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CORRUPTION

CORRUPTION. Causes. Overview:. Corruption is pervasive, continuing and not bounded by position or rank; Some areas of public life are more prone to corruption than others;

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CORRUPTION

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  1. CORRUPTION Causes

  2. Overview: • Corruption is pervasive, continuing and not bounded by position or rank; • Some areas of public life are more prone to corruption than others; • The causes of corruption include factors intrinsic to public administration/governance itself: its organisation, the opportunities for corruption which present themselves, and the existence of a ‘culture of patronage or loyalty’; • Continued vigilance and anti-corruption measures are vital.

  3. What is ‘Corruption’? • No single, all-encompassing definition; • Courts & Laws have been able to say what it is not (e.g. does not have to involve dishonesty), but not what it is! • Breach of trust or duty / Breach of the ‘agent/principal’ relationship can be said to lie at the heart of the law of corruption.

  4. The classic typology of corruption: • Corruption of authority; • Kickbacks; • Opportunistic theft; • ‘Shakedowns’; • Protection of activities; • ‘The Fix’; • Direct Criminal Activities; • Internal pay-offs; • Planting. (Roebuck & Barker, 1974)

  5. Examples of corrupt activity:Law Enforcement • Theft of recovered money / drugs (and consequent activities); • Not proceeding with a case in return for reward; • Planting; • Selling / providing information to criminals/private investigators/journalists; • Direct Criminal Activities; • Conspiring with criminal associates / informants to join in their criminal activities (incl violence).

  6. CAUSES • Poverty? (Cause or Effect?) • Greed? • Culture/Habit? • Lack of Management (all levels)? • Lack of Deterrent? • Natural Order of Things?

  7. CONSEQUENCES • Poverty? • Poor Health? • Lack of Education? • Violence/Crime? • Economic Instability? • Political Instability? • Lack of Infrastructure? • International Instability?

  8. AND THESE… Corruption: • Can add up to 100 percent to the cost of government goods and services in some countries. • Can cost governments as much as 50 percent of their tax revenues. • Bring losses that can total more than a country's foreign debt. • Diverts foreign investment, and leads to reduced asset life. • Undermines the creation of a professional, meritocratic civil service. • Is the equivalent of a highly regressive tax, and its burden falls disproportionately upon the poor. Fires, landslides, collapsed buildings, arid land and ferry sinkings. • Might result in regime collapse.

  9. THE POSSIBLE CRIMES?

  10. A METHODOLOGY: • Specialisation: Investigators & Prosecutors; • Early Legal Advice; • Reporting Mechanisms; • Reactive Investigations: Recognising the use and the limitations; • Proactive Investigations: Focus; What do we want? How can we achieve that? Practical limitations? • Intellectual honesty and consistency.

  11. (i) Reactive investigations (ii) Proactive investigations

  12. COMMON PROBLEMS IN REACTIVE CORRUPTION CASES • The nature of the evidence: no honest witnesses having come forward to testify against colleagues. • Co-operating defendants: type of person; need for cleansing; need for corroboration. Motives for lying. Witness protection issues • Potential witness who is willing to give a statement and evidence, but is unwilling to plead guilty to his part before the court. • Disclosure applications. • Prior destruction of papers / unavailability of witnesses. • Production of exhibits, when person originally producing is himself a suspect. • Reluctance to convict.

  13. Some Challenges in/Approaches to Tackling Corruption • Closeness in relations (family/associates/traditional/ethnic) • Resources/Structures/Measures • Tackling Petty/Major Corruption

  14. Consequent Importance of Preventive Strategy • Institutional Pillars: Rules & Procedures • Political Will • Practical Strategy Capable of Implementation (incl Leadership) • Transparency & Access to Information • Awareness/Buy-in • Measurement/Monitoring • Resources

  15. RATIONALISATION TREE • Is there an opportunity? • Will I be seen? • Will I be reported? • Will I be investigated and prosecuted? • Is there possibility of severe punishment? • Will I keep the proceeds?

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