Bribery and Corruption
Bane of our Country:
Dr Daya Hewapathirane
Corruption is the misuse of power, office or authority for private
profit which could occur in the public and private domain. In Sri Lanka,
corruption has become so widespread that its harmful consequences are
felt either directly or indirectly by every person in our country.
However, it is a fact that the effects of this menace are felt more by
the poor and underprivileged. It has the effect of entrapping the poor
in poverty.
On the other hand, most often, the rich and powerful benefit from
corruption. According to retired Judge Ameer Ismail, who was the
Chairman of the Commission to Investigate Allegations of Bribery or
Corruption in Sri Lanka, any form of behaviour which departs from
ethics, morality, tradition and civic virtue could be labelled as
corruption and corruption slowly but steadily destroys the fabric of
society.
Corruption involves the improper and unlawful behaviour of
public-service officials, both politicians and civil servants, whose
positions create opportunities for the diversion of money and assets
from government to themselves and their accomplices.
Public sector predicament
It is a fact that corruption has been for decades, one of the primary
precursors of economic retardation and social underdevelopment of our
country. Corruption of various forms appears to be the fundamental
predicament with our public services. This is an endemic problem and is
one of the greatest obstacles to development of our country. Pervasive
corruption reduces the efficiency of government and gives it a hopeless
image. This results in the public losing confidence in the government
and its leaders.
Reforms in our public service establishment is absolutely necessary
if we are to implement effectively what is stipulated in the Mahinda
Chintanaya and to be assured of the beneficial effects of other
elaborate development initiatives highlighted from time to time by our
national leadership. However sound and desirable our development
policies and programs may be, their success in terms of socially
beneficial consequences depends much on the attitudes towards such
policies and programs on the part of those responsible to implement
them.
Objectives set out in development initiatives including social
welfare programs are not attained as planned, when the bureaucracy
responsible for implementation of such ventures is wanting or slack in
terms of its commitment, knowledge, competency, efficiency and
responsibility. The situation is further aggravated in situations where
public officials are prone to corruption, lethargy, indifference and
disinterest in their work and are being subject to undue and unwarranted
political maneuvering and influence.
What is essential as a priority requirement for success in
development initiatives in our country is a committed and enlightened
public service. Here, the quality of public officials at higher levels
is of fundamental importance. They need to be people with integrity.
They should possess leadership qualities with a high degree of
professionalism, competency and democratic character. They should be
professionals who are committed to efficiency, accountability,
transparency and equity in service delivery and are receptive to issues
and problems encountered by the general public, especially in their
dealings with the public service.
Impacts and implications of combating corruption
Corruption is a global phenomenon, but it has a greater impact on
developing nations. The nature of corruption is extremely destructive in
the Third World where it occurs upstream. According to retired Judge
Ameer Ismail, most of the money gained through corrupt means in the
Third World is smuggled out to safe havens abroad. He says that in the
Third World corruption is not effectively confronted, but it is
sometimes overlooked and not punished. Because corruption reaches the
very top in so many societies, a bottoms-up strategy for weeding it is
unlikely to work. Instead a top-down approach is needed.
The reality is that while some make a fortune through corruption in
the Third World, the majority of the population cannot meet even their
basic needs while national budgets have yawning gaps. Corruption in such
a scenario, if unabated, will inevitably lead to massive human
deprivation and this trend is evident in many poor countries in the
world. Combating corruption in the Third World is not just about
punishing corrupt politicians and bureaucrats but about saving life and
preserving the right to life.
Transparency international
Transparency International raises awareness of the damaging effects
of corruption and works with partners in government, business and civil
society to develop and implement effective measures to tackle it.
According to Transparency International, corruption is notoriously
difficult to measure. The complexity and secrecy that shroud corrupt
deals mean that it is virtually impossible to quantify the financial
cost of corruption. The human expense is clear to see though, and it is
the poorest that are most vulnerable. Transparency International
advocates stricter implementation of the UN Convention against
Corruption, the only global initiative that provides a framework for
putting an end to corruption. Across the globe, transparency and
accountability are critical to restoring trust and turning back the tide
of corruption.
Corruption perceptions index
Since 1995 Transparency International has published each year the
Corruption Perceptions Index (CPI). The 2010 Corruption Perceptions
Index shows that nearly three quarters of the 178 countries in the index
score below five, on a scale from 10 (highly clean) to 0 (highly
corrupt). These results indicate a serious corruption problem in the
world as a whole. No region or country in the world is immune to the
damages of corruption, the vast majority of them score below 5.
Singapore, Denmark and New Zealand are tied at the top of the list with
a score of 9.3, followed closely by Finland and Sweden at 9.2. As far as
CPI of Asian countries are concerned, Sri Lanka ranks below Hong Kong,
Japan, Taiwan, Bhutan, Brunei, South Korea, Malaysia, China, Thailand
and India.
The indian experience and implications for Sri Lanka
What the Indian Prime Minister has said in a conference in August
2009 at New Delhi, on the menace of corruption in India appears to apply
closely to Sri Lanka as well. He points out that corruption distorts the
rule of law and weakens institutions of governance and hurts economic
growth in a variety of ways, apart from hindering efforts to build a
just, fair and equitable society. He stated that the world respects
India’s democracy, her plural and secular values, her independent
judiciary and the free press, her commitment to freedom and peace and
her pursuit of equitable and inclusive growth, but pervasive corruption
in India markedly tarnishes India’s image. He shows how it discourages
investors, who expect fair treatment and transparent dealings and how
corruption has become an impediment to harnessing the best of technology
and investable resources.
He continues that important projects, which have huge externalities
for growth, do not get implemented in time, and when they do get
finished, they are often of a poor quality. Inflated project costs
consume scarce national resources which could have been better used in
other important areas in the service of the people. India has some of
the most ambitious and wide ranging programs in place today to help the
poor and the marginalized sections of society. But, there is a constant
refrain in public discourse that much of what the government provides
never reaches the intended beneficiaries.
The PM stated that there is no single remedy for fighting the menace
of corruption and that the battle has to be fought at many levels. The
design of development programs should provide for more transparency and
accountability. Systems and procedures which are opaque, complicated,
centralized and discretionary are a fertile breeding ground for the evil
of corruption. They should be made more transparent, simpler,
decentralized and less discretionary.
The PM said that High-level corruption should be pursued
aggressively. There is a pervasive feeling in India that while petty
cases get tackled quickly, the big fish often escape punishment. Rapid,
fair and accurate investigation of allegations of corruption in high
places should receive utmost priority. The ever evolving levels of
sophistication and complexity in different cases of corruption present
no doubt special challenges for the law enforcement agencies. It is
necessary to upgrade capabilities by learning from the best global
practices and sharing the best practices with all those involved in the
anti-corruption effort.
It must be ensured that the innocent among public officials are not
harassed for bonafide mistakes, even while the corrupt are relentlessly
pursued and brought to book. Officials have to be encouraged to take
decisions, to accept responsibility, to show initiative and, whenever
required, to take risks if the bureaucracy is to shed its slothful and
lethargic image.
Very often, the fear of harassment and damage to reputation makes
public officials unduly timid and slow and the whole government
machinery becomes ineffectual. The PM insisted that anti-corruption
personnel have therefore to develop a system of investigation that
factors this element into their thinking processes.
The example of Singapore
Singapore, Denmark and New Zealand are countries with the lowest
levels of corruption. Singapore is a role model in the fight against
bribery and corruption. Prime- Minister Lee Kuan Yew brought the Corrupt
Practices Investigation Bureau under his authority and took a ruthless
approach to enforcing the law. This approach paid rich dividends. The
incidence of bribery and corruption came down dramatically, and
Singapore became virtually free of bribery and corruption. Transparency
International has ranked Singapore as among the three least corrupt
countries in the world. It is widely acknowledged that the critical
factor that helped Singapore achieve this status is strong political
will.
Like Singapore, Sri Lanka has the legal and institutional mechanisms
to fight bribery and corruption. It is said that Sri Lanka can
legitimately boast of the best anti-corruption laws in the entire Third
World. However, this has not helped us to check bribery and corruption,
which is rampant. Having anti-corruption laws and regulations in the
statute book alone serves little purpose, unless these laws are
implemented without fear or favour - and with ruthless efficiency and
indomitable political will, something we have not seen so far under
successive governments.
We have the Independent Commission to Investigate Allegations of
Bribery or Corruption (CIABOC) in accordance with the provisions
underlined in the Constitution. It ended its term in March 2010, but a
new commission is yet to be appointed. For this to happen it is
necessary that a Constitutional Council which is the legal body
authorized to appoint the CIABOC is established which is still pending.
The appointment of suitable persons to the CIABOC is the responsibility
of the President.
If our Government is genuinely concerned about arresting bribery and
corruption, then the big fish should fry, whether they are in Opposition
or on the Government side. Political leaders in all branches of
Government, legislative and judiciary must necessarily be required to
have transparency in their own financial dealings through asset
disclosure for themselves and their family members. This should also
apply to the bureaucracy especially at the higher levels.
Here is a valuable quote from a speech of the late Lakshman
Kadirgamar immediately following a parliamentary election in the early
2000s. “Corruption is the scourge of our country. It is a plague in our
country. The ramifications of corruption run deep in our society. I do
not know what we can do about it. If the new Government can summon up
the political will and courage to launch, and sustain to conviction, a
few spectacular prosecutions against high level offenders, it would have
a salutary deterrent effect that might help to haul us out of the mire
into which we have fallen. If the new Government also fails to do so, I
dread to contemplate the future of the country”.
Declaration of Minister of Public Administration
It was encouraging to note that our Minister of Public Administration
and Home Affairs declared in June 2010, that bribery and corruption and
delay in attending to public matters will soon be eliminated. The
Minister told a media conference that bribery was rampant in government
departments and in some departments, bribes were sought by high ranking
officials and labourers to attend to the legitimate requirements of the
general public. He said an effective awareness program to educate the
public officials to refrain from bribery for favours would be launched
island-wide. The Deputy Public Administration and Home Affairs Minister
said that one of the root causes for the collapse of Government services
had been inefficiency and lack of interest on the part of public
officials serving the public. He said that a constructive employee
appraisal system would be introduced while department and sectional
heads would have to ensure their subordinates fulfill their
responsibilities.
In spite of such bold utterances, the Government is yet to put in
place a solid set of preventive tools. Codes of Conduct and strong
independent oversight bodies can help ensure that the acceptable
standards of behaviour are respected in both the public and private
sectors. It is necessary to establish a sound code of conduct for
government officials certain grades of public officers, should be
required to declare their assets.
Corruption must at least be substantially minimized if we are to
build a society based on sound institutional foundations. This is a
necessary prerequisite if we are to build our nation to be the “Miracle
or Wonder of Asia”. For their part, government leaders, politicians and
bureaucrats must provide the political will to address all forms of
corruption. Governments need to introduce appropriate legislation to
reduce corruption and provide whatever means are necessary to ensure
that appropriate steps are taken to build systems of integrity and rule
of law.
Judiciary, Police Force and other sectors
The basic institution of good governance needs to be strengthened. At
the head of this list is the judiciary, which is itself the guardian of
laws and integrity. But if the judiciary is itself corrupt, the problem
is compounded and the public at large without rule of law. The capacity
and integrity of law enforcement need to be enhanced.
The best law has no value if it is not enforced. The best judges and
magistrates are wasted if cases are never brought to them. Good
investigations are wasted effort if the judge or magistrate is corrupt.
Widespread corruption in the Police force is a well-known fact. It is
ironical that the professionals who have as their occupation the
maintenance of law and order in the country are the ones who are most
prone to corruption.
The media has often highlighted bribery and corruption in the
country’s Education and Public Health sectors. It is widely alleged that
most principals, vice principals and other key personnel of well-known
schools take bribes when admitting students to their schools or in the
form of various building construction funds.
On the basis of the number of corruption-related experiences found
within each sector, it appears that corruption exists not only due to
flawed procedures within institutions, but also due to the encouragement
of corruption by service recipients.
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