Institute for Security Studies-South Africa 4th International Conference 21-22 August 2013

Presentation on “Tackling Corruption and

Promoting Rule of Law”

By Mrs Hema Bhunjun-Kassee-Consultant

Outline of the Presentation

¨  Why establish these ideals? ¨  Definitions ¨  Relationships ¨  Illustrations of Abuse of Rule of Law (Rol)

and Corruption ¨  Indicators and the Global status ¨  Initiatives Undertaken ¨  What are the Challenges? ¨  The way forward ¨  Conclusion

Why establish these Ideals?

Forecasts-World’s ten fastest-growing Economies 2011-2015

Why establish these Ideals?

The IMF’s Forecasts (2011-2015): ¨ 7 African Countries ¨ 3 Asian Countries

Crossroad Economic Prosperity Underdevelopment

Why establish these Ideals?

Economic Analysis has consistently shown that country with weak Rol and high corruption CANNOT achieve high growth rate. So, the solution is that we have to tackle corruption and promote Rol.

Definitions

Corruption is defined as “ The Abuse of public office for private

gain”

Most widely used definition of Rol:

Confusion surrounding definition of ROL and the clearer one is that of the United Nations (UN) whereby the Rol refers to “A principle of governance in which all persons, institutions and entities, public and private including the State itself are subject to public laws that are equally enforced and independently applied, and that are consistent with international human rights norms and standards.”

Relationships

Corruption exists mostly because of the lack of Rol in a country, but more importantly, it also generates a Rol deficit.

Two way causal relationship

Illustrations of Abuse of Rule of Law (Rol) and Corruption

Different components of society can be involved:

¨ Legislature ¨ Executive ¨ Judiciary ¨ Citizens

Illustrations

(Sources: TI-Political Corruption (2004), TI-Corruption in the Judiciary (2007), Freedom House report-2012)

¨  The ruling party and government allies enjoying

impunity for wrongdoing. E.g. In Tanzania, lack of willingness to prosecute a legislator and former attorney general for a graft case

Illustrations

¨  Passing of inefficient laws that affect Rol and support corrupt acts

Sri Lanka’s law amendments increased executive control over the election process and eliminated a set of independent commissions that had been designed to prevent the politicization of key state functions. This may lead to abuse of state funds/assets, fraud and vote rigging during elections

Illustrations

¨  Abuse of Power for Personal Gains A public official accepting or soliciting a bribe for the performance or non-performance of an action associated with his or her office such as bending or circumventing established regulations. ¨  Culture of Bribery by the public According to TI’s Global Corruption Report 2007, in Africa and Latin America, about one in five of people who had interacted with the judicial system had paid a bribe. In Bolivia, Cameroon, Gabon, India, Mexico, Morocco, Pakistan and Paraguay the figure was more than one in three court users.

Indicators

¨  The World Justice Project Rol Index and Worldwide Governance Indicators of the WB are the most commonly used index on Rol.

¨  In the fight against corruption, subjective perceptions are the reference data most often used, as evidenced by the Corruption Perception Index (CPI) published by TI, a non-governmental advocacy group, which is based on expert assessments and opinion surveys.

Global Status

¨  Western Europe and North America –Best Performers in terms of Rol promotion and tackling corruption.

¨  East Asia and Pacific region-Diverse type of performers.

¨  Eastern Europe and Central Asia region-These ideals still remain major challenges.

¨  The Middle East and North Africa region- Middling Scores. The Arab Spring has put several countries on the road towards establishing these ideals.

Global Status

¨  Sub-Saharan, South Asia, Latin America- scourges are very much prevalent in spite of on-going reforms.

Initiatives

UN System ¨ The adoption of the UNCAC. ¨  As at date there are some 140 signatories and 167 state parties to the UNCAC. ¨ Designation of 9th December as anti-corruption day. ¨ Universal Declaration about Human Rights ¨ On the 24th September 2012, the UN has, at the highest level, reaffirmed its ‘commitment to building the Rol’.

Initiatives

¨  Initiation of UNCAC monitoring and review mechanism e.g. the Global Programme against Corruption (GPAC) for implementation of the UNCAC.

¨  Rol Coordination and Resource Group and the Rol Unit.

World Bank and other international bodies

¨  The WB has been one of the leading proponents of the global anti-corruption agenda.

Initiatives

¨  Conventions/protocols addressing corruption from other international bodies e.g. OECD, SADC, AU.

¨  Creation of International Tribunals

Individual Countries

¨  Passing of anti-corruption laws ¨  Creation of anti-corruption agencies. ¨  Judiciary and Public Sector Reforms

Challenges

¨  The approaches and methodologies of the various players in these fields differ so there is a need to understand the real problem to be solved.

¨  The primary obstacles to such ideals are not technical or financial, but political and human.

¨  Assistance that is inappropriate to the country context and not based on solid empirical research and consultation.

Challenges

¨  Preventing the abuse of anti-corruption programmes to drive out political competition

¨  Ability to report the problems without fear of reprisals

¨  Combating unethical behaviour of modern society

The Way Forward

¨  Coordination and capturing of experiences ¨  Reference to the recent “UN Declaration on Rol” ¨  Earnest political willingness to go ahead with the ideals ¨  Redress of incoherent laws ¨  Limit duration of mandates, e.g in USA the president is

allowed to serve the nation for only two mandates. ¨  Review or adoption of laws concerning political funding and

disclosure. ¨  Prevent appointment of political nominees at the head of

judiciary as well as in anti-corruption agencies. ¨  Use the structure/initiatives of successful countries as model

to establish the ideals.

The Way Forward

¨  Inculcate moral values into our future generations. ¨  Ensure that the media is empowered to help holding

relevant individuals/institutions accountable and enabling the reporting of abuses without fear of reprisals.

¨  Political commitment to strengthen national prosecution capacity in order to uphold positive complementary mechanism with international tribunals.

Conclusion

¨  The struggle in the fields of Rol promotion and anti-corruption is complex.

¨  There is need for clarity on what politicians, executives, judiciaries, international actors and citizens must do differently to uphold these ideals.

¨  Our society is of need of more real life role models who have relinquished their personal interests against the welfare of their countries and nations.

¨  By considering the successful countries, there is still hope and the magical elixir seems to be where there is ‘political will there is success’.

Thank you for your

attention.