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2007 Assessment

Pakistan: Integrity Indicators Scorecard

Pakistan: Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
23	In law, can citizens sue the government for infringement of their civil rights?	100
24	Can the chief executive be held accountable for his/her actions?	56
25	Is the executive leadership subject to criminal proceedings?	100
26	Are there regulations governing conflicts of interest by the executive branch?	63
27	Can citizens access the asset disclosure records of the heads of state and government?	67
28	In practice, official government functions are kept separate and distinct from the functions of the ruling political party.	25

Indicator and sub-Indicator Details

In law, can citizens sue the government for infringement of their civil rights?

23: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments:

References: Rauf Khan Gandapur, advocate, PHC, Peshawar

Can the chief executive be held accountable for his/her actions?

24a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments: If the action of the chief executive is based on malafide and strikes the fundamental rights of the citizens, he or she can be sued.

References: Rauf Khan Gandapur, advocate, PHC, Peshawar

24b: In law, the judiciary can review the actions of the executive.

Score:

YES

Comments: The Supreme Court of Pakistan reinstated the country's top judge, Chief Justice Iftikhar Muhammad Chaudhry on July 20, 2007, ruling that his suspension by the president, Gen. Pervez Musharraf, was "illegal". Mr. Chaudhry was asked to step down in March 2007 after Gen. Musharraf claimed he was guilty of corruption and nepotism.

References: Article 199 of the Constitution of Pakistan 1973: the judiciary can review actions of the executive and can pass judgments on the legality of action taken by the executive.

Rauf Khan Gandapur, advocate, PHC, Peshawar

24c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments: The chief justice of Pakistan, who was made non-functional by the government on March 10, 2007, was reinstated by the Supreme Court on July 20, 2007. It is the landmark case in the history of the country that the judiciary has made such a decision.

References: Rauf Khan Gandapur, advocate, PHC, Peshawar

Behlol Khattak, ex-geneal secretary, PHC Bar Association, Peshawar

Peer Review Comments: Many decisions have been overturned as well.

[ LINK ]

The Supreme Court ruled that the former prime minister, Nawaz Sharief, should be allowed back in the country and no hurdles to his return should be erected by the government, but when he attempted to return, the government deported him back into exile for life.

Peer Review Comments: Under law, the judiciary can review the actions of the executive, but in practice the Pakistan judiciary under the reinstated chief justice of Pakistan was becoming independent for the first time, and it was supposed to give the decision against the President Musharaf as a lawful candidate for presidential election. The President imposed a constitutional emergency and issued the Provisional Constitutional Order (PCO), which removed judges who were not willing to take orders from the executive office.

24d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments:

References: Rauf Khan Gandapur, advocate, PHC, Peshawar

Behlol Khattak, ex-geneal secretary, PHC Bar Association, Peshawar

Peer Review Comments: The President imposed a constitutional emergency and issued a Provisional Constitutional Order (PCO). He removed judges who were not willing to take orders from the executive office; the emergency is unlawful and intended to work to the personal advantage of the President.

Is the executive leadership subject to criminal proceedings?

25a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments:

References: Rauf Khan Gandapur, advocate, PHC, Peshawar

Behlol Khattak, ex-geneal secretary, PHC Bar Association, Peshawar

25b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments: Shahid Jamil, minister of State, was charged and arrested in the murder case of Kafila Siddiqui, a Canadian national, in July 2007.

References: Rauf Khan Gandapur, advocate, PHC, Peshawar

Behlol Khattak, ex-geneal secretary, PHC Bar Association, Peshawar

Peer Review Comments: It is true that there are options in law, but they tend to be used by the government for its own benefit.

Are there regulations governing conflicts of interest by the executive branch?

26a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: THE REPRESENTATION OF THE PEOPLE ACT, 1976 (ACT NO.LXXXV OF 1976) And Privileges Act

Rauf Khan Gandapur, advocate, PHC, Peshawar

Behlol Khattak, ex-geneal secretary, PHC Bar Association, Peshawar

26b: In law, ministerial-level officials are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: THE REPRESENTATION OF THE PEOPLE ACT, 1976 (ACT NO.LXXXV OF 1976)

and Privileges Act

Rauf Khan Gandapur, advocate, PHC, Peshawar

Behlol Khattak, ex-geneal secretary, PHC Bar Association, Peshawar

26c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

Score:

YES

Comments: The responsibility for reporting the receipt of a gift shall devolve on the individual recipient. All gifts received by a government servant, irrespective of their prices, must be reported to the Toshakhana in the Cabinet Division. However, the responsibility for reporting the receipt of gifts, including the names of recipients, from foreign dignitaries or delegations who come to Pakistan or when Pakistan dignitaries or delegations go abroad, shall lie with the chief of protocol or his representative in the former case, and with the ambassador concerned in the latter case. In the case of foreign delegations or visiting dignitaries with whom the chief of protocol is not associated, the ministry sponsoring the visit shall be responsible to supply the details of gifts, if received, and the list of recipients to the Cabinet Division and the Ministry of Foreign Affairs. [Rule 5(6)

References: THE GOVERNMENT SERVANTS (CONDUCT) RULES, 1964

Rauf Khan Gandapur, advocate, PHC, Peshawar

Behlol Khattak, ex-geneal secretary, PHC Bar Association, Peshawar

26d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).

Score:

YES

Comments: The agencies in charge are the Election Commission of Pakistan and the Auditor General of Pakistan.

References: Rauf Khan Gandapur, advocate, PHC, Peshawar

26e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.

Score:

YES

Comments:

References: Rauf Khan Gandapur, advocate, PHC, Peshawar

26f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.

Score:

100

Comments:

References: Rauf Khan Gandapur, advocate, PHC, Peshawar

Behlol Khattak, ex-geneal secretary, PHC Bar Association, Peshawar

26g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

Score:

100

Comments:

References: Rauf Khan Gandapur, advocate, PHC, Peshawar

Behlol Khattak, ex-geneal secretary, PHC Bar Association, Peshawar

26h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.

Score:

100

Comments:

References: Rauf Khan Gandapur, advocate, PHC, Peshawar

Behlol Khattak, ex-geneal secretary, PHC Bar Association, Peshawar

Can citizens access the asset disclosure records of the heads of state and government?

27a: In law, citizens can access the asset disclosure records of the heads of state and government.

Score:

YES

Comments: The head of the government (prime minister) files regular asset disclosure statements to the Election Commission under the Representation of People's Act, 1976, but the head of the state (president) is not required to disclose assets.

References: The head of the government (the prime minister) files the asset disclosure form to the Election Commission under the Representation of People's Act 1976.

Rauf Khan Gandapur, advocate, PHC, Peshawar

27b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.

Score:

100

Comments:

References: Rauf Khan Gandapur, advocate, PHC, Peshawar

Peer Review Comments: Laws exist, but in practice there is no system to maintain records of assests.

27c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.

Score:

100

Comments:

References: Rauf Khan Gandapur, advocate, PHC, Peshawar

Peer Review Comments: Journalists and researcher are underpaid. Regular citizens who want to know about head of state's assets cannot find the information due to lack of money, resistance in the bureucracy and behavior they face when they are trying to get information. Many high level politicians keep their assets in the names of others.

Peer Review Comments: No assest records are properly maintained.

In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

28: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Score:

100

Comments:

References: Rauf Khan Gandapur, advocate, PHC, Peshawar

Peer Review Comments: 1- [ LINK ] "The government in power must also realize and understand their responsibilities that civil servants are not to be used by any party. Our leaders and politicians should not try to interfere with the civil officers and try to bring political pressure to bear upon them.

This leads to nothing but corruption, bribery and nepotism. Interfering in this way, the politicians are doing nothing but disservice to Pakistan. This terrible evil demoralizes the service. Influencing departments, officers, putting pressure and influence is a very common fault of politicians"

2-[ LINK ] "Civil servants enjoy considerable leverage in the public policy process. Although it is the ruling party that dictates the nature of policies it wants to adopt, it is the bureaucracy whose advice it has to depend on. Policy is initiated at the ministry/agency level on the basis of input from other levels or ministries/agencies. At the higher levels, policies are discussed before options are placed in cabinet for examination and selection. Cabinet committees work closely with officials in refining policy options"

Peer Review Comments: Under the reinstated chief justice of Pakistan, Iftakhar Muhammad Chudary, the Pakistan judicary was becoming independent first time and the judges started void the powers of the ruling political party. The President imposed a constitutional emergency and issued Provisional Constitutional Order (PCO) and removed judges who were not willing to take orders from the executive office.