The Institute for Domestic and International Affairs, Inc.
Commission on Crime Prevention and Criminal Justice Government Corruption Director: Ben DeMarzo
Š 2006 Institute for Domestic & International Affairs, Inc. (IDIA) This document is solely for use in preparation for Philadelphia Model United Nations 2007. Use for other purposes is not permitted without the express written consent of IDIA. For more information, please write us at idiainfo@idia.net
Introduction _________________________________________________________________ 1 Background _________________________________________________________________ 2 Government Corruption Defined ____________________________________________________ 3 Sources of Corruption _____________________________________________________________ 4 Attempts at Containment___________________________________________________________ 6 UN Action to Combat Corruption____________________________________________________ 8 UN Convention Against Corruption and the Role of the World Bank ______________________ 9 Judicial Integrity Programme ______________________________________________________ 10 The African Union Fight Against Corruption _________________________________________ 10
Current Status ______________________________________________________________ 11 Case Study: Kenya – Government Corruption ________________________________________ 12 Case Study: Nigeria – Corporate Corruption _________________________________________ 13 Case Study: Uganda – Electoral Fraud ______________________________________________ 14 Case Study: Chad – Effects of Corruption____________________________________________ 14
Key Positions _______________________________________________________________ 15 Africa __________________________________________________________________________ 15 Europe _________________________________________________________________________ 16 North America __________________________________________________________________ 17 Latin America ___________________________________________________________________ 17 Asia____________________________________________________________________________ 18
Summary___________________________________________________________________ 19 Discussion Questions _________________________________________________________ 20 Works Cited ________________________________________________________________ 21
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Introduction Corruption is a pervasive problem in Africa, and is extremely detrimental to future development and modernization. Corruption in general is a perversion or destruction of integrity; more specifically, government corruption is the abuse of public power for private gain.1 This activity threatens many Africa states that lack a developed economy or stable government.
Throughout the world, states implement strategies such as
enhanced law enforcement, public awareness initiatives, and government checks and balances to limit the potential for illegal activity, but with mixed success. While it is widely accepted that total elimination of government corruption is impossible, gradual reform can reduce the impact a dishonest politician has on government and society. Corruption in Africa is not only caused by obvious personal financial benefits, but also to return favors through patronage jobs as well and nepotism due to strong family and tribal relations.2 The United Nations focuses a great deal of attention on the prevention and awareness of corruption and corrupt individuals. A dishonest government can profoundly impact how national systems and institutions are viewed by investors and citizens. When corruption affects high level administrators, public confidence in the entire government suffers. Conventional methods of detecting and regulating corruption are possible. Independent anti-corruption agencies and commissions have become popular in states such as Uganda that have increased internal efforts to combat corruption due to international pressure; however, investigations by these agencies or commissions may not be exhaustive or conclusive. Corrupt individuals often bribe investigators, distorting the outcome of investigations.
This is why non-governmental organizations such as
Transparency International, who have an interest in eliminating corruption and are not
1 2
Rose-Ackerman, Susan. Corruption and Government. Cambridge, UK: Cambridge University Press, 1999. 1-5. Williams, Robert. Political Corruption in Africa. Hampshire, UK: Gower Publicshing Company, 1987. 1-3.
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motivated by political means, are vital to ensure trustworthy officials are conducting inquiries.3 As the United Nations is concerned with purifying global governance, efforts to limit government corruption have obviously been important. As Secretary General Kofi Annan stated, “Corruption hurts the poor disproportionately by diverting funds intended for development, undermining a government's ability to provide basic services, feeding inequality and injustice, and discouraging foreign investment and aid.”4 The UN wants to ensure the removal and punishment of corrupt officials to set examples for the future and create governments that effectively deal with problems facing their populations. For instance, the World Bank declared it will cancel projects in a state if corruption is detected, and will only resume them once the corrupt officials are removed.5 However, many attempted solutions have failed. In Ghana for example, ad hoc committees and government appointed investigators proved to be superficial and inadequate.6
It is
therefore vital for the CCPCJ to effectively expose problems, investigate causes, and punish corrupt officials.
Background The root causes of corruption date back to the era of colonization. Beginning with the Berlin Conference of 1885, Africa, was ‘claimed’ and divided by mostly European powers. In the late 19th Century, France conquered the northern Saharan region, which led to its bloody war with Algerian tribes in the 1950s. Britain attempted to create a straight path from Egypt to South Africa to ease trading, while Belgium’s King Leopold II enslaved the people of Congo for his own personal use.7 During the Second World
3
Hodess, Robin. “Global Corruption Report 2001.” Transparency International. Berlin, Germany: Transparency International, 2001. 1-5 4 “The Global Programme Against Corruption.” United Nations Office on Drugs and Crime. http://www.unodc.org/unodc/en/corruption.html 5 McLaughlin, Abraham and Claire Soares. “Oil Wealth and Corruption at Play in Chad’s Rebellion.” The Christian Science Monitor. 21 April 2006. <http://www.csmonitor.com/2006/0421/p06s01-woaf.html> 6 Le Vine, Victor. Political Corruption: The Ghana Case. Stanford, CA: Hoover Institutional Press 1975. xi-xix. 7 Hope, Kempe Ronald and Bornwell Chikulo. Corruption and Development in Africa. NY: St. Martin’s Press, 2000. 5-11.
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War, the Allied and Axis powers scrambled through the desert to reach the Middle East, a vital oil supply. After going to war with Adolf Hitler for invading European states, the Allies realized the hypocrisy of colonization and granted most nations independence. One major consequence of colonization was the establishment of arbitrary political borders. The previous colonial powers gave little consideration to the ethnic, religious, and cultural differences of the tribes.8 In addition to having diverse populations, the newly created governments had to deal with various problems, including lack of experience, post-war economic depression in Europe and Asia, and corporations used to taking advantage of their raw materials.
Of course, domestic problems like ethnic
violence and war still exist in many of these countries. These problems, which can in many ways be traced to African decolonization, correlate directly with political corruption.
Government Corruption Defined High-level political corruption assumes a variety of forms but stems primarily from policymakers that covertly change, bend, or breach established laws, often in exchange for favors or bribes. On a more theoretical scale, corruption is a violation of morality as well as societal values. Many consider corruption to be a victimless crime. Unlike robbery or murder, no one is harmed or directly victimized. However, corruption not only undermines states economically, but affects the legitimacy and stability of any ruling authority. Ethics, corruption, and integrity have been important issues in the practice and theory of businesses, public administration, economics, society, and politics. Public corruption is defined as the abusive behavior of officials in the public sector with personal incentives granted by the private sector.9 Frequently, these individuals misuse established law to gain power, wealth, or other means of control. Corrupt activities represent a virtual contract in which one party agrees to undertake action they generally would not. These actions are made in exchange for 8 9
Ibid, 11. Ibid, 14-15.
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payment in the form of money or influence, from a second party. Quite often, both parties will benefit from this transaction, in that one will receive better treatment while the other receives financial payment. The belief that corruption represents a victimless crime, however, is inaccurate. If a company were to bribe a government official for violating environmental regulations, society becomes a victim of this violation of the law.10
Whether it is money-laundering or illegitimate business dealings, the action
inflicts pain on ordinary citizens. These effects range from creating unequal income distribution, reducing revenue allotted to public projects, or hindering long-term economic growth since private investors are reluctant to invest due to the uncertainty in government actions. A government system is designed is to provide for the overall well-being of its citizens. Government corruption is commonplace in countries possessing systematic central administrations that oversee legitimate government procedures.
Reducing
opportunities for corruption and implementing effective strategies to counter fraudulent activities must be at the core of any effort to address this phenomenon.11 To discover issues of corruption, investigative agencies must be open and honest in their dealings. The less transparent these agencies are, the more likely it is that accusations of criminal activity will remain unreported.
Sources of Corruption Corruption flourishes when established institutions are weak and government policies foster economic burdens. Demoralization of government staff members stems from dysfunctional budgets, inadequate resources, lack of funding, and loss of an ultimate organizational purpose. A lack of incentives to remain honest and loyal creates opportunities for public officials to resort to dishonest behavior in times of personal and social weakness. When the need for financial resources is limited by inadequate pay for
10 11
Ibid, 17-18. Rose-Ackerman, op. cit., 15-20.
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government staff members, senior officials harbor a lack of faith in the administration, and may turn to corrupt activities to maintain their standard of living.12 In Africa, kleptocrats use their public office to make outsized profits and abuse their stateâ&#x20AC;&#x2122;s resources.13 New leaders are strongly tempted to exploit their power when they realize the corruption of their predecessors. Moreover, officials who grew up in extreme poverty see resources like oil and diamonds as a means to amass personal wealth. New bureaucrats see selling licenses as a way to make a profit and survive on low wages, often hiring family and friends for unnecessary jobs. Unethical and abhorrent practices like child labor and human trafficking continue as long as police officials are willing to look the other way â&#x20AC;&#x201C; especially if they receive a bribe, themselves.14 Recent analytical research shows that the economic effects of corruption have grown significantly. Corruption limits short and long-term economic growth in markets and prevents private and international investors from aiding progress. The economic costs of corruption affect the efficiency and distribution of government funds as governments are increasingly unable to effectively perform necessary tasks.15 Public servants become preoccupied with rent-seeking instead of fulfilling their duties. Entrepreneurs in domestic enterprise and foreign direct investment are reluctant to invest in the economy due to the uncertainty of future government action and the lack of appropriate market-supporting agencies.
There is also the fear that bribery will
encourage bureaucrats to raise more regulatory barriers.16 Widespread bribery may also distort objectives and hinder efforts for reform, promoting evasion of regulatory guidelines.17
12
Hope, op. cit., 18-19. Ibid, 19. 14 Williams, op. cit., 3-5. 15 Ibid, 5. 16 Ibid, 6. 17 Ibid, 6. 13
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Attempts at Containment While government corruption as a tool of political advancement is widely recognized, further corruption in government has sometimes gone widely unnoticed by the public sector and investigatory agencies. For each case of corruption, analysts have tried to reason and explain the events that have led to the practice, but are often left without acceptable conclusions.18 There have been many attempts to eliminate corrupt behavior by government officials through increasing the oversight of non-government agencies to root out such illegal activity. However, there are several critical reasons for the failure of these programs, including a lack of political will among the major decisionmakers in government, overly ambitious and unrealistic undertakings, reform heavily reliant on law enforcement, and reform strategies that are slow to produce results.19 Effective anti-corruption agencies are based on a complex set of structural and organizational factors that condition an established government, and will be most effective when tailored to the needs of each situation. Anti-corruption agencies are typically independent in their investigations, operating outside the purview of government to maintain their unbiased appearance.20 Official investigation and detection are popular multi-disciplinary approaches of uncovering corruption. Early detection is useful because there is the possibility that the illegal activity will be stopped before real damage is done. Detection also implies that the focus will not be solely on criminal acts; rather, it will also encompass the entire scope of corruption, including unethical behavior by government officials, which leads to investigations that redirect resources from traditional criminal law enforcement bodies.
The investigations include a thorough
review of public officials to uncover inconsistencies within their administrations. As corruption is such a complex phenomenon, and individual cases vary, this approach creates a clear, coherent process within anti-corruption agencies.21
18
Hodess, op. cit., 7-9. Ibid, 7-9. 20 Ibid, 16-18. 21 Ibid, 9-10. 19
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Most anti-corruption agencies are independent of the government and are sometimes even hired by the government for internal audits or reviews to ensure corruption-free management or simply for additional accountability. The strategy is focused on four major areas: enforcement, prevention, institution building, and public awareness initiatives.22 Enforcement revolves around de-politicizing law enforcement by establishing separate law enforcement branches in government.
It also includes
punishing guilty individuals who flee through civil penalties, blacklisting, and enforcing stricter punishment policies toward senior officials.23 Prevention strategies involve simplifying government programs and procedures by eliminating bureaucratic impediments and promoting greater transparency.
By
enhancing public awareness, citizens will better understand their rights and the responsibilities of the government.
Prevention may also include privatizing some
industries or significantly limiting high-level government involvement in the practices of major industries.24 This area could also involve the establishment of a specialized anticorruption agency charged with developing and promoting anti-corruption strategies and action plans.
Encouraging public-private partnerships promotes anti-corruption
commissions that work with government and civil society groups to serve as watchdog units to discourage dishonest dealings. Also, ensuring an independent media with access to all information allows agencies to conduct public awareness campaigns educating the populace about the causes and costs of corruption.25 Transparency International practices another type of intervention. Funded by the Netherlands, the organization has developed the National Integrity System (NIS), a methodology focused on combating corruption in the larger struggle against official misconduct, abuse, and misappropriation in all forms.26 The goal is to create more effective and efficient government systems. Implementing this system creates a standard 22
Hope, op. cit., 40-43. Ibid, 40-43. 24 Ibid, 43-45. 25 Hodess, op. cit., 14-16. 26 Ibid, 14-16. 23
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framework for existing administrations and establishes guidelines for honest government practices.
Successful components within the NIS framework include mechanisms
supporting accountability and transparency in the democratic process, building partnerships between government and civil society organizations, increasing public awareness, and creating independent judiciaries.
UN Action to Combat Corruption According to the United Nations Global Programme Against Corruption (UNGPAC): Corruption undermines democratic institutions, retards economic development and contributes to government instability. Corruption attacks the foundation of democratic institutions by distorting electoral processes, perverting the rule of law, and creating bureaucratic quagmires whose only reason for existence is the soliciting of bribes. Economic development is stunted because outside direct investment is discouraged and small businesses within the country often find it impossible to overcome the "start-up costs" required because of corruption.27
Based on these determinations, the UNGPAC has actively engaged in research and development of solutions to combat corruption. The United Nations has vociferously denounced corruption and taken numerous steps to ensure honest, transparent governments exist throughout the world. Resolution 3514 of 15 December 1975 condemned corruption in all its form, and encouraged sovereign states to develop solutions to their problems based on national laws. This mission was reinforced in 1996 by General Assembly Resolution 51/191, which declared continued support to the objective. Moreover, the document called for efforts by the Commission on Crime Prevention and Criminal Justice and other United Nations bodies to continue researching the causes of corruption and effective means to prevent it from occurring.28 These sentiments have been repeatedly discussed by the United Nations, culminating in the United Nations Convention Against Corruption.
27
“The Global Programme Against Corruption.” United Nations Office on Drugs and Crime. http://www.unodc.org/unodc/en/corruption.html 28 “A/RES/51/191: United Nations Declaration Against Corruption and Bribery in International Commercial Transactions.” United Nations General Assembly. http://www.un.org/documents/ga/res/51/a51r191.htm
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UN and World Bank Efforts to Control Corruption According to research by the UN Global Programme Against Corruption (GPAC), corruption tends to become noticeable when issues of conflicting interests, embezzlement, fraud, bribery, and extortion appear.29
Factors contributing to
government corruption include faulty government and development policies, poorly directed improvement programs, underdeveloped civil society, inadequate government checks and balances, a weak judicial system, and a lack of transparency. The UN put pressure on preventive, enforcement, and prosecutorial measures against corruption by establishing the UN Convention Against Corruption.30 On the international level, the UN recognized the need for transparency and accountability through the establishment of a monitoring mechanism, adoption of coherent strategies to combat corruption through shared experience and information, and added input for the Convention. On 4 December 2000, the General Assembly met and recognized that an international legal instrument against corruption, independent of the United Nations Convention Against Transnational Organized Crime, was necessary. The result was the UN Convention Against Corruption, which opened for signature 31 October 2003.31 The Convention called for measures such as the establishment of anti-corruption bodies, enhanced transparency, as well as implementation of requirements for the prevention of corruption in the judiciary and public procurement. It also urged states to actively promote the involvement of non-governmental and community-based organizations to raise public awareness of government operations as a deterrent to corrupt behavior.32 Under the Convention, states must also incorporate measures to support the tracing, freezing, seizure, and confiscation of all proceeds gained by illicit behavior. Asset recovery is another important issue addressed by the Convention in developing states where government corruption has plundered national wealth.33 29
Hope, op. cit., 87-89. Ibid, 90. 31 Hodess, op. cit., 10. 32 Ibid, 12. 33 Ibid, 12. 30
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In addition, the World Bank has been vital in the fight against corruption. The goal of the Bank is to realistically help countries move away from systematic corruption towards ethical governance. To achieve these ends, the Bank has expanded its role in state development and started to include anti-corruption measures in loan covenants. The efforts of the World Bank to mobilize the public to become the critical guardians against corruption are highly effective and encouraged by other institutions. The public can help to ensure anti-corruption initiatives are implemented and can facilitate the exposure of corruption at all levels of government.34
Judicial Integrity Programme Corruption not only pervades the executive branch of many governments. In fact, judicial corruption is widely recognized as a major global issue, particularly in developing states. The international community convened in Vienna, Austria in 2001, and issued a report entitled “Strengthening Judicial Integrity Against Corruption.” The results of the report demonstrate the extent of judicial corruption in Africa. Between 15 and 22 per cent of citizens in Mauritius believe that all of the justices in that state are corrupt. In Tanzania and Uganda, more than 30 per cent of citizens reported that they had been forced to pay the judiciary simply to have access to the system. While causes vary, judicial corruption makes it difficult for there to be an effective body ensuring that other branches of government are not corrupt. Yet, although the international community recognizes the extent of this issue, little has been done to effectively create feasible solutions.35
African Union Efforts to Fight Corruption In addition to United Nations and international action on this matter, the African Union has been involved in attempting to develop regional resolutions to the specific issues of corruption uniquely plaguing its governments. To further this task, on 11 July
34
Rose-Ackerman, op. cit., 52-54. “Strengthening Judicial Integrity Against Corruption.” Global Programme Against Corruption. http://www.unodc.org/pdf/crime/gpacpublications/cicp10.pdf
35
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2003, the African Union passed the Convention on Preventing and Combating Corruption. The perambulatory clauses noted the terrible effects corruption has on all aspects of a state and called for states to work to address the root causes of corruption. The document then goes on to discuss the importance not only of domestic initiatives, but also regional cooperation to develop feasible, effective solutions to the corruption crisis. The Convention next focuses on what individual states must do to comply with their obligations under the document. Governments must act to strengthen national anticorruption laws and their accompanying punishments. Once these measures are in place, the judiciary must responsibly enforce them. Overall, the document is designed to encourage states to take every possible step to fight the rampant corruption found throughout African states.36
Current Status Research has been done by Göttingen University and Transparency International to measure the level of corruption in nations around the world. The table at the right displays a 2005 study documenting the corruption levels in different countries. The study distinguishes the type of country, government system, and location of a nation with regard to the corruption levels. The chart goes from 1, the nation with the lowest perceived corruption level, to 159, the African nation of Chad. The index system is out
Transparency International Survey Ranking State Relative Corruption 100 Mozambique 2.8 125 Uganda 2.5 127 Niger 2.4 144 DR Congo 2.1 145 Kenya 2.1 148 Somalia 2.1 149 Sudan 2.1 151 Angola 2.0 152 Côte d'Ivoire 1.9 154 Nigeria 1.9 159 Chad 1.7
of 10, with 1 being the most corruption, and 10
36
“African Union Convention on Preventing and Combating Corruption.” African Union. 11 July 2003. < http://72.14.209.104/search?q=cache:rcSf388vvZIJ:www.africaunion.org/Official_documents/Treaties_%2520Conventions_%2520Protocols/Convention%2520on%2520Combatin g%2520Corruption.pdf+African+Union+Corruption&hl=en&gl=us&ct=clnk&cd=1>
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the least. A few African nations are highlighted in the chart excerpt, and many more African nations score above 100.37 Corruption is prevalent in many nations, and exists in many forms. Within recent years, there have been examples of electoral fraud, bribery of government officials, and organized crime throughout Africa.
These examples highlight the need for special
attention from the UN as well as a thorough resolution to avoid future instances of government corruption.38 The United Nations has recently taken further action to achieve the goal of minimizing or eliminating government corruption. In 2005, the United Nations Office of Drugs and Crime created an anti-corruption campaign to raise public awareness about the power of ordinary citizens to fight corruption. Under the slogan “You can stop corruption,” the UNODC hopes to expose corruption and eliminate its root causes.
The campaign “calls on individuals to refrain from engaging in criminal
activities that can have devastating effects on their society and country.”39 Corruption was also addressed at the 14th Session of the Commission on Crime Prevention and Criminal Justice in Vienna, Austria from 23-27 May 2005. The Report of the Secretary-General on the United Nations Convention Against Corruption discussed progress regarding implementation of the Convention. Regional conferences were held throughout 2004 to help states understand their responsibilities under the Convention. A workshop in Tangiers, Morocco was held specifically for African states to give them training in international cooperation to prevent corruption within their respective states. The Report noted that the governments of Nigeria, Sierra Leone, and Senegal actively promoted World Anti-Corruption Day and discussed its meaning with their citizens.40
Case Study: Kenya – Government Corruption Throughout the 1990s, Kenya suffered through the corruption of President Daniel 37
Hoddess, op. cit., 1-5. Ibid, 10-11. 39 “You Can Stop Corruption.” United Nations Office of Drugs and Crime. http://www.unodc.org/unodc/event_2005-12-09_1.html 40 Report of the Secretary General on the United Nations Convention Against Corruption.” Commission on Crime Prevention and Criminal Justice. http://daccessdds.un.org/doc/UNDOC/GEN/V05/825/41/PDF/V0582541.pdf?OpenElement 38
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Arap Moi, who took advantage of Kenya’s gold and diamond resources. However, Kenya’s CPI score has improved since the inception of Transparency International, and has now reached a 2.1. Kenya has increased efforts to promote public awareness of corruption and prosecuted those guilty of graft. In 2002, Kenya held open democratic elections that were validated by the United Nations. President Mwai Kibaki is continuing to work toward his goal of economic modernization and the end of corruption. Recently, President Kibaki asked Finance Minister David Mwiraria and Energy Minister Hon Kiraitu Murungi to step down over allegations they used their positions while Moi was President to embezzle funds.41 Although this seems to show that Kibaki is committed to fighting corruption in his administration, critics argue that it is too little, too late. In fact, the World Bank froze payment of USD $266.5 million to Kenya for education and AIDS relief due to concerns of government corruption.42
Case Study: Nigeria – Corporate Corruption Nigeria suffered through years of military dictatorship until the somewhat democratic election of Olusegun Obasanjo in 1999.
Along with intra-government
scandals like the one that afflicted Kenya, Nigeria also has multi-national corporations fighting for its resources. In 2004, Royal Dutch Shell, one of the largest oil companies in the world, admitted to ‘inadvertently’ involving itself in corrupt dealings with the government.43 Shell claims it may have acted inappropriately when acquiring land and negotiating with local leaders in the conflict-prone area of the Niger Delta, a major source of fuel.
While Shell admitted involvement in corrupt dealings, spokesman
Emmanuel Etomi passed the blame onto Nigeria, explaining, “government and local communities must take the lead” in combating corruption. Currently, there is a classaction lawsuit being prepared by various NGOs that accuse Shell of harming the
41
“Kenya: More Ministers Resign over Graft Allegations.” Global Policy Forum. 14 February 2006. <http://www.globalpolicy.org/nations/launder/regions/2006/0214graft.htm> 42 Ibid, 1. 43 “Shell Admits Fuelling Corruption.” Global Policy Forum. 11 June 2004. < http://www.globalpolicy.org/security/natres/oil/2004/0611shell.htm>
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environment and fueling conflict in the Niger Delta.44 Incidents such as this highlight the diverse ways that corruption adversely affects governments.
Case Study: Uganda – Electoral Fraud Uganda banned political parties between 1986-2005 in an effort to reduce violence and division within the country.45 In February 2006, President Yoweri Museveni was reelected, defeating opponent Kizza Besigye with 59% of the vote. The election results led to chaos and violence when Besigye alleged Musseveni used public money to fund his campaign and miscounted the votes. According to Besigye, “there is a big variation in the results coming out of our tallying centre from what the Electoral Commission is announcing.”46 Besigye also argues that Museveni deployed soldiers to polling places in an attempt to intimidate the electorate, and opponents of Museveni were told they were not registered to vote. Although the European Union observers approved of the election, they agreed there were problems, including the media’s obvious bias in favor of Museveni.47 The possibility of fraudulent elections that are won through corruption, especially when exposed, can undermine public faith in government and create crises in leadership.
Case Study: Chad – Effects of Corruption Peter Kangwanja of the International Crisis Group in Pretoria, South Africa notes that “Chad signifies the worst of Africa.”48 The state was ranked the most corrupt country in the world by Transparency International, mostly because it is marred by political instability, human rights abuses, and little freedom of the press. Despite a 2000 anti-corruption law that codified penalties for corrupt practices, there have been no prosecutions under the law. This simply furthers the perception that little is being done in the most corrupt state in the world. Corruption in Chad is difficult to identify because 44
Ibid, 1. Le Vine, op. cit., 79. 46 “Uganda’s Museveni Wins Election.” BBC News. 25 February 2006. < http://news.bbc.co.uk/2/hi/africa/4750040.stm> 47 Ibid, 1. 48 McLaughlin, op. cit., 1. 45
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most civil servants receive low wages. The problem is most prevalent in tax and customs officials and the judiciary, which often takes bribes.49 Ironically, as poverty led the Chadian government to become corrupt, it is this corruption that will continue to keep Chad impoverished. President Idriss Déby is at odds with World Bank President Paul Wolfowitz, who only recently agreed to allow assistance from the World Bank for Chad’s oil pipeline.50 Wolfowitz’s primary concern was the lack of transparency in Chad’s economy, and a fear the money could go towards funding Sudanese rebels in Darfur. In July 2006, Déby made a promise to work with the World Bank and IMF to divert seventy per cent of all revenues from the pipeline towards aiding the impoverished citizens of Chad. Another five per cent must go to development projects and infrastructure in the Doba region. If more evidence of corruption surfaces, there is a potential that the World Bank will freeze all assistance, a step which could prove disastrous to Chad.51
Key Positions Africa Although states suffer from corruption, governments in African generally do not admit to involvement in corrupt affairs. The African Union established the Convention on Preventing and Combating Corruption, which has the goal of “promoting, facilitating and regulating cooperation among the State Parties to ensure the effectiveness of measures and actions to prevent, detect, punish and eradicate corruption and related offences in Africa.”52 The African Union maintains its goal of promoting transparency and social justice in every state in Africa, and thus condemns all acts of corruption. Botswana ranked highest among African nations on Transparency International’s scale, 49
“Watchdog Ranks Corrupt Nations.” CBS News Online. http://www.cbsnews.com/stories/2005/10/20/world/main959255.shtml 50 Ibid. 51 Ibid, 1. 52 “African Union Convention on Preventing and Combating Corruption.” African Union. 11 July 2003. < http://72.14.209.104/search?q=cache:rcSf388vvZIJ:www.africaunion.org/Official_documents/Treaties_%2520Conventions_%2520Protocols/Convention%2520on%2520Combatin g%2520Corruption.pdf+African+Union+Corruption&hl=en&gl=us&ct=clnk&cd=1>
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with a CPI of 5.9, suggesting that it has been effective in fighting unethical behavior. One of the reasons for such a high ranking is Botswana’s thirteen political parties and three branches of government, which provide a check on presidential power. International, regional, and national solutions addressing corruption have failed, and innovative responses to this issue are necessary.
Europe Eastern Europe has suffered its own corruption problems since the end of the Cold War, with many states facing organized crime and bribery scandals. Romania, Slovakia, Estonia and Poland all suffered large-scale corruption scandals as post-Soviet bureaucracies took hold. The Soviet system was known to be rife with corruption, and the transition from Communism to a market economy was marked with significant difficulties.53 However, dishonest politicians can no longer expect the public to be ignorant of their actions. The European Union (EU) has taken a firm stance against corruption in all nations, and encourages states to adopt strengthened anti-corruption measures. The EU Strategy for Africa has the mission of providing not only aid money, but also monitoring the transparency and legitimacy of African governments. The EU has promised more than USD $26 billion in additional aid in order to reach the UN Millennium Development Goals (MDGs).54 However, the EU has been clear that it first wants to work with NGOs, other donor nations, and organizations like the African Union to ensure the money goes to help impoverished people, and not corrupt regimes.55 If corruption can be eliminated, the money earmarked for achieving the MDGs can finally be used to aid the desperate people of Africa.
53
Barret, Liz. “Corruption in Eastern Europe,” <http://www.cer.org.uk/articles/n_10_2.html> “Europe Cares: European Union Development Policy.” European Union Website. < http://www.europe-cares.org/africa/governance_en.html> 55 Ibid, 1. 54
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North America The United States and Canada agree with European Union policies on African corruption. A report by the United States Department of State claims that the causes of corruption in Africa are “low civil service salaries ... a lack of transparency and accountability in government operations … and [a] lack [of] an effective judicial system to prosecute and sanction corrupt officials.”56 The United States believes that public support for anti-corruption measures is important. Additionally, America supports the privatization of certain industries as well as overall democratization of states. The U.S. also funds surveys, media campaigns, and anti-corruption commissions to help alleviate corruption.57
Canada has also been taking an active role in reforming African
governments, and has partnered with the Forum of Federations to help Sudan create a federal system of government.58 Canada believes that multi-level government protects citizens from a powerful, centralized national bureaucracy. By spreading power out, it becomes more difficult for any one branch or individual to become too powerful.
Latin America Central America, South America, and the Caribbean Islands must deal with their own problems of corruption and poverty. To aid in this endeavor, the Organization of American States created a program to tackle corruption in the region. The Office of Legal Cooperation was created in 1996 to draft a comprehensive set of anti-corruption laws which each country has subsequently vowed to uphold.59 The Inter-American Convention Against Corruption is certainly a step in the right direction for Latin America. As African states face similar corruption issues, they may be able to utilize this framework to achieve positive solutions.60 56
Corey, Charles W. “US Agency Warns Corruption Stunts African Growth on Many Levels.” US Dept. of State. 21 May 2004. < http://usinfo.state.gov/ei/Archive/2004/May/26-410771.html> 57 Ibid, 1. 58 “Canada Active in Sudan.” Canadian Foreign Ministry. < http://www.dfait-maeci.gc.ca/canadasudan/hsp-03en.asp> 59 Organization of American States: Office of Legal Cooperation. < http://www.oas.org/juridico/english/FightCur.html> 60 Ibid, 1.
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Additionally, Venezuela, Brazil, and Cuba began constructing embassies throughout Africa to develop new alliances, and have also applied for observer status in the African Union.
According to Venezuela’s foreign minister, their new goal is,
“Seeking strategic alliances in the area of energy, in both technological cooperation and trade.”61 Venezuela is a strong proponent of national sovereignty and places energy trade as its highest priority, making it unlikely that Venezuela will compel government reform. Establishment of relations between African and Latin American states is nevertheless positive, as it may lead to cooperative solutions to issues currently affecting both regions.
Asia Asia has also dealt with significant corruption. Electoral fraud, abuse of political power, and a lack of independent media in the region all contribute to this problem. Japan’s policy is in line with the United States and Russia, while China is more interested in African resources and is therefore not as concerned with combating corruption. There is a significant concern from the United States and European Union that China may be fueling corruption in multiple regimes to protect their flow of resources. Former South Korean Foreign Minister and newly elected United Nations Secretary-General Ban KiMoon also developed close relations with the African Union. According to the South Korean Foreign Ministry, Ban believes that democratization and stability in Africa are necessary for future development.62
61
Marquez, Humberto. “Weaving New Alliances with Cultural Threads Between Venezuela and Africa.” Venezuela Analysis.com. < http://www.venezuelanalysis.com/articles.php?artno=1589> 62 “Foreign Relations.” Republic of Korea Ministry of Foreign Affairs and Trade < http://www.mofat.go.kr/me/me_a004/me_b016/1207264_1004.html>
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Summary The struggle to fight corruption is certainly not new, and is by no means unique to Africa. The greatest evil stemming from corruption is the reality that those who suffer most are Africaâ&#x20AC;&#x2122;s impoverished people. As AIDS, famine, and war continue to plague Africa, the one potential counterbalance to chaos, the government, is failing the people who need it most.
Corruption, whether in the form of electoral fraud, bribery, or
patronage, weakens the legitimacy of the state and diminishes public faith in the governmentâ&#x20AC;&#x2122;s ability to effectively protect basic rights. Areas that need to be addressed to combat corruption include low pay for bureaucratic positions, a sense of tribal and family allegiance leading to nepotism, and inexperience in proper governance. The United Nations, African Union, and individual states have all taken steps to reduce corruption. The United Nations has repeatedly passed resolutions condemning government corruption, culminating in the 2003 United Nations Convention Against Corruption. Likewise, the African Union created the Convention on Preventing and Combating Corruption for much the same purpose. However, these measures have not been very effective. While noble, they have nevertheless failed to address the root causes of corruption, and the issue is still pervasive throughout Africa. Unfortunately, various investigatory committees created by the UN and individual states have failed to solve the problem, demonstrating that creating a new ad hoc committee is not the solution. Although Transparency International, an anti-corruption NGO, has been successful at spreading awareness, they have not been able to stop corruption in Africa. Many states and the World Bank have taken the stance that they will not donate money to fund infrastructure projects or fight poverty unless there is transparency and legitimacy in African governments. It is important for the United Nations and NGOs to coordinate food, medicinal, and infrastructure programs with legitimate governments so that donor money is not stolen by corrupt officials.
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Discussion Questions • How has your state attempted to fight corruption amongst government officials? Have these actions been successful? • Should corruption be fought on an international, regional, or individual state level? Some combination of these three? • How effective have previous UN and AU actions been in exposing and fighting government corruption? • How does corruption preclude African states from reaching the UN Millennium Goals? • How can the UN best deal with the situation while maintaining respect for national sovereignty? • What role do the media and public opinion play in exposing government corruption? • What effective checks on government officials exist in other nations? Could they be successfully implemented in Africa? • Should the UN prosecute corrupt government officials? If so, which organs of the UN should be responsible for bringing them to justice? If not, who should deal with corrupt officials? • What action should be taken against Multinational Corporations (MNC) that hand out bribes? • What has the UN done in the past to monitor elections? What can be changed in the future?
PhilMUN 2007 Works Cited “African Union Convention on Preventing and Combating Corruption.” African Union. 11 July 2003.< http://72.14.209.104/search?q=cache:rcSf388vvZIJ: www.africaunion.org/Official_documents/Treaties_%2520Conventions_% 2520Protocols/Convention%2520on%2520Combating%2520Corruption.p f+African+Union+Corruption&hl=en&gl=us&ct=clnk&cd=1> “A/RES/51/191: United Nations Declaration Against Corruption and Bribery in International Commercial Transactions.” United Nations General Assembly. Barret, Liz. “Corruption in Eastern Europe,” <http://www.cer.org.uk/articles/n_10_2.html> “Canada Active in Sudan.” Canadian Foreign Ministry. < http://www.dfait- maeci.gc.ca/canadasudan/hsp-03-en.asp> “China’s African Policy.” People’s Daily Online. January 2006. < http://english.people.com.cn/200601/12/eng20060112_234894.html> Corey, Charles W. “US Agency Warns Corruption Stunts African Growth on Many Levels.” US Dept. of State. 21 May 2004. <http://usinfo.state.gov/ei/Archive/2004/May/26-410771.html> “Europe Cares: European Union Development Policy.” European Union Website. < http://www.europe-cares.org/africa/governance_en.html> “Foreign Relations.” Republic of Korea Ministry of Foreign Affairs and Trade < http://www.mofat.go.kr/me/me_a004/me_b016/1207264_1004.html> “The Global Programme Against Corruption.” United Nations Office on Drugs and Crime. http://www.unodc.org/unodc/en/corruption.html Hodess, Robin. “Global Corruption Report 2001.” Transparency International. Berlin, Germany: Transparency International, 2001. Hope, Kempe Ronald and Bornwell Chikulo. Corruption and Development in Africa. NY: St. Martin’s Press, 2000. “Kenya: More Ministers Resign over Graft Allegations.” Global Policy Forum. 14 February 2006. <http://www.globalpolicy.org/nations/launder/regions/2006/0214graft.htm>
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Le Vine, Victor. Political Corruption: The Ghana Case. Stanford, CA: Hoover Institutional Press 1975. Marquez, Humberto. “Weaving New Alliances with Cultural Threads Between Venezuela and Africa.” Venezuela Analysis.com. <http://www.venezuelanalysis.com/articles.php?artno=1589> McLaughlin, Abraham and Claire Soares. “Oil Wealth and Corruption at Play in Chad’s Rebellion.” The Christian Science Monitor. 21 April 2006. <http://www.csmonitor.com/2006/0421/p06s01-woaf.html> Organization of American States: Office of Legal Cooperation. < http://www.oas.org/juridico/english/FightCur.html> Report of the Secretary General on the United Nations Convention Against Corruption.” Commission on Crime Prevention and Criminal Justice. http://daccessdds.un.org/doc/UNDOC/GEN/V05/825/41/PDF/V0582541.pdf?Ope nElement Rose-Ackerman, Susan. Corruption and Government. Cambridge, UK: Cambridge University Press, 1999. “Shell Admits Fuelling Corruption.” Global Policy Forum. 11 June 2004. < http://www.globalpolicy.org/security/natres/oil/2004/0611shell.htm> “Strengthening Judicial Integrity Against Corruption.” Global Programme Against Corruption. http://www.unodc.org/pdf/crime/gpacpublications/cicp10.pdf “Uganda’s Museveni Wins Election.” BBC News. 25 February 2006. < http://news.bbc.co.uk/2/hi/africa/4750040.stm> “Watchdog Ranks Corrupt Nations.” CBS News Online. http://www.cbsnews.com/stories/2005/10/20/world/main959255.shtml Williams, Robert. Political Corruption in Africa. Hampshire, UK: Gower Publicshing Company, 1987. “You Can Stop Corruption.” United Nations Office of Drugs and Crime. http://www.unodc.org/unodc/event_2005-12-09_1.html