23 February 1999
(FR) (Africans convene to help address worldwide problem) (2780) WASHINGTON -- "Drastic policy and institutional reforms are needed to deal with grand corruption," in Africa and internationally because corruption is a worldwide problem. That is just one important point stressed in a paper co-authored by two Africans presented February 23 at a one-day anti-corruption conference here at the World Bank co-sponsored by the Global Coalition on Africa (GCA) and the U.S. Department of State. Former Tanzanian Prime Minister and Minister of Justice Joseph S. Warioba and Frederick Werema, Tanzania's acting director of constitutional affairs and human rights, collaborated on the paper entitled "Principles and Guidelines to Combat Corruption." In their paper, presented by Werema, the two Africans stressed that "Difficulties arising out of broad-based reforms should not be used as an excuse for delay in tackling corruption." Representatives from 11 African countries were present at the World Bank, along with their counterparts from Europe and others representing international organizations, to draft a convention to combat corruption in Africa. The African representatives also were in Washington to attend the February 24-26 "International Conference on Fighting Corruption and Safeguarding Integrity Among Justice and Security Officials," hosted by Vice-President Al Gore at the State Department. African Countries represented at the GCA event included Benin, Botswana, Ethiopia, Ghana, Malawi, Mali, Mozambique, Senegal, South Africa, Tanzania and Uganda. Following is the text of the Warioba/Werema paper: (BEGIN TEXT) PRINCIPLES AND GUIDELINES TO COMBAT CORRUPTION Prepared by Frederick Werema and Joseph S. Warioba It is generally agreed that the crusade and measures against corruption be undertaken simultaneously with the more general national efforts to improve economic governance. The reforms should be seen as neither a necessary nor sufficient condition for eliminating corruption. Difficulties arising out of broad based reforms should not be used as an excuse for delay in tackling corruption. At the national level concerted efforts are required to address the causes of corruption and take effective action against all its manifestations. The levels of this action for a short-term would be: (a) Systematic reforms geared towards addressing underlying weaknesses in policy, administration and politics, and create a strong economic base conducive to elimination of corruption; (b) Formulate a specific and focussed national anti-corruption strategy upon which the war against corruption would be based. In many African countries corruption is very pervasive. Petty corruption is rampant in the provision of social and economic services. Bribery is very common in medical services, schools, courts, licensing institutions, the police etc. It is the ordinary people who suffer most under petty corruption. High officials are normally not solicited to bribe in order to see a doctor for consultation or treatment, to register children in school or to obtain some permit. The ordinary people are, however, compelled on numerous occasions to bribe in order to obtain basic services. The common man does not have full protection from public institutions because in those institutions there are corrupt officials. In many cases when an individual reports to law enforcement officials about a corrupt official the alleged corrupt official will be informed by his fellow officials to whom the report is made either for purposes of soliciting bribe or because the law enforcement officials and the culprit are part of the same corrupt system. With regard to large scale corruption the resources lost through corruption would have been spent on programs and projects for the advancement of the people, the vast majority of whom are poor people in the rural and urban areas. The result is that rural roads are poorly constructed or not well-maintained, drugs are in short supply at dispensaries and clinics, water systems are poor etc. Even when investment is discouraged as a result of corruption the real sufferers are the common people. In addition the repayment of foreign loans becomes a burden to the tax payers, including the poor. One of the causes of corruption among officials commonly advanced is the inadequate remuneration of public officials. This includes officials working in rural areas where such officials live above the poverty line while the majority live below the poverty line. So bribery is exacted from those who have nothing by those who have something. The perversity of bribery and the lack of protection from authorities have created public apathy towards corruption. The ordinary people cannot get services without bribing and they also feel the authorities condone corruption. In the circumstances they scrap whatever they can manage and bribe, sometimes without being solicited. This mindset has created a belief and expectation that the public is also entitled to inducement whenever they are expected to perform some duty or exercise a right. Thus during elections voters expect to be bribed by candidates and political parties. As a result corruption is growing into a culture in many countries and corrupt people can easily be elected in positions of leadership, including the higher levels of leadership. The truth of the matter is that the public has withdrawn and taken an apathetic stance because of the perception that the political leadership does not take an active role in combating corruption and other vices. They believe corruption is perpetrated and condoned by the leadership in the government, political parties and by every state organ including the judiciary which is an institution responsible for dispensation of justice and upholding the rule of law; the police who are responsible for the preservation of law and order; and the public delivery of services generally. It is not difficult to understand the reason for the level of apathy if the leadership is perceived to be non- committal; or if the public cast doubts on the integrity and sincerity of their leaders. Flowing from the above the real stakeholders in efforts to eradicate corruption are the common people and consequently a meaningful strategy to combat corruption must involve them. Such strategy must include measures to deal with the current mindset. In terms of amount of resources huge sums of money are lost through large scale corruption perpetrated by high officials. The causes of grand corruption are poor economic policies, discretion, cumbersome regulations and procedures (red tape) and lack of transparency and lack of accountability. The result of all this is bribery, favoritism, nepotism, embezzlement of public funds, waste of resources and, generally, lack of good governance. Drastic policy and institutional reforms are needed to deal with grand corruption. Since corruption has become a global problem, to fight it international cooperation and collaboration is important. The starting point is however national action. International action against corruption will of necessity concentrate on international relations and the global economy. Indeed most of the current action at international level has impact on the leveling of the playing ground for competition at global level. This strategy will not succeed unless the playing field is level at the national level. It is therefore suggested that the starting point in combating corruption must start at the national level. Circumstances vary from one country to another. Regional and international measures must be adjusted to the conditions existing in each country. However, the issue of national leadership and economic strength of each country transcends national borders, regional and global alignment. Practices that are regarded as corrupt in some countries are tolerated in others. For instance, the American Foreign Corrupt Practices Act (FCPA) prohibits bribery of foreign officials for the purposes of obtaining or retaining business. It provides for severe criminal penalties including fines and imprisonment. This law tolerates goodwill payments to persons holding ministerial jobs for facilitation of paper processing on the basis that they are not based on quid pro quo. Such payments are referred to as "greasing payments" and are not criminalized. In developing countries such payments form the bulk of public complaints and have adverse impact on social and economic development. The arguments for the sustainability of anti-corruption drive within countries as made above are: (a) That the efforts must be internally driven and the public and civic society must be mobilized and their confidence in the administration restored; (b) That the leadership must be committed to fight corruption and leaders integrity and moral standing must be unquestionable. Leaders should avoid conflicts of interest between their public office and private endeavors; (c) That systems must be created to spearhead the war against corruption on the basis of tripartite cooperation-operation and collaboration between the government, civic society and business community. This entails issues of transparency, accountability and open-mindedness in all sectors. (d) That in order to achieve what is stated in above, legislative measures be taken, rules and regulations be promulgated in the most simple language to guide the war against corruption. In this regard, codes of conduct for different professions should be promulgated if there are none or reviewed if out dated. Members of the professions should be encouraged to do so. (e) That monitoring and enforcement systems be enhanced or created where they do not exist. Enforcement of the law; rules; regulations and codes is the most important measure that can revive public confidence and prove to the public that corrupt people do not benefit from the proceeds of corruption. Corruption should not be regarded as an incentive but generally that "it does not pay". In summary the following general principles are suggested: 1. Each country should undertake systematic reforms to correct weakness in policy, administration and governance generally. This includes meaningful economic reforms. Such reforms should be diligently undertaken and carefully monitored. There should be checks and balances as experience shows that the reforms could be influenced and affected by corruption. 2. Governments should develop a national good governance strategy focusing on the eradication of corruption. The strategy must be nationally owned and popularly supported by those with the strongest resentment against corruption, that is the general public. 3. The national strategy should be comprehensive, have clear objectives, expressed in clear and simple language and accessible to the majority of people. It should address specific issues, providing milestones of activities, phasing and interphasing of activities as well as indicating forward and backward linkages. 4. Effective instruments should be created for implementation of the strategy and there should be mechanisms for the monitoring of implementation. 5. States should establish programs to mobilize popular support by the people against corruption, including mechanism for the general participation of the public and civil society in the formulation, execution and monitoring of anti-corruption programs and measures. 6. There should be established mechanisms for the public to submit allegations of corruption and corrupt practices such as independent commissions. Informants and witnessed should be protected in order to move towards the elimination of the mindset that corruption is condoned. 7. Reform of local government should be undertaken, where necessary, in order to empower people to fight corruption. Those who suffer most are the ordinary people, so they need to have power to deal with corruption at their level. 8. Good and committed leadership is a necessary condition to success. Government needs to demonstrate necessary leadership and political will to fight corruption. Integrity and honesty in leadership is essential. Governments should therefore establish codes of conduct and guidelines which should include provisions for declaration of assets and gifts by leaders and disclosure of conflict of interest. Political accountability should be clearly elaborated. 9. Governments should undertake reform to reduce rent-seeking opportunities and policy-induced scarcities. This should include reduction of political discretion and bureaucratic controls and simplification of regulations and procedures to remove red tape. 10. Administrative reform should be undertaken by Government to restore the morale and integrity of public service. This should include regulations for merit-based recruitment and promotion, adequate benefits, including remuneration and pension schemes and capacity building. 11. The independence and integrity of the judiciary is of crucial importance. States should review their legal regimes and carry out reforms to maintain the independence of the judiciary and restore high standards of integrity, honesty and commitment in the dispensation of justice. 12. Corruption is a serious offense. Governments should adopt laws which will deal with corruption offenses effectively. Laws should impose severe penalties, make provision for seizure, forfeiture or confiscation of property acquired through corruption and blacklisting of persons or business entities convicted of corruption or corrupt practices. 13. Anti-corruption agencies are very useful in fighting corruption. Such agencies should be autonomous and operationally independent and free from interference in the discharge of their functions. Those agencies should have power to initiate and conduct investigations and prosecute offenders. The establishment of anti-corruption agencies should not however detract from the traditional law enforcement agencies which should be strengthened in their functions. 14. One of the most important tools in fighting corruption is transparency. Without transparency it will be impossible to eradicate corruption. Governments should review regulations and procedures to make them simple and clear of bureaucratic red tape, especially in areas such as public procurement. The use of open and competitive bidding for government contracts should be strengthened and provision should be made for the challenge of an award of a contract by a losing bidder should there be lack of transparency or suspected corrupt practices. 15. Transparency will also enable the public to effectively participate in the fight against corruption. Freedom of the press is an important ingredient in the general crusade against corruption. Freedom of the press and freedom of expression enable the public to express; seek; receive; and impart or disseminate information and ideas on corruption. Investigative journalism will identify or reveal corrupt transactions done under the carpet or contracts that are made without taking the greater public interests into account. It is therefore suggested that the right to information should be guaranteed in the laws of each state, including provisions in the constitution of the country if necessary. This will enable: (i) Disclosure and examination of public finances by the people through parliamentary scrutiny; (ii) Media access to information regarding government finances. (iii) Publication of information on government audit reports and evaluations of projects. (iv) Laying before legislatures all important international agreements, including agreements with international financial institutions. International Cooperation 16. Since corruption has become a global problem it is important to promote regional and international cooperation in fighting it. One way to promote such cooperation is to adopt a convention with provisions which include all or most of the above principles. In addition at the regional level states can cooperate by harmonizing laws and procedures, render mutual assistance in investigations and prosecutions, including extradition, establish mechanisms for the exchange of ideas, information and intelligence on anti-corruption techniques and cooperate in training. 17. Corruption is criminalized in many countries. Many countries engage in mutual assistance in criminal matters. At the international or regional level therefore, governments should establish a mechanism for cooperation. Prominence in such an arrangement should not only be given to grand corruption but also to petty corruption or "grease" payments as are known in some countries. The following could be the scheme of international cooperation: (a) Assistance in obtaining evidence; documents; articles; records that are suspected to be in one country; (b) Assistance in investigation; forfeiture and confiscation of property in respect of proceeds of corruption, and enforcement of forfeiture orders; (c) Assistance in search and seizure and (d) Freezing of assets or interdicting of dealings in property suspected to have been corruptly acquired; 18. International cooperation-operation is also required in detection of corruption in international business transactions, procurement etc. This is where leaders and decision making authorities are influenced to make decisions that are not compatible with national interests. In particular, the following measures should be taken: (a) Cooperation arrangements (at the regional or global level) should provide for standards or conduct for those holding public offices; (b) Cooperation schemes should detail systems of government procurement of goods and services that assure transparency, equity and efficiency. These systems must be harmonized or where this is not possible, approximated for the purposes of consistency; (c) The arrangements or convention should have provisions that require states to make provisions in their internal income tax laws to deny tax deductions in or favorable tax treatment for expenditures made contrary to anti-corruption provisions; 19. International arms trade is perceived to be a source of grand corruption. This area is surrounded by secrecy, commissions and bribes. International cooperation is required to cleanse arms trade from corruption. 20. International mechanism for cooperation should contain provisions on reporting obligations on efforts and measures that an individual country has or undertakes to do to stamp out corruption. The mechanism should also allow non-governmental organizations to participate in reporting incidences of corruption. (END TEXT)