of concern.

Majority of the accused still go scot free. Recommendations to improve on this dimension are outlined in the next section.

NAB has levied charges against some high pro�le politicians and government o�cials and in certain cases recovered the embezzled money. A number of former high o�cials have been penalized over the years.

NAB takes cognizance of cases of corruption and corrupt practices of public o�ce holders, bank defaulters, etc. who are in�uential persons having administrative and �nancial authorities66. However, no high pro�le politician has been prosecuted yet67.

In addition, NAB’s role in restitution, asset recovery, freezing and con�scation is rated high. As soon as a NAB inquiry is approved by the Chairman NAB to be converted into investigation, the property/assets involved in the corruption case are frozen until the case is �nalized by the Accountability Court68.

Special care is taken while handling the cases that involve accused females. The procedure is clearly de�ned in the criminal procedure code which is strictly adopted while investigating or during custody of accused females. However, NAB does not collect gender sensitive demographic information69.

NAB’S PREVENTION, EDUCATION AND OUTREACH FUNCTIONS

Under the dimension of prevention, education and outreach, the strong areas rated as high are as follows:

64 NAB Annual Report 2015 pp. 6165 www.nab.gov.pk/PRESS/NEW.ASP?125966 http://www.nab.gov.pk/Downloads/Case_studies/noorulhaq.pdf67 Masood Khan, Niaz A. Shah Kakakhel, Melvin J Dubnick, Prosecuting Corruption: The Case of Pakistan, Working Paper for the Ethics Forum held by the American Society for Public Administration, Portland, 26-27 March, 2004, http://unpan1.un.org/intra 68 Interview of NAB O�cials on August 20, 201669 Ibid

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10% of NAB’s budget outlay is devoted to awareness and prevention which is rated as high70. An extensive public outreach program is carried out each �nancial year that includes formulation of prevention plans at federal as well as provincial level, initiation of several corruption prevention initiatives, and constitution of character building societies to enhance awareness through education and character building71.

Other such examples are celebration of UN anti-corruption day, seminars, walks, academic competitions, media campaigns including radio TV and newspapers, documentaries, the slogan of “Say No to Corruption” on utility bills, Automated Teller Machines (ATMs), procurement advertisements and banners and standees put up at prominent places.

The level of NAB’s collaboration with other stakeholders has been rated as moderate. It has held conferences in collaboration with academia, intelligentsia, NGOs and public. It is also collaborating with the provincial governments and PPRA for prevention72.

The website shares press clippings and disseminates information about NAB’s activities, inquiries, recoveries and cases (without dates). NAB’s Annual report of only current year is available on the website and the reports of the previous years are removed73. NAB’s Facebook page is not very active. There is a gap of two years in terms of posts74. Only a few independent research studies have been conducted by NAB. NAB chalks out a comprehensive s plan for prevention and education.

Only a few reviews of other government organization’s procedural systems have been conducted and recommendations forwarded to those organizations75. Hence it is rated low. As the number of research studies conducted by NAB in the past three years are few. Therefore the indicator is rated low.

Recommendations are not a part of NAB’s investigations76. Therefore, this indicator cannot be rated.

NAB’S COOPERATION WITH OTHER ORGANIZATIONS

NAB’s Cooperation with other organizations is one of its strongest dimensions. In terms of Government support to NAB for prosecution of corruption cases, it is observed that the Prosecutor General of NAB is head of its Prosecution Division. He is assisted by the Team of Legal Experts & public prosecutors all over the country and has close coordination with Attorney General and Advocate General during prosecution of corruption cases, when question of law arises.

70 NAB Report 2014 pp. 8371 Ibid pp. 8372 Ibid pp. 75-11573 http://www.nab.gov.pk/ Accessed on September 22, 201674 https://www.facebook.com/Nationalaccountabilitybureau/?fref=ts75 Interview with NAB O�cials on August 20, 201676 Ibid

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As per Clause 19 of National Accountability Ordinance “the Chairman NAB may call for information from any person for the purpose of satisfying himself, require any person to produce or deliver any document or thing useful or relevant to the inquiry, examine any person acquainted with the facts and circumstances, require any bank or �nancial institution, notwithstanding anything contained in any other law for the time being in force, to provide any information relating to any person. In addition, NAB may seek the aid and assistance of any [Government] agency and the information so collected may be used as evidence in the trial77.”

There are two anti-corruption agencies at federal level: One is National Accountability Bureau (NAB) and the other is Federal Investigation Agency (FIA). In addition, one anti-corruption establishment exists in each province. Chairman of NAB has the power to seek full and complete assistance from any department of the federal and provincial government and institution or department in the public sector or the private sector. The responsibility for inquiry into and investigation of an o�ence of corruption and corrupt practices shall rest on NAB to the exclusion of any other agency or authority, unless any such agency or authority is required to do so by the Chairman78.

TI-Pakistan provides its input regarding corruption committed within the country. NAB collaborates with a wide range of international anti-corruption organizations and initiatives including United Nations Convention against Corruption (UNCAC), International Association of Anti-Corruption Authorities (IAACA), etc. It has also been cooperating with member countries with which Pakistan has mutual legal assistance treaties and extradition treaties.

NAB’s OVERSIGHT AND ACCOUNTABILITY

NAB’s Oversight and Accountability emerges out to be one of the strongest dimensions. NAB submits an annual report with comprehensive information on its work throughout the year to the President of Pakistan. The said report is easily accessible to the public and is also available on NAB’s website79.

No external accountability mechanism is present to monitor its actions. Therefore, the indicator could not be rated. There have been instances in the past when the higher courts have been exercising their supervisory jurisdiction and power of jurisdiction review whenever NAB has transgressed its limits80.

However, NAB has devised a strong Internal Accountability Mechanism (IAM) to address the issue. A separate cell, Intelligence and Vigilance / Surveillance, has been established within the organization which continuously monitors the activities of employees. All complaints relating to corrupt practices by employees of NAB are monitored and investigated by this Cell.

77 National Accountability Ordinance 1999 www.nab.gov.pk/Downloads/nao.asp78 Ibid79 NAB Annual Report 2015 accessed at http://www.nab.gov.pk/80 Transparency International, Pakistan National Integrity System, Country Report 2014, pp. 170

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It is encouraging to note that NAB takes cognizance of cases of corrupt practice by its own employees under National Accountability Bureau Ordinance. O�cers found involved in corrupt practices are immediately suspended and not allowed to continue work. An independent inquiry is conducted and if an employee is found guilty, reference is �led in the Accountability Court similar to any other person accused of corruption81.

A particular instance in this respect is NAB’s action against its own Chairman in a mega corruption scam in 2013. Furthermore, disciplinary proceedings were launched against at least 83 o�cers in the last three years and 60 out of those cases have been �nalized along with 22 major penalties, 4 minor penalties and four exoneration. Outcomes of these complaints were publicized82.

NAB’s PERCEPTION OF EFFECTIVENESS

NAB’s perception of e�ectiveness emerges out to be the weakest dimension. As compared to other anti-corruption organizations like Federal Investigation Agency and Provincial Anti-Corruption Departments, NAB is perceived to be more e�ective. However, several instances of irregularities have led to public’s mistrust. NAB has not been able to put a real dent on the face of prevalent and pervasive corruption83.

Corruption has become an inevitable part of Pakistan’s environment and culture to an extent that the public has lost hope of getting justice. One can expect such mistrust in the country’s institutions where the case against the Prime Minister did not lead to conviction. The public perceives that unless the issues in morality and ethics are addressed, there can be no improvement. In addition, the public believes that although NAB is given the necessary powers and resources, it is not exercising the given powers to produce results.

NAB’s performance against corruption is reported as very poor in terms of its Standard Operating Procedures84. Following a former prime minister’s criticism of the National Accountability Bureau (NAB), NAB itself regretted that it had “inherited some problems that hampered its investigation process”85. It is also reported that the statistics of the National Accountability Bureau (NAB) are not only pointing �ngers at performance of the Bureau but are also pointing to its utility. A former Prime Minister claimed that after coming to power he would constitute a powerful department for accountability but his own disposition is being questioned at present86.

Media reports record that NAB is closing cases worth billions of rupees under the so-called plea bargaining but on the other hand, it was �ling frivolous cases against others87. Recently, media reports have highlighted that the Supreme Court of

81 Interview with NAB O�cials on August 20, 201682 http://www.baaghi.tv/nab-launches-investigation-against-its-own-o�cial/ May 17, 201683 Daniyal Aziz, Anticorruption and its Discontents, Prepared for presentation at OPMN conference: Innovations in Public Management for Controlling Corruption, 27-29 June, 2012, Honolulu, Hawaii84 NAB performance http://www.dawn.com/news/1084777 published Feb 04, 2014

85 NAB ‘falls in line’ after PM’s criticism http://www.dawn.com/news/1240296 published Feb 18, 201686 Statistics show NAB’s poor performance https://www.thenews.com.pk/print/53790-statistics-show-nabs-poor-performance published July 30, 201587 NA SPEAKER HITS AT FILING REFERENCE AGAINST NAB OVER ITS POOR PERFORMANCE http://www.radio.gov.pk/12-Jul- 2015/na-speaker-hits-at-�ling-reference-against-nab-over-its-poor-performance published 12 Jul, 2015

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Pakistan went as far as saying that the Bureau was actually “facilitating corruption in the country.” It has also been observed that the National Accountability Bureau (NAB) is losing the trust of the masses with the passage of every second and has the worst condition of a�airs88. Previously, the chief minister of a province and the chairman of a political party nudged the organization by terming its plea bargain move as a “fraud” and “shameful” respectively; others have condemned NAB’s existence by calling it the remnants of a military dictator which was formed to facilitate his rule89.

Major reason behind the poor disposal and institution of cases at the Accuntability courts, they say, is the lethargic attitude of investigators and o�cials of National Accountability Bureau, apart from the administrative constraints and dearth of senior judges at NAB courts90. Majority of the key stakeholders consulted for the research reported experiencing lax attitude on part of NAB’s o�cers. Few of them also shared personal instances of display of such behavior by NAB91.

The three indicators mentioning NAB’s perception of e�ectiveness among persons who had been in close contact with NAB were not rated. The research team could meet only a few persons with direct contact with NAB. Therefore, the sample was too small to generalize the responses. In addition, the views of the accused persons may be biased and may not re�ect NAB’s actual e�ectiveness.

88 NAB losing public trust: SC https://www.thenews.com.pk/print/183490-NAB-losing-public-trust-SC?src=ilaw89 Corrupt exchanges: understanding NAB’s accountability of ‘compromise’ Featured, http://www.pakistantoday.com.pk/2017/01/08/corrupt-exchanges- understanding-nabs-accountability-of-compromise/ published JANUARY 8, 201790 Performance of NAB courts far from satisfactory February 03, 2015http://nation.com.pk/lahore/03-Feb-2015/performance-of-nab-courts-far-from-satisfactory

91 Focus Group Discussion on October 1, 2016

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ning

Ini

tiat

ive

20

16

44

Tabl

e: 5

Det

aile

d In

dica

tors

’ Sco

res

wit

h So

urce

s an

d Co

mm

ents

1.

NA

B’s

Lega

l Ind

epen

denc

e an

d St

atus

Anti-C

orruption Agency S

trengthening Initiative 20

16

45

In

dica

tor

Rang

e of

Sco

res

Sc

ore

Hi

gh (3

) M

ediu

m (2

) Lo

w (1

) 1A

N

AB’s

lega

l in

depe

nden

ce

Inde

pend

ent

agen

cy

Sepa

rate

ag

ency

ou

tsid

e m

inist

ry

With

in p

olic

e or

min

istry

Es

tabl

ished

as

an a

pex

Anti-

Corr

uptio

n Ag

ency

of

Paki

stan

for

mal

ly r

ecog

nize

d un

der

Uni

ted

Nati

ons

Conv

entio

n ag

ains

t Co

rrup

tion

(UN

CAC)

, NAB

is a

lega

lly in

depe

nden

t bo

dy o

peratin

g un

der

the

Nati

onal

Acc

ount

abili

ty O

rdin

ance

-199

9. T

he l

egal

set

up

give

s N

AB in

depe

nden

ce in

term

s of

its

functio

ns, a

utho

rity

and

juris

dicti

on. I

t ove

rrid

es

all o

ther

law

s. It

has

its o

wn

polic

ies r

egar

ding

recr

uitm

ent a

nd se

lecti

on.

Sour

ce: N

AB’s

Web

site:

htt

p://

ww

w.n

ab.g

ov.p

k/

Tran

spar

ency

Inte

rnati

onal

, Nati

onal

Inte

grity

Sys

tem

, Cou

ntry

Rep

ort 2

014

pp. 1

64

Nati

onal

Acc

ount

abili

ty O

rdin

ance

199

9

1B

NAB

’s m

anda

te

Focu

s on

inve

stig

atio

n,

Educ

atio

n,

prev

entio

n an

d pr

osec

utio

n

Prim

ary

focu

s on

in

vest

igat

ion

Educ

atio

n an

d pr

even

tion

with

out

Inve

stig

atio

n

NAB

‘s s

ole

obje

ctive

is

erad

icati

on o

f co

rrup

tion

from

soc

iety

thr

ough

an

exte

nsiv

e st

rate

gy. I

ts m

anda

te is

bro

ad a

nd f

ocus

es o

n ed

ucati

on, d

etectio

n, in

vesti

gatio

n an

d pr

osec

ution

of c

ases

invo

lvin

g co

rrup

t pra

ctice

s.

Sour

ce: N

AB’s

Web

site:

htt

p://

ww

w.n

ab.g

ov.p

k/

Issu

es in

Cor

rupti

on a

nd th

e Ro

le o

f NAB

, htt

p://

ww

w.ic

ac.o

rg.h

k/ne

wsl/

issue

27en

g/bu

tton

6.ht

m

NAB

Ann

ual R

epor

t 201

5 p

p. 1

9

Ant

i-C

orru

ptio

n A

genc

y S

tren

gthe

ning

Ini

tiat

ive

20

16

46

1C N

AB’s

lega

l pow

ers

Exte

nsiv

e po

wer

s (e

.g.,

arre

st a

nd

sear

ch o

f arr

este

d pe

rson

s;

exam

inin

g su

spec

t’s b

ank

acco

unts

, sa

fe- d

epos

it bo

xes,

inco

me

tax

reco

rds

and

prop

erty

; se

arch

and

en

try

of

prem

ises,

etc

.)

Som

e po

wer

s Fe

w o

r non

e N

AB h

as e

xten

sive

pow

ers t

o in

vesti

gate

arr

est a

nd p

rose

cute

; exa

min

ing

susp

ect’s

ban

k ac

coun

ts, s

afe-

dep

osit

boxe

s, in

com

e ta

x re

cord

s an

d pr

oper

ty;

sear

ch a

nd e

ntry

of

prem

ises.

The

re is

no

rest

rictio

n or

ext

erna

l sup

ervi

sion

on N

AB’s

functio

nal p

ower

s and

au

thor

ity. T

he le

gal f

ram

ewor

k of

NAB

also

pro

vide

s fo

r pr

otectio

n of

witn

esse

s. T

he

finan

cial

con

trol

and

aut

horit

y of

NAB

lies

with

its C

hairm

an.

So

urce

: Tra

nspa

renc

y In

tern

ation

al, P

akist

an N

ation

al In

tegr

ity S

yste

m, C

ount

ry R

epor

t 20

14, p

p. 1

59 &

164

Sa

mad

, S. (

2008

). Co

mba

ting

corr

uptio

n: T

he c

ase

of th

e N

ation

al A

ccou

ntab

ility

Bur

eau,

Pak

istan

, JO

AAG,

Vol

. 3. N

o. 1

N

ation

al A

ccou

ntab

ility

Bur

eau:

An

Inde

pend

ent R

evie

w o

f Str

uctu

re a

nd P

erfo

rman

ce.

http:

//w

ww

.pild

at.o

rg/P

ublic

ation

s/pu

blic

ation

/Dem

ocra

cy&

LegS

tr/N

ation

alAc

coun

tabi

lity

Bure

auAn

Inde

pend

entR

evie

wof

Stru

ctur

eand

Perf

orm

ance

.pdf

1D

Appo

intm

ent o

f N

AB’s

Co

mm

issio

ner(

s)

Inde

pend

ent

com

mitt

ee u

sing

obje

ctive

crit

eria

an

d pr

oced

ure

is tr

ansp

aren

t

Min

ister

ial

com

mitt

ee

usin

g ob

jecti

ve

crite

ria b

ut

proc

edur

e is

not

tran

spar

ent

Prim

e M

inist

er/

Pres

iden

t/ H

ead

of S

tate

mak

es

the

deci

sion

and

the

proc

edur

e is

not t

rans

pare

nt

The

Chai

rman

is a

ppoi

nted

by

the

Pres

iden

t w

ith t

he m

utua

l con

sent

of

Lead

er o

f th

e Ho

use

and

Lead

er o

f th

e O

ppos

ition

. As

bot

h th

e Go

vern

men

t an

d th

e O

ppos

ition

are

in

volv

ed in

the

sele

ction

, the

nom

inee

is d

eem

ed to

be

non-

parti

san.

So

urce

: Int

ervi

ew w

ith N

AB Offi

cial

s N

ation

al A

ccou

ntab

ility

Ord

inan

ce 1

999

Focu

s Gro

up D

iscus

sion

1E

N

AB’s

Co

mm

issio

ner(

s)’

term

of o

ffice

and

re

mov

al

Fixe

d te

rm w

ith

tenu

re (d

ifficu

lt to

Re

mov

e Co

mm

issio

ners

w

ithou

t cau

se, e

.g.

inco

mpe

tenc

e or

pr

oven

m

iscon

duct

)

Fixe

d te

rm

with

out t

enur

e bu

t not

diffi

cult

to re

mov

e Co

mm

issio

ners

No fix

ed te

rm a

nd

Com

miss

ione

rs

can

be re

plac

ed

easil

y

The

Cha

irman

is a

ppoi

nted

for a

fixe

d te

rm o

f fou

r yea

rs a

nd c

an o

nly

be re

mov

ed o

n th

e gr

ound

s tha

t nec

essit

ate

rem

oval

of a

judg

e of

Sup

rem

e Co

urt o

f the

cou

ntry

. So

urce

: Tr

ansp

aren

cy I

nter

natio

nal,

Paki

stan

Nati

onal

Int

egrit

y Sy

stem

, Co

untr

y Re

port

20

14, p

p.16

4

Nati

onal

Acc

ount

abili

ty O

rdin

ance

199

9

Anti-C

orruption Agency S

trengthening Initiative 20

16

47

1F

NAB

’s o

peratio

nal

auto

nom

y an

d im

parti

ality

High

(no

politi

cal

inte

rfer

ence

) Li

mite

d (s

ome

politi

cal

inte

rfer

ence

)

Low

(hig

h le

vel o

f po

litica

l in

terf

eren

ce)

As p

er N

AB’s

law

, it

is an

aut

onom

ous

and

impa

rtial

org

aniza

tion.

How

ever

, in

practic

e,

NAB

is

not

free

fro

m p

oliti

cal

pres

sure

s.

The

rele

vant

sta

keho

lder

s co

nsul

ted

for

this

rese

arch

sha

red

that

the

pol

itica

l in

terf

eren

ce affe

cts

NAB

’s c

redi

bilit

y in

ter

ms

of i

ts

impa

rtial

ity.

So

urce

: Tr

ansp

aren

cy I

nter

natio

nal,

Paki

stan

Nati

onal

Int

egrit

y Sy

stem

, Co

untr

y Re

port

20

14, p

p. 1

60 &

166

Fo

cus G

roup

Disc

ussio

n In

terv

iew

s with

Sta

keho

lder

s

1G

Gove

rnm

ent’s

re

lianc

e on

NAB

to

use

corr

uptio

n as

a

wea

pon

agai

nst

politi

cal

Opp

onen

ts

Gov

ernm

ent h

as

not u

sed

ACA

as a

w

eapo

n ag

ains

t

pol

itica

l opp

onen

ts

Evid

ence

of

limite

d us

e of

AC

A by

go

vern

men

t as a

w

eapo

n ag

ains

t po

litica

l op

pone

nts

Evid

ence

of

wid

espr

ead

use

of

ACA

by

gove

rnm

ent a

s a

wea

pon

agai

nst

politi

cal

oppo

nent

s

NAB

has

bee

n fa

cing

alle

gatio

ns o

f bei

ng a

partis

an a

genc

y us

ed fo

r pol

itica

l victim

izatio

n by

the

gov

ernm

ent.

The

med

ia r

epor

ts r

eflec

t m

any

inst

ance

s w

here

the

pol

itica

l elit

e ha

ve r

epea

tedl

y att

empt

ed t

o us

e N

AB a

s a

devi

ce t

o vi

ctim

ize o

ppon

ents

, and

san

ctify

th

eir

own

actio

ns.

Disc

ussio

n w

ith r

elev

ant

stak

ehol

ders

also

rep

orte

d su

ch p

oliti

cal

victi

miza

tion

by th

e go

vern

men

t.

Sour

ce:

Tran

spar

ency

Int

erna

tiona

l, Pa

kist

an N

ation

al I

nteg

rity

Syst

em,

Coun

try

Repo

rt

2014

, pp.

160

Fo

cus G

roup

Disc

ussio

n M

edia

Rep

orts

htt

p://

ww

w.s

ucht

v.pk

/pak

istan

/gen

eral

/item

/336

82-n

ab-n

ot-a

lone

-fia-

doin

g-sa

me-

too-

zard

ari-t

ells-

naw

az.h

tml

http:

//na

tion.

com

.pk/

colu

mns

/21-

Feb-

2016

/fea

ring-

acco

unta

bilit

y htt

p://

ww

w.p

akde

stiny

.com

/nab

-ref

uses

-bec

ome-

pupp

et-s

aad-

rafiq

ues-

hand

s-la

hore

s-ro

yal-p

alm

-cas

e-sti

cks-

prev

ious

-pro

be/

Inte

rvie

ws w

ith S

take

hold

ers

Sub

Tota

l: 17

2

. Fin

anci

al a

nd H

uman

Res

ourc

es

Ant

i-C

orru

ptio

n A

genc

y S

tren

gthe

ning

Ini

tiat

ive

20

16

48

In

dica

tor

Rang

e of

Sco

res

Justi

ficati

on o

f Sc

ore

Hi

gh (3

) M

ediu

m (2

) Lo

w (1

) 2A

Av

erag

e pr

opor

tion

of

NAB

’s

budg

et

to

tota

l go

vern

men

t bu

dget

fo

r pa

st 3

yea

rs

Abov

e 0.

20%

Betw

een

0.10

% to

0.

20%

Be

low

0.1

0%

2013

-14

:

Rs. 2

,165

.983

Mill

ion

agai

nst t

he c

ount

ry’s

bud

ge: R

s3.9

45 t

rillio

n

2014

-15

: Rs

. 2,2

08.6

73 M

illio

n ag

ains

t the

cou

ntry

’s b

udge

: 4.3

trill

ion

2015

-16

: Rs

. 2,8

96.1

96 M

illio

n ag

ains

t the

cou

ntry

’s b

udge

: 4.

4 tr

illio

n Th

e pr

oportio

n of

bud

get

in t

he la

st t

hree

yea

rs h

as b

een

belo

w 0

.10%

of

the

coun

try’

s bud

get.

So

urce

: N

AB A

nnua

l Rep

ort 2

015

In

terv

iew

with

NAB

Offi

cial

s

Inte

rvie

ws w

ith S

take

hold

ers

2 B

Suffi

cien

cy o

f NAB

’s b

udge

t fo

r per

form

ing

its fu

nctio

ns

Mor

e th

an

adeq

uate

(80

% t

o 10

0%

of

budg

et

requ

est i

s ap

prov

ed)

Adeq

uate

(66%

to

79%

of

bu

dget

re

ques

t is a

ppro

ved)

Inad

equa

te

(less

th

an

66%

of

bu

dget

requ

est i

s ap

prov

ed)

and

relie

s on

fun

ding

by

CS

Os

and

dono

r age

ncie

s

The

reve

nue

is suffi

cien

t to

car

ry o

ut t

he a

ctivitie

s as

NAB

has

the

ad

ditio

nal

amou

nt r

ecov

ered

fro

m c

erta

in p

erce

ntag

e of

Vol

unta

ry

Retu

rn a

nd P

lea

Barg

ain.

In

additio

n, 1

00%

of

budg

et r

eque

st i

s ap

prov

ed e

very

yea

r bas

ed o

n pr

e pr

actic

es.

Sour

ce: I

nter

view

with

NAB

Offi

cial

s Tr

ansp

aren

cy In

tern

ation

al, P

akist

an, N

ation

al In

tegr

ity S

yste

m, C

ount

ry

Repo

rt 2

014,

pp.

162

-163

Anti-C

orruption Agency S

trengthening Initiative 20

16

49

2C

Secu

rity

and

stab

ility

of

NAB

’s b

udge

t dur

ing

past

3

year

s

NAB

bud

get i

s gu

aran

teed

bas

ed

on p

revi

ous y

ear’s

al

loca

tion

and

has

not b

een

redu

ced

NAB

bud

get h

as n

ot

been

redu

ced

durin

g pa

st 3

yea

rs

NAB

bud

get h

as

been

redu

ced

durin

g pa

st

thre

e ye

ars

The

budg

et a

lloca

ted

to N

AB is

as f

ollo

ws:

20

13-1

4 :

Rs.

2,1

65.9

83 M

illio

n

2014

-15

:

R

s. 2

,208

.673

Mill

ion

20

15-1

6 :

Rs.

2,8

96.1

96 M

illio

n Th

ere

is no

form

al g

uara

ntee

of fi

scal

sta

bilit

y as

the

re a

re u

neve

n tr

ends

in b

udge

t gra

nts i

n th

e pa

st fe

w y

ears

. So

urce

: htt

p://

ww

w.d

awn.

com

/Acc

esse

d on

Aug

ust 5

, 201

6 Tr

ansp

aren

cy

Inte

rnati

onal

, Pa

kist

an

Nati

onal

In

tegr

ity

Syst

em,

Coun

try

Repo

rt 2

014,

pp.

163

PI

DLAT

Re

port

Sc

ore

card

: Fe

dera

l Go

vern

men

t of

Pa

kist

an:

Asse

ssm

ent o

f the

qua

lity

of G

over

nanc

e htt

p://

epap

er.b

reco

rder

.com

/ 2D

N

AB p

erso

nnel

’s sa

lary

an

d be

nefit

s Co

mpe

titiv

e sa

lary

and

be

nefit

s

Adeq

uate

sala

ry a

nd

bene

fits

Low

sala

ry a

nd

limite

d be

nefit

s

NAB

’s p

erso

nnel

sal

arie

s ar

e ad

equa

te. E

xtra

ben

efit

in t

he fo

rm o

f ha

rdsh

ip

allo

wan

ce

and

doub

le

sala

ry,

as

com

pare

d to

ot

her

gove

rnm

ent

empl

oyee

s in

the

sam

e ca

dre,

is

adm

issib

le t

o N

AB

Empl

oyee

s So

urce

: Int

ervi

ew w

ith N

AB Offi

cial

s In

terv

iew

s with

Sta

keho

lder

s

2E

NAB

’s se

lect

ion

crite

ria fo

r pe

rson

nel

Mer

itocr

atic

and

tr

ansp

aren

t pr

oced

ures

Lim

ited

mer

itocr

atic

or

tran

spar

ent

proc

edur

es

Patr

onag

e an

d no

n-tr

ansp

aren

t Pr

oced

ures

NAB

’s

recr

uitm

ent

is do

ne

thro

ugh

a Se

lecti

on

Boar

d an

d De

part

men

tal S

electio

n Co

mm

ittee

. At

the

initi

al s

tage

, can

dida

tes

are

shor

tlist

ed f

rom

tho

usan

ds o

f ap

plic

ants

. N

AB h

as o

utso

urce

d in

itial

scr

eeni

ng p

roce

ss t

o N

ation

al T

estin

g Se

rvic

es (

NTS

). Aft

er

that

Psy

chol

ogic

al T

est,

inte

rvie

ws a

re c

ondu

cted

. So

urce

: Int

ervi

ew w

ith N

AB Offi

cial

s Tr

ansp

aren

cy

Inte

rnati

onal

, Pa

kist

an

Nati

onal

In

tegr

ity

Syst

em,

Coun

try

Repo

rt 2

014,

pp.

166

In

terv

iew

s with

Sta

keho

lder

s N

ation

al

Acco

unta

bilit

y Bu

reau

(N

AB)

empl

oyee

s Te

rms

&

Ant

i-C

orru

ptio

n A

genc

y S

tren

gthe

ning

Ini

tiat

ive

20

16

50

2F

Expe

rtis

e of

NAB

’s

pers

onne

l in

corr

uptio

n in

vest

igat

ion

High

leve

l of

expe

rtise

La

ckin

g ex

pert

ise in

so

me

area

s La

ckin

g ex

pert

ise

in m

any

area

s N

AB e

mpl

oyee

s hav

e suffi

cien

t exp

ertis

e to

car

ry o

ut th

eir d

uties

as

reve

aled

in th

e in

terv

iew

s with

NAB

per

sonn

el.

How

ever

, the

re is

a n

eed

to tr

ain

them

in o

ther

are

as s

uch

as a

sset

re

cove

ry

of

proc

eeds

st

ashe

d in

off

shor

e co

mpa

nies

/ fo

reig

n co

untr

ies,

pub

lic p

rocu

rem

ent,

trad

ing

and

bank

ing

crim

e. N

AB h

as

to a

cqui

re th

e sa

id e

xpertis

e fr

om v

ario

us o

ther

pub

lic o

rgan

izatio

ns

whi

ch a

re c

orru

pt th

emse

lves

. So

urce

: Int

ervi

ew w

ith N

AB Offi

cial

s Fo

cus G

roup

Disc

ussio

n St

reng

then

ing

NAB

's fin

anci

al c

rime

win

g,

http:

//w

ww

.bre

cord

er.c

om/p

ages

/arti

cle/

1214

834/

2015

-08-

07/s

tren

gthe

ning

-nab

s-fin

anci

al-c

rime-

win

g.ht

ml/A

cces

sed

Oct

ober

14

, 201

6

2G

Expe

rtis

e of

NAB

’s

pers

onne

l in

corr

uptio

n pr

even

tion

and

educ

atio

n

High

leve

l of

expe

rtise

La

ckin

g ex

pert

ise in

so

me

area

s La

ckin

g ex

pert

ise

in m

any

area

s Al

thou

gh N

AB o

rgan

izes

a w

ide

rang

e pr

ogra

ms

and

activ

ities

und

er

its P

reve

ntion

, Edu

catio

n an

d O

utre

ach

win

g to

incr

ease

aw

aren

ess

abou

t t

he d

etrim

enta

l effe

cts

of c

orru

ption

and

cor

rupt

pra

ctice

s,

its p

erso

nnel

lack

nec

essa

ry e

xpertis

e in

str

ateg

izing

its

corr

uptio

n pr

even

tion

and

educ

ation

initia

tives

as

refle

cted

in

its l

imite

d su

cces

s in

prev

entio

n of

cor

rupti

on.

Sour

ce: F

ocus

Gro

up D

iscus

sion

Inte

rvie

w w

ith N

AB Offi

cial

s In

terv

iew

s with

Sta

keho

lder

s

Anti-C

orruption Agency S

trengthening Initiative 20

16

51

2H

Trai

ning

of N

AB’s

Pe

rson

nel

Wel

l-tra

ined

pe

rson

nel w

ith m

any

trai

ning

op

port

uniti

es

Som

e tr

aine

d pe

rson

nel w

ith

limite

d tr

aini

ng

oppo

rtun

ities

Trai

ning

is

unim

port

ant a

nd

negl

ecte

d

NAB

has

set

up

a de

dica

ted

Trai

ning

& R

esea

rch

Divi

sion

in 2

013.

An

annu

al tr

aini

ng p

lan

was

also

cha

lked

out

and

impl

emen

ted

in 2

015.

Aft

er In

ducti

on N

AB O

ffice

rs g

o th

roug

h 7

mon

ths

Spec

ial T

rain

ing

Cour

se r

egar

ding

inv

estig

ation

of

Whi

te C

olla

r Cr

ime

to e

nhan

ce

inve

stigatio

n sk

ills.

Its

tra

inin

g w

ing

enga

ges

them

in

conti

nuou

s tr

aini

ng.

Follo

win

g do

mestic

and

int

erna

tiona

l tr

aini

ngs

are

also

impa

rted

to

NAB

Offi

cers

to

enha

nce

thei

r ex

perti

se a

nd

skill

s: -

a.

Fore

nsic

Sci

ence

s offe

red

by P

unja

b Fo

rens

ic S

cien

ce

Labo

rato

ry (P

FSL)

b.

Cr

ime

and

Inte

llige

nce

Anal

ysis

and

Mon

ey la

unde

ring

offer

ed b

y N

ation

al P

olic

e Ac

adem

y Is

lam

abad

. c.

In

tern

ation

al T

rain

ings

offe

red

by:-

i. M

alay

sian

Anti-

Corr

uptio

n Ac

adem

y.

ii.

UN

ODC

Cu

rric

ulum

of

trai

ning

is

desig

ned

to m

eet

the

requ

irem

ent

of

inve

stigatio

n of

com

plic

ated

whi

te c

olla

r cr

ime/

cor

rupti

on a

nd

corr

upt p

racti

ces.

Am

ple

trai

ning

opp

ortu

nitie

s ar

e pr

ovid

ed t

o N

AB’s

per

sonn

el.

How

ever

, tra

inin

g in

ass

et r

ecov

ery

of p

roce

eds

stas

hed

in offs

hore

co

mpa

nies

/for

eign

cou

ntrie

s, p

ublic

pro

cure

men

t, ba

nkin

g cr

ime

and

shar

e tr

adin

g is

need

ed to

equ

ip it

s pe

rson

nel w

ith th

e re

leva

nt

skill

s.

Sour

ce: N

AB A

nnua

l Rep

ort 2

015

pp.

137

In

terv

iew

with

NAB

Offi

cial

s Fo

cus G

roup

Disc

ussio

n

2I

Stab

ility

of N

AB’s

pers

onne

l Lo

w tu

rnov

er a

nd

resig

natio

n ra

te

(0%

to 5

% p

er y

ear)

Mod

erat

e tu

rnov

er

and

resig

natio

n ra

te

(mor

e th

an 5

% to

10

% p

er y

ear)

High

turn

over

and

re

signa

tion

rate

(m

ore

than

10%

pe

r yea

r)

NAB

has

a v

ery

low

turn

over

rate

whi

ch is

bet

wee

n 0-

5%.

Sour

ce: I

nter

view

with

NAB

Offi

cial

s In

terv

iew

s with

Sta

keho

lder

s

Sub

Tota

l: 21

3.

NA

B’s

Det

ecti

on a

nd In

vest

igat

ion

Func

tion

(9 in

dica

tors

)

Ant

i-C

orru

ptio

n A

genc

y S

tren

gthe

ning

Ini

tiat

ive

20

16

52

In

dica

tor

Rang

e of

Sco

re

Justifi

catio

n of

Sco

res

Hi

gh (3

) M

ediu

m (2

) Lo

w (1

) 3A

N

AB’s

acc

essib

ility

to

corr

uptio

n co

mpl

aina

nts/

info

rman

,in

clud

ing

publ

ic a

nd

whi

stle

- blo

wer

s dur

ing

past

3 y

ears

NAB

is h

ighl

y ac

cess

ible

as

refle

cted

in th

e hi

gh

prop

ortio

n of

co

rrup

tion

com

plai

nts

rece

ived

rela

tive

to

popu

latio

n an

d pe

rcei

ved

leve

l of

corr

uptio

n, a

nd

prop

ortio

n of

co

mpl

aina

nts

conf

iden

t to

iden

tify

them

selv

es

NAB

is a

cces

sible

as

refle

cted

in th

e m

oder

ate

prop

ortio

n of

cor

rupt

ion

com

plai

nts r

ecei

ved

rela

tive

to p

opul

atio

n an

d pe

rcei

ved

leve

l of

cor

rupt

ion,

and

pr

opor

tion

of

com

plai

nant

s co

nfid

ent t

o id

entif

y th

emse

lves

NAB

is in

acce

ssib

le

as re

flect

ed in

low

pr

opor

tion

of

corr

uptio

n co

mpl

aint

s re

ceiv

ed re

lativ

e to

po

pula

tion

and

perc

eive

d le

vel

of c

orru

ptio

n, a

nd

prop

ortio

n of

co

mpl

aina

nts

conf

iden

t to

iden

tify

them

selv

es

Num

ber o

f Com

plai

nts

Year

201

3

2007

1 Ye

ar 2

014

19

997

Year

201

5

2999

6 To

tal i

n 3

year

s

700

64

Less

than

one

per

c ent

com

plai

nts

are

lodg

ed re

lativ

e to

pop

ulati

on.

Ther

e is

a se

nse

of f

ear

and

expe

rienc

e of

har

assm

ent

amon

g th

e ge

nera

l pub

lic w

hen

it co

mes

to

lodg

ing

a co

mpl

aint

with

NAB

as

the

past

ins

tanc

es s

how

tha

t th

e co

mpl

aina

nts

them

selv

es h

ave

been

ord

ered

to p

rese

nt th

emse

lves

in th

e N

AB offi

ce u

nder

thre

at

of d

ire c

onse

quen

ces.

In

som

e in

stan

ces

the

com

plai

nant

him

self

has b

een

accu

sed

of th

e off

ence

. So

urce

: NAB

Ann

ual R

epor

t 201

5 pp

. 60

Focu

s Gro

up D

iscus

sion

Inte

rvie

w w

ith S

take

hold

ers

3B

NAB

’s re

spon

siven

ess t

o co

rrup

tion

com

plai

nts

durin

g pa

st 3

yea

rs

NAB

is h

ighl

y re

spon

sive

as

refle

cted

in th

e hi

gh

prop

ortio

n of

co

rrup

tion

com

plai

nts

inve

stig

ated

and

in

vest

igat

ion

case

s co

mpl

eted

dur

ing

past

3 y

ears

NAB

is re

spon

sive

as

refle

cted

in th

e m

oder

ate

prop

ortio

n of

cor

rupt

ion

com

plai

nts

inve

stig

ated

and

in

vest

igat

ion

case

s co

mpl

eted

dur

ing

past

3 y

ears

NAB

is n

ot

resp

onsiv

e as

re

flect

ed in

the

low

pro

port

ion

of

corr

uptio

n co

mpl

aint

s in

vest

igat

ed a

nd

inve

stig

atio

n ca

ses c

ompl

eted

du

ring

past

3

year

s

NAB

is

high

ly r

espo

nsiv

e as

refl

ecte

d in

the

hig

h pr

oportio

n of

co

mpl

aint

s in

vesti

gate

d in

the

las

t th

ree

year

s.

Its a

utom

ated

sy

stem

fo

r th

e re

spon

se o

f co

mpl

aint

s w

orks

eff

ectiv

ely.

The

co

mpl

aint

s re

ceiv

ed i

n th

e pa

st t

hree

yea

rs w

ere

7006

4 an

d th

e co

mpl

aint

s re

spon

ded

to w

ere

6887

5 w

hich

is

a hi

gh p

ropo

rtion

. Th

e br

eaku

p of

the

n

umbe

r o

f com

plai

nts

res

pond

ed

into

the

th

ree

year

s is

as fo

llow

s:

Year

201

3

188

92

Year

201

4

199

89

Year

201

5

300

04

Tota

l in

3 ye

ars

688

75

Sour

ce: N

AB A

nnua

l Rep

ort 2

015

pp. 6

0 3C

N

AB’s

will

ingn

ess t

o in

itiat

e co

rrup

tion

inve

stig

atio

ns d

urin

g pa

st 3

ye

ars

High

num

ber o

f co

rrup

tion

inve

stig

atio

ns

initi

ated

by

NAB

Mod

erat

e nu

mbe

r of

corr

uptio

n in

vest

igat

ions

in

itiat

ed b

y N

AB

Low

num

ber o

f co

rrup

tion

inve

stig

atio

ns

initi

ated

by

NAB

NAB

in

itiat

es

com

plai

nts

on

its

own

as

and

whe

n re

quire

d.

Chai

rman

NAB

tak

es s

uo m

oto

acti

on in

cas

es o

f co

rrup

tion

and

corr

upt

practic

es a

s pe

r th

e pr

ovisi

ons

in A

rticl

e 22

of

Nati

onal

Ac

coun

tabi

lity

Ord

inan

ce (N

AO),

1999

. So

urce

: Int

ervi

ew w

ith N

AB Offi

cial

s In

terv

iew

s with

Sta

keho

lder

s N

ation

al A

ccou

ntab

ility

Ord

inan

ce (N

AO),

1999

Anti-C

orruption Agency S

trengthening Initiative 20

16

53

3D

Aver

age

num

ber o

f ca

ses i

nves

tigat

ed b

y th

e N

AB p

er y

ear d

urin

g pa

st 3

yea

rs

Mor

e th

an 1

,000

co

rrup

tion

case

s in

vest

igat

ed b

y th

e N

AB p

er y

ear d

urin

g th

e pa

st th

ree

year

s

Betw

een

300

to 9

99

corr

uptio

n ca

ses

inve

stig

ated

by

the

NAB

per

yea

r dur

ing

the

past

thre

e ye

ars

Less

than

300

co

rrup

tion

case

s in

vest

igat

ed b

y th

e N

AB p

er y

ear

durin

g th

e pa

st

thre

e ye

ars

The

brea

kup

of t

he c

ases

inve

stiga

ted

by N

AB p

er y

ear

durin

g pa

st

thre

e ye

ars i

s as f

ollo

ws:

Ye

ar 2

013:

370

Ye

ar 2

014:

467

Ye

ar 2

015:

731

So

urce

: NAB

Ann

ual R

epor

t 201

5 pp

. 60

Inte

rvie

w w

ith N

AB Offi

cial

s

3E

Effic

ienc

y an

d pr

ofes

siona

lism

of

corr

uptio

n in

vest

igat

ions

by

NAB

dur

ing

past

3

year

s

High

ly e

ffici

ent a

nd

prof

essio

nal

inve

stig

atio

n of

co

rrup

tion

case

s

Effic

ient

and

pr

ofes

siona

l in

vest

igat

ion

of

corr

uptio

n ca

ses

Inef

ficie

nt a

nd

unpr

ofes

siona

l in

vest

igat

ion

of

corr

uptio

n ca

ses

Each

cas

e at

NAB

is in

vesti

gate

d by

a c

ombi

ned

Inve

stigatio

n Te

am

com

prisi

ng

Supe

rviso

ry

Offi

cer,

Inve

stigatio

n Offi

cer,

Lega

l Co

nsul

tant

, Ba

nkin

g Ex

pert

and

Rev

enue

Exp

ert.

NAB

has

its

own

Fore

nsic

Sc

ienc

e La

bora

tory

to

m

eet

High

St

anda

rd

of

Inve

stigatio

ns.

As p

er N

AB’s

Sta

ndar

d O

peratin

g Pr

oced

ure

(SO

P), ti

mel

ines

hav

e be

en p

resc

ribed

for

effi

cien

t, eff

ectiv

e an

d ex

peditio

us d

ispos

al o

f ca

ses

putti

ng a

max

imum

lim

it of

10

mon

ths-

fro

m c

ompl

aint

ve

rificatio

n-to

-inqu

iry-t

o-in

vesti

gatio

n an

d fin

ally

to

a re

fere

nce

in

the

Acco

unta

bilit

y Co

urt.

How

ever

, lo

ng d

elay

s on

par

t of

NAB

in

the

proc

essin

g of

com

plai

nts

and

case

s ar

e ob

serv

ed a

s a

matt

er o

f co

ncer

n.

Mor

e pr

ofes

siona

lism

nee

ds t

o be

exh

ibite

d by

NAB

’s s

taff

as t

he

key

stak

ehol

ders

rep

orte

d ex

perie

ncin

g la

x atti

tude

on

NAB

’s p

art.

Furt

herm

ore,

it w

as sh

ared

that

all

com

plai

nant

s w

ere

mad

e to

wai

t fo

r sev

eral

hou

rs in

one

room

onl

y w

hich

sho

uld

not b

e th

e pr

actic

e to

ens

ure

confi

denti

ality

and

priv

acy.

So

urce

: NAB

Ann

ual R

epor

t 201

5 pp

.130

-138

Fo

cus G

roup

Inte

rvie

ws

Inte

rvie

w w

ith N

AB Offi

cial

s M

edia

Rep

orts

NAB

fails

to

mee

t SC

dea

dlin

e fo

r co

mpl

eting

pro

be

into

maj

or c

ases

htt

p://

ww

w.d

awn.

com

/new

s/12

5152

3

Ant

i-C

orru

ptio

n A

genc

y S

tren

gthe

ning

Ini

tiat

ive

20

16

54

3F

Aver

age

conv

ictio

n ra

te

of c

orru

ptio

n ca

ses

inve

stig

ated

by

NAB

in

past

3 y

ears

Abov

e 75

%

Betw

een

50%

to

75%

Be

low

50%

N

AB s

hare

d th

at t

he a

ccum

ulati

ve c

onvi

ction

rat

e (t

hat

incl

udes

co

nvictio

n up

to

Supr

eme

Cour

t) f

or Y

ears

201

4, 2

015

and

2016

is

61%

, 68%

and

76%

, res

pecti

vely

. So

urce

: Int

ervi

ew w

ith N

AB’ s

offi

cial

s

3G

NAB

’s w

illin

gnes

s to

inve

stig

ate

influ

entia

l pe

rson

s for

cor

rupt

ion

with

out f

ear o

r fa

vor d

urin

g pa

st 3

ye

ars

Cons

ider

able

ev

iden

ce o

f in

vest

igat

ion

of

influ

entia

l per

sons

fo

r cor

rupt

ion

Som

e ev

iden

ce o

f in

vest

igat

ion

of

influ

entia

l per

sons

for

corr

uptio

n

No

evid

ence

of

inve

stig

atio

n of

in

fluen

tial

pers

ons f

or

corr

uptio

n

NAB

ha

s le

vied

ch

arge

s ag

ains

t hi

gh

leve

l po

litici

ans

and

gove

rnm

ent

offici

als

and

in c

erta

in c

ases

rec

over

ed t

he e

mbe

zzle

d m

oney

. A

num

ber o

f for

mer

hig

h offi

cial

s ha

ve b

een

pena

lized

ove

r th

e ye

ars.

Rec

ently

, a p

ublic

offi

cer h

as b

een

sent

ence

d to

5 y

ears

of

rigor

ous i

mpr

isonm

ent (

R.I)

with

a fi

ne o

f Rs.

17.

086

mill

ion

whi

ch is

to

be

paid

with

in a

per

iod

of o

ne m

onth

faili

ng w

hich

his

asse

ts sh

all

stan

d fo

rfei

ted

to th

e st

ate

How

ever

, tho

ugh

ther

e w

ere

alle

gatio

ns

of c

orru

ption

aga

inst

hi

gh p

rofil

e po

litici

ans

in t

he p

ast

but

none

ha

s bee

n pr

osec

uted

yet

. N

AB t

akes

cog

niza

nce

of c

ases

of

corr

uptio

n an

d co

rrup

t pr

actic

es

of p

ublic

offi

ce h

olde

rs,

bank

def

aulte

rs,

etc.

who

are

infl

uenti

al

pers

ons

havi

ng

adm

inist

rativ

e an

d fin

anci

al

auth

oriti

es.

It ha

s in

vesti

gate

d ca

ses

agai

nst

high

offi

cial

s su

ch a

s th

e Pr

ime

Min

ister

, Pr

esid

ent,

Chie

f Min

ister

s, e

tc.

Sour

ce

http:

//w

ww

.nab

.gov

.pk/

Dow

nloa

ds/C

ase_

stud

ies/

noor

ulha

q.pd

f In

terv

iew

with

NAB

Offi

cial

s

Anti-C

orruption Agency S

trengthening Initiative 20

16

55

3H

NAB

’s ro

le in

rest

itutio

n,

asse

t rec

over

y, fr

eezin

g an

d co

nfisc

atio

n du

ring

past

3 y

ears

Very

act

ive

role

by

NAB

M

oder

atel

y ac

tive

role

by

NAB

In

activ

e ro

le b

y N

AB

Durin

g th

e pa

st 3

yea

rs,1

95 c

ases

invo

lvin

g 86

6 p

erso

ns a

ccus

ed fo

r co

rrup

t pra

ctice

s, h

ave

been

fina

lized

for r

ecov

ery

/ re

imbu

rsem

ent

of lo

oted

mon

ey b

y th

e co

rrup

t offi

cial

s / o

ffice

rs in

con

niva

nce

with

ac

com

plic

es.

Out

of

the

amou

nt o

f Rs

. 19

472.

54 m

illio

ns,

agre

ed

betw

een

the

guilt

y an

d N

AB, t

he r

ecov

ered

am

ount

is R

s. 5

272.

447

mill

ion.

In

add

ition

, N

AB’s

rol

e in

res

tituti

on,

asse

t re

cove

ry,

free

zing

and

confi

scati

on is

rat

ed h

igh.

As

soon

as

a N

AB in

quiry

is

appr

oved

by

the

Chai

rman

NAB

to

be c

onve

rted

into

inve

stiga

tion,

th

e pr

oper

ty/a

sset

s in

volv

ed in

the

corr

uptio

n ca

se a

re fr

ozen

unti

l th

e ca

se is

fina

lized

by

the

Acco

unta

bilit

y Co

urt.

Sour

ce: I

nter

view

with

NAB

Offi

cial

s

3I

Does

NAB

iden

tify

gend

er

in c

ompi

ling

corr

uptio

n co

mpl

aint

s and

m

onito

ring

corr

uptio

n tr

ends

?

NAB

has

gen

der

sens

itive

de

mog

raph

ic

info

rmat

ion

that

al

low

s it t

o m

onito

r how

co

rrup

tion

and

its

serv

ices

affe

ct

wom

en d

iffer

ently

NAB

has

gen

der

sens

itive

de

mog

raph

ic

info

rmat

ion

that

co

uld

allo

w it

to

mon

itor h

ow

corr

uptio

n an

d its

se

rvic

es a

ffect

w

omen

diff

eren

tly,

but i

t doe

s not

ac

tivel

y m

onito

r th

ese

diffe

renc

es.

NAB

tak

es c

ogni

zanc

e of

cor

rupti

on a

nd c

orru

pt p

racti

ces

with

out

any

disc

rimin

ation

of

gend

er.

Spec

ial c

are

is ta

ken

whi

le h

andl

ing

case

s in

volv

ing

fem

ales

acc

used

. The

pro

cedu

re is

cle

arly

defi

ned

in

the

crim

inal

pr

oced

ure

code

an

d is

stric

tly

adop

ted

whi

le

inve

stiga

ting

or d

urin

g cu

stod

y of

fem

ale

accu

sed.

Ho

wev

er,

NAB

do

es

not

colle

ct

gend

er

sens

itive

de

mog

raph

ic

info

rmati

on.

Sour

ce: I

nter

view

with

NAB

Offi

cial

s

Sub

Tota

l: 20

NAB

doe

s not

col

lect

gend

er se

nsiti

ve

dem

ogra

phic

info

rmati

on.

4. N

AB’

s Pr

even

tion

, Edu

cati

on a

nd O

utre

ach

Func

tion

s (9

indi

cato

rs)

Ant

i-C

orru

ptio

n A

genc

y S

tren

gthe

ning

Ini

tiat

ive

20

16

56

In

dica

tor

Rang

e of

Sco

res

Justi

ficati

on fo

r Sco

re

Hi

gh (3

) M

ediu

m (2

) Lo

w (1

) 4A

Av

erag

e pr

opor

tion

of N

AB’s

ope

ratin

g ex

pend

iture

al

loca

ted

to p

ublic

ou

trea

ch a

nd

prev

entio

n du

ring

past

3 y

ears

Abov

e 1%

of N

AB’s

op

erat

ing

expe

nditu

re

Betw

een

0.5%

an

d 1%

of N

AB’s

op

erat

ing

expe

nditu

re

Belo

w 0

.5%

of

NAB

’s o

pera

ting

expe

nditu

re

Awar

enes

s an

d Pr

even

tion

is al

loca

ted

abou

t 10%

of N

AB’s

bud

get o

utla

y. A

n ex

tens

ive

publ

ic o

utre

ach

prog

ram

is c

arrie

d ou

t eac

h fin

anci

al y

ear.

So

urce

: Int

ervi

ew w

ith N

AB Offi

cial

s

4B

NAB

’s c

orru

ptio

n pr

even

tion

initi

ativ

es d

urin

g pa

st 3

yea

rs

Man

y co

rrup

tion

prev

entio

n in

itiat

ives

(ave

rage

of

3 o

r mor

e pe

r ye

ar)

Som

e co

rrup

tion

prev

entio

n in

itiat

ives

(a

vera

ge o

f 1-2

pe

r yea

r)

NAB

initi

ated

fe

w o

r no

corr

uptio

n pr

even

tion

initi

ativ

es

Follo

win

g co

rrup

tion

prev

entio

n in

itiati

ves

have

bee

n ta

ken

by N

AB a

t Fe

dera

l and

Pro

vinc

ial L

evel

•F

orm

ulati

on o

f Pr

even

tion

Com

mitt

ees:

26

prev

entio

n Co

mm

ittee

s ha

ve

been

con

stitu

ted

at F

eder

al a

s wel

l as P

rovi

ncia

l Lev

el.

•Mon

itorin

g of

Ten

der A

dvertis

emen

ts.

•Cha

ract

er B

uild

ing

Soci

eties

. Con

stitutio

n of

cha

ract

er b

uild

ing

soci

eties

to

enha

nce

awar

enes

s th

roug

h ed

ucati

on

and

char

acte

r bu

ildin

g w

ith

educ

ation

al

insti

tutio

ns

such

as

U

nive

rsity

of

En

gine

erin

g Te

chno

logy

, La

hore

, Al

ham

ra A

rts

Coun

cil,

Laho

re,

Laho

re U

nive

rsity

of

Man

agem

ent

Scie

nces

. etc

. •

Printin

g of

Mes

sage

“ S

ay n

o to

Cor

rupti

on”

• Im

plem

entatio

n o

f Nati

onal

Anti

-Cor

rupti

on S

trat

egy

In s

uppo

rt o

f th

e N

ACS

reco

mm

enda

tions

, TI

, Pa

kist

an h

ad d

esig

ned

a Co

ntra

ct E

valu

ation

For

m, f

or th

e Im

plem

entatio

n of

the

Publ

ic P

rocu

rem

ent

Rule

s 20

04 in

all

the

Fede

ral G

over

nmen

t Pro

curin

g Ag

enci

es. T

his

form

is to

be

subm

itted

to N

AB b

y al

l pub

lic p

rocu

ring

agen

cies

for a

ll te

nder

s wor

th R

s. 50

mill

ion

and

abov

e.

{{ Sou

rce:

NAB

Ann

ual R

epor

t 201

5 pp

. 73-

116

NAB

Con

trac

t Eva

luati

on F

orm

, htt

p://

tran

spar

ency

.org

.pk/

docu

men

ts/N

AB%

20Ev

alua

tion%

20Re

port

%20

Form

.pdf

Anti-C

orruption Agency S

trengthening Initiative 20

16

57

4C

Num

ber o

f rev

iew

s of

org

aniza

tiona

l pr

oced

ures

, sy

stem

s &

capa

bilit

ies

cond

ucte

d by

NAB

to

pre

vent

co

rrup

tion

durin

g pa

st 3

yea

rs

Man

y re

view

s w

ere

cond

ucte

d (r

elat

ive

to n

o. o

f or

gani

zatio

ns in

ju

risdi

ctio

n)

A su

bsta

ntia

l nu

mbe

r of r

evie

ws

wer

e co

nduc

ted

(rel

ativ

e to

no.

of

orga

niza

tions

in

juris

dict

ion)

Few

or n

o re

view

s wer

e co

nduc

ted

(rel

ativ

e to

no.

of

orga

niza

tions

in

juris

dict

ion)

Revi

ews

of 1

1 or

gani

zatio

n’s

proc

edur

al s

yste

ms

have

bee

n co

nduc

ted

and

reco

mm

enda

tions

ha

ve

been

fo

rwar

ded

to

conc

erne

d de

part

men

ts,

incl

udin

g Ca

pita

l Dev

elop

men

t Au

thor

ity (

CDA,

Chi

ef C

omm

issio

ner

Offi

ce

(ICT)

, Fed

eral

Boa

rd o

f Rev

enue

rega

rdin

g ta

x ev

asio

n, M

inist

ry o

f Rel

igio

us

Affai

rs, r

efor

mati

on in

pha

rmac

eutic

al e

valu

ation

and

regi

stratio

n di

visio

n –

Drug

Reg

ulat

ory

Auth

ority

of P

akist

an.

Sour

ce: I

nter

view

with

NAB

Offi

cial

s

4D

Freq

uenc

y of

in

clud

ing

corr

uptio

n pr

even

tion

reco

mm

enda

tions

in

NAB

’s

inve

stig

atio

n re

port

s dur

ing

past

3

year

s

Freq

uent

ly

Som

etim

es

Not

at a

ll Re

com

men

datio

ns a

re n

ot a

par

t of N

AB’s

inve

stigatio

n re

port

s. T

here

fore

, th

is in

dica

tor c

anno

t be

rate

d.

Sour

ce: I

nter

view

with

NAB

Offi

cial

s

4E

NAB

’s p

lan

for

prev

entio

n,

educ

atio

n an

d ou

trea

ch a

nd it

s im

plem

entatio

n

Com

preh

ensiv

e an

d cl

ear p

lan

whi

ch is

im

plem

ente

d an

d ac

cess

ible

The

plan

for

prev

entio

n,

educ

atio

n an

d ou

trea

ch

exist

s but

not

im

plem

ente

d fu

lly

Ther

e is

no o

r a

wea

k pl

an fo

r pr

even

tion,

ed

ucati

on a

nd

outr

each

activ

ities

NAB

dev

elop

s a c

ompr

ehen

sive

plan

for A

war

enes

s & P

reve

ntion

eac

h ye

ar.

How

ever

, the

pla

n is

not

alw

ays

impl

emen

ted

fully

. Onl

y th

e pl

an fo

r ye

ar

2016

was

shar

ed.

So

urce

: Int

ervi

ew w

ith N

AB Offi

cial

s

Ant

i-C

orru

ptio

n A

genc

y S

tren

gthe

ning

Ini

tiat

ive

20

16

58

4F

NAB

’s c

olla

bora

tion

with

oth

er

stak

ehol

ders

in

prev

entio

n,

educ

atio

n an

d ou

trea

ch a

ctiv

ities

High

deg

ree

of

colla

bora

tion

with

thre

e or

m

ore

join

t pr

ojec

ts

Som

e de

gree

of

colla

bora

tion

with

on

e or

two

join

t pr

ojec

ts

Litt

le o

r no

colla

bora

tion

with

oth

er

stak

ehol

ders

NAB

col

labo

rate

s w

ith o

ther

sta

keho

lder

s. I

t is

also

col

labo

ratin

g w

ith t

he

prov

inci

al g

over

nmen

ts a

nd P

PRA

for

prev

entio

n. In

add

ition

, a c

omic

sto

ry

book

“Go

gi S

ays

NO

to C

orru

ption

” ha

s be

en p

ublis

hed

in c

olla

boratio

n w

ith

Asia

n De

velo

pmen

t Ba

nk.

How

ever

, N

AB h

as w

orke

d on

a f

ew s

ubst

antia

l jo

int

proj

ects

in

prev

entio

n, e

duca

tion

and

outr

each

act

iviti

es i

nclu

ding

pu

tting

up

the

sloga

n of

Say

No

to C

orru

ption

on

utilit

y bi

lls, A

TMs,

ban

ners

an

d st

ande

es.

Sour

ce: I

nter

view

with

NAB

Offi

cial

s N

AB A

nnua

l Rep

ort 2

015

pp.7

5-11

5

4G

NAB

's re

sear

ch a

nd

expl

orat

ion

of

corr

uptio

n ris

ks, c

onte

xt a

nd

cond

ition

s

Exte

nsiv

e us

e of

re

sear

ch, t

o de

velo

p ris

k as

sess

men

ts a

nd

sect

oral

co

rrup

tion

prof

iles

Som

e de

gree

of

rese

arch

to

deve

lop

risk

asse

ssm

ents

an

d se

ctor

al

corr

uptio

n pr

ofile

s

Litt

le o

r no

disc

erni

ble

inde

pend

ent

rese

arch

car

ried

out b

y th

e N

AB

Onl

y a

few

inde

pend

ent r

esea

rch

stud

ies

have

bee

n co

nduc

ted

by N

AB. N

AB

Kara

chi h

as c

ompl

eted

two

prev

entio

n st

udie

s und

er 3

3C o

f NAO

199

9.

Sour

ce: I

nter

view

with

NAB

Offi

cial

s

4H

NAB

’s

diss

emin

atio

n of

co

rrup

tion

prev

entio

n in

form

atio

n an

d us

e of

cam

paig

ns

Exte

nsiv

e di

ssem

inat

ion

of

corr

uptio

n pr

even

tion

and

relia

nce

on

cam

paig

ns

Lim

ited

diss

emin

atio

n of

co

rrup

tion

prev

entio

n in

form

atio

n an

d re

lianc

e on

ca

mpa

igns

Does

not

di

ssem

inat

e co

rrup

tion

prev

entio

n in

form

atio

n or

re

ly o

n ca

mpa

igns

Ther

e ha

s be

en a

n ex

tens

ive

diss

emin

atio

n of

cor

rupti

on p

reve

ntio

n an

d re

lianc

e on

cam

paig

ns o

n pa

rt o

f N

AB.

Num

erou

s in

itiati

ves

have

bee

n ta

ken

such

as

Char

acte

r Bui

ldin

g So

cieti

es a

re fo

rmed

acr

oss

the

coun

try

in

educ

ation

al i

nstit

ution

s. A

nti-c

orru

ption

day

s an

d w

eeks

are

cel

ebra

ted.

O

ther

suc

h ex

ampl

es a

re s

emin

ars,

wal

ks,

acad

emic

com

petiti

ons,

med

ia

cam

paig

ns in

clud

ing

radi

o TV

and

new

spap

ers,

doc

umen

tarie

s, t

he s

loga

n of

Say

No

to C

orru

ption

on

utilit

y bi

lls, A

TMs,

ban

ners

and

stan

dees

. So

urce

: NAB

Ann

ual R

epor

t 201

5 pp

.75-

115

Nati

onal

Acc

ount

abili

ty B

urea

u: A

n In

depe

nden

t Re

view

of

Stru

ctur

e an

d Pe

rfor

man

ce.htt

p://

ww

w.p

ildat

.org

/Pub

licati

ons/

publ

icati

on/D

emoc

racy

&L

egSt

r/N

ation

alAc

coun

tabi

lityB

urea

uAnI

ndep

ende

ntRe

view

ofSt

ruct

urea

ndP

erfo

rman

ce.p

df

Anti-C

orruption Agency S

trengthening Initiative 20

16

59

4I

NAB

’s u

se o

f its

w

ebsit

e an

d so

cial

m

edia

for

diss

emin

atin

g in

form

atio

n on

co

rrup

tion

prev

entio

n

Exte

nsiv

e us

e of

its

web

site

and

soci

al

med

ia to

spre

ad

corr

uptio

n pr

even

tion

info

rmat

ion

Lim

ited

use

of it

s w

ebsit

e an

d so

cial

med

ia to

sp

read

co

rrup

tion

prev

entio

n in

form

ation

ACA

does

not

ha

ve a

web

site

and

does

not

rely

on

soci

al m

edia

to

spre

ad

corr

uptio

n pr

even

tion

info

rmat

ion

N

AB’s

web

site

shar

es p

ress

clip

ping

s, d

issem

inati

on a

ctivitie

s, i

nqui

ries,

re

cove

ries

and

case

s (w

ithou

t da

tes)

Ann

ual r

epor

t of

onl

y cu

rren

t ye

ar is

av

aila

ble

on th

e w

ebsit

e an

d re

port

s of t

he p

revi

ous y

ears

are

rem

oved

. Fa

cebo

ok p

age

of N

AB is

the

re b

ut n

ot v

ery

activ

e. T

here

is a

gap

of

two

year

s bet

wee

n of

pos

ts

Sour

ce: N

AB’s

Web

site

http:

//w

ww

.nab

.gov

.pk/

N

AB’s

Fac

eboo

k Pa

ge:

https

://w

ww

.face

book

.com

/Nati

onal

acco

unta

bilit

ybur

eau/

?fre

f=ts

In

terv

iew

with

Sta

keho

lder

s

Sub

Tota

l: 17

5 N

AB’

s Co

oper

atio

n w

ith

othe

r Org

aniz

atio

ns (5

indi

cato

rs)

Ant

i-C

orru

ptio

n A

genc

y S

tren

gthe

ning

Ini

tiat

ive

20

16

60

In

dica

tor

Rang

e of

Sco

res

Justi

ficati

on o

f Sco

re

Hi

gh (3

) M

ediu

m (2

) Lo

w (1

) 5A

Go

vern

men

t sup

port

(e

.g. A

ttorn

ey-

Gene

ral’s

Offi

ce,

Dire

ctor

of

Publ

ic P

rose

cutio

ns)

to N

AB fo

r pr

osec

utio

n of

co

rrup

tion

case

s

High

leve

l of s

uppo

rt

as re

flect

ed in

ab

senc

e of

in

terf

eren

ce a

nd

aver

age

pros

ecut

ion

rate

of a

bove

75

%

Mod

erat

e le

vel o

f su

ppor

t as

refle

cted

in so

me

inte

rfer

ence

and

av

erag

e pr

osec

utio

n ra

te

of 5

0% to

75%

Low

leve

l of

supp

ort a

s re

flect

ed in

su

bsta

ntia

l in

terf

eren

ce a

nd

aver

age

pros

ecut

ion

rate

of

bel

ow 5

0%

Pros

ecut

or G

ener

al o

f NAB

is h

ead

of P

rose

cutio

n Di

visio

n th

at is

ass

isted

by

the

Team

of L

egal

exp

erts

& p

rose

cuto

rs a

ll ov

er th

e co

untr

y. T

he

Pros

ecut

or G

ener

al N

AB h

as c

lose

coo

rdin

ation

with

Att

orne

y Ge

nera

l and

Ad

voca

te G

ener

al d

urin

g pr

osec

ution

of c

orru

ption

cas

es w

hen

questio

n of

la

w a

rises

. As p

er C

laus

e 19

of N

ation

al A

ccou

ntab

ility

Ord

inan

ce th

e Ch

airm

an N

AB m

ay

call

for i

nfor

mati

on fr

om a

ny p

erso

n fo

r the

pur

pose

of

satis

fyin

g hi

mse

lf, re

quire

any

per

son

to p

rodu

ce o

r del

iver

any

doc

umen

t or

thin

g us

eful

or r

elev

ant t

o th

e in

quiry

, exa

min

e an

y pe

rson

acq

uain

ted

with

the

fact

s and

circ

umst

ance

s, re

quire

any

ban

k or

fina

ncia

l instit

ution

, no

twith

stan

ding

any

thin

g co

ntai

ned

in a

ny o

ther

law

for t

he ti

me

bein

g in

fo

rce,

to p

rovi

de a

ny in

form

ation

relatin

g to

any

per

son.

In a

dditi

on, N

AB

may

seek

the

aid

and

assis

tanc

e of

any

[Gov

ernm

ent]

age

ncy

and

the

info

rmati

on so

col

lect

ed m

ay b

e us

ed a

s evi

denc

e in

the

tria

l.

Sour

ce: F

ocus

Gro

up d

iscus

sion

Inte

rvie

w w

ith N

AB Offi

cial

s N

ation

al A

ccou

ntab

ility

Ord

inan

ce 1

999,

w

ww

.nab

.gov

.pk/

Dow

nloa

ds/n

ao.a

sp

Sam

ad (2

008)

. Com

batin

g co

rrup

tion:

The

cas

e of

the

Nati

onal

Acc

ount

abili

ty B

urea

u, P

akist

an, J

OAA

G,

Vol.

3. N

o. 1

Anti-C

orruption Agency S

trengthening Initiative 20

16

61

5B

Coop

erat

ion

betw

een

NAB

and

ot

her i

nteg

rity

agen

cies

(inc

ludi

ng

othe

r ACA

s if t

here

ar

e m

ultip

le A

CAs i

n co

untr

y)

High

deg

ree

of

coop

erat

ion

betw

een

NAB

and

ot

her i

nteg

rity

agen

cies

Lim

ited

coop

erat

ion

betw

een

NAB

and

ot

her i

nteg

rity

agen

cies

Conf

lict a

nd/o

r la

ck o

f co

oper

atio

n be

twee

n N

AB

and

othe

r in

tegr

ity a

genc

ies

NAB

is t

he fo

cal a

genc

y fo

r co

ordi

natio

n of

wor

k of

all

ACAs

in t

he c

ount

ry.

Ther

e ar

e tw

o an

ti-co

rrup

tion

agen

cies

at

Fede

ral

Leve

l na

mel

y N

ation

al

Acco

unta

bilit

y Bu

reau

and

Fed

eral

Inv

estig

ation

Age

ncy.

A P

rovi

ncia

l An

ti-Co

rrup

tion

Esta

blish

men

t ex

ists

in e

ach

prov

ince

. Ch

airm

an N

AB h

as t

he

pow

er t

o se

ek f

ull

and

com

plet

e as

sista

nce

from

any

Dep

artm

ent

of t

he

Fede

ral

and

Prov

inci

al G

over

nmen

t an

d in

stitutio

n or

dep

artm

ent

in t

he

publ

ic s

ecto

r or

the

priv

ate

sect

or.

The

resp

onsib

ility

for

inq

uiry

int

o an

d in

vesti

gatio

n of

an

offen

ce o

f cor

rupti

on a

nd c

orru

pt p

racti

ces r

ests

sole

ly o

n N

AB t

o th

e ex

clus

ion

of a

ny o

ther

age

ncy

or a

utho

rity,

unl

ess

any

such

ag

ency

or

auth

ority

is

requ

ired

to d

o so

by

the

Chai

rman

NAB

. He

nce

all

othe

r int

egrit

y ag

enci

es h

ave

exce

llent

coo

peratio

n w

ith N

AB.

Sour

ce: I

nter

view

with

NAB

Offi

cial

s

5C

Coop

erat

ion

betw

een

NAB

and

no

n- g

over

nmen

t or

gani

zatio

ns

incl

udin

g CS

Os

and

priv

ate

com

pani

es

High

deg

ree

of

coop

erat

ion

betw

een

NAB

and

ot

her o

rgan

izatio

ns

incl

udin

g CS

Os a

nd

priv

ate

com

pani

es

Lim

ited

coop

erat

ion

betw

een

NAB

an

d ot

her

orga

niza

tions

Conf

lict a

nd/o

r la

ck o

f co

oper

atio

n be

twee

n N

AB

and

othe

r or

gani

zatio

ns

NAB

col

labo

rate

s w

ith a

lim

ited

num

ber

of C

SOs.

NAB

has

a w

orki

ng

relatio

nshi

p w

ith T

I Pak

istan

for i

nput

rega

rdin

g co

rrup

tion

com

mitt

ed w

ithin

th

e co

untr

y. F

urth

er,

NAB

may

dur

ing

the

cour

se o

f an

inqu

iry o

f an

offen

ce

unde

r N

AB O

rdin

ance

cal

l fo

r in

form

ation

fro

m a

ny p

erso

n, f

rom

any

de

part

men

t in

the

priv

ate

sect

or, b

anks

or fi

nanc

ial i

nstit

ution

to p

rovi

de a

ny

info

rmati

on r

elati

ng t

o an

y pe

rson

who

soev

er,

incl

udin

g co

pies

of

entr

ies

mad

e in

a b

ank’

s or a

fina

ncia

l instit

ution

’s b

ooks

such

as

ledg

ers,

day

boo

ks,

cash

bo

oks

and

all

othe

r bo

oks

incl

udin

g re

cord

of

in

form

ation

an

d tr

ansa

ction

s sa

ved

in e

lect

roni

c or

dig

ital

form

, an

d th

e ke

eper

s of

suc

h bo

oks o

r rec

ords

shal

l be

oblig

ed to

certif

y th

e co

pies

.

Sour

ce: I

nter

view

with

NAB

Offi

cial

s In

terv

iew

s with

Sta

keho

lder

s

Ant

i-C

orru

ptio

n A

genc

y S

tren

gthe

ning

Ini

tiat

ive

20

16

62

5D

NAB

’s

part

icip

atio

n in

in

tern

atio

nal

netw

orks

Very

act

ive

with

N

AB p

artic

ipat

ing

in

3 o

r mor

e ne

twor

ks

Activ

e w

ith N

AB

part

icip

atin

g in

1 o

r 2

netw

orks

NAB

doe

s not

pa

rtic

ipat

e in

an

y N

etw

ork

NAB

’s p

artic

ipati

on i

n th

e In

tern

ation

al A

nti-C

orru

ption

Org

aniza

tion

and

initi

ative

s is a

s und

er:

a.

Uni

ted

Nati

ons C

onve

ntion

aga

inst

Cor

rupti

on (U

NCA

C)

b.

Inte

rnati

onal

Ass

ociatio

n of

Anti

-Cor

rupti

on A

utho

rities

(IAN

AB)

c.

ADB-

OEC

D An

ti-Co

rrup

tion

Initi

ative

for A

sia P

acifi

c.

d.

Asia

Pac

ific

Grou

p on

Mon

ey L

aund

erin

g (A

PG)

e.

OIC

Anti

-Cor

rupti

on a

nd E

nhan

cing

Inte

grity

For

um (A

CEIF

) f.

Inte

rnati

onal

Anti

-Cor

rupti

on C

onfe

renc

e (IA

CC)

g.

Glob

al F

orum

on

Figh

ting

Corr

uptio

n an

d sa

fegu

ardi

ng In

tegr

ity.

h.

Inte

rnati

onal

Anti

-Cor

rupti

on A

cade

my

(INAB

) Aus

tria

. I.

ECO

Reg

iona

l Ce

ntre

for

Coo

peratio

n of

Anti

-Cor

rupti

on

Agen

cies

and

Om

buds

men

(RCC

ACO

) S

ourc

e: In

terv

iew

with

NAB

Offi

cial

s M

edia

Re

port

: htt

ps:/

/ww

w.th

enew

s.co

m.p

k/pr

int/

5933

0-un

cac-

team

-to-

visit

-pak

istan

-nex

t-m

onth

N

AB P

ress

Rel

ease

: htt

p://

ww

w.n

ab.g

ov.p

k/PR

ESS/

NEW

.ASP

?107

3

5E

NAB

’s c

oope

ratio

n w

ith

ACAs

in o

ther

co

untr

ies

High

deg

ree

of

coop

erat

ion

with

jo

int p

roje

cts a

nd

tech

nica

l as

sista

nce

with

se

vera

l AC

As i

n ot

her

coun

trie

s

Lim

ited

coop

erat

ion

in

som

e ar

eas w

ith

one

or tw

o AC

As

in o

ther

cou

ntrie

s

No

coop

erat

ion

betw

een

NAB

an

d AC

As i

n ot

her c

ount

ries

NAB

has

bee

n co

oper

ating

with

mem

ber

coun

trie

s th

at h

ave

mut

ual

lega

l as

sista

nce

and

extr

aditi

on tr

eatie

s w

ith P

akist

an. M

OU

s ar

e be

ing

signe

d w

ith

Chin

a an

d M

alay

sia afte

r Cab

inet

app

rova

l. In

add

ition

, it i

s co

llabo

ratin

g w

ith

SAAR

C co

untr

ies

at r

egio

nal

leve

l an

d U

nite

d N

ation

s Offi

ce o

n Dr

ugs

and

Crim

e (U

NO

DC) i

n th

eir e

ffort

s in

com

batin

g co

rrup

tion.

Th

e fir

st e

ver

two-

day

sem

inar

on

Anti-

Corr

uptio

n fo

r SA

ARC

ACAs

was

co

nduc

ted

in S

epte

mbe

r 201

6 in

Isla

mab

ad.

At t

he s

emin

ar,

NAB

pro

pose

d th

e fo

rmati

on o

f an

initia

tive,

SAA

RC A

nti-

Corr

uptio

n Fo

rum

. The

pro

posa

l was

acc

epte

d by

the

oth

er c

ount

ries.

NAB

’s

Chai

rman

was

nom

inat

ed a

s the

firs

t Cha

irman

of t

he S

AARC

foru

m.

Sour

ce: I

nter

view

with

NAB

Offi

cial

s N

ews

Repo

rt:

http:

//pp

inew

sage

ncy.

com

/saa

rc-c

ount

ries-

agre

ed-o

n-sa

arc-

anti-

corr

uptio

n-fo

rum

-cha

irman

-nab

/

Sub

Tota

l: 13

6. N

AB’

s A

ccou

ntab

ility

and

Ove

rsig

ht (4

indi

cato

rs)

Anti-C

orruption Agency S

trengthening Initiative 20

16

63

In

dica

tor

Rang

e of

Sco

res

Justi

ficati

on o

f Sco

re

Hi

gh (3

) M

ediu

m (2

) Lo

w (1

) 6A

In

form

atio

n pr

ovid

ed in

and

ac

cess

ibili

ty o

f N

AB’s

ann

ual

repo

rt a

nd w

ebsit

e

Com

preh

ensiv

e in

form

atio

n on

NAB

is

prov

ided

in a

nnua

l re

port

and

web

site;

su

bmitt

ed to

Pa

rliam

ent a

nd e

asily

ac

cess

ible

to th

e pu

blic

Lim

ited

info

rmat

ion

on

NAB

is p

rovi

ded

in

annu

al re

port

and

w

ebsit

e; su

bmitt

ed

to P

arlia

men

t bu

t not

eas

ily

acce

ssib

le to

the

publ

ic

Subm

its a

nnua

l re

port

to

gove

rnm

ent b

ut

is no

t ava

ilabl

e to

the

publ

ic

Com

preh

ensiv

e in

form

atio

n on

NAB

is

prov

ided

in

its a

nnua

l re

port

and

w

ebsit

e; su

bmitt

ed to

the

Pres

iden

t and

eas

ily a

cces

sible

to th

e pu

blic

. So

urce

: NAB

Ann

ual R

epor

t 201

5 N

AB’s

web

site,

htt

p://

ww

w.n

ab.g

ov.p

k/

Inte

rvie

w w

ith S

take

hold

ers

6B

NAB

’s o

vers

ight

M

echa

nism

O

vers

ight

co

mm

ittee

s with

ac

tive

part

icip

atio

n by

Mem

bers

of

Parli

amen

t, se

nior

ci

vil s

erva

nts a

nd

prom

inen

t ci

tizen

s

Ove

rsig

ht

com

mitt

ees w

ith

Mem

bers

of

Parli

amen

t and

/or

seni

or c

ivil

serv

ants

as

mem

bers

Acco

unta

ble

to

Exec

utiv

e w

ithou

t any

ov

ersig

ht

com

mitt

ee

The

ind

icat

or c

anno

t be

rat

ed a

s no

ext

erna

l ac

coun

tabi

lity

mec

hani

sm

exist

s to

mon

itor i

ts a

ction

s. B

ut th

e hi

gher

cou

rts

have

bee

n ex

erci

sing

thei

r su

perv

isory

jur

isdictio

n an

d po

wer

of

juris

dicti

on r

evie

w w

hene

ver

NAB

tr

ansg

ress

es it

s lim

its.

Sour

ce:

Tran

spar

ency

Int

erna

tiona

l, Pa

kist

an N

ation

al I

nteg

rity

Syst

em,

Coun

try

Repo

rt 2

014,

pp.

170

Ant

i-C

orru

ptio

n A

genc

y S

tren

gthe

ning

Ini

tiat

ive

20

16

64

6C

NAB

’s p

roce

dure

fo

r dea

ling

with

co

mpl

aint

s aga

inst

N

AB p

erso

nnel

Com

plai

nts a

gain

st

NAB

per

sonn

el a

re

inve

stig

ated

by

anot

her p

ublic

ag

ency

to a

void

co

nflic

t of i

nter

est

and

resu

lts o

f in

vest

igat

ion

and

puni

shm

ent i

mpo

sed

are

publ

iciz

ed

Com

plai

nts

agai

nst N

AB

pers

onne

l are

in

vest

igat

ed b

y its

in

tern

al c

ontr

ol

unit

but r

esul

ts o

f in

vest

igat

ion

and

puni

shm

ent a

re

not p

ublic

ized

Com

plai

nts

agai

nst N

AB

pers

onne

l are

ig

nore

d an

d/or

no

t inv

estig

ated

w

ithou

t any

ex

plan

atio

n

NAB

has

dev

ised

a st

rong

Int

erna

l Ac

coun

tabi

lity

Mec

hani

sm (

IAM

). A

Sepa

rate

cel

l, In

telli

genc

e an

d Vi

gila

nce

/ Su

rvei

llanc

e ha

s be

en e

stab

lishe

d w

ithin

th

e or

gani

zatio

n w

hich

co

ntinu

ously

m

onito

rs

the

activ

ities

of

em

ploy

ees.

All

com

plai

nts

relatin

g to

cor

rupt

pra

ctice

s by

em

ploy

ees

of N

AB

are

mon

itore

d an

d in

vesti

gate

d by

this

Cell.

N

AB t

akes

cog

niza

nce

of c

ases

of

corr

upt

practic

e by

its

ow

n em

ploy

ees

unde

r N

AB O

rdin

ance

. Offi

cers

fou

nd i

nvol

ved

in c

orru

pt p

racti

ces

are

imm

edia

tely

sus

pend

ed a

nd n

ot a

llow

ed t

o w

ork

anym

ore.

Ind

epen

dent

in

quiry

is c

ondu

cted

and

if a

n em

ploy

ee is

foun

d gu

ilty,

ref

eren

ce is

file

d in

th

e Ac

coun

tabi

lity

Cour

t lik

e an

y ot

her

pers

on a

ccus

ed o

f co

rrup

tion.

NAB

ha

s fil

ed a

ref

eren

ce w

ith t

he a

ccou

ntab

ility

cou

rt o

f Is

lam

abad

aga

inst

its

thre

e fo

rmer

per

sonn

el,

incl

udin

g tw

o fo

rmer

dire

ctor

s ge

nera

l on

the

ch

arge

of

misu

sing

auth

ority

in

a la

nd d

isput

e ca

se i

nvol

ving

bill

ions

of

rupe

es.

Ther

e is

a co

de o

f con

duct

whi

ch m

akes

it o

blig

ator

y on

its

empl

oyee

s to

be

high

ly e

thic

al a

nd st

rive

for e

xcel

lenc

e in

per

form

ance

of t

heir

dutie

s.

Inte

rvie

w w

ith N

AB Offi

cial

s So

urce

: M

edia

Rep

ort:

https

://w

ww

.daw

n.co

m/n

ews/

1249

471/

refe

renc

e-fil

ed-a

gain

st-t

hree

-ex-

nab-

office

rs A

cces

sed

Oct

ober

10,

201

6 Co

de o

f Con

duct

and

Eth

ics’

,htt

p://

ww

w.n

ab.g

ov.p

k/Do

wnl

oads

/ Co

de_o

f_Co

nduc

t.asp

6D

Out

com

es o

f co

mpl

aint

s aga

inst

N

AB o

r its

per

sonn

el

in p

ast 3

yea

rs

All v

alid

com

plai

nts

agai

nst N

AB

pers

onne

l res

ult i

n pu

nish

men

t or o

ther

re

med

ies,

and

ou

tcom

es p

ublic

ized

Som

e va

lid

com

plai

nts a

gain

st

NAB

per

sonn

el

resu

lt in

pu

nish

men

t or

othe

r rem

edie

s,

and

outc

ome

is pu

blic

ized

Com

plai

nts

invo

lvin

g N

AB

pers

onne

l ar

e ig

nore

d an

d n

ot

inve

stig

ated

at a

ll

In 2

013,

NAB

too

k actio

n ag

ains

t its

cur

rent

Cha

irman

in

NIC

L m

ega

corr

uptio

n sc

am. D

iscip

linar

y pr

ocee

ding

s w

ere

laun

ched

aga

inst

at

leas

t 83

offi

cers

in th

e la

st th

ree

year

s an

d 60

out

of t

hose

cas

es h

ave

been

fina

lized

al

ong

with

22

maj

or p

enaltie

s, 3

4 m

inor

pen

altie

s an

d fo

ur e

xone

ratio

n.

Out

com

es o

f the

se c

ompl

aint

s ar

e pu

blic

ized

So

urce

: Tr

ansp

aren

cy

Inte

rnati

onal

, Pa

kist

an

Nati

onal

In

tegr

ity

Syst

em,

Coun

try

Repo

rt 2

014,

pp.

160

htt

p://

ww

w.b

aagh

i.tv/

nab-

laun

ches

-inve

stigatio

n-ag

ains

t-its

-ow

n-offi

cial

/May

17,

201

6 In

terv

iew

with

NAB

Offi

cial

s C

ode

of C

ondu

ct a

nd E

thic

s htt

p://

tran

spar

ency

.org

.pk/

docu

men

ts/n

is14.

pdf

Page

No.

172

NIS

Rep

ort

Sub

Tota

l: 8

7. P

ublic

Per

cept

ions

of t

he N

AB’

s Pe

rfor

man

ce (7

indi

cato

rs)

Anti-C

orruption Agency S

trengthening Initiative 20

16

65

In

dica

tor

Rang

e of

Sco

res

Justi

ficati

on fo

r Sco

res

Hi

gh (3

) M

ediu

m (2

) Lo

w (1

) 7A

Pu

blic

con

fiden

ce

that

gov

ernm

ent h

as

give

n N

AB th

e re

quire

d po

wer

s an

d re

sour

ces f

or

curb

ing

corr

uptio

n

High

leve

l of

conf

iden

ce a

s re

flect

ed in

surv

ey

findi

ng (a

bove

75%

) an

d vi

ews o

f NAB

se

nior

per

sonn

el,

CSO

lead

ers,

ant

i-co

rrup

tion

expe

rts

and

jour

nalis

ts

Mod

erat

e le

vel o

f co

nfid

ence

as

refle

cted

in su

rvey

fin

ding

(50%

-75%

) an

d vi

ews o

f NAB

se

nior

per

sonn

el,

CSO

lead

ers,

ant

i-co

rrup

tion

expe

rts

and

jour

nalis

ts

Low

leve

l of

conf

iden

ce a

s re

flect

ed in

su

rvey

find

ing

(bel

ow 5

0%) a

nd

view

s of N

AB

seni

or p

erso

nnel

, CS

O le

ader

s,

anti-

cor

rupt

ion

expe

rts a

nd

jour

nalis

ts

The

publ

ic b

elie

ves

that

NAB

has

bee

n gi

ven

nece

ssar

y po

wer

s. H

owev

er, i

t is

perc

eive

d th

at

NAB

is

not

exer

cisin

g th

ese

pow

ers

fully

. N

AB

is an

in

depe

nden

t fe

dera

l exe

cutiv

e ag

ency

of t

he G

over

nmen

t of

Pak

istan

and

as

such

enj

oys

wid

e fin

anci

al a

uton

omy.

Fin

anci

al a

utho

rity

of N

AB li

es w

ith it

s Ch

airm

an, w

ho is

resp

onsib

le fo

r the

exp

endi

ture

incu

rred

aga

inst

the

budg

et

gran

t. In

add

ition

, th

ere

is no

res

trictio

n or

ext

erna

l su

perv

ision

on

NAB

’s

functio

nal p

ower

s and

aut

horit

y.

Sour

ces:

Foc

us G

roup

Disc

ussi

on

Nati

onal

Inte

grity

Sys

tem

, Cou

ntry

Rep

ort

2014

, Tra

nspa

renc

y In

tern

ation

al-

Paki

stan

pp.

162

&16

3

7B

Publ

ic c

onfid

ence

in

NAB

’s a

dher

ence

to

due

pro

cess

, im

part

ialit

y, a

nd

fairn

ess i

n us

ing

its

pow

ers

High

leve

l of

conf

iden

ce a

s re

flect

ed in

surv

ey

findi

ng (a

bove

75

%) a

nd v

iew

s of

NAB

seni

or

pers

onne

l, CS

O

lead

ers,

ant

i-co

rrup

tion

expe

rts

and

jour

nalis

ts

Mod

erat

e le

vel o

f co

nfid

ence

as

refle

cted

in su

rvey

fin

ding

(50%

- 75

%)

and

view

s of

NAB

sen

ior

pers

onne

l, CS

O

lead

ers,

ant

i- co

rrup

tion

expe

rts a

nd

jour

nalis

ts

Low

leve

l of

conf

iden

ce a

s re

flect

ed in

su

rvey

find

ing

(bel

ow 5

0%)

and

view

s of

NAB

seni

or

pers

onne

l, CS

O

lead

ers,

ant

i- co

rrup

tion

expe

rts a

nd

jour

nalis

ts

As c

ompa

red

to o

ther

anti

-cor

rupti

on e

stab

lishm

ents

in th

e co

untr

y N

AB w

as

perc

eive

d be

tter

in

term

s of

adh

eren

ce t

o du

e pr

oces

s, i

mpa

rtial

ity,

and

fairn

ess

in u

sing

its p

ower

s by

the

key

sta

keho

lder

s co

nsul

ted

for

the

rese

arch

. Ho

wev

er,

they

sha

red

seve

ral

inst

ance

s of

irr

egul

ariti

es i

n N

AB’s

pr

oces

ses w

hich

mad

e th

em p

erce

ive

NAB

as u

nfai

r in

its u

se o

f pow

ers.

So

urce

: Foc

us G

roup

Disc

ussio

n In

terv

iew

with

stak

ehol

ders

Ant

i-C

orru

ptio

n A

genc

y S

tren

gthe

ning

Ini

tiat

ive

20

16

66

7C

Conf

iden

ce in

N

AB’s

ad

here

nce

to d

ue

proc

ess,

im

part

ialit

y, a

nd

fairn

ess i

n us

ing

its

pow

ers,

am

ong

pers

ons w

ho h

ad

dire

ct c

onta

ct w

ith

NAB

High

leve

l of

conf

iden

ce a

s re

flect

ed

in su

rvey

find

ing

(abo

ve 7

5%) a

nd

view

s of N

AB se

nior

pe

rson

nel,

CSO

le

ader

s, jo

urna

lists

an

d, if

pos

sible

, pe

rson

s with

dire

ct

cont

act w

ith N

AB

Mod

erat

e le

vel o

f co

nfid

ence

as

refle

cted

in

surv

ey fi

ndin

g (5

0%-7

5%) a

nd

view

s of N

AB

seni

or p

erso

nnel

, CS

O le

ader

s,

jour

nalis

ts a

nd, i

f po

ssib

le, p

erso

ns

with

dire

ct c

onta

ct

with

NAB

Low

leve

l of

conf

iden

ce a

s re

flect

ed in

su

rvey

fin

ding

(bel

ow

50%

) with

dire

ct

cont

act w

ith

NAB

The

rese

arch

tea

m c

ould

mee

t on

ly a

few

per

sons

with

dire

ct c

onta

ct w

ith

NAB

. Th

eref

ore,

the

sam

ple

was

too

sm

all

to g

ener

aliz

e th

e re

spon

ses.

In

additio

n, th

e vi

ews

of th

e ac

cuse

d pe

rson

s m

ay b

e bi

ased

and

may

not

refle

ct

NAB

’s a

ctua

l effe

ctive

ness

. Hen

ce th

e in

dica

tor i

s not

rate

d.

7D

Conf

iden

ce in

N

AB's

dign

ified

and

re

spec

tful

tr

eatm

ent o

f pe

rson

s und

er

inve

stig

atio

n

High

leve

l of

conf

iden

ce a

s re

flect

ed in

the

view

s of

NAB

sen

ior

pers

onne

l, CS

O

lead

ers,

jour

nalis

ts

and

pers

ons s

ubje

ct

to in

vest

igat

ion,

if

poss

ible

Mod

erat

e le

vel o

f co

nfid

ence

as

refle

cted

in v

iew

s of

NAB

sen

ior

pers

onne

l, CS

O

lead

ers,

jo

urna

lists

and

pe

rson

s su

bjec

t to

inve

stig

atio

n, if

po

ssib

le

Low

leve

l of

conf

iden

ce a

s re

flect

ed in

vie

ws

of N

AB s

enio

r pe

rson

nel,

CSO

le

ader

s,

jour

nalis

ts a

nd

pers

ons s

ubje

ct

to in

vest

igat

ion,

if

poss

ible

Mor

e pr

ofes

siona

lism

nee

ds t

o be

exh

ibite

d by

NAB

’s s

taff.

It

has

been

re

port

ed b

y se

vera

l key

sta

keho

lder

s, c

onsu

lted

for

the

rese

arch

, th

at N

AB

offici

als d

ispla

yed

lax

and

unpr

ofes

siona

l atti

tude

on

thei

r visi

t to

NAB

’s offi

ce.

Furt

herm

ore,

it w

as s

hare

d th

at a

ll pe

rson

s ca

lled

wer

e m

ade

to w

ait

in o

ne

room

onl

y, a

pra

ctice

not

con

duci

ve to

ens

urin

g co

nfide

ntial

ity a

nd p

rivac

y.

NAB

’s n

otice

s, r

eque

sting

peo

ple

calle

d fo

r pr

esen

ting

evid

ence

in

case

s un

der

inve

stigatio

n, s

tate

: “Yo

u ar

e in

form

ed t

hat

faili

ng t

o co

mpl

y w

ith t

he

notic

e m

ay e

ntai

l pen

al c

onse

quen

ces

as p

rovi

ded

in S

.2 o

f th

e sc

hedu

le o

f N

AO, 1

999.

” So

urce

: Foc

us G

roup

Disc

ussio

n In

terv

iew

s with

stak

ehol

ders

Anti-C

orruption Agency S

trengthening Initiative 20

16

67

7E

Publ

ic p

erce

ptio

n of

N

AB’s

effe

ctiv

enes

s in

cor

rupt

ion

cont

rol

High

leve

l of

effe

ctiv

enes

s as

refle

cted

in

surv

ey fi

ndin

g (a

bove

75%

) and

vi

ews o

f CSO

le

ader

s, a

nti-

corr

uptio

n ex

pert

s and

jo

urna

lists

Mod

erat

e le

vel

of e

ffect

iven

ess

as re

flect

ed in

su

rvey

find

ing

(50%

-75%

) an

d vi

ews o

f CSO

le

ader

s,

anti-

corr

uptio

n ex

pert

s and

jo

urna

lists

Low

leve

l of

effe

ctiv

enes

s as

refle

cted

in

surv

ey fi

ndin

g (b

elow

50%

) an

d vi

ews o

f CS

O le

ader

s,

anti-

co

rrup

tion

expe

rts a

nd

jour

nalis

ts

As p

er T

I Pa

kist

an’s

Nati

onal

Cor

rupti

on P

erce

ption

Sur

vey,

201

0, N

AB i

s pe

rcei

ved

as m

ore

effectiv

e in

its r

ole

as c

ompa

red

to o

ther

ACA

s.

The

perc

eptio

n of

the

key

sta

keho

lder

s co

nsul

ted

for

the

rese

arch

also

co

nsid

ered

NAB

mor

e eff

ectiv

e. H

owev

er, t

he so

me

of th

e st

ake

hold

ers w

ere

of t

he v

iew

tha

t N

AB h

as b

een

give

n au

thor

ity a

nd p

ower

by

law

but

in

practic

e, th

ese

pow

ers a

re n

ot fu

lly util

ized.

So

urce

: Foc

us G

roup

Disc

ussio

n In

terv

iew

s with

Sta

keho

lder

s

7F

Perc

eptio

n of

NAB

’s

effe

ctiv

enes

s in

corr

uptio

n co

ntro

l am

ong

pers

ons

with

dire

ct c

onta

ct

with

NAB

High

leve

l of

effe

ctiv

enes

s as

refle

cted

in

surv

ey fi

ndin

g (a

bove

75%

) and

vi

ews o

f CSO

le

ader

s, a

nti-

corr

uptio

n ex

pert

s, jo

urna

lists

an

d pe

rson

s with

di

rect

con

tact

with

N

AB, i

f pos

sible

Mod

erat

e le

vel

of e

ffect

iven

ess

as re

flect

ed in

su

rvey

find

ing

(50%

-75%

) and

vi

ews o

f CSO

le

ader

s, a

nti-

corr

uptio

n ex

pert

s,

jour

nalis

ts a

nd

pers

ons w

ith

dire

ct c

onta

ct

with

NAB

, if

poss

ible

Low

leve

l of

effe

ctiv

enes

s as

refle

cted

in

surv

ey fi

ndin

g (b

elow

50%

) an

d vi

ews o

f CS

O le

ader

s,

anti-

co

rrup

tion

expe

rts,

jo

urna

lists

and

pe

rson

s with

di

rect

con

tact

w

ith N

AB, i

f po

ssib

le

The

rese

arch

tea

m c

ould

mee

t on

ly a

few

per

sons

with

dire

ct c

onta

ct w

ith

NAB

. Th

eref

ore,

the

sam

ple

was

too

sm

all

to g

ener

aliz

e th

e re

spon

se.

In

additio

n, th

e vi

ews

of th

e ac

cuse

d pe

rson

s m

ay b

e bi

ased

and

may

not

refle

ct

NAB

’s a

ctua

l effe

ctive

ness

. Hen

ce th

e in

dica

tor i

s not

rate

d.

Sour

ce: F

ocus

Gro

up D

iscus

sion

Ant

i-C

orru

ptio

n A

genc

y S

tren

gthe

ning

Ini

tiat

ive

20

16

68

7G

Perc

eptio

n of

N

AB’s

ef

fect

iven

ess i

n de

alin

g w

ith

com

plai

nts a

mon

g fe

mal

e ci

tizen

s w

ho h

ad d

irect

co

ntac

t with

NAB

High

leve

l of

effe

ctiv

enes

s as

refle

cted

in su

rvey

fin

ding

(abo

ve 7

5%)

and

view

s of C

SO

lead

ers,

anti

-co

rrup

tion

expe

rts,

jo

urna

lists

and

fe

mal

es w

ith d

irect

co

ntac

t with

NAB

if

poss

ible

Mod

erat

e le

vel o

f ef

fect

iven

ess a

s re

flect

ed in

surv

ey

findi

ng (5

0%-7

5%)

and

view

s of C

SO

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4. CONCLUSION AND RECOMMENDATIONSThe main �ndings of the assessment were based on a set of 50 indicators divided into seven di�erent dimensions. These indicators were designed to assess the capacity and e�ectiveness of NAB, and to identify gaps and areas of opportunity. Each indicator has been assigned one of three possible scores – high (3), moderate (2) and low (1), based on the level of standards set for each of the indicators. In order to arrive at the aggregate score for each dimension, the scores were converted from the 1-3 scale to a 0-2 scale. Thus, all (1) scores become (0), all (2) scores become (1) and all (3) scores become (2).

NAB has scored high in 49 per cent of the indicators assessed, moderate in 33 per cent of the indicators assessed, and low in 18 per cent of the indicators assessed. The �ndings indicate that two dimensions emerge out to be strong in NAB’s assessment: its Cooperation with other Organizations and Oversight and Accountability. NAB’s Perceptions of E�ectiveness is its weakest dimension scoring the lowest ranking.

RECOMMENDATIONS

Two sets of recommendations have been formulated. One set of recommendations are for the Government and the other set is for NAB itself.

RECOMMENDATIONS FOR GOVERNMENT

Recommendation 1

Revision in the following clauses of NAO :

i. Revision in Article 6 of the NAO

The clause of Article 6 of NAO 1999 should be revised to include wider range of options in terms of selection of Chairman NAB. The clause of Article 6 of NAO 1999 states “A person shall not be appointed as Chairman NAB unless he (i) is a retired Chief Justice or a Judge of the Supreme Court or a Chief Justice of a High Court, or (ii) is a retired o�cer of the Armed Forces of Pakistan equivalent to the rank of a Lieutenant General; or (iii) is a retired Federal Government O�cer in BPS 22 or equivalent92.”

Considering the complex nature of crimes in Pakistan, diverse expertise is needed on part of Chairman NAB. A combination of technical expertise, foreign exposure and experience in a managerial/administrative position may contribute signi�cantly to NAB’s strategic decisions and operation.

92 National Accountability Ordinance 1999, www.nab.gov.pk/Downloads/nao.asp

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The commissioners of Indonesia's ACA, Corruption Eradication Commission (Indonesian: Komisi Pemberantasan Korupsi (KPK), examined best practices in the private sector to develop a new human resources model for its o�ce. Amien Sunaryadi93 and Erry Hardjapemekas94 (Former Commissioners KPK) relied heavily not only on their own corporate experiences, foreign exposure and administrative capability, but also on the consultants they hired to create policies for strategic planning, �nance and human resource. Resultantly, Indonesia, where white-collar criminals had been mostly unpunished in the past, won back public’s con�dence owing to its 100 % conviction rate.

Article 6 should be revised to include the option of a technocrat having 35 years of administrative/judicial experience.

ii. Revision in Article 25 (b) of the NAO

As per Article 25 (b) of the NAO, an accused person charged for committing an o�ence of willful default on account of non-payment of dues to a bank/�nancial institution/Co-operative Society may apply to the Governor, State Bank of Pakistan for reconciliation of his liability through the Conciliation Committee. The Conciliation Committee comprises a nominee of the Governor, State Bank of Pakistan, two nominees of the NAB and two Chartered Accountants to be nominated by the Governor, State Bank of Pakistan. The conciliation must be concluded within a period of 30 days, subject to any extension of time granted by the Governor. Once an accused accepts the recommendations of the committee (provided the Governor, State Bank, and Chairman of the NAB also approve the same), the decision is implemented. Although, the Conciliation Committee provides a mechanism for settlement of loan defaults, mitigating apprehensions of the business community in this regard, the Committee proceedings have slowed down the process of accountability. For proceedings against employees of banks and �nancial institutions, NAB must �rst obtain the approval of the State Bank of Pakistan95.

In order to mitigate the potential of any bias in terms of the working of the Committee and to make its proceedings more judicious, it is recommended that there should also be nominees of Chief Justices, Supreme Court of Pakistan and Provincial High Courts in the Conciliation Committee.

iii. Revision in Article 31-C of the NAO

Article 31-C of the NAO 1999 states: “No Court established under this Ordinance shall take cognizance of an o�ence against an o�cer or an employee of a bank or �nancial institution for writing o�, waving, restructuring or re�nancing any �nancial facility, interest or mark-up without prior approval of the State Bank of Pakistan. Court to take cognizance of o�ence with prior approval of the State Bank.”

93 amien-sunaryadi, http://pro�l.merdeka.com/indonesia/a/amien-sunaryadi/94 Erry Riyana Hardjapamekas http://www.bloomberg.com/research/stocks/people/person.asp?personId=8251267&privcapId=87841395 National Accountability Bureau: An Independent Review of Structure and Performance http://www.pildat.org/Publications/publication/Democracy&LegStr/NationalAccountabilityBureauAnIndependent ReviewofStructureandPerformance.pdf

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Banking sector has been instrumental in the increasing rate of corrupt activities in the country. Several bank o�cials have been named in fraudulent cases. Also, many cases of willful bank defaulters have been reported to NAB in the past. Huge loans are sanctioned without proper securing of collateral96, and suspicious transactions are on a constant rise97. NAB itself has been working on prevention of corruption to curb the mal practices in the banking sector98.

Article 31-C should be deleted as it provides protection to corrupt bank o�cials and businessmen and hence, increases corruption in the country.

iv. The provision of Voluntary Return should be eliminated.

Article 25 a) of NAO 1999 states: “Notwithstanding anything contained in section 15 or in any other law for the time being in force, where a holder of public o�ce or any other person, prior to the authorization of investigation against him, voluntarily comes forward and o�ers to return the assets or gains acquired or made by him in the course, or as the consequence, of any o�ence under this Ordinance, the Chairman NAB may accept such o�er and after determination of the amount due from such person and its deposit with the NAB, discharge such person from all his liability in respect of the matter or transaction in issue. “

The provision of Voluntary Return is cited as one of the biggest criticisms on NAB as the accused gets away without the punishment by returning a relatively meager amount as compared to the original amount of embezzlement. Furthermore, after Voluntary Return, the accused have been known to be reappointed at the previously held position. Recently, the Supreme Court of Pakistan has restrained NAB from approving deals for voluntary return. There are several members of National and Provincial Assemblies and high-ranking government and autonomous organizations’ o�cers who are still holding respective o�ces despite committing corruption and have availed the VR facility of NAB and that too by paying a portion of the embezzled amount in installments99.

A certain extent of exemplary punishment needs to be there to serve as a lesson for others. Therefore, it is recommended that the provision of Voluntary Return should be eliminated.

v. The option of Plea Bargain should only be exercised for approver/s in a transparent manner, only when the main accused in a corruption case can be prosecuted on the approver’s confession.

The accused persons request a plea bargain under section 25 (b) of the National Accountability Ordinance (NAO) 1999 that states: “The accused o�ers to return to the NAB the assets or gains acquired or made by him in the course, or as a consequence, of any o�ence under this Ordinance, the Chairman NAB, may, in his discretion, after taking into consideration the facts and circumstances of the case, accept the o�er on such terms and conditions as he may consider necessary, and if the accused agrees

96 The Loan Default Drive, http://www.pakistaneconomist.com/issue1999/issue47/cover.htm97 Money Laundering and Financial Crimes http://www.state.gov/documents/organization/100922.pdf98 NAB tells Prevention of Fraudulent Practices in Banking Sectorhttp://lahoreworld.com/2013/01/04/nab-tells-prevention- of-fraudulent-practices-in-banking-sector/99 NAB chief barred from voluntary return deals, http://www.dawn.com/news/1292113/nab-chief-barred-from- voluntary-return-deals

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to return to NAB the amount determined by the Chairman NAB, he(the Chairman NAB) shall refer the case for the approval of the Court100.”

Across the world, the provision of plea bargain is considered as a potential solution to curb corruption such as clearing case backlogs or in case of prosecution of accused it would be lengthy and costly. However, the provision has resulted in inadvertent consequences, at the same time; including contributing to a negative public perception and boosting corrupt practices101. In Pakistan, the provision of Plea bargain has faced severe criticism in terms of its ethical and legal connotations. Exemplary penalization of the perpetrators of �nancial crimes is emphasized by the stakeholders and critics. Such criticism appears justi�ed as the country’s wealth has been “gobbled up by criminals.”

This is regardless of the fact that large amounts have been recovered through the plea bargain provisions102. To minimize the unintended consequences of plea bargaining, it is recommended that the option of Plea Bargain should only be exercised for approver/s in a transparent manner, only when the main accused in a corruption case can be prosecuted on the approver’s confession.

Recommendation 21% of Gross Domestic Product (GDP) should be allocated to NAB.

One of the best ACAs across the globe, Singapore’s Corrupt Practices Investigation Bureau (CPIB), has been allocated a budget of $34.87 million which is 8.6% of the Prime Minister O�ce’s total expenditure103. Similarly, The Independent Commission against Corruption (ICAC)’s budget accounts for 0.38% of the national budget. In Mongolia, the law prohibits any reduction of the budget for ACAs, compared with the year before which is an e�ective guarantee that demonstrates a continued political will towards helping ACAs conduct their work104.

The �ndings show that NAB is allocated below 0.10% of the total government’s expenditure. In a country such as Pakistan where corruption has continued to remain a huge menace and impediment in its way to growth and performance since its inception, a higher proportion of budget should be allocated to NAB to improve its system and procedures. NAB should request 1% of Gross Domestic Product (GDP) and chalk out a plan of spending it to improve further its e�ciency and e�ectiveness.

Recommendation 3An Oversight Committee should be formulated for NAB’s Accountability.

E�ective oversight is extremely crucial for NAB’s accountability for its actions and prevention of abuse of power. To give a brief overview of the best practices, the e�ectiveness of Independent Commission against Corruption (ICAC), Hong Kong’s ACA, lies with an elaborate check and balance system-the operations review

100 National Accountability Ordinance 1999101 Introducing Plea Bargaining into Post Con�ict Legal Systemshttp://inprol.org/sites/default/�les/publications/2014/introducing_plea_bargaining_0.pdf102 The Plea Bargain National Accountability Bureau Pakistan, http://www.icac.org.hk/newsl/issue14eng/button3.htm103 Singapore Budget 2013 - Expenditure Overview - Prime Minister's O�ce http://www.singaporebudget.gov.sg/budget_2013/expenditure_overview/pmo.html104 Comprehensive & E�ective Approach to Anti-Corruption, The Hong Kong ICAC Experience, with a View on New Approaches in the Fight Against Corruption

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committee, which is a high powered committee that reviews each and every report of corruption and investigation. In addition, there is an independent complaint committee where members of the public can lodge any complaint against the ACA and/or its o�cers and there will be an independent investigation.

ICAC also formulated multiple citizen advisory committees comprising eminent private citizens who are also authorized to review closed cases. Citizens perceived such nongovernmental oversight as comparatively neutral105.

The New South Wales’ ACA operates under the supervision of two committees: a Parliamentary joint committee and an operations review committee that hold the ACA accountable for its actions, investigations, and general comportment as a government agency106. An oversight committee should be formulated to keep an e�ective check over NAB’s performance and practices. The committee comprising �ve judges of Supreme Court should be headed by the Chief Justice.

Recommendations 4Anti-Corruption should be included in the curriculum of the elementary, secondary and degree programs of educational institutions.

Educational interventions by ACAs are believed to work e�ectively in reshaping mind sets and hence result in long term gains. In this respect, the anti-corruption agencies of Botswana and Indonesia collaborated with the educational institutions to develop pioneering educational interventions.

University courses were designed to train students to identify corruption around them and trace its impact. Special Investigation Service of the Republic of Lithuania developed anti-corruption curricula for all educational levels to gradually change the public mind-set. Many ACAs also worked on collaborative research projects107.

It is recommended that Anti-Corruption should be included in the curriculum of the elementary, secondary and degree programs of educational institutions to motivate the youth to participate actively in anti-corruption activities. Joint research projects at the higher education level particularly for PhD and MPhil scholars, training programs for the youth at executive education centers and curriculum development at all levels are some areas NAB can focus to collaborate with the academia. Donors like USAID and UNDP can be approached for grants in such areas.

RECOMMENDATIONS FOR NABRecommendation 1NAB should increase collaboration with the media.

“Publicity for an anti-corruption agency is one of the bases for survival. We had to be visible, very visible.” said Mr. Loskutovs, Former Director, Latvia’s Corruption Prevention and Combating Bureau (KNAB). Prosecutors of Croatia’s Bureau for Combating Corruption and Organized Crime (USKOK) received training in media

105 Tony KWOK Man-wai (2006) Formulating an E�ective Anti-Corruption Strategy –The Experience of Hong Kong ICAC, accessed on September 1, 2016 https://www.ncjrs.gov/App/publications/abstract.aspx?ID=239417106 John R. Heilbrunn (2004) Anti-Corruption Commissions Panacea or Real Medicine to Fight Corruption? accessed on September 1, 2016 siteresources.worldbank.org/WBI/Resources/wbi37234Heilbrunn.pdf107 From Underdogs To Watchdogs: How Anti-Corruption Agencies Can Hold O� Potent Adversaries, https://successfulsocieties.princeton.edu/sites/.../�les/Policy_Note_ID236.pdf

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relations. Media’s attention was drawn to Slovenia’s ACA, Commission for the Prevention of Corruption (CPC), through the personal standing and public relations of its commissioner108. The Independent Commission against Corruption (ICAC) of Hong Kong has been working e�ectively in collaboration with the media to encourage public to report corruption; promote public awareness on the evil of corruption and the need for a fair and just society109. In 2008, the KPK collaborated with the media to run a campaign, “Indonesia Is Calling” which was able to stimulate patriotic feelings in the public. The campaign motivated 28,000 people to apply for 85 vacant positions at KPK. The collaboration led to a competitive hiring process resulting in highly competent personnel110.

NAB should collaborate with the media to encourage the public to report corruption. Awareness should be raised regarding the procedure of lodging a complaint. NAB can work on further improvement of its public image with support by the media.

Recommendation 2NAB should make a thorough analysis of the entire chain of system to improve its conviction rate.

Best practices of the ACAs re�ect how a higher conviction rate has been has led to public’s con�dence in ACAs’ performance. The e�orts and commitment by the Singaporean’s ACA, Corrupt Practices Investigation Bureau (CPIB) has contributed to a high conviction rate for corruption-related cases over the years.

In 2015, the conviction rate of CPIB was 97% while the average conviction rate for the past 3 years has remained consistently above 95%111.

When Indonesia’s ACA Komisi Pemberantasan Korupsi (KPK ) initiated its robust approach to counter corruption, the public had little con�dence in the �ve commissioners appointed, mainly because of the country’s past practices of political corruption. However, owing to its 100% conviction rate, it is now “Indonesia’s most trusted public institution112.”

NAB should make a thorough analysis of the entire chain of system that leads to conviction in order to identify what factors impede the progress and at what particular point. More resources such as training programs, hiring of competent o�cials and additional budget should be devoted to the gaps identi�ed in the analysis.

Recommendation 3Prosecutors and investigating o�cers of NAB should receive training in specialized �elds.

Indonesia’s KPK, at the very onset, focused speci�cally on building capacity as compared to issues of public mistrust. The KPK’s commissioners meticulously

108 From Underdogs To Watchdogs: How Anti-Corruption Agencies Can Hold O� Potent Adversaries https://successfulsocieties.princeton.edu/sites/.../�les/Policy_Note_ID236.pdf109 Comprehensive & E�ective Approach to Anti-Corruption, The Hong Kong ICAC Experience, with a View on New Approaches in the Fight Against Corruption http://www.kwok-manwai.com/articles/Comprehensive_E�ective.html110 Inviting a Tiger into Your Home: Indonesia Creates an Anti-Corruption Commission with Teeth: 2002–2007 (2012).111 The Corrupt Practices Investigation Bureau Annual Report 2015, https://www.cpib.gov.sg/sites/cpibv2/�les/ CPIB_AnnualReport2015_.pdf112 Indonesia's Anti-corruption Commission, www.icac.org.hk/newsl/issue22eng/button3.htm

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recruited o�cers through a strict competition, set up ethical codes, and started training investigators. Depending on foreign as well as local expertise, procedural and substantive topics were covered in the training programs. A case study of ACAs of eight countries (Botswana, Croatia, Ghana, Indonesia, Latvia, Lithuania, Mauritius, and Slovenia) reports how they motivated their employees to specialize, often through training abroad.

For instance, Indonesia’s KPK formed an electronic surveillance team, and Latvia groomed �nance specialists. Workers’ performance in KPK was tracked by an online balanced-scorecard system113. In house expertise in the above mentioned areas will give NAB further independence keeping external in�uences to a minimum. Prosecutors and investigating o�cers of NAB should receive training in proper investigation to enable them to present convincing cases. Training in asset recovery of proceeds stashed in o�shore/foreign banks, public procurement, share trading and banking crime should be conducted for its o�cers. In addition, a continuous screening process aimed at ensuring competence and professionalism should be in place for NAB’s employees to undergo at periodic intervals.

Recommendation 4NAB should make full use of social media as a catalyst for public engagement.

The negative perception in relation to NAB’s ine�ectiveness in the use of its powers is paramount in the country. As discussed before, the sense of harassment by NAB o�cials prevalent among the general public and the resultant loss of con�dence in NAB’s powers needs to be addressed. In the digital era, social media serves as a strong communication tool among the educated strata of society in particular and the masses in general. Furthermore, engaging the youth which represents a signi�cant portion of the population in Pakistan, as 64% of the country’s population is below the age of 30114, in the �ght against corruption and shaping public opinion is extremely important.

Malaysian Anti-Corruption Commission (MACC) has been successful in the use of social media to enhance its public image and to reverse the negative perception of the public in its e�ectiveness. Social media was used regularly to disseminate any news or issues highlighted by the public.

Popularity of MACC Facebook is fast growing and gaining popularity especially amongst younger generation. Its discussion board which periodically deliberates matters on arrests, community education information, current issues, guidance on anti-corruption, o�ences and sentences on corruption, etc. is monitored by a Media Monitoring Consultant115.

Another example in this respect is Singapore’s ACA, Corrupt Practices Investigation Bureau, which launched its �rst social media platforms in the form of Facebook in2014116. At present, NAB’s Facebook page in not very active and its posts are not

113 From Underdogs To Watchdogs: How Anti-Corruption Agencies Can Hold O� Potent Adversaries https://successfulsocieties.princeton.edu/sites/.../�les/Policy_Note_ID236.pdf114 National Human Development Report 2016, http://nhdr.undp.org.pk/nhdr-2016-on-youth115 Ahmad Khusairi Yahaya, War Against Perception: The Role of Social Media In Gaining Public Support www.unafei.or.jp/english/pdf/PDF_GG5_Seminar/GG5_Malaysia1.pd116 Corruption Situation in Singapore Under Control (Embargoed until issuance on 2 April 2015) Key Highlights www.cpib.gov.sg

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updated on a regular basis. An e�ective and e�cient Facebook page will sound more approachable and practical to the citizens in order to report corrupt practices. In addition, social media will be far more cost e�ective than the traditional dissemination of information tools.

It is recommended NAB should make full use of social media as a catalyst for public engagement. A strategic plan on the utilization of social media needs to be laid out and implemented and dedicated sta� should be assigned to monitor its online performance.

Recommendation 5NAB should ensure that its investigation procedures should be completely compliant with the basic rights of the citizens enshrined in Qanoon-e-Shahdat and the country’s constitution.

The Qanun-e-Shahadat Order, 1984 (Article 37) states: A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and su�cient, in the opinion of the Court, to give the accused person grounds which would appear to him reasonable, for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him117.”

Clause 24 of Singapore’s Evidence Act (1997)118 Section 24 of Malaysia’s Evidence Act 1950119 and Criminal Evidence in Hong Kong (1996)120 state similar conditions for confession.

The word "confession" itself denotes that it is a voluntary statement made by the person charged with the commission of the crime. Therefore, it is recommended that NAB should ensure that its investigation procedures should be completely compliant with the basic rights of the citizens enshrined in Qanoon-e-Shahadat and the country’s constitution, both by law and practice.

Recommendation 6The timeline for inquiries should be in accordance with the provision in Ehtesab Act 1996.

Delays in the investigation of inquiries were quoted by the stakeholders as one of the biggest reasons of public’s mistrust in NAB’s e�ectiveness. Such delays in completion of proceedings can impede e�orts to reduce malpractices. On one hand, the innocent persons could be harassed at the hands of perceived unprofessionalism on NAB’s part and on the other hand, the guilty would get an opportunity to evade retributive action for longer periods of time.

117 The Qanun-e-Shahadat Order, 1984118 Singapore Statutes Online - 97 - Evidence Act statutes.agc.gov.sg/aol119 The Annotated Statutes of Malaysia: Evidence Act 1950 (1996 Issue)120 Criminal Evidence in Hong Kong (Issue 3, 1996)

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Therefore, it is recommended that the inquiries are �nalized in an expeditious manner. The timeline for inquiries should be in accordance with the provision in Ehtesab Act 1996, i.e. 60 days to dispose of a case. The Accountability Courts should also complete the investigation within their de�ned limit of 30 days. In case of default, the accused should be released on bail.

Recommendations 7

NAB should deal with the accused and the witnesses in a digni�ed and respectful manner.

NAB treats people in a threatening way which leads to a sense of harassment in the general public. As discussed, the key stakeholders consulted for the research reported lax and unprofessional attitude on NAB’s part. Such examples of internal abuses of power while handling persons under investigation can damage not only NAB’s credibility but also its competence.

NAB should deal with the accused and the witnesses in a digni�ed and respectful manner and should not treat them as guilty of crimes at the very onset. NAB’s notices requesting witnesses to present themselves state: “You are informed that failing to comply with the notice may entail penal consequences as provided in S.2 of the schedule of NAO, 1999.” The notice should be worded in a polite way. NAB, during the review process of this report, shared that Standard Operating Procedures (SOP)s have been formulated in this respect wherein NAB o�cers have been instructed to facilitate the general public when they wish to lodge complaints.

Recommendation 8

Precautionary measures need to ensure the agency does not itself become a source for extortion and corruption.

Understanding the situations where its sta� could be tempted to abuse their authority, Indonesian ACA, KPK decided on a policy of “zero tolerance for abuse of power.” A "solid, uni�ed sta�," was developed through rigorous six months long training e�orts emphasizing on acceptance of KPK’s values of integrity121.

It is encouraging to note that NAB takes cognizance of cases of corrupt practice by its own employees under National Accountability Bureau Ordinance. However, NAB needs to instill the values of honesty and integrity into its culture as precautionary measures to ensure the agency does not itself become a source for extortion and corruption.

121 Inviting a Tiger into Your Home: Indonesia Creates an Anti-Corruption Commission with Teeth: 2002–2007 (2012)

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It is recommended that NAB should follow similar practices and its “Zero Tolerance Policy” should be upheld in the true sense of the word. Active participation of all NAB’ o�cials, particularly the new inductees, in NAB’s anti-corruption prevention projects with the academia and other stakeholders should be mandatory to equip them with a sense of commitment and ownership for its own values.

Recommendation 9

NAB should ensure that the reference prepared and successfully tried in the Accountability Courts should be upheld in all subsequent review petitions in High Courts and Supreme Court.

Meeting public’s expectations appears to be the greatest challenge for NAB in the wake of corruption being the major impediment in the way to growth of the country. NAB should follows the best practices of e�ective ACAs of other countries like Croatia122 , Indonesia, Latvia123, and Slovenia124 which decided to pursue cases of in�uential persons at the very onset to enhance their credibility.

NAB can mitigate public’s distrust by ensuring that the reference prepared and successfully tried in the Accountability Courts should be upheld in all subsequent review petitions in High Courts and the Supreme Court. NAB, during the review process of this report, shared that Special Prosecutors have been hired to serve this purpose.

122 “Cleaning House: Croatia Mops Up High-Level Corruption, 2005–2012” (2013).123 From Underdogs To Watchdogs: How Anti-Corruption Agencies Can Hold O� Potent Adversaries https://successfulsocieties.princeton.edu/ sites/.../�les/Policy_Note_ID236.pdf124 Toothless but Forceful: Slovenia’s Anti-Corruption Watchdog Exposes Systemic Graft, 2004– 2013 (2013)A

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NAB’s Enabling Factors & Performance

Each indicator of NAB’s assessment is categorized according to whether it relates to a set of enabling factors beyond NAB’s control or its performance within its control. There are a total of 50 indicators, 17 of which relate to the enabling factors and 33 relate to the performance of the NAB (see Annex 5).

Enabling Factors 75%Agency's Performance 60%

Graph showing position of NAB

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ConclusionNational Accountability Bureau holds the responsibility of eradication of corruption following an encompassing approach of awareness, prevention and enforcement since its inception. For the �rst three years, it focused only at detection, investigation of white collar crime. After launching the National Anti-Corruption Strategy (NACS) in 2002 and amendments in NAO, it developed a broader strategy and a detailed action plan. Since then, NAB has been empowered to broaden its horizon and focus on awareness and prevention in addition to its enforcement functions.

Being Pakistan’s primary anti-corruption institution, NAB faces huge challenges. Corruption has been a huge impediment for the country since the time of inception. The public perceives that nothing can be done to curb corruption that the country faces. People have lost their faith in the government and higher institutions as being ine�ective in handling the corruption in the country.

Working under such a challenging situation, NAB investigated cases against politicians, public service o�cials and other citizens who were guilty of gross abuse of powers. In addition, it has recovered billions of rupees from corrupt individuals and institutions. NAB envisions being a credible, e�ective, e�cient and dynamic anti-corruption organization creating an enabling environment for a corruption free society by engaging all stakeholders in its mission to eliminate corruption.

NAB’s assessment re�ects that it is a legally independent organization by law and has been given maximum powers to carry out its duties. However, the �ndings depict that NAB is not exercising the given powers fully and e�ectively which it is recommended to excersice so as to win back the trust and con�dence of the public.

Although, NAB itself reports su�ciency in the budget assigned by the government, a higher proportion of budget is recommended. In such a case, the additional �nancial resources can be spent on the areas for improvement such as training, in outsourcing its recruitment, strengthening its outreach, etc.

The inability to punish the in�uential persons needs to be addressed. Perhaps this is the reason behind the public’s mistrust in the e�ectiveness of NAB. Strong support from the stakeholders including the government is required to do that.

Another issue related to public’s con�dence and good governance that the government needs to address is strong oversight and accountability mechanism. An e�ective and transparent monitoring and evaluation system needs to be developed immediately.

NAB’s e�ectiveness and integrity will be addressed itself if the measures mentioned above are undertaken. NAB needs to exercise its powers fully and improve its processes so that it leads to the prosecution of powerful persons in the country to set examples for the public. Furthermore, NAB should conduct public perception surveys in collaboration with CSOs periodically to be informed of its strengths and weaknesses.

The purpose of the assessment initiative is to encourage a strong drive for improvement in collaboration with relevant stakeholders and chalk out an e�ective strategy for change. It is sincerely hoped that the initiative is successful in its objective and a consultative process engaging all stakeholders begins soon.

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Transparency International believes that Anti-Corruption Agencies (ACAs), as public institutions tasked with combatting corruption, must be transparent, accessible and accountable to citizens. They must operate with the utmost integrity, maintain a reputation of objectivity and professionalism and demonstrate e�ectiveness in their duties. Transparency International has identi�ed ACAs as key partners in the �ght against corruption and plans to work in constructive collaboration with governments who are ready to invest in improving their anti-corruption e�ectiveness by building strong oversight and enforcement mechanisms.

Transparency International's initiative aimed at strengthening anti-corruption agencies combines biennial assessments of ACAs with sustained engagement, dialogue and advocacy at both national and regional levels. A robust assessment tool was developed over a period of two years in consultation with numerous experts and practitioners around the world. In mid-2013, Transparency International convened an experts meeting in Kuala Lumpur to explore the possibility of developing an ACA assessment tool. After receiving encouraging feedback and useful input, Transparency International commissioned a background review and draft framework by anti-corruption specialist, Alan Doig. The concept received further interest and backing from ACAs in Asia Paci�c during the 18th and 19th Steering Group Meetings of the ADB/OECD Anti-Corruption Initiative for Asia-Paci�c in 2013 and 2014.In 2014, Transparency International commissioned anti-corruption expert, Dr Jon Quah to further re�ne the framework, producing a set of indicators incorporating elements of TI's National Integrity Systems assessment methodology and other relevant tools and principles. In April 2015, Transparency International organized a Focus Group Discussion in Bangkok, bringing together practitioners, researchers and ACAs to scrutinize the indicator framework and approach. Participants subsequently formed an Advisory Group to guide the �nalization of the tool.

ANNEX 1: BACKGROUND TO THE PROJECT

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ANNEX 2: INTERVIEWEESPersons Interviewed during NAB’s Assessment August 2016 - October, 2016

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Position Organization

1. Chairman National Accountability Bureau

2. Deputy Chairman National Accountability Bureau

3. Director General, Operations National Accountability Bureau

4. Director General NAB (Karachi) Office

5. General Manager, Planning & Development Karachi Port Trust

6. Chairman Autonomous Government Entity

7. Senior Official Accountant General Pakistan

8. Senior Staff Reporter The News

9. Senior Journalist Agence France-Presse

10. Senior Free Lance Journalist Press Club

ANNEX 3:STAKEHOLDERS CONSULTED

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Position Organization

1. Chairman, Deputy Chairman, Director

Generals, Management and Staff

National Accountability Bureau

2. Ex-Federal Tax Ombudsman Federal Tax Ombudsman, Pakistan

3. Director Investigation Wing NAB Sindh NAB Sindh

4. Ex-Advocate General Advocate General, Sindh

5. Ex-Senior Police Officer Sindh Police

6. 7. 8.

Former vice president , FPCCI Ex-Chief Justice Ex-Justice

Federation of Pakistan Chambers of Commerce & Industry Shariat Court Supreme Court of Pakistan

9. General Secretary

Shehri-Citizens for a Better Environment (CBE), Civil Society Organization

10. Senators Senate of Pakistan

11. Chief, political party Jamaat-e-Islami, Karachi

12. Economic Growth Advisor USAID

13. Parliamentarian Sindh Provincial Assembly

14. CEO Mubarak Institute of Literacy and Learning, Civil Society Organization

15. Academician University of Karachi

16. Ex Director General Auditor General of Pakistan

17. 18. 19.

Chairman Chairman Students

Citizens Police Liaison Committee The Pakistan Institute of International Culture Civil Society Organization Institute of Business Management (IOBM)

ANNEX 4:REFERENCESAhmad Khusairi Yahaya War Against Perception: The Role Of Social Media In Gaining Public Support www.unafei.or.jp/english/pdf/PDF_GG5_Seminar/GG5_Malaysia1. Amien-sunaryadi http://pro�l.merdeka.com/indonesia/a/amien-sunaryadi/Anti-Corruption Mechanisms and Institutions to Address the Problem of Corruption in Pakistan, Published: December 2015, http://www.pildat.org/Publications/publication/FP/AntiCorruption_MechanismsandInstitutionstoAddresstheProblemofCorruptioninPakistan_BackgroundPaper.pdfBertelsmann Stiftung, BTI 2014 — Pakistan Country Report. Gütersloh: Bertelsmann Stiftung, 2014, http://www.bticjproject.org/�leadmin/�les/BTI/Downloads/Reports/2016/pdf/BTI_2016_Pakistan.pdfCase Study DFO Noor Ul Haq Of Forest Department Accumulates Huge Property through Illegal Means http://www.nab.gov.pk/Downloads/Case_studies/noorulhaq.pdf Accessed: September 5, 2016 Comprehensive & E�ective Approach to Anti-Corruption. The Hong Kong ICAC Experience, with a View on New Approaches in the Fight Against CorruptionCriminal Evidence in Hong Kong (Issue 3, 1996)Cleaning House: Croatia Mops Up High-Level Corruption, 2005–2012 (2013)Corruption Situation in Singapore under Control (Embargoed until issuance on 2 April 2015) Key Highlights www.cpib.gov.sgData on Poverty in Pakistan available at http://www.adb.org/countries/pakistan/poverty, Accessed: August 1, 2016Daniyal Aziz, Anticorruption and its Discontents. Prepared for presentation at OPMN conference: Innovations in Public Management for Controlling Corruption, 27-29 June 2012, Honolulu, Hawaii.Erry Riyana Hardjapamekas http://www.bloomberg.com/research/stocks/people/person.asp?personId=8251267&privcapId=878413Focus Group Discussion on October 1, 2016From Underdogs to Watchdogs: How Anti-Corruption Agencies Can Hold O�Potent Adversaries https://successfulsocieties.princeton.edu/sites/.../�les/Policy_Note_ID236.pdfFundamental Rights [Articles 8-28], Constitution of Pakistan (Chapter 1)1973Global Peace Index, 2016, http://static.visionofhumanity.org/sites/default/�les/GPI%202016%20Report_2.pdf?Human Development Report 2015 available at http://hdr.undp.org/sites/all/themes/hdr_theme/country-notes/PAK.pdIndonesia's Anti-corruption Commission www.icac.org.hk/newsl/issue22eng/button3.htmIntroducing Plea Bargaining into Post Con�ict Legal Systemshttp://inprol.org/sites/default/�les/publications/2014/introducing_plea_bargaining_0.pdf

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Inviting a Tiger into Your Home’: Indonesia Creates an Anti-Corruption Commission with Teeth: 2002–2007 (2012).Issues in Corruption and the Role of NAB, http://www.icac.org.hk/newsl/issue27eng/button6.htmJohn R. Heilbrunn (2004)Anti-Corruption Commissions Panacea or Real Medicine to Fight Corruption? September 1, 2016 siteresources.worldbank.org/WBI/Resources/wbi37234Heilbrunn.pdfList of Court Cases http://www.nab.gov.pk/Reference/CourtCasesData.pdfMoney Laundering and Financial Crimes http://www.state.gov/documents/organization/100922.pdfPress Release http://www.nab.gov.pk/PRESS/NEW.ASP?1260NAB tells Prevention of Fraudulent Practices in Banking Sectorhttp://lahoreworld.com/2013/01/04/nab-tells-prevention-of-fraudulent-practices-in-banking-sector/NAB chief barred from voluntary return dealshttp://www.dawn.com/news/1292113/nab-chief-barred-from-voluntary-return-dealsNAB Launches Investigations against its own o�cials http://www.baaghi.tv/nab-launches-investigation-against-its-own-o�cial/ Published: May 17, 2016 Accessed: September 20, 2016National Accountability Bureau: An Independent Review of Structure and Perfor-mance. http://www.pildat.org/Publications/publication/Democracy&LegStr/NationalAccountabilityBureauAnIndependentReviewofStructureandPerformance.pdfNational Accountability Bureau https://www.facebook.com/Nationalaccountabilitybureau/?fref=ts Accessed: Sep-tember 20, 2016National Accountability Bureau, Annual Report 2015National Accountability Bureau (NAB) employees Terms & Conditions of Services (TCS) 2002. Source: Second Interim TechnicalReport on Public Accountability Institutions in Pakistan and their macroeconomic Impacts, Governance Institutions NetworkInternational (GINI, 2007), p.160National Accountability Bureau Budget 2016, Accessed: August 5, 2016. http://www.dawn.com/acNational Accountability Ordinance 1999 www.nab.gov.pk/Downloads/nao.aspNational Anti-Corruption Strategy (NACS), Islamabad, Pakistan 2002National Corruption Perception Survey, 2010, Transparency International PakistanNational Human Development Report 2016 http://nhdr.undp.org.pk/nhdr-2016-on-youthhttp://www.pildat.org/Publications/publication/Democracy&LegStr/NationalAccountabilityBureauAnIndependentReviewofStructureandPerformance.pdfNational Integrity System, Country Report 2014, Transparency International PakistanAccording to ECP’s website, as of August 1st, 2013, http://ecp.gov.pk/Misc/ListPolPartiesWith addresses.pdfInterview of NAB O�cials on August 20, 2016

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“Nine in every 10 Pakistanis are anxious” Survey, The Express Tribune. Published: August 24, 2013. http://tribune.com.pk/story/594483/nine-in-every-10-pakistanis-are-anxious-surveyPakistan GDP Growth Rate available at www.tradingeconomics.com/pakistan/gdp-growth. Accessed: August 3, 2016Pakistan Development : Update from Stability to Prosperity. Published: April 2016, documents.worldbank.orgPakistan Institute of Legislative Development and Transparency PILDAT, Citizens Report 5 Years of the 13th National Assembly of Pakistan, March 17, 2008-March 16, 2013, Patrick Meagher & Caryn Voland, U.S. Agency for Int’l Dev., Anticorruption Agencies (ACAS): O�ce of Democracy and Governance Anticorruption Program Brief 4 (2006) [hereinafter USAID], available at http://www.usaid.gov/our_work/democracy_and_governance/publications/pdfs/ACA_ 508c.pdf.PIDLAT Report Score card: Federal Government of Pakistan: Assessment of the quality of Governancehttp://epaper.brecorder.com/Samad, S. (2008). Combating corruption: The case of the National Accountability Bureau, Pakistan, JOAAG, Vol. 3. No. 1Singapore Budget 2013 - Expenditure Overview - Prime Minister's O�ce http://www.singaporebudget.gov.sg/budget_2013/expenditure_overview/pmo.htmlSingapore Statutes Online - 97 - Evidence Act statutes.agc.gov.sg/aolSocial Accountability in Pakistan: Challenges, Gaps, Opportunities and the Way Forward by Fayyaz Yaseen. Published: May 2013, Working Paper Sustainable Devel-opment Policy Institute (SDPI). https://sdpi.org/publications/�les/W-133.pdfStrengthening NAB's �nancial crime wing, http://www.brecorder.com/pages/article/1214834/2015-08-07/strengthening-nabs-�nancial-crime-wing.html/Accessed October 14, 2016Text of Amendments in NAB Ordinance as proposed by Dr Arif Alvi available at https://www.scribd.com/doc/305731961/ Accessed: October 8, 2016The Annotated Statutes of Malaysia: Evidence Act 1950 (1996 Issue)THE CORRUPT PRACTICES INVESTIGATION BUREAU ANNUAL REPORT 2015 https://www.cpib.gov.sg/sites/cpibv2/�les/CPIB_AnnualReport2015_.pdfThe Global Competitiveness Report 2015–2016: http://www3.weforum.org/docs/gcr/2015-2016/Global_Competitiveness_Report_2015-2016.pdfTHE LOAN DEFAULT DRIVE http://www.pakistaneconomist.com/issue1999/issue47/cover.htmThe Plea-Bargain National Accountability Bureau Pakistan http://www.icac.org.hk/newsl/issue14eng/button3.htmThe Qanun-e-Shahadat Order, 1984Tony KWOK Man-wai (2006) Formulating an E�ective Anti-Corruption Strategy –The Experience of Hong Kong ICAC accessed on September 1, 2016 https://www.ncjrs.gov/App/publications/abstract.aspx?ID=239417Toothless but Forceful: Slovenia’s Anti-Corruption Watchdog Exposes Systemic Graft, 2004–2013 (2013)

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Transparency International, Daily Lives and Corruption: Public Opinion in South Asia, 2011Transparency International Pakistan, National Corruption Perception Survey, 2006Transparency International, Pakistan National Integrity System, Country Report 2014Unemployment in Pakistan available at http://www.tradingeconomics.com/pakistan/unemployment-rateWorld Bank Institute (WBI), 2007, Report on Empowering the Marginalized: Case studies of Social Accountability Initiatives in Asia. Available at (http://siteresources.worldbank.org/EXTSOCACCDEMSIDEGOV/Resources/Empoweri ngTheMarginalizedFinalVersion.pdf? resourceurlname=EmpoweringTheMarginalizedFin alVersion.pdf )World Populationhttp://www.worldometers.info/ Accessed: August 1, 2016Transparency International, Corruption Perception Index 2015

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ANNEX 5:CLASSIFICATION OF INDICATORS

Indicator Relating to: Enabling Factors ACA Performance

1 ACA’s legal independence Yes No

2 ACA’s mandate Yes No 3 ACA’s legal powers Yes No 4 Appointment of ACA Commissioner(s) Yes No 5 ACA Commissioner(s)’ term of office and removal Yes No 6 ACA’s operational autonomy and impartiality Yes No 7 Government’s reliance on ACA to use corruption as a

weapon against political opponents Yes No

8 Average proportion of ACA’s budget to total government budget for past 3 years

Yes No

9 Sufficiency of ACA’s budget for performing its functions Yes No 10 Security and stability of ACA’s budget during past 3 years Yes No 11 ACA personnel’s salary and benefits Yes No 12 ACA’s selection criteria for personnel Yes No 13 Expertise of ACA’s personnel in corruption investigation No Yes 14 Expertise of ACA’s personnel in corruption prevention

and education No Yes

15 Training of ACA’s personnel No Yes 16 Stability of ACA’s personnel No Yes 17 ACA’s accessibility to corruption

complainants/informants, including public and whistle-blowers during past 3 years

No Yes

18 ACA’s responsiveness to corruption complaints during past 3 years

No Yes

19 ACA’s willingness to initiate corruption investigations during past 3 years

No Yes

20 Average number of cases investigated by ACA personnel during past 3 years

No Yes

21 Efficiency and professionalism of corruption investigations by ACA during past 3 years

No Yes

22 Average conviction rate of corruption cases investigated by ACA in past 3 years

Yes No

23 ACA’s willingness to investigate influential persons for corruption without fear or favour during past 3 years

No Yes

24 ACA’s role in restitution, asset recovery, freezing and confiscation during past 3 years

No Yes

25 Does the ACA identify gender in compiling corruption complaints and monitoring corruption trends?

No Yes

26 Average proportion of ACA’s operating expenditure allocated to public outreach and prevention during past 3 years

Yes No

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27 ACA’s corruption prevention initiatives during past 3 years

No Yes

28 Number of reviews of organizational procedures, systems & capabilities conducted by ACA to prevent corruption during past 3 years

No Yes

29 Frequency of including corruption prevention recommendations in ACA’s investigation reports during past 3 years

No Yes

30 ACA’s plan for prevention, education and outreach and its implementation

No Yes

31 ACA’s collaboration with other stakeholders in prevention, education and outreach activities

No Yes

32 ACA's research and exploration of corruption risks, context and conditions

No Yes

33 ACA’s dissemination of corruption prevention information and use of campaigns

No Yes

34 ACA’s use of its website and social media for disseminating information on corruption prevention

No Yes

35 Government support (e.g. Attorney-General’s Office, Director of Public Prosecutions) to ACA for prosecution of corruption cases

Yes No

36 Cooperation between ACA and other integrity agencies (including other ACAs if there are multiple ACAs in country)

No Yes

37 Cooperation between ACA and non-government organizations including CSOs and private companies

No Yes

38 ACA’s participation in international networks No Yes

39 ACA’s cooperation with ACAs in other countries No Yes 40 Information provided in and accessibility of ACA’s annual

report and website No Yes

41 ACA’s oversight mechanisms Yes No 42 ACA’s procedure for dealing with complaints against ACA

personnel No Yes

43 Outcomes of complaints against ACA or its personnel in past 3 years

No Yes

44 Public confidence that government has given ACA the required powers and resources for curbing corruption

Yes No

45 Public confidence in ACA’s adherence to due process, impartiality, and fairness in using its powers

No Yes

46 Confidence in ACA’s adherence to due process, impartiality, and fairness in using its powers among persons who had direct contact with ACA

No Yes

47 Confidence in ACA's dignified and respectful treatment of persons under investigation

No Yes

48 Public perception of ACA’s effectiveness in corruption control

No Yes

49 Perception of ACA’s effectiveness in corruption control among persons with direct contact with ACA

No Yes

50 Perception of ACA’s effectiveness in dealing with complaints among female citizens who had direct contact with ACA

No Yes

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4-C, 1st �oor, Khayaban-e-Ittehad, Phase VII,Defence Housing Authority, Karachi

Phone : 021-35311897-8 & 021-35390408

Fax 021-35390410

Email ti.pakistan@gmail.com

Website www.transparency.org.pk