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2007 Assessment

Pakistan: Integrity Indicators Scorecard

Pakistan: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
29	Can members of the legislature be held accountable for their actions?	92
30	Are there regulations governing conflicts of interest by members of the national legislature?	57
31	Can citizens access the asset disclosure records of members of the national legislature?	67
32	Can citizens access legislative processes and documents?	50

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

29a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments: The Supreme Court in 2006 had asked the NWFP government to review a new legislation, the Hasba Act, which was passed by the provincial assembly, but the judiciary observed that the law was inconsistent with the constitution, and the Supreme Court expressed its reservations and proposed appropriate changes in the proposed law.

References: Article 199 of the Constitution of Pakistan 1973.

Shakil Ahmad, advocate, Supreme Court of Pakistan, Peshawar

Peer Review Comments: [ LINK ]

29b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments:

References: Shakil Ahmad, advocate, Supreme Court of Pakistan, Peshawar

Peer Review Comments: If "when necessary" means that the judges have the power to conduct such reviews, then yes, that's true.

29c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments:

References: Shakil Ahmad, advocate, Supreme Court of Pakistan, Peshawar

Are there regulations governing conflicts of interest by members of the national legislature?

30a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments:

References: Members of the legislature are required to file asset disclosure forms under the Representation of People's Act 1976.

Shakil Ahmad, advocate, Supreme Court of Pakistan, Peshawar

30b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: Shakil Ahmad, advocate, Supreme Court of Pakistan, Peshawar

30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments: The law bars the exchange of gifts or extending hospitality to members of the legislature, but if such hospitality or gifts are offered in exchange for the use of the legislature office for unlawful gains, then the mischief falls under the general law of the land.

References: All gifts received by members of the legislature or government servants, 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)]

Shakil Ahmad, advocate, Supreme Court of Pakistan, Peshawar

30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments:

References: Shakil Ahmad, advocate, Supreme Court of Pakistan, Peshawar

30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments:

References: Shakil Ahmad, advocate, Supreme Court of Pakistan, Peshawar

30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments:

References: Shakil Ahmad, advocate, Supreme Court of Pakistan, Peshawar

30g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments:

References: Shakil Ahmad, advocate, Supreme Court of Pakistan, Peshawar

Can citizens access the asset disclosure records of members of the national legislature?

31a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments:

References: Rules of the Election Commssion and Rules of Parliament provide the citizens with access to the legislative process or documents.

Shakil Ahmad, advocate, Supreme Court of Pakistan, Peshawar

31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments:

References: Shakil Ahmad, advocate, Supreme Court of Pakistan, Peshawar

31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments:

References: Shakil Ahmad, advocate, Supreme Court of Pakistan, Peshawar

Peer Review Comments: in pratice no proper system exists to keep the record of assests.

Can citizens access legislative processes and documents?

32a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments:

References: Under the Rules of Business of the National Assembly or provincial assemblies, nobody has access to proceedings. However they give out copies of the bills and the proceedings to journalists and other civil society organizations.

Bacha, barrister, ex-vice president, Supreme Court Bar Association of Pakistan, Peshawar

Peer Review Comments: www.na.gov.pk/rules_procedure.pdf I think it depends on the speaker. If the assembly is not secret, as stated on page 12 of the National Assembly proceedings, the journalists' and visitors' galleries are there and any citizen can go and watch the procedure.

32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments: In practice, there are many hurdles for a citizen to access the legislative information.

References: Bacha, barrister, ex-vice president, Supreme Court Bar Association of Pakistan, Peshawar

32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments:

References: Bacha, barrister, ex-vice president, Supreme Court Bar Association of Pakistan, Peshawar