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District Multi-Stakeholders Forum for Constitution and Peaceful Coexistence

POLICY RECOMMENDATIONS ON THE RIGHT TO TRANSPARENT

GOVERNANCE

Policy Recommendation 1: Constitutional and Legislative Reforms:

1.1. Suitable provisions in the Constitution should be incorporated to declare andensure that transparency, not secrecy, shall be the general rule and norm which

will govern the actions of the government, Executive (President, Ministers, otherMinisters), the Public Service, including public sector institutions and those of

other institutions in which the government has some interest, the Legislatures, andthe Judiciary.

1.2. Effective Checks and Balances procedures should be introduced throughConstitutional Provisions among the three branches of the State- Legislature,Executive and Judiciary in order to prevent the abuse or misuse of powers vested

with these institutions.

1.3. Executive immunity provided in the Constitution should be removed and ChiefExecutive should be made accountable to the rule of law through a Constitutional

provision.

1.4. The proposed Freedom of Information Act should provide for the public officersto provide information when requested by any members of the public as well as

mandate these offices to proactively display and publish critical information oftheir work, expenditure, etc on a regular basis, viz., once in six months or once a

year. There should be effective sanction provided for failure to do so or willfulneglect of these duties.

1.5. The Constitution and relevant laws should be amended to encourage PublicInterest Litigation in matters of governance, whether relating to alleged abuse ofpower, corruption and/or bribery. Any purported action which undermines or

compromises the Rule of Law in the country should be a proper concern of everycitizen in the country and any citizen should be free and should have the right to

bring such matters before the courts of law without any hindrance.

1.6. All provisions of the existing laws, regulations, rules, codes, practices etc whichmilitate against transparency and which foster secrecy or which are inconsistent

with the letter and spirit the right to transparent governance be repealed once theConstitutional and legislative measures as enumerated above come into operation.

1.7. A Freedom of Information Act should be enacted to enable public officers toprovide information when requested by any members of the public as well asmandate these offices to proactively display and publish critical information of

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their work, expenditure, etc on a regular basis, viz., once in six months or once ayear. There should be effective sanction provided for failure to do so or willful

neglect of these duties. This act should incorporate the salient recommendationsof the Commonwealth Parliamentary Association and World Bank Institute Study

Group on Access to Information.

Policy Recommendation 2: Institutions to Safeguard Transparent

Governance:

2.1. An independent Institution, such as a National Integrity Commission beconstituted through Constitutional provisions to deal with issues of anti corruptionand bribery and to ensure the proper and efficient administration of the legislation

related to transparent governance. This Commission should have adequatepowers, authority, autonomy, human and financial resource and institutional

capacity with regional branches to deal with issues of corruption and bribery in aneffective and efficient way.

2.2. The Office of the Auditor General should be made more independent andefficient. A National Audit Act providing for this as well as the establishment ofNational Audit Commission should be passed to give more powers for the Auditor

Generals office to audit the activities of the Public Service on a continuous basis.

2.3. The Parliamentary Oversight Committees, such as Committee on PublicEnterprises and Public Accounts Committees must be strengthened and activated

to perform its functions effectively and efficiently and in a transparent manner.Members of the public should be, as of rights, given access to the proceedings of

these Committees as well as their reports and recommendations must be madeavailable to the public without any delay. These reports should be deemed as

public documents which need no approval from anybody for being published.

2.4. The 17th Amendment should be implemented forthwith. And all the independentbodies envisaged in the Amendment should be established without any further

delay.

2.5. The Election Commission be established and election laws to be revised to ensurecorruption is eliminated in the process of elections. The laws must be amended to

ensure transparency of election process, in particular the polling and countingprocesses, subject to ensuring the confidentiality of voting.

2.6. National Procurement Agency to ensure obtaining of services and goods for thePublic Service should be done through transparent and efficient manner.

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Policy Recommendation 3: Enforcement of laws:

3.1. Laws to ensure transparency, against corruption and abuse of powers should beenforced efficiently and effectively.

3.2.

Those who are found guilty of engaging in corruption and bribery in governancebe dealt with severely in that they should not only be sent to prison but also bedebarred from entering public service, whether as an employee or as a Member of

Parliament, Provincial Councils, Local Authority or as a Minister or President fora period of at least seven years.

3.3. Protection of whistle blowers and witnesses should be ensured to sustain anenvironment in which those come forward to reveal cases of corruption andbribery be protected from any form of reprisals.

3.4. Annual Declaration of the assets of executive officers and representatives ofpublic bodies should be made compulsory. The National Integrity Commissionshould be empowered to examine these asset declarations and to take actions for

false declarations.

3.5. A Transparency Index to be released by every Ministry and department.