Comparison of performance of ICAC and NAB

(Zaheer Ud Din Qureshi, Muzaffarabad)

Comparison of Performance of Anti-corruption Agencies in Pakistan and

Lately the idea of having one central anti-corruption agency has caught the imagination of the anti-corruption strategists. This interest in central agencies is result of tremendous success achieved by these kinds of agencies in two Asian countries Hong Kong and Singapore. Singapore was the first to establish a central anti-corruption agency, Corrupt Practices Investigation Bureau. Hong Kong established Independent Commission Against Corruption (ICAC) in 1974. Success of Hong Kong model initiated a trend of single anti-corruption agencies. By now 30-40 countries have this kind of single agencies (Meagher 2004). Pakistan followed suit by establishing National Accountability Bureau (NAB) in 1999. But this lesson drawing has not served Pakistan well. Recently there has been increasing realization of the failure of NAB, both within and outside the agency. The agency’s 2006 annual report terms its efforts as “losing battle against growing mass of corruption” (p-1) . The present essay will compare the performance of Pakistan’s National Accountability Bureau to its counterpart in Hong Kong, ICAC. The reason for the comparison is outstanding success of ICAC which will help us to find out some of the causes for failure of NAB. The essay contends that strong popular support and interactive patterns of working has made ICAC a success whereas lack of political will, democratic legitimacy and secretive style of working have contributed to NAB’s failure. It is important to note that ICAC and NAB are performing many functions related to anti-corruption. For example ICAC is performing three functions: prevention, education and investigation. NAB also performs all these three and some more functions. But due to limitations of the study (time constraint and word limit) we will limit our discussion only to the investigative function of these agencies. The reason for selecting investigative function out of three is its fundamental role for creating deterrence against corruption.
For comparing the performance of agencies we need to have some sort of criteria for assessment of performance. The essay will use the performance indicators developed by The New Public Management. These performance indicators can be divided as resource management criteria and social right criteria (Mulgan 2006). Resource management criteria as economy, efficiency and effectiveness have been drawn from private sector managerial practices where bottom-line goals of organization are always very clear. Assessing performance of public organizations on these criteria poses two types of problems. First public sector organizations often work with ambiguous organizational goals where bottom-line is constantly mobile. Secondly data necessary to measure performance against these criteria is not always available. Especially for anti corruption agencies it is inherently complex to have any sort of objective assessment due to complexity of goals and mission. For example the criterion of ‘economy’ reflects the desire that public dollar should go further (Wanna et al 1992). For a private sector enterprise it is very easy to translate and measure economy in terms of lowering cost of production per unit. In public sector too it can be helpful in assessing the performance of agencies who are dealing with purchase and provision of goods and services for public consumptions. Purchasing the goods of similar quality and in same number in fewer prices is being economical. However measuring the performance of an anti corruption agency in these terms would mean comparing the budget allocated to total number of arrests made or convictions achieved by the organization. In this sense rate of convictions per dollar or rate of arrests per dollar will be used as performance indicator: the higher the rate of convictions per dollar the better the performance. But is it reasonable to see the performance of an anti-corruption agency in these terms? Are prosecutions and arrests an end in themselves for an anti-corruption agency or means to an end? It is crucial for any sort of performance criteria to be both measurable and relevant because “not everything that counts can be counted and not everything that can be counted counts. ” Rates like arrests per dollar or convictions per dollar are easy to measure but they do not tell us anything about level of deterrence achieved by these arrests and convictions. Infact similar sort of questions can also be raised about the other two resource management criteria. ‘Efficiency’ is concerned with relationship of inputs and outputs. Instead of monetary inputs here we can use number of complaints as inputs and number of cases filed or number of convictions achieved as outputs. Efficiency in this case will be measured by such indicators as number of cases filed per complaint or convictions achieved per complaint. Similarly ‘effectiveness’ of an organization is measured by the assessment of quality of out put and whether pre-determined goals are achieved (Wanna et al 1992). For an anti-corrution agency pre-determined goal is to achieve deterrence against corruption. Quality of the out put will be judged against this criterion of deterrence. Obviously arrests and prosecutions are means to the end of creating deterrence against corruption. But the crucial question is to measure the degree of deterrence a particular arrest or conviction or a number of arrests or convictions have achieved. It is almost impossible to relate the number of arrests or convictions to more or less deterrence. Arrest or conviction of one ‘big fish’ might be able to achieve more deterrence than hundreds of arrests or convictions of ‘small fry’. Annual reports by these agencies tend to see their performances in the light of same resource management criteria. Following table compares the performance of NAB and ICAC in the light of quantitative data given by the agencies in their annual reports for 2005. It is important to admit that the data given by these agencies is not consistent and many times incomplete.
Year 2005 ICAC NAB
No of graft reports 3685 12255
Complaints addressed 3685 10356
Investigations authorized Not Available 721
Investigation finalized 3274 317
Money recovered Not applicable 882.9 million PRs
Arrests made 839 1115
Cases file Not Applicable 144
Conviction rate 81 % 48.1%

It is easier to compare common available figures and draw our conclusions. For example ICAC has received 3685 complaints this year. It has been able to address all of them. Out of 3022 pursuable complaints only 77 are pending. As compared to this NAB is able to address 84.50 percentage of complaints hence performance of ICAC is better or ICAC has arrested 839 persons while NAB has arrested 1115 persons hence NAB’s performance is better. But this sort of comparison does not seem reasonable because of at least two reasons. First the data given by these agencies is often both incomplete and inconsistent. Moreover there is no independent evaluation of data hence it may be inaccurate too. Secondly despite being anti-corruption agencies the nature of job for agencies is different in some respects. For example there is separation of investigation and prosecution in ICAC but NAB performs both these functions. Hence ICAC’s greater rate of conviction can be attributed to ICAC’s good quality of investigation or good work by another agency that is Secretary of Law and his prosecutors. Neither of the agencies gives any information about the nature of cases filed and the nature of convictions achieved. Hence we do not know what contribution these activities have made towards achievement of the ultimate mission, creating deterrence against corruption. Similarly NAB seems to be more focused on recovering looted money by using its powers of plea bargain . Its annual report presents the amount of money recovered as an indicator of success (p-27). There is no similar provision in ICAC law. Due to this kind of practical difficulties of measurement and relevance it does not seem possible to achieve any meaningful comparison using resource management criteria.

What then can serve our purpose of comparison? According to our view social right or social outcome measures can better serve our purpose of comparison. The qualitative nature of the mission of these agencies is better suited to be assessed by these social indicators. Social right or social outcome criteria include equity, accountability and electability. The ultimate end for any anti-corruption effort is to enhance accountability and promote equity. Absence of accountability is one key factor promoting corruption (Klitgaard 1988). If an agent believes that he can use his powers without being accountable to principal he will tend to indulge in corruption but if he has to be accountable for his actions he will not tend to indulge in corruption.

‘Equity' involves treating everyone equally with out any sort of favour or prejudice. Corruption is bad because it creates incentives for being in-equitable. Hence anti-corruption effort is naturally believed to promote equity. Wanna et al (1992) believe that ‘electability’ (promoting chances of incumbent government to get re-elected) is ‘informal and unstated’ performance indicator for any government organization. This is not true for an anti-corruption agency. Any sort of link with electoral politics is fatal to credibility of any such organization. Hence ‘electability’ can serve and should serve as negative performance indicator for any anti-corruption agency.

The social right criteria are certainly relevant but are they measurable too? How can we know that anti-corruption effort in particular country by a particular agency is able to achieve equity or accountability? According to our view there can be no definitive quantitative measures to gauge existence or non-existence of equity or accountability or changes in them. They are more of intangible states of mind than tangible quantities. They exist in perceptions of the people. For knowing that equity or accountability exists or have improved as result of anti-corruption effort we have to rely on perceptions of the people. Measuring the success or otherwise of anti-corruption effort is very similar to measuring the existence or non-existence of corruption. Larmour et al (2004) have rightly noted that “The amount of corruption is in principal hard to assess….The amount of corruption is also partly a question of perception….Like crime, the rate is hard to assess from police reports and successful prosecutions.” Hence the existence or non-existence of corruption is measured by measuring the perceptions of people. Transparency International‘s corruption perception index uses surveys to measure the perceptions about corruption. Similar sort of perception indices can be used to gauge the success of any anti-corruption agency. Mark Schacter has tried to develop one such set of indicators to measure the success of accountability agencies which are quite similar in type to those used by Transparency (Schacter 1999). An alternate method of measuring the success of anti-corruption effort can be to measure it in a negative way by using the falling corruption perception index as indicator of success of anti-corruption effort. Here the comparison of corruption perception index scores of the countries can serve the purpose of comparing the success of anti-corruption agencies. Infact for our discussion of social out comes changing perceptions are more important than the hard figures about prosecutions and convictions. If an anti-corruption agency is successful in changing perceptions about the level of corruption in a country the hard part of work is done. According to these criteria ICAC has been tremendous success. Performance of NAB is not up to expectations in this regard too. Following table gives a comparison of corruption perception indices calculated by the Transparency international regarding both the countries for years 1995-2005 .

Year CPI score for Hong Kong CPI score for Pakistan
1995 7.12 2.2
1996 7.01 1.00
1997 7.28 2.5
1998 7.8 2.7
1999 7.7 2.2
2000 7.7 Not available
2001 7.9 2.3
2002 8.2 2.6
2003 8.0 2.5
2004 8.0 2.1
2005 8.3 2.1

The continuously rising score in corruption perception index for Hong Kong reflects the rising confidence of people in ICAC .This serves as a kind of independent confirmation of figures given in annual report of ICAC about rising number of non-anonymous complaints which is also an expression of confidence in the organization. In the case of Pakistan there is no change in score of corruption perception index. Infact for last two years the score is falling further down. This decrease in corruption perception index score means that NAB has failed even in arresting the growth of corruption, not to talk of decreasing it. The comparison would have been more appropriate if the data about the formative years of ICAC have been available. Because it can be argued that ICAC has become of age while NAB is “still a sibling” (NAB annual report 2005, p-1). It is true that organizations take time to establish but six years is not that short a period. At least for arresting the growth of corruption six years should be enough. Most importantly it is impossible to find any excuse for rise in corruption which is shown by the Transparency’s data.

Another important issue related to the performance of these agencies is their ability and success in promoting culture of good governance in the country. Controlling their own officials and observing good governance values in their own set up is the minimum expected of these agencies. The goal for them is to promote a culture of good governance in their respective countries. Such an aim, infact, is part of the very rationale for having an anti-corruption agency. Corruption is not despised mainly for the amount involved but for the vicious cycle of undesirable consequences it generates. Similarly the success of anti-corruption agencies should not be measured by numbers and amounts but by their ability to generate a virtuous cycle of socially desirable consequences. An assessment based on this criterion can be helpful in making a meaningful comparison of performance of the agencies. The world wide governance indicators developed and published by the World Bank can serve the purpose of such a comparison . The World Bank uses six aggregate indicators for measuring the quality of governance. Following tables compare the data produced by the World Bank regarding all the six indicators for Hong Kong and Pakistan.

A: Voice and accountability
Country Year
1996 1998 2000 2002 2003 2004 2005
Hong Kong 0.49 -0.30 -0.52 0.16 0.41 0.22 0.26
Pakistan -1.06 -0.68 -1.57 -1.12 -1.18 -1.31 -1.23

B: Political stability
Country Year
1996 1998 2000 2002 2003 2004 2005
Hong Kong 0.08 0.64 0.99 0.91 0.97 1.20 1.19
Pakistan -1.41 -1.21 -0.88 -1.51 -1.58 -1.67 -1.68

C: Government effectiveness
Country Year
1996 1998 2000 2002 2003 2004 2005
Hong Kong 1.93 1.55 1.13 1.38 1.40 1.56 1.63
Pakistan -0.39 -0.74 -0.53 -0.57 -0.56 -0.52 -0.53

D: Regulatory quality
Country Year
1996 1998 2000 2002 2003 2004 2005
Hong Kong 1.75 1.44 1.72 1.43 1.75 1.88 1.89
Pakistan -0.54 -0.20 -0.81 -0.83 -0.78 -0.89 -0.60

E: Rule of law
Country Year
1996 1998 2000 2002 2003 2004 2005
Hong Kong 1.67 1.52 1.44 1.17 1.33 1.38 1.50
Pakistan -0. 49 -0.79 -0.75 -0.75 -0.69 -0.83 -0.81

F: Control of corruption
Country Year
1996 1998 2000 2002 2003 2004 2005
Hong Kong 1.64 1.67 1.43 1.45 1.49 1.56 1.68
Pakistan -1.04 -0.82 -0.94 -0.85 -0.76 -1.06 -1.01

Data clearly shows the huge difference in governance indicators for both the countries. Pakistan is conspicuous by negative performance in all the indicators. Notably the corruption control indicator is also negative despite six years of work by NAB.

After looking into dwindling performance by the anti-corruption icon in Pakistan, it is pertinent to look into some of the causes of this dismal performance.

According to Professor Qua (1999) political will is pre-requisite for success of any anti-corruption agency. Without backing from the highest political echelons these institutions can not work effectively. ICAC came into being as result of a popular demand and it is able to build upon this popular base through elaborate systems of checks and balances. Infact winning popular support is one basic element of strategy of ICAC (Speville 1997). The simple fact that over the years number of non-anonymous complaints is increasing speaks volumes about the public confidence in the organization. This is one example of positive social outcomes. Instead of acquiescence people now are prepared to take corruption upfront. One key factor for this soaring confidence is organization’s willingness to fry the big fish. Unfortunately NAB lacks the political will and democratic legitimacy. Instead of popular demand it was established by a new government. People tend to associate this sort of organizations with their creator government rather than with their agenda. Infact this legitimacy crisis is two fold for NAB because it is established by a military government who by definition is illegitimate. Moreover lack of political will to fry the big fish has badly tarnished the credibility of the institution. In order to enhance ‘electability ’ of the government some big fish were set free (Khan et al 2004).

Equity is achieved in ICAC through its ability to address all complaints. NAB however is able to investigate only less than 10 percent complaints (Annual report 2005, p-1). Complaints are selected according to a prioritisation policy (DG’s policy conference 2006). This prioritization policy is known only to the organization itself. Infact NAB was doomed to selectivity from its very inception because it is selectively empowered to investigate corruption cases. Two important organizations military and judiciary are outside its purview.

Similarly ICAC’s structure and working is more accountability friendly. It is responsible to Chief Executive, Executive Council and The Legislative Council. Its operations are under effective civil society checks through four committees of citizens. These committees produce their own reports. An internal monitoring wing, L group caters all the complaints against ICAC officials. Reports of this group are discussed in operations review committee headed by a citizen and then the Secretary of law examines these reports. Another independent committee headed by a member of legislative council also entertains complaints against staff of ICAC. In addition to this separation of powers of investigation and prosecution also ensures the accountability of ICAC investigators .

NAB, in complete contrast, is answerable to none. The law only binds it to produce an annual report and present it to the President . There is no separation of powers. The organization both investigates and prosecutes. Infact there is serious attempt to weaken the judicial accountability too by creating special accountability courts under the same law which has established this organization. Specially empowered judges are appointed to these courts. This obsession with ‘unity of command’ has created working cultures which is secretive. Decision making is internalized and there is no mechanism for feedback. Recently announced policy statements profess to make decision making more inclusive . But the decision boards announced all comprise of officers from the agency. Infact the structure and working pattern of the agency represent the colonial mind set of ‘patriarchal benevolence’ rather than democratic responsibility.
Analysis of our case studies clearly shows that ICAC’s superior performance is result of political commitment, popular support and its interactive working pattern. Pakistani agency lacks in all these areas, hence its performance is dismal.

References
Khan, M, kakakhel, N & Dubnich, M 2004, ‘prosecuting corruption: the case of Pakistan’, Institute of Governance, Public Policy and Social Reaserch, Queen’s University, Belfast
Klitgaard, RE 1988, Controlling corruption, Berkeley: University of California Press
Larmour, P & Barcham, M 2004, National integrity systems –Pacific islands, Transparency International
Mulgan, R 2006, (R Mulgan, lecture on ‘Values in Public Administration’ to Comparative Public sector management class), Australian National University
Meagher, P 2004, ‘Anti-corruption agencies: rhetoric versus reality’, The Journal of Policy Reform, vol. 8, no. 1, pp. 69-103
Quah, J 1999, ‘Comparing anti-corruption measures in Asian countries: lessons to be learnt’, Asian Review of Public administration, vol. 11, no.2
Schacter, M 1999, “a framework for evaluating institutions of accountability, in A, Shah, (editor) 2003, Ensuring accountability when there is no bottom-line, vol,1 of Handbook on public sector performance review, The World Bank, Washington D.C.
Speville, B 1997, Hong Kong: policy initiatives against corruption, Organisation for Economic Co-operation and Development
Wanna, J et al 1992, Public sector management in Australia, Macmillan Pres, Melbourne, ch. 2
The World Bank, ‘A decade of measuring the quality of governance’, Governance Matters 2006,

Zaheer Ud Din Qureshi
About the Author: Zaheer Ud Din Qureshi Read More Articles by Zaheer Ud Din Qureshi: 9 Articles with 48191 views Educated at AJK university, The Punjab University and Australian National University.
Work with AJK goverment.
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