The Integrity Bulletin May 2019 by Rakesh Raman

Say No to Corruption

The Integrity Bulletin May 2019

Ukraine Launches Special Anti-Corruption Court

An Editorial Initiative of Raman Media Network Editor: Rakesh Raman

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Main Stories in This Issue

Learning

Anti-Corruption Training for Judges Message from World Bank CEO Join the Anti-Corruption Working Group

Law and Policy

Corruption Research

Status Report on Construction Crime in Delhi Research Project on Corruption in India Reasons for Increasing Corruption in India Rampant Corruption in the Water Sector

Ukraine Launches Special Anti-Corruption Court India’s First Lokpal Starts Work in Delhi Bureaucratic Corruption and Pollution

Awareness

Drama Series Showcases Real Corruption Cases IMF Report Focuses on Curbing Corruption Training Manual on Anti-Corruption Concepts Write for The Integrity Bulletin

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Ukraine Launches Special Anti-Corruption Court While it took seven months to select the judges, 38 new judges will perform their duties in the new court. Ukrainian President Petro Poroshenko announced on April 11 the launch of a special anti-corruption court to handle corruption cases as part of Ukraine's $3.9 billion loan program with the IMF. The objective of the court is to weed out mounting corruption from the country and insulate the court decisions from political interference and bribery.

Ukrainian President Petro Poroshenko taking part in the ceremony of the appointment of judges of the anti-corruption court. While it took seven months to select the judges, 38 new judges will perform their duties in the new court. The judges have been given sufficient resources and independence from the legislative and executive branches of the government as well as the President to act without any encumbrance. “The Supreme Anti-Corruption Court should become a true pillar of the state in the fight against corruption,” said Poroshenko who took part in the ceremony of the appointment of judges of the court.

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"I understand that on this difficult path of combating corruption, each of you has made a choice in favor of the Ukrainian state, putting personal security in second place. And I am very grateful to you for this difficult choice," the President appealed to the newly elected judges. According to him, due to the changes in the relevant legislation, European standards of legal proceedings are working in Ukraine. "We are improving the criminal process, using the best world practices, first of all, the practice of the European Court of Human Rights," the President said. He urged the judges to write a new history and build a new system guided by European standards and values. “I emphasize that with the creation of the anti-corruption court, we are completing the creation of an independent anti-corruption infrastructure," the President said.

Anti-Corruption Training Program for Moroccan Judges and Prosecutors The training activity was covered by various written and visual media outlets in Morocco.

Training Program for Moroccan Judges and Prosecutors. Photo: Council of Europe

Within the framework of the South Neighbourhood Anti-Corruption or SNAC 3 Project, the Council of Europe held a training in the premises of Ministère Public with the aim of enhancing the capacities of judicial and law enforcement authorities specialized in the fight against corruption and economic crime.

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The training (April 9 – 10) aimed at strengthening the capacity of judges and prosecutors in handling cases in the area of money laundering, corruption, and public procurement fraud, through discussions and peer exchange on case studies and good practices. The training activity was covered by various written and visual media outlets in Morocco, which included a video footage of interviews with the Chief Public Prosecutor Mr Mohamed Abdel-Nabawi and the President of the Anti-Corruption Authority Mr Mohamed Bachir Rachdi.

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New TV Drama Series Showcases Real Corruption Cases The five episodes of “ICAC Investigators 2019” is adapted from various ICAC cases. A new season of “ICAC Investigators 2019,” a TV drama series adapted from Hong Kong’s real ICAC (Independent Commission Against Corruption) corruption cases and jointly produced by the Commission and the Television Broadcasts Limited (TVB) was released on April 6. To mark the launch of the drama series, a premiere of the first episode “Passion” was held on March 29 at the Jockey Club Auditorium of the Hong Kong Polytechnic University. Welcoming over 800 guests at the premiere, ICAC Commissioner Mr Simon Peh Yun-lu said ICAC TV drama was first launched in 1976 and had always been well received. The latest production would be the 17th season. “The TV drama series were all adapted from real ICAC cases. Apart from educating the public against the evils of corruption, they also demonstrated the relentless efforts and determination of ICAC officers in carrying out their anti-corruption duties,” Mr Peh said. Renowned movie director Dante Lam Chiu-yin, who has been filming ICAC drama series for the past 15 years, is the producer of “ICAC Investigators 2019.”

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Working alongside with him were four up-and-coming film directors – Frank Hui Hok-man, Lau Ho-leung, Jevons Au Man-kit, and David Lee Kwong-yiu. The five-episode TV drama series features the challenges faced by two young ICAC investigators over a period of 10 years. “With the tactful direction of the production team and brilliant interpretation of the artistes, the drama series is a showcase of the perseverance and determination of ICAC officers from different generations in safeguarding a corruption-free Hong Kong,” Mr Peh said.

ICAC Commissioner Mr Simon Peh Yun-lu, senior officers and guests pictured with directors, producers, and artistes at the premiere of ICAC Investigators 2019. Photo: ICAC The new ICAC TV drama series will be telecast on TVB Jade at 9:30 pm on five consecutive Saturdays starting Saturday (April 6). Audience can also watch the drama series in Hong Kong or overseas through TVB’s online platform and mobile phone applications. The five episodes of “ICAC Investigators 2019” is adapted from various ICAC cases, including a primary school teacher soliciting bribes from parents, car testing centre staff conducting lax examination on vehicles, restaurant chefs receiving illegal rebates as well as a corruption and misconduct case involving a senior government official. The cast includes Carlos Chan, Jeannie Chan, Joyce Tang, Ben Wong, Kent Cheng, Harriet Yeung, Winki Lai, Jerry Ku, Jack Wu, William Hu, and Pierre Ngo.

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Support New Research Project on Corruption in India Political and bureaucratic corruption is the main cause of poverty, pollution, sickness, and hunger in India. The humanitarian organization RMN Foundation has planned to start a comprehensive research project to compile an exclusive report on corruption in India. The research report will carry detailed information on corruption including data, interviews, and case studies from primary as well as secondary sources. Individuals, organizations, students, educational institutions, volunteers, and other professionals are invited to collaborate in the project. The unique selling proposition (USP) of this report will be to sensitize different stakeholders in India and abroad about the limitations of the Indian governments in deploying information-driven processes to deal with corruption, although it will also cover traditional aspects. Working Title: India Corruption Research Report 2019 (ICRR 2019) Support the Project Indian donors may please send in their contributions using the following bank details: ● ● ● ● ● ●

Bank Name: ICICI Bank Bank Branch: HL Square, Plot No. 6, Sector 5 (MLU), Dwarka, New Delhi 110 075 Account Number: 025005004368 Account Name: RMN Foundation Type of Account: Current IFSC Code: ICIC0000250

You can click here to donate with PayPal, credit card, or bank account.

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A sick, homeless man sleeping on a road in Delhi. Political and bureaucratic corruption is the main cause of poverty, pollution, sickness, and hunger in India. Photo: Rakesh Raman / RMN News Service Research Report Components – Evolving Corruption Definition and Scope – Findings from a Primary Perception Survey – Corruption Data from Secondary Sources – Corruption Laws and Limitations – Anti-Corruption Agencies and Functions – Government-to-Citizen Interfaces and Limitations – Interviews with Corporate and Government Executives – Corruption Case Studies – Major Corruption Cases and Trends – Findings The research project will be spearheaded by Rakesh Raman who is a national award-winning journalist and social activist. He has been covering local and international corruption issues for years. Now he runs an exclusive community-driven free online social service under the banner “Clean House” to help the suffering residents of Delhi raise their voice against the growing corruption in group housing societies where millions of people live. Click here for details.

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Status Report on FAR Construction Crime in Delhi Many members of housing societies are going to the courts to get FAR planning or construction stopped in their buildings because it is a totally illegal activity. A criminal racket involving thousands of crores of rupees is being run around FAR (floor area ratio) construction by the managing committee (MC) members of Delhi's cooperative group housing societies (CGHS), architect firms, and corrupt government officials. As the concerned government officials at Delhi Development Authority (DDA), Registrar Cooperative Societies (RCS), Delhi Fire Service (DFS), and Delhi Urban Art Commission (DUAC) are usually bribed by the MC members of housing societies, they ignore public complaints against FAR construction which is spreading dust and noise pollution. These corrupt government officials also bend the rules to allow FAR by issuing some vague letters to MCs which they use to extort money from the residents / members to start FAR expansion in their buildings where people - men, women, and children - are already living. Therefore, many members of housing societies are going to the courts to get FAR planning or construction stopped in their buildings because it is a totally illegal activity. A new "Status Report on FAR Construction Crime in Cooperative Group Housing Societies of Delhi" explains the extent of crime and corruption in Delhi’s housing societies where millions of people live. You can click here to download the report. 12 Steps to Deal with Corruption in India Today, no government in India is willing to stop corruption because it has become the lifeblood of Indian bureaucrats and politicians. However, in order to avert a situation of imminent civil unrest because of corruption in the country, the judiciary and law-enforcement agencies must take these 12 preventive steps - at least. You can click here to know the 12 steps to stop corruption in India.

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Appeal for Donations RMN Foundation is a humanitarian organization that was formed in May 2015 as an educational and public charitable Trust for the benefit of humanity at large. It is registered with the Government of National Capital Territory of Delhi at New Delhi, India. Currently, all the activities of RMN Foundation are being managed single-handedly (without any support) by RMN Foundation founder Rakesh Raman who had left his job a few years ago to run this charity. As RMN Foundation has embarked upon some major humanitarian projects during the past over 3 years, now it needs a significant amount of funds in the form of donations to expand the scope of its activities. Individual Indian donors can help RMN Foundation with their contributions using the following bank details: Bank Name: ICICI Bank Bank Branch: HL Square, Plot No. 6, Sector 5 (MLU), Dwarka, New Delhi 110 075 Account Number: 025005004368 Account Name: RMN Foundation Type of Account: Current IFSC Code: ICIC0000250 Or you can c lick here to donate with PayPal, credit card, or bank account.

Training Manual on Anti-Corruption The initial draft of the training manual was piloted at a training event in Moscow, Russian Federation. This training manual, Basic anti‑corruption concepts, forms part of the Council of Europe’s technical cooperation activities with its member states. The development, preparation, and publication of this manual has been fully funded by the Council of Europe.

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The initial draft of the training manual was piloted at a training event in Moscow, Russian Federation. The training itself was conceptualised around an interactive, four‑ to five‑day seminar, and it was delivered in the format of training and reading materials. Later, the Council of Europe experts and national participants at a May 2012 training session supplied additional inputs; all this further development aimed to make the training material more complete. The manual’s purpose is twofold: for trainers, it serves as a suggested sequential outline of the training session(s). For trainees, it is a source of reference in following and understanding the training, as well as for individual follow‑up after the event. The manual focuses on corruption and possible responses to it, as documented by international standards and understandings. Chapters 1 and 3, and the Excursus in Chapter 2, were written by Council of Europe expert Ms Vera Devine (United Kingdom); the rest of Chapter 2 and Chapters 4 to 9 were the work of Council of Europe expert Mr Tilman Hoppe (Germany).

India’s First Anti-Corruption Ombudsman Lokpal Starts Work in Delhi The immediate task before Lokpal will be to resolve the pending corruption cases in which top politicians and bureaucrats are facing serious corruption charges. The first Lokpal, the anti-corruption ombudsman, of India has started its operations from a temporary office arranged in a five-star luxury hotel - The Ashok hotel - in Chanakyapuri of New Delhi. According to reports, the chairperson, the eight-member team, and the support staff of Lokpal will work from the hotel premises. The President of India, Ram Nath Kovind, had administered the oath of office to Justice Pinaki Chandra Ghose as Chairperson, Lokpal, at a ceremony held on March 23, 2019 at Rashtrapati Bhavan. Justice Ghose is the head of India’s first Lokpal office. The Judicial Members of the Lokpal are Justice Dilip B. Bhosale, Justice Pradip Kumar Mohanty, Justice Abhilasha Kumari, and Justice Ajay Kumar Tripathi. Also, according to a government communique, members other than the Judicial Members are Dinesh Kumar Jain, Ms. Archana Ramasundaram, Mahender Singh, and Dr. Indrajeet Prasad Gautam.

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While most anti-corruption institutions such as the Central Vigilance Commission (CVC), Central Bureau of Investigation (CBI), and the Supreme Court of India exist as toothless outfits that have repeatedly failed to handle serious corruption cases, the Lokpal office is expected to weed out massive corruption from India.

President of India, Ram Nath Kovind, administering the oath of office of the Chairperson, Lokpal to Justice Pinaki Chandra Ghose, at a swearing-in ceremony at Rashtrapati Bhavan in New Delhi on March 23, 2019. Photo: PIB

While rampant corruption is happening at every step in India, the untamed bureaucrats are blatantly defying laws that are supposed to prevent corruption. The latest Corruption Perceptions Index (CPI) released by Transparency International reveals that India is among the most corrupt countries of the world. The index, which ranks 180 countries and territories by their perceived levels of public sector corruption, asserts that India, with a score of just 41, is ranked 78 in the world. In other words, India is more corrupt than 77 other countries. The immediate task before Lokpal will be to resolve the pending corruption cases in which top politicians and bureaucrats are facing serious corruption charges. The Rafale corruption case – in which Prime Minister Narendra Modi is the prime accused – is at the top of the list. In fact, Arvind Kejriwal’s Aam Aadmi Party (AAP) has decided to file a complaint against PM Modi in the Lokpal. An AAP leader Gopal Rai said recently that his party will file Rafale and Sahara-Birla corruption complaints against Modi with Lokpal.

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Although it is not clear how Lokpal will deal with high-profile corruption cases, people hope that if Lokpal worked independently without getting influenced by the politicians, it will be able to reduce corruption in the country.

Message from World Bank CEO

"A lack of transparency fuels corruption, a corrosive force that hits the poor and the vulnerable the hardest." - Kristalina Georgieva, CEO of the World Bank

Reasons for Increasing Corruption in India These are some of the reasons because of which corruption is increasing exponentially in India. Weak and Complicated Laws. Unskilled Law-Enforcement Officers. Faulty Complaint Handling Mechanism. Archaic Administrative Systems. Bureaucratic Inefficiency. Limited Use of Technology.

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Environmental Damage and Pollution in India Appeal to Global Community A new IQAir AirVisual report, which covered 3,000 cities of the world, has revealed that Gurugram (a.k.a. Gurgaon) a suburb of India’s capital New Delhi is the most polluted city of the world while 22 of the top 30 polluted cities are in India. Also, Delhi remains the most polluted capital across the world. As pollution levels remain dangerously high throughout the year in India, all travelers including business executives, tourists, and diplomats need to exercise utmost caution while planning to visit India – particularly India’s capital New Delhi. Moreover, companies and investors must not come to Delhi for setting up their businesses or for trade conferences as pollution can harm them as well as their families. Foreigners who have come to stay in India for their work, should preferably go back to their countries. Or, at least, they should not keep their children with them because Delhi’s pollution is very harmful for children. Delhi Government, the Indian Government, and the pollution-control agencies are not taking proper steps to control pollution because most politicians and bureaucrats in India are corrupt, uneducated, and careless. The extreme pollution in Delhi is being compared to the poisonous gas chambers used by Nazi Germany during the Holocaust for the genocide of millions of European Jews. As pollution in Delhi / India is harmful to millions of Indians as well as people in other parts of the world with its impact on global warming and climate change, its lethal effect is equivalent to weapons of mass destruction. The Indian government - including bureaucrats and politicians - is causing serious environmental damage which is harmful for the entire planet. Therefore, the global community including the UN and the U.S. Department of State and the Office of Foreign Assets Control (OFAC) must impose strict economic, diplomatic, and trade sanctions on India and Indian officials. Rakesh Raman

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IMF Fiscal Monitor Focuses on Curbing Corruption Corruption—the abuse of public office for private gain—distorts the activities of the state and ultimately takes a toll on economic growth and the quality of people’s lives. The April 2019 edition of International Monetary Fund’s (IMF) Fiscal Monitor is focused on two broad themes: fiscal policy in a fast-changing global economy and curbing corruption. The report takes an in-depth look at how corruption impacts government policies and operations, the fiscal costs, and how fiscal institutions can help fight corruption. According to the report, corruption—the abuse of public office for private gain—distorts the activities of the state and ultimately takes a toll on economic growth and the quality of people’s lives. It weakens key functions of the public sector, including the ability to collect taxes or to make expenditure choices in a fair and efficient way. If, in exchange for bribes, civil servants facilitate tax evasion or corrupt politicians provide ad hoc tax breaks for some people or firms, others will end up facing higher tax rates, and the government may be unable to generate enough revenue to pay for productive spending. Likewise, according to the IMF report, the quality of public services and infrastructure suffers when project selection reflects opportunities for kickbacks or nepotism. Bribery of foreign officials by multinationals and the use of opaque financial centers, or secrecy jurisdictions, to hide corrupt gains or to evade taxes add a global dimension to the challenge. Against this backdrop, and by contributing to growing inequality, corruption undermines trust in government and can lead to social and political instability. The widespread acknowledgment that tackling corruption is critical for macroeconomic performance and economic development has led to its inclusion in the United Nations Sustainable Development Goals; it has also prompted several initiatives, including the Framework for Enhanced IMF Engagement in Governance (IMF 2018). An exclusive chapter of the report assesses the fiscal costs of corruption and explores the practices and institutions in the fiscal area that can help curb opportunities and incentives for corruption.

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Join the Anti-Corruption Working Group To become a member of the Working Group, you can send a letter indicating your organization’s proposed representative and his/her reason for joining. After the introduction of the 10th Principle against Corruption, the UN Global Compact convened a global multi-stakeholder group to undertake cross-sectoral and collaborative efforts to implement the 10th Principle and end corruption. The Working Group is tasked with facilitating cooperation and aligning efforts between global actors and initiatives to increase impact while avoiding duplication. The Working Group has played an instrumental role in mobilizing companies around the review mechanism of the UN Convention against Corruption (UNCAC). Members include experts from companies, business associations, civil society, international organizations, academia, and Global Compact Local Networks. To become a member of the Working Group, you can send a letter indicating your organization’s proposed representative and his/her reason for joining. The UN Global Compact office says it will send confirmation of membership when it is approved.

Write for The Integrity Bulletin RMN Foundation - the humanitarian organization in India - has launched The Integrity Bulletin which is a monthly newsletter on global corruption news and issues. Currently, the newsletter project is being managed by Mr. Rakesh Raman who is a national award-winning journalist and founder of RMN Foundation. The Integrity Bulletin invites anti-corruption organizations, social activists, professionals, and experts to contribute their editorial articles for the newsletter. You may please submit the articles with your brief profile to Mr. Rakesh Raman (Email: contact@rmnfoundation.org). People from all across the world are also invited to participate as volunteers in this project.

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Report Reveals Rampant Corruption in the Water Sector The negative impacts of corruption hit the poor and the marginalized hardest – those without easy access to power or money for bribes. The Water Integrity Network (WIN) commends UN Water for the recognition of the all too prevalent challenges of corruption and lack of integrity in the water and sanitation sector. According to WIN, casting a public light on corruption is a critical part of controlling this scourge. The water sector is thought to be one of the most corrupt in the world, due to a combination of large infrastructure projects, a high degree of monopoly control, and a high level of discretion on the part of decision-makers. Estimates of the financial impact of corruption in the water vary considerably, but, according to WIN’s Water Integrity Global Outlook of 2016, at 10%, corruption would be costing the sector anywhere between $80 – 170 billion per annum – in terms of the financial costs of corruption, not the indirect social and environmental costs such as reduced health and lost productivity, and the time costs of collecting water. This is not a problem restricted to developing countries. A recent study on Identifying and Reducing Corruption in Public Procurement in the EU, conducted by PWC, found that 27% of projects analyzed involved kickbacks and 14% showed a conflict of interest type of corruption. The study, which was not water sector specific, found that, on average, the estimated probability of corruption was higher in water and waste compared to other sectors and ranged from 25% to 35% of projects with a cost between EUR 27 million and EUR 38 million.

Meet the Editor The editor of The Integrity Bulletin Rakesh Raman is a national award-winning journalist and social activist. Besides working at senior editorial positions with leading media companies, he was writing an exclusive edit-page column regularly for The Financial Express (a daily business newspaper of The Indian Express Group). Nowadays, for the past about 8 years, he has been running his own global news services on different subjects. He also has formed a free Education and Career Counselling Center for deserving children at a poor J.J. Colony in Dwarka, New Delhi under his NGO – RMN Foundation.

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He runs an exclusive community-driven anti-corruption social service “Clean House” to help the suffering residents of Delhi raise their voice against the growing corruption and injustice. He also has formed an environment-protection group called Green Group in Delhi. He creates and distributes a number of digital publications that cover areas such as technology, law, environment, education, politics, corruption and transparency. He has created a comprehensive online information service to educate the Indian voters for the 2019 Lok Sabha election. Earlier, he had been associated with the United Nations (UN) through United Nations Industrial Development Organization (UNIDO) as a digital media expert to help businesses use technology for brand marketing and business development.

About The Integrity Bulletin Project The Integrity Bulletin content project is being carried out by RMN Foundation. The Integrity Bulletin newsletter is being circulated among the top anti-corruption organizations, law-enforcement agencies, civil society organizations, social activists, politicians, and others in India and abroad. RMN Foundation is looking for collaborators across the world who can join hands with us to carry out major campaigns and projects to engage with different stakeholders in the anti-corruption domain. Contact

Rakesh Raman Founder RMN Foundation 463, DPS Apts., Plot No. 16, Sector 4, Dwarka, Phase I New Delhi 110 078, INDIA Contact by email

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