Friday | 10 January 2025 | Reg No- 06
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Friday | 10 January 2025 | Epaper

Accountability is a must-but how?

Published : Monday, 30 December, 2024 at 12:00 AM  Count : 348
Engr AKD Sher Mohammad Khan
Ever since our independence, for most part, the issues of lack of good governance, lack of accountably, the blatant use of impunity, too much power were vested with certain officials whether they elected or not. During the last more than fifteen years things only got worse. It is by virtue of the movement initiated by the students that culminated into the mass upsurge forcing the Government to relinquish power and leave the country on August 5, 2024. 

By the blessings of Almighty, a new dawn descended on our nation that would like do away with the blatant misuse of power, rampant corruption, audacious kleptocracy, nefarious nepotism and favoritism plus the host of other vicious crimes and improprieties. Institutions were rendered dysfunctional, particularly the ones that are the foundations of our democracy and good governance. Crony culture became the order of the day. Not that there were no people with integrity and dedication to serve the nation but the dire situation rendered them helpless while other had to face serious consequences under a hostile environment. It is in this context we once again hear, loud and clear, the need to establish "accountability" and very rightfully so. The big question that arise is how this accountability will be independently ensured and those responsible cannot go scot free. The strengthening of the institutions alone cannot deliver unless they are empowered, and their authority and power is not trampled with. In this grand scheme of establishing "authority", which may be vested by constitution, by statutory authority or by executive or policy directive. 

Article 77.1 of the Constitution relates to the possible creation of "Ombudsman" by the Parliament. It was never created and even if it were it would have been at the disposal of the Parliament, perhaps,as another lame duck institution to be misused and trampled. It would be a non-starter. In lieu here are some suggestions that may go a long way to ensure accountably across all sectors of Government and its activities.    

1.    Instead of the "Ombudsman", the Constitution, and not the Parliament, will mandate the creation of an independent National Accountability and Ethics Commission (NAEC). It can give any other appropriate name. NACE should in no way be placed under the PMO or any Ministries. If the constitution envisages the position of a Vice-President then s/he could be the reporting authority for NACE.  
    
2.    The Constitution will mandate NAEC to it frame its own rules and regulations and also gazette them directly without having to go through any Ministries. (Discussions can always take place with concerned Government bodies but NAEC will prevail and will itself gazette its rules and regulations).

3.    The NAEC may have a Chairman and Members (numbers-TBD). The chief of the Commission will be Chairman. 

4.    Similar body may be contemplated for the Ministry of Defense if deemed appropriate. 

5.    NAEC's jurisdiction, through deployment of modest numbers of dedicated NACE Officer/Officials at each place will cover all government offices starting from the PM, the President, the Ministries/Divisions, agencies, corporations, including other independent regulatory authorities at central and divisional levels first across all relevant sectors. Later on to district perhaps further downwards later. It will be co-located/embedded within the concerned government offices but will operate absolutely independently. It may seem that it may require a large budget but if it can effectively carry out its mandate the amount will be an insignificant compared to the total financial irregularities and the money laundered yearly. (Will be detailed in NAEC regulations).

6.    NAEC will largely obviate the need for the so called "Departmental Proceedings" (whose reports are never made public) unless absolutely required for pure technical purposes. However, when there is any fiduciary involvement, NAEC will take over the enquiry of both internal and external complaints and complete it in a time-bound manner and send its findings to the reporting authority in NAEC Head Office to decide at what hierarchy (as will be warranted by the regulation) the report is published and how punitive or other remedial measures are taken. NAEC should is in no way be a policing body. NAEC will not initiate any legal process. (Will be detailed in NAEC regulations).

7.    Constitution will mandate NAEC to encourage and provide full protection to "whistle blowing" and "whistle blowers" for all rightful complaints. Will not divulge the names of the whistle blowers. Similarly, will discourage false complaints by recommending punitive measures. 


8.    In recent times our police were reported wrongfully ordered and forced to fire on protesters, they had to unlawfully comply. Officials are made OSDs at will. This provides opportunity to blow "Whistle" and alert NAEC, by filing complaints,  who will immediately take action and also protect the whistle blowers and  will get upmost protection as their complains go to the NAEC for due process. (Will be detailed in NAEC regulations).

9.    Provision of generic search committee to form NAEC formation need to be included in the constitution to ensure independence and neutrality of the Commission and to get the most experienced and qualified candidates. The same committee can be used to choose members of other constitutional body like Public Service Commission and Election Commission, and Information Commission etc. 

10.    All other regulatory institutions or statutory bodies formed by Act of Parliament shall always include generic search committees in the Act to select Chairmen and Members by virtue of provision in the constitution including their (statutory bodies') ability to frame their own rules and regulations and gazette them. All regulatory authorities shall work independently without being under any Ministry (Line or otherwise). 

11.    Strong bi-partisan Parliamentary Oversight Committee can be formed for the parliamentarians and other committees.  

It is firmly believed that above will provide continuity of the institution and allow them independently to work without fear or favor. One of the most plausible ways accountability can be ensured. 

The  writer is a former Sr Energy Advisor and Country Coordinator (Regional Energy), USAID



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