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Corruption & Anti-corruption. Iftekharuzzaman Executive Director Civil Service Academy 30 July, 2011. Part I. Corruption in Bangladesh: Measures, Causes and Impact. Bangladesh – many reasons to be proud of. Steady economic growth: 5-6% since 1990s

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Corruption & Anti-corruption


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    1. Corruption & Anti-corruption Iftekharuzzaman Executive Director Civil Service Academy 30 July, 2011

    2. Part I Corruption in Bangladesh:Measures, Causes and Impact

    3. Bangladesh – many reasons to be proud of • Steady economic growth: 5-6% since 1990s • Human Development Index (HDI): 0.365 (1980) ►► 0.547 • Multidimensional Poverty Indicator (MPI 2010): Ranked 73rd , ahead of India (74) & Nepal (82) • Pop growth: 2.5 (1980s) ►► 1.4 (2005-10) • Gross prim enrollment: 72% (1980)►► 98% • Child mortality: 239/1000 (1970) ►► 69/1000 • Maternal mortality: 322/100,000 (2001) ►► 194/100,000 • Population in poverty: 59% (1990) ►► 31% • Vibrant private and non-government sector • People have always given their choice for democracy and integrity All these - inspite of well-known governance failures and pervasive corruption. (e.g., 77% of people outside the benefit of GDP growth - BBS)

    4. CORRUPTION • A global problem • Abuse of power for private gain - power in the government & outside; economic, political, social Types of Corruption – by process • Coercive corruption • Collusive corruption Types of Corruption - by size/volume • Grand corruption • Petty corruption Types of Corruption - by key actor • Political Corruption • Public Sector Corruption • Private Sector Corruption • Intellectual Corruption Institutionalized/Systemic Corruption

    5. Sumon Wahed/Age 20Remember how to spell “honesty”?

    6. Measuring Corruption Transparency International Tools • Global Corruption Report – Annual research report by international and country experts on a selected theme, e.g., Climate Change (2011) Environment (2010), Private Sector (2009) Water (2008), Judiciary (2007) • Bribe Payers Index – Measure of bribe-paying by foreign firms in countries of destination • Global Corruption Barometer - survey of public attitudes toward and experience of corruption • Corruption Perceptions Index – international ranking (score) based on Survey of Surveys on perceptions of business, business analysts, investors, investment analysts and country specialists on political and administrative corruption.

    7. GCB-2010: Highlights • Opinion & experience survey on people’s perceptions & experience of corruption • How respondents rate their government in the fight against corruption. • People’s experiences with bribery when interacting with different public services & reasons to pay bribes. • Changes in corruption levels in the past 3 years, as perceived by the general public (where applicable). • Whom does the public trust the most to fight corruption in their country. • People’s attitudes towards fight against corruption and taking anti-corruption stance

    8. Source: TI, Global Corruption Barometer 2010

    9. Corruption Perceptions Index • Ranking of countries by the degree to which corruption is perceived to exist among politicians and public officials • CPI - a Composite index, poll of polls, on corruption-related data from 10-15 surveys by independent and reputable institutions. • CPI reflects views from around the world, including those of experts who are living in the country and outside on corruption and the capacity of the government to control it. • TI Secretariat, Berlin, conducts the research based on raw data from international surveys – international group of experts • TI-Bangladesh and/or any other TI Chapter has no role in CPI

    10. Results CPI 2010 – the top & the bottom Countries where corruption is perceived to be lowest Countries where corruption is perceived to be highest

    11. Corruption Perception Index (CPI) Bangladesh's score from 2001 to 2010 (in a scale of 0-10) Source: Transparency International, www.transparency.org

    12. CPI: Performance of South Asian Countries 2009-2010 (n-th out of 178 countries)

    13. TIB Tools of Measuring Corruption • National Household Survey on Corruption (in the service sector - experience-based not perception or opinion) • Diagnostic Studies • National Integrity System Monitoring – Parliament Watch • Citizens Report Cards • Corruption Database • Issue-based studies – UNCAC, Ombudsman, RTI, Humanitarian Assistance, Human Security, Water Integrity, Political Funding

    14. Percentage of households who experienced corruption* 47.7 Judicial Services 88.0 96.6 Law enforcement Agencies 79.7 52.7 Land Administration 71.2 25.9 Income Tax, VAT & Customs 51.3 33.2 Electricity 45.9 Agriculture 45.3 Local Government 43.9 44.1 Health ^ 33.2 Insurance 19.2 28.7 2010 2007 Banking 17.5 39.2 Education 15.3 13.5 NGO 10.1 35.5 Others 34.1 66.7 Overall 84.2 % of HHs 0 10 20 30 40 50 60 70 80 90 100 é  é  é  é  é   é  é é  é  é  é  Source: TIB: National Household Survey 2007, 2010 *Bribery plus other forms of harassment

    15. Judicial Services 7918 Income tax, VAT & Customs 6734 Land Administration ~ 6116 Insurance 3949 Law enforcement agencies 3352 Banking 1928 Electricity 1834 Local Government 913 NGO 549 Health ^ 463 Agriculture 310 Education 168 Others 6804 Overall 4834 TK 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 Average rates of bribe in Taka collected per service recipient TIB: National Household Survey, 2007-2010

    16. In substance Corruption has a bias against the Poor Key challenge against development, democracy and rule of law - more than CPI ranking Opportunity Cost: @ 2-3 percent higher GDP growth Key institutions of democracy (NIS) rendered ineffective – justice and rule of law jeopardized The poor are most adversely affected access to public services like education, health, justice, utilities and individual safety became a function of the capacity to make unauthorized payments.

    17. National estimate of bribery* Per household National **1.4% of GDP, 8.4% of national budget 2009-10 * Petty corruption only, at the service delivery end in selected sectors TIB: National Household Survey, 2007-2010

    18. Corruption – bias against poor Ratio of Household Income lost to Bribery 4.11 4.5 3.20 3.12 4 3.5 3 2.50 2.5 2 1.5 1 0.5 0 Low Income Middle Income High Income Total (<72,000) (72,000-140,000) (140,000+) Income category by annual income in Taka (Bribery in Education, health, land administration, police, justice, income tax) Source: TIB National Household Survey 2010

    19. Causes of corruption Structural/Institutional factors • Range of discretion - absence of checks & balances • Inadequate and ineffective rules, laws and institutions • Lack of, or low level of, transparency, disclosure, accountability Personal factors • Incentives, Compulsion, Opportunities Need-based, ►► Greed-based • Cost-benefit calculation - Benefits of corruption higher than risks/costs • Low citizens awareness, involvement • Sense of Disempowerment • Lack of forum & channel • Value erosion ►►way of life ►►culture of impunity Political Economy • Investment ►Gresham’s Law; Confrontation ►►Zero-sum Game

    20. Percentage of working days (0-80%) (74%) (60%) (43%) (34%) 9th Parliament (Sessions 1-7) 5th Parliament 6th Parliament 8th Parliament Zero-sum game: Boycott of Parliament by the Opposition Party

    21. Battle for political space …

    22. Battle for political space …

    23. Political economy … “Its our turn” …

    24. Political economy Enforcement deficit - Flouting regulations

    25. Political economy Enforcement deficit - Logging freestyle

    26. Political economy

    27. Development expenditures: Who gets what?

    28. Part II Combating Corruption: A strategic & multidimensional approach

    29. FIGHTING CORRUPTION • Highly challenging because of links of corruption with power. • Complete eradication of corruption is not realistic, nor can corruption be controlled in short term by any magic formula. • Needed a comprehensive strategy having 4 main inter-related elements: • Political will – without fear or favour • Making corruption punishable • Strengthening the institutions of NIS • Citizens awareness and demand – Ethical infrastructure

    30. Anti-corruption infrastructure Sustainable Development Poverty Reduction Rule of Law N a t i o n a l I n t e g r i t y S y s t e m Legislature Executive Judiciary Auditor General Election Com. Public Service Watchdogs Bodies Media Civil Society Private Sector Intern’l Coop - UNCAC Citizens Voice and Demand ►Political Will Core Moral and Ethical Values – Honesty, integrity, Patriotism, Equality, Caring and Sharing …

    31. Does it work – National level • Demand creation backed by credible research – corruption at the core of public discourse and political agenda, election manifesto • Institutional & policy reforms • Anti-Corruption Commission • Election Commission & Electoral law reform • Public Service reform • UNCAC • Right to Information Act • Whistleblower Protection Act • NGO Governance • Anti-Corruption education • MP Code of Conduct/Conflict of Interest (proposed) • Integrity Pact (proposed)

    32. Does it work – local levelSocial accountability tools at work • CRC – Citizens Report Card/Score Card • Advice & Information Service (RTI) • Street Theatre • Citizens Charter • Participatory Budget • Budget tracking • FtP – Face the Public • Island of Integrity ►Integrity Pledges

    33. The young generation - We can do it for sure …

    34. Location of CCC-YES CCC-YES India Nalitabari Muktagasa Madhupur Sreemongal India India Patia Chakariaia Myanmar Savar DMCH Bay of Bengal

    35. Part III The UN Convention against Corruption: State of Enforcement

    36. UNCAC in brief • Name: The UN Convention against Corruption (UNCAC) • Adopted: 31 October 2003 by the UNGA • Opened for signature:9 December 2003 • Signatories:140 • State Parties: 154 (May 2011) • Entry into force: 14 December 2005 • Bangladesh Acceded:27 February 2007 • Notable non-ratifiers:Japan, Germany, New Zealand, Ireland, Saudi Arabia, Bhutan Source: www.unodc.org

    37. A Global Convention

    38. Bangladesh in UNCAC • TIB commenced advocacy on UNCAC on 9 December 2004 • After over 2 years of campaign Bangladesh became a state party on 27 February 2007 • GAP Analysis (GIZ/IGS) • Implementation Plan adopted in 2009 • Significant progress made • Long way to go …

    39. UNCAC – Highlights of Implications State Parties to UNCAC are committed to: • Criminalise corruption in politics & public sector • Criminalize corruption in private sector, and even private-to-private through due judicial process • Corruption prevention through Institutional and legal reform (NIS) • International cooperation • Asset recovery • Technical support • Mutual Legal Assistance

    40. CRIMINALIZATION OF CORRUPTION Criminalize Public Sector Corruption: • Embezzlement, misappropriation of public property (Art 17) • Trading in influence (Art 18) • Abuse of functions (Art 19) • Illicit enrichment (Art 20) • Obstruction of Justice (Art 25) • Bribery (Art 15) • Offering or giving and seeking or accepting undue advantage and bribes in exercise of official duty

    41. INTEGRITY IN PUBLIC SECTOR • Transparency, competition and objectivity in Public Procurement(Art 9) • Laws, regulations, rules for integrity • Disclosure and dissemination • Integrity of officials involved in procurement • Transparency and accountability in management of Public Finance (Art 10) • Procedures and reporting on revenues and expenditures • Accounting and auditing standards and oversights • Risk management and internal control • Integrity of Financial record, books and accounts • Stringent punitive measures for lapses in financial integrity

    42. INTEGRITY IN PUBLIC SERVICE • Transparency in appointments, promotions, transfers (Art 7) • Positive and Negative Incentives (Art 8) • Salaries & benefits, performance-based rewards, punishments • Zero tolerance against abuse and bribery, internal/systemic self-control, updatable asset declaration and monitoring • Strict Code of Ethics & Conflict of Interest policy • Disclosure of sources of income, assets and liabilities • Stringent disciplinary measures for violations

    43. INSTITUTIONS, LAWS & POLICIES • Systemic/Institutional Reform for • Independence and integrity of the Judiciary to prevent corruption in judiciary and beyond • Judicial services rules of conduct (Art 11) • Criteria for candidacy, and election to, public office (Art 7) • Transparency in funding of candidates and political parties, campaigns and elections (Art 7) • Prevent Conflict of Interest (Art 7) • Integrity of other institutions of NIS, Watchdog bodies – ACC, Ombudsman (Art 6) • Right to Information (Art 9, 10, 13, 33) including whistleblower protection

    44. PRIVATE SECTOR INTEGRITY • Private Sector Corruption (Art 12, 21, 22, 23) • criminalize private-to-public and private-to-private corruption • Bribery, Embezzlement, Laundering • establish transparency of ownership • Corporate Crime/Liability (Art 26) • Enforce criminal, civil or administrative liability for companies involved in corruption. A Company, not just person acting on his/her behalf can be directly responsible for a crime

    45. Private sector integrity (Art 12, 21) • Standards & procedures for private sector integrity • Codes of conduct in business practices • Rigorous internal controls • Transparent contractual and commercial practices with the State and among businesses • Preventing violation & misuse of Rules and Procedures • Preventing conflicts of interest - restrictions on employment or professional service of former public officials in private sector relevant to areas served • Enhance accounting standards and disclosure of financial statements and records • Punishment for non-compliance

    46. Linking National with International Money Laundering (Art 23, 51) • Strengthened legal and institutional regulatory and supervisory frameworks to prevent money laundering Asset Recovery (Art 55) • Return of assets and funds with the help of the host State Parties - to ensure that there is no place for stolen riches Foreign Bribery (Art 16) Bribery of foreign officials including those of international organizations is a crime irrespective of country of origin Others Mutual Legal Assistance (Art 46), Transfer of Criminal proceedings (Art 47), Law enforcement cooperation (Art 48), Joint Investigations (Art 49), Return and disposal of Assets (57) Bilateral & Multilateral arrangements (Art 59) Training &Technical Assistance (60, 61, 62)

    47. ROLE OF CITIZENS (Art 13) State Parties are committed to: • Recognize and promote participation of citizens • in the prevention of, and the fight against, corruption • to raise public awareness regarding the existence, causes and gravity of and the threat posed by corruption leading to non-tolerance of corruption • in decision-making • Ensure effective public access to information - respect, promote and protect the freedom to seek, receive, publish and disseminate information • Promote public education programmes, including school and university curricula

    48. Parallel Review – Implementation Reviewed • Article 15: Bribery of national public officials • Article 16: Bribery of foreign public officials and officials of public international organizations • Article 17: Embezzlement, misappropriation or other diversion of property by a public official • Article 20 : Illicit enrichment • Article 23: Laundering of proceeds of crime • Article 26: Liability of legal persons • Article 29: Statute of limitations • Article 31: Freezing, seizure and confiscation • Article 32 Protection of witnesses, experts and victims • Article 33 Protection of reporting persons • Article 35: Compensation for damage • Article 40: Bank secrecy • Article 42: Jurisdiction • Article 46: Mutual legal assistance

    49. Review Process/Method • Reviewed and analysed relevant country laws, reports, articles, etc. • Collected information through interview on compliances, gaps and deficiencies, challenges and successes • Information collected from government bodies was cross-checked with legal experts Sources of information • Government Bodies: Ministry of Law, Justice and Parliamentary Affairs, Ministry of Foreign Affairs, Bangladesh Bank • Anti-corruption Commission • Legal Experts • Relevant website and other media

    50. Notable inadequacies/concerns • Political will not enforced without fear or favour • Partisan consideration in anti-corruption agenda • Initiative to amend the Anti-Corruption Act • Corruption cases void on technical/political grounds • Much to be desired from the justice system • Public service, Police, Justice system subjected to partisan political influence • Amendment to Public Procurement Act & the like • Insufficient knowledge & awareness about UNCAC • Low level of coordination & monitoring of implementation, low capacity of focal point • Shrinking space for critical/dissenting voice