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FACULTY OF EDUCATION AND LANGUAGE
SEMESTER: MAY/ YEAR: 2013
COURSE CODE: OUMH3203
COURSE TITLE : PROFESSIONAL ETHICS
OUMH3203
Table of Content Page
1. INTRODUCTION …………………………………………….……… 2
1.1 CHARACTERISTICS …………………………………..... 3 1.2 TYPES OF BRIBERY …………………………………... 3 - 4
2. CONTENT
2.1 ECONOMIC ANALYSIS ON THE ACT OF BRIBERY ….. 4 - 52.2 LEGAL ANALYSIS ON THE ACT OF BRIBERY ………... 5 2.3 ETHICAL ANALYSIS ON THE ACT OF BRIBERY ……... 5 - 62.4 ANALYSIS ………………………………………… 6 - 7 2.5 RECOMMENDATIONS ……………………………………. 8
3. CONCLUSION ……………………………………………………. 9
4. REFERENCES ……………………………………………………. 10
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OUMH3203
1. INTRODUCTION
‘Mordida’ in Mexico, dash in South Africa, ‘baksheesh’ in Middle East, ‘schimengeld’ in
Germany, ‘bastarell’ in Italy and ‘rasuah’ in Malaysia are pointing at the same thing
which is bribery. Bribery treats as one of the condition of ethical problem in working
environment. Bribery happens everywhere in the world and classified as a white collar
crime. The moral severity of the bribery problem is depend on the individual view
because every individual has a different perspective in defining the ethical system, their
own priorities, their standard basis of moral and their purpose and options of actions.
Bribery has been happened between people and government officials for examples to
speed up trade licenses, for police protection and for loan transactions. Ethical problem is
a situation that requires a person or organization to choose between alternatives that must
be evaluated as ethical (right) or unethical (wrong).
In 1970s, the act of paying foreign officials in legal processes or obtaining contracts was
a common business practice around the world. The Watergate scandal, which caused
Richard Nixon’s resignation as president highlighted corporate bribery into world
attention. There are many people become money oriented and thinking of there are no
important of morals and ethics in dealing with other people.
According to the dictionary, bribery is the act of giving, offering, taking or receiving
something in term of monetary or other benefits with the intention of influencing the
recipient in some way favorable to the party providing the bribe. Commonly bribery
purpose is to influence the action of an official in the discharge of his or her public or
legal duties. Regardless of who initiates the deal, either party to an act of bribery can be
found guilty of the crime independently of the other.
The co-operation from every part of organizations and management should be improved
in order to overcome bribery. Though there are many isolated cases, some of them are
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OUMH3203just keep secret. However our government has taken some serious actions towards those
people that practice bribery in their line of work.
1.1 CHARACTERISTICS
These are some characteristics of bribery:-
1.1.1. Any positions, titles, designations, jobs, contracts or services, and promise
for any type of job or service.
1.1.2. Any type of compensation, discount, commission, rebate or bonus.
1.1.3. Money, donation, loan, fee, gift, expensive collateral, properties
(moveable or immovable), rights in properties or any other similar benefits.
1.1.4. Any action that prevents oneself from claiming any money or monetary
value or luxurious items.
1.1.5. Any type of service or help such as protection from any penalties,
disciplinary penalties, civil or criminal charges. This includes using one's
authority or preventing from using one's authority to provide that protection.
1.1.6. Any payments, exemptions, settlement of loans, obligations and liabilities
either in whole or in part.
1.1.7. Any offers or promises, with or without conditions, to give bribes such as
any of the above items.
1.2 TYPES OF BRIBERY
There are different types of bribery such as:-
1.2.1 Offering or giving bribe
Any persons or agents that offer or give or agree to give a bribe (money or
items or services) as a motivator or reward to perform or not to perform any
related transaction or related to a formal transaction, principal or employer.
1.2.2 Requesting or receiving bribe
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OUMH3203Any person or agent that demand or request or receive or agree to accept any
bribe as a motivator or reward to do or not to do anything related to any
formal or informal activities.
1.2.3 Making a fake or unreliable claim
Any person who gives to an agent or an agent gives to his principal or
employer, a document that he or she knows or realizes contains forged
information with the intention of deceiving his or her principal or employer.
1.2.4 Misusing title or position
Any public sector executive that use their title and position to receive bribery
for any decisions or actions related to himself, where the executive, his
relatives or his cronies have an interest in directly or indirectly.
Source: Anti-Corruption Agency, Malaysia
2.1 Economic analysis on the act of bribery
Let us look how bribery is considered as an ethical problem in economic aspect.
According to the business dictionary, bribery is the act of taking or receiving something
with the intention of influencing the recipient in some way favorable to the party
providing the bribe. Bribery is typically considered illegal and can be punishable by jail
time or stiff fines if authorities find out about the bribe.
According to World Bank report (1997 p.20)"Bribes can influence the allocation of
monetary benefits (for evasion, subsidies, pensions, or unemployment insurance.) Bribes
can be used to reduce amount of taxes or other fees collected by government from private
parties. In many countries tax bill is negotiable. Bribes may be demanded or offered for
the issuance of license that conveys an exclusive right, such as a land development
concession or exploitation of a natural rescores. Sometimes politicians and bureaucrats
deliberately put in place policies that crate control rights, which they profit from by
selling. Bribes can speed up the government’s granting of permission to carry out legal
activities. Bribes can alter outcomes of the legal and regulatory process, by inducing the
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OUMH3203Government either to fail to stop illegal activities or to unduly favors party over another
in Court or other legal proceeding."
This report shows that bribery give big impact to our economic status. Government
should be worry of the consequences.
2.2 Legal analysis on the act of bribery
In legal approaches, bribery is a serious offence in many countries. For over ten years,
organizations such as the Organization for Economic Cooperation and Development, the
Council of Europe, and the United Nations have been helping developing countries adopt
legal measures to fight corruption. The various anti-corruption conventions signed by a
wide number of countries represent perhaps the most common element of such work.
Malaysia has its own act under Anti-Corruption Agency against bribery which is
included in Anti-Corruption Act 1997. One of the purposes is to reduce or eliminate the
frequency of bribery. In legal terms, bribery is described as the act of accepting or
offering something of value, such as money, in return for a certain action or influence on
a government official. Bribes can take many different forms, but are always intended to
influence or alter the action of various individuals. Bribery goes hand in hand with both
political and public corruption. According to law, both the recipient of the bribe and the
provider of the bribe can be charged with the offense of bribery. A bribe may be a gift
given to someone in exchange for certain action or influence. Other forms of bribes may
include property, various goods, privileges, services and favors. However, the most
common bribes are given as currency.
4 Ethical analysis on the act of bribery
In moral value of the ethical in bribery, there are a few issues can be raise. There are
some mixture of opinion between bribery and extortion. Bribery said to be illegal
agreement whereas extortion said to be forced upon the victim. Therefore extortion and
bribery can be classified as unethical as well. In reality, it is uneasy to differentiate
between a bribe from extortion. For example in order to release imported containers
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OUMH3203where there are need to have a serious discussion with custom officials. There are many
other examples of where bribery can be happened. The consequences are significant.
Public safeties in term of consumers’ food products to children toys seem not important
anymore. International bribery directly weakens the effort to protect basic human rights.
This is a big complication that should not be ignored.
2.4 ANALYSIS
Let us see why people need to bribe. There are many reasons to practice bribery from the
smaller to a bigger matter. Even though many people that were offered bribe aware of the
consequences and the punishments that they might face, the temptation of making more
money or having extravagant materials that beyond their status or actual salary.When
there are big holes in ethics, people can easily fall to this bribery issue.
There are many organizations or companies or official that prone to the bribery issues.
Here are some examples:
Government official- bribe in exchange for doing something illegal change in his
duties that also misuse his title. Government officials are poorly paid and use
bribery to supplement salaries.
A witness- bribe in exchange of testimony that was not the actual incidents.
Foreign Official- bribe in expected of landing or maintaining important and
significant business contacts.
Bank- Exchange in business transaction to do a favour of something.
Sporting Contests- change the result intentionally.
Healthcare industry- Doctors and pharmacist to prescribe the pharmaceutical
company’s drug or medicine.
Brokers- bribe to convince companies to choose their services over those of
another provider.
Food industries- bribe to give the opportunity to their products in certain outlets
or countries.
Business-To cross over the ‘red tapes’.
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OUMH3203Bribery is not a small matter because the effect is massive. Here stated some of the
effects of bribery to our society and country.
The involved party becoming a selfish individual. They do not have conscience to
do the right thing just because of their own satisfaction.
The unfair result for those that do not have money to but the influence and power.
No more fear and guilt to do thing against moral norm.
Breeds inefficiencies into the system, erodes growth and deprives millions of
people and the services which they deserved.
Decreases the standard of living and quality of life.
Endangered the environment public with the incompetent work or construction.
Can create political instability and economic distortion which is a disaster for a
decent civilization.
Increase in management cost. New entrepreneurs will need to face so tedious ‘red
tape’ before any applications approved.
Looking at the threat and negatives consequences of bribery, there are some measure
needs to enforce in order to curb this problems. Unfortunately, below are some
reasons why the cases of bribery were not exposed to the appropriate actions.
Usually they do not have any black and white evidence.
Feeling the need of helping friends or families as if it is their obligation to
satisfy their demand.
Lack of moral values and commitment to work.
Negative attitude towards their own problems.
Lack of confidence in Government officers.
As the risks of bribery are harmful for economic growth, personalities and illegal it
should not treat as a simple matter. Punishment should be enforced to those irresponsible
individuals.
2.4 RECOMMENDATIONS
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OUMH3203The different levels and types of bribery are clearly defined in most of the countries.
Although there are challenging tasks for the implementation of the actions against
them, there are some recommendations to be considered.
The implementation of the anti-bribery practices and policies to the bribers.
In Malaysia, there is a website formed to list the names of the bribery offenders.
Increase of a fine and imprisonment period.
Develop strong institution that against unethical behaviour.
Check the monopoly power of public officials or any powerful agent.
Make every exchange or transaction accountable by clear codes of conduct.
Institutionalize accountability mechanisms at different levels of government and
limit discretion.
Maintain the good reputation from the smear of immoral act of bribery.
Public awareness of the punishment or sentencing of the bribery by mass media
and internet.
Applying laws uniformly and fairly.
Education and awareness of the punishment and good working ethics is very
important.
Establishing a clear and accessible system for the reporting of any suspicious
behaviour.
Strict enforcement of ethics codes is essential. Those who violate the company
code ought to be punished.
Regardless of the charge or guilt, those that fall to bribery or other related charges
should hire the attorney. Having the professional to assist the cases is very helpful
because the punishment can be severe. The attorney’s fees for handling the case may
vary which are depending on many factors.
3 CONCLUSIONS
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OUMH3203In most community, gift exchanges are very common and considered as symbolic
expressions of interpersonal and social relationships. Gifts also implied as a reward for
assistance and services. Some people may take advantages of this traditional practice in
making an excuse to bribe. Selfishness and avoiding any form of accountability and often
pushed by greed changed a gift into the bribe.
Bribes are driven by selfishness while avoiding any form of accountability, sometimes
pushed by the presumed need to survive and often stimulated by mere greed. People in
business bribe executives to obtain favors or to do something illegal without get caught.
Unfortunately, the phenomenon of bribery is not in a small scale but flooded some
societies ferociously that it endangers the community life and economic mechanisms.
We have seen that high levels of bribery activities have very harmful effects on economic
and political development in any countries that cannot control it. Convoluted regulations
and weak rule of law foster a culture of corruption and informality both in the private and
public sectors.
There are cases of corruption that respond to the unethical nature of the corrupt
individual. But for the most part, the unethical behavior stems from the environment in
which individuals must interact.
In order to fight bribery and informality, it is essential to understand that bribery is a
symptom of overregulation, lack of rule of law, a large public sector. The optimal
solution would be to eliminate burdensome regulations so that an unethical behavior does
not occur. Economic freedom in all possible areas of economy must be advanced to make
sure there are less obstructing economic activity and then improve on the cost of life.
Countries must also preserve the independence and effectiveness of the judiciary to
punish corrupt actions. Economic freedom with a strong rule of law will foster a culture
of investment, job creation, and institutional respect are the essential factors in massively
improving the living standards of ordinary people and fight bribery.
( 2381 words)
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OUMH3203REFERENCES
Lawyer Shop.Com. Bribery. Retrieved on 20 May 2013 fromhttp://www.lawyershop.com/practice-areas/criminal-law/white-collar-crimes/bribery-kickbacks
Elizabeth Spahn. 2008. "International Bribery: The Moral Imperialism Critiques" ExpressO. Available at: http://works.bepress.com/elizabeth_spahn/1
http://www.legalinfo.com/content/criminal-law/crime-overview-bribery.html
http://zaharuddin.net/senarai-lengkap-artikel/38/781-corruption-and-bribery-will-destroy-our-nation.html
Mark Pieth and Huguette Labelle. Making sure that bribes don't pay. Retrieved on 22 May 2013 fromhttp://www.oecd.org/daf/anti-bribery/makingsurethatbribesdontpay.htm
Ho Jo Ann, Tee Keng Kok (2011). OUMM3203 Professional Ethics. Open University Malaysia. Kuala Lumpur.
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