This text of this chapter is from the publication Governance
Innovations: Lessons from Experience, Building Government-Citizen-Business
Partnerships. It is reprinted with the written permission of the publisher,
the Institute On Governance (IOG). For information on this book, contact
the IOG at 613 562-0090.
- What is Corruption?
- How
Serious is the Problem of Corruption?
- The
Role of Partnerships in Addressing Corruption
- Thailand
- University Research
- Hong
Kong Independent Commission Against Corruption
- Malaysia
- Anti-Corruption Agency
- La
Paz - Corruption at the Local Level
- Approaches That Work
- Vulnerability
Assessments
- The Partnership Model
- Conclusion
- Bibliography
- Endnotes
Corruption is not primarily a problem of bad people but of bad systems.
And these systems can be fixed. A critical element in combatting corruption
is to address underlying incentives. This chapter focuses primarily on
how partnerships or coalitions among state, society and the private sector
can help to control corruption.' It presents case studies from four different
jurisdictions - Hong Kong, Bolivia, Thailand and Malaysia - to illustrate
strategies for combatting corruption, highlighting the benefits, pitfalls
and obstacles encountered.
What is Corruption?
Corruption is the misuse of office for personal gain. The term covers
a range of activities from the mundane to the exotic, including species
of bribery, extortion, influence peddling, nepotism, kickbacks, speed
money, collusion and more. Corruption is a sin not only of government
but of the private sector as well; indeed, most public sector corruption
includes the private sector.
The case studies show a wide range of kinds of corruption. In Hong Kong,
the problems included "syndicated"2 police corruption,
bribes of officials in those government departments most in contact with
the public and the extensive use of secret commissions (bribes) in the
private sector. In Bolivia, the procurement process for city goods and
services was rife with collusion and kickbacks, bribery was the norm before
permits and licences was rife with collusion and kickbacks, bribery was
the norm before permits and licences could be issued, and property taxes
were being misappropriated. In Thailand, kickbacks, commissions and money
politics (individuals buying their way into political office or financing
politicians) are rampant. In Malaysia, there is considerable potential
for increased bribery of public officials by the private sector in the
many large, government-financed infrastructure projects now under way.
Some say that the concept of corruption is value laden and culture bound,
smacking of neo-imperialism. Superficially, this might have some truth,
but not where the basics are concerned. Bribery is illegal in all countries.
People everywhere know the difference between a bribe and a gift. No religion
endorses bribery. Indeed, the case studies and papers which form the back-round
for this chapter address at least four separate cultural and religious
traditions - Islamic Malaysia, Catholic Bolivia, Buddhist Thailand and
the combination of Taoist, Christian and Buddhist influences in Hong Kong.
How Serious is the
Problem of Corruption?
While it is true that corruption is everywhere, it is not everywhere
equally serious. It is important to distinguish among types and degrees.
Consider the analogy of disease: the Chairman of the Chinese Communist
Party called corruption a disease; the Prime Minister of Malaysia called
it a cancer. Every country has diseases, and diseases have been present
throughout history. But the type and extent of diseases vary across countries
and over time. So, too, for corruption which must be addressed just as
public health does. It is inconceivable that someone would say "Disease
is in every country and it has always existed; therefore, we should do
away with public health programs." Yet people do suggest that some
types of corruption be left to take their toll.
Some forms of corruption are relatively mild, like a cold, but others
affect the very fabric of a society (as does a disease such as AIDS).
Systemic corruption of the police is more serious than bribery in the
issuing of driving licences. Widespread corruption which distorts the
rules of the game relating to property rights, financial and banking systems,
and justice can cripple development. This kind of systemic corruption
can dramatically reduce growth and increase income disparities as is the
case in several states in Africa and the former Soviet Union.
The Role
of Partnerships in Addressing Corruption
Partnership may be defined as "a shared commitment to tackle development
problems on the basis of an agreed division of tasks and responsibilities.
Partnerships usually form around common goals, with the partners undertaking
one or more activities toward that goal, either jointly or in tandem.
Partnerships can be either temporary or of longer duration depending on
the goal to be achieved.
There is a long tradition in Asia of forming common fronts and partnerships
to achieve mutually shared goals. This tradition of partnership has been
manifest in a wide variety of consultative committees at all stages of
policy making and implementation in the Hong Kong civil service, in government
and private sector co-operation as a foundation for outstanding economic
growth in countries such as Korea, and more recently, in links between
NGOs and the media in Thailand as a means of strengthening their advocacy
role.
Much of the literature stresses the goal of equality in partnerships
as a means of increasing their effectiveness. But when participants differ
greatly in power and resources, such as in a coalition between government
and civil society associations, equal partnership is an elusive goal.
More frequently, these relationships are simply working alliances with
a degree of reciprocity.
In whatever form partnerships occur, they are all means of building social
capital which Fowler4 defines as the trusted reciprocal relationships
between citizens and their associations at all levels of politics and
economy. Social capital is increasingly being recognized as critical to
the social fabric underpinning economic and social growth. Without the
trust social capital implies, many aspects of society do not work, from
community organizations to systems of credit.
Although there are many different kinds of partnerships, most involve
some degree of power sharing and mutual accountability. The trust and
mutual respect required for such elements take time to establish. Relationships
may progress along a continuum over time where the level of co-operation
with stakeholders increases en route to what might be termed a full partnership
with shared power and responsibility.
Considerable thought has been given to what the ideal partnership or
"development alliance" would include. Thus, Kamal Malhotra in
his 1996 paper for the International Development Research Centre suggests
some minimal ingredients for effective partnerships between Northern and
Southern NGOs:
-
a common vision and set of objectives;
-
adequate time to build a relationship which then extends over a long
period of time;
-
mutual transparency and accountability;
-
willingness and ability on the part of both sides in the relationship
to be constructively
-
critical of each other, within an overall framework of support and
solidarity; and
-
organization-to-organization relationships and exposure rather than
relationships dependent merely on rapport between individuals.
This chapter examines the relevance of these factors to relationships
between sometimes powerful government authorities trying to control corruption
and their often (but not necessarily) weaker partners in civil society
and the private sector.
It should be noted that, in most of the cases reviewed here, there is
no explicit partnership agreement per se but more often a situation where
both sides recognize potential benefits from a relationship and are prepared
to work together to achieve them. Working together involves a range of
activities from the most limited forms of participation such as surveying
stakeholders (see the Thai case) to long-standing and formalized relationships
such as in Hong Kong. In the conclusion, we look at the extent to which
these activities also represent a continuum.
Thailand - University Research
The Faculty of Economics at Chulalongkorn University in Bangkok is undertaking
extensive research on corruption including documenting its historical
roots, assessing the levels of corruption and reviewing the legal framework.
The university has used focus groups and questionnaires to assess people's
definition of corruption, their attitudes toward it and their opinions
about reform. Although the public is generally very concerned about corruption,
this concern varies significantly depending on the type of activity. For
example, commissions to military officers on arms purchases were considered
by most of the 2,243 people questioned in one survey as corruption, but
only seven percent considered nepotism - for instance, promoting someone
because he or she is a relative - as a corrupt practice.
The media gave broad coverage to the results of the university's research
including estimates of benefits to civil servants (based on interviews
with members of Parliament) of at least four percent of the total government
budget. The incensed public protested against corruption and called for
greater accountability on the part of politicians and public servants.
The media have also given much attention to a more recent university study
on illegal activities, resulting in public demands for greater accountability
from the police.
Corruption is now in the forefront of political debate in Thailand.
Hong Kong
Independent Commission Against Corruption
In the 1960s and 1970s, corruption in Hong Kong was widespread, highly
organized and deeply rooted. Although the police themselves were engaged
in abetting (for a price) prostitution, gambling and drug dealing as well
as in "fixing" traffic violations, the force had also always
been responsible for fighting corruption and guarded that role vigorously.
The chief of police had long argued effectively that removing the responsibility
for corruption from the mandate of the police would undermine their credibility.
But public disaffection was high and came to a boiling point in 1973 after
the mysterious disappearance of a senior European police officer under
investigation for corruption. The resulting commission of inquiry stopped
short of recommending that anti-corruption activities be taken out of
the hands of the police but it did list comprehensively the advantages
and disadvantages of doing so.
Legislation passed in 1974 subsequent to the inquiry provided for the
establishment of one body to address corruption, the Independent Commission
against Corruption (ICAC) of Hong Kong answerable to the Governor. The
legislation spelled out a three-pronged strategy against corruption: investigate,
prevent, and educate and enlist support. The objectives defined were,
and remain, to raise the risk of being caught, to restructure government
systems to reduce the opportunities for corruption and to change people's
attitudes about it.
The ICAC has established five advisory committees to help define operational
strategies and institutionalize its activities. These committees include
one for policy, three for specific functions -prevention, operations review
and community relations which correspond to departments within the ICAC
-and one to deal with complaints against the ICAC and its officers. Their
members include senior members of Hong Kong's legislature, representatives
of the commercial, trading and social service sectors, as well as grassroots
representatives. The chief of police and his representatives sit on two
of the committees. The committees meet regularly (one meets monthly) for
half a day to review reports on their respective areas and provide community
and expert advice on priorities for action. The contribution of volunteer
time is significant, and members obviously expect that their views will
have an impact on the decisions taken by the ICAC. Although the ICAC is
not obliged by law to accept the advice of any committee, it usually does.5 Today, the ICAC is widely seen as one of the most effective anti-corruption
agencies in the world.
Malaysia - Anti-Corruption
Agency
Malaysia's fight against corruption dates back to 1959 with the establishment
of two bodies to deal with crime and corruption. In 1967, they were amalgamated
into a new department called the Anti-Corruption Agency (ACA). This agency
went through several metamorphoses, to find itself in the 1980s under
the Prime Minister's department for administrative, manpower and budget
purposes but headed by a director-general appointed by the King. It remains
there today.
The original strategy of the Malaysian ACA was to focus on the private
sector, but this emphasis changed over the years, partly as a result of
citizen feedback suggesting that corruption in the public sector was of
greater concern. Since the late 1980s, prevention measures to combat corruption
have intensified, with emphasis on public education and the inculcation
of good moral values among members of the public and public servants.
Departments which are the object of many complaints are designated as
"critical" for immediate anti-corruption campaigns. In the future,
the ACA expects to concentrate on setting up Ethics, Quality and Productivity
committees in all government departments as well as in corporations, on
addressing corruption in the private sector, on developing more effective
laws of confiscation and seizure, and on mobilizing the media.
La Paz - Corruption
at the Local Level
When Ronald MacLean-Abaroa first became mayor of La Paz, Bolivia in 1985,
he found a city in disarray. La Paz was on the verge of financial collapse
with the monthly city payroll exceeding revenues by 20 percent. At the
same time, the top salary was only $100 per month. Corruption was rampant
- in the police, in public works, in procurement and in the issuance of
licences and permits.
One of his first acts was to work with municipal officials in workshops
and other sessions to help pinpoint corrupt practices. The diagnosis went
through several steps. First was a case study of a successful anti-corruption
campaign in another country which they could analyze coolly and without
personal involvement. The second was the use of analytical frameworks
to help participants address corruption. The final step was self-diagnosis
and self-prescription.
MacLean-Abaroa made incredible progress in addressing the problems of
La Paz. Over the course of his five years in office, he reduced corruption,
increased investments, enlisted the support of foreign donors to increase
the salaries of employees, redefined the role of the city government and
laid off surplus workers, thereby reducing the work force by 40 percent.
Revenues increased by a factor of 10.
Unfortunately, MacLean-Abaroa's successors were less enlightened than
he. They distorted basically sound policies and procedures for their own
ends and by, 1995, corruption had resumed to levels approaching those
of the pre-1985 period. Although MacLean-Abaroa had skilfully blended
his activities in La Paz with the national government's policies of liberalization
and had worked with the President (even though they represented opposing
parties), the national government did not intervene when the two mayors
who succeeded MacLean-Abaroa dismantled some anti-corruption systems,
misused others and undermined effective administration via nepotism and
political appointments. The system of checks and balances through civic
organizations was also weak. Some of the organizations enlisted to help
implement reforms were not fulfilling their roles. For example, the members
of the College of Architects, the private sector organization given the
responsibility for granting building permits, were eager to collect the
fees for permits but not eager to apply sanctions against corrupt inspectors.
MacLean-Abaroa was re-elected mayor in 1996 and started the reform process
anew. With the backing of a new law on public participation, he turned
the responsibility for identifying the priorities for municipal works
over to neighbourhood associations. He also encouraged newly established
vigilance committees to oversee general city activities as well as the
various public works projects. His work was thwarted when a group of city
councillors used a new legal provision for review of the mayor's term
in office after one year to oust him from office. The review process was
carried out secretly, without public participation and in great haste
(the vote took four minutes). The elected mayor was replaced by one of
the councillors who could be subject to the same non-transparent and discretionary
procedure after another year in office.
Approaches That Work
The literature on successful approaches in other cases of corruption
control often divides the battle into three stages: diagnosis, development
of appropriate strategies and implementation. The following section analyzes
the four cases cited above in relation to each of these stages, paying
particular attention to new insights on how the range of activities leading
up to and including full partnerships has facilitated the control of corruption.
The focus is on practical approaches to designing and implementing anti-corruption
policies.
1. Diagnosis
The first step in addressing corruption is to understand the nature of
the problem and to define its levels and extent, recognizing that the
diagnosis of corruption that applies today may not apply tomorrow as the
disease mutates and takes on different forms. The initial diagnosis must
be monitored regularly. This enables treatment to keep up with changes
in the course of the disease.
Robert Klitgaard, Ronald MacLean-Abaroa and H. Lindsey Parris6 suggest three methods of diagnosis:
-
workshops with those involved in corrupt systems;
-
systematic anonymous surveys of employees and clients; and
-
special studies including vulnerability assessments.
In La Paz, the mayor was able through workshops to draw on the knowledge
and expertise of civic employees to identify systemic problems, even where
their intimate familiarity of practices was incriminating. (This points
out the schizophrenic nature of corruption - although people may engage
in it, they also suffer moral qualms.) The organizing principle of the
workshops was a therapeutic approach to a sick institution whereby corruption
is demystified.8 Participants were encouraged to analyze problems
in a cool and dispassionate manner. A similar moral conscience may have
been tapped when the Thai university researchers surveyed parliamentarians
about corruption, although many of these politicians are far from honest
themselves.
The anti-corruption agencies in both Hong Kong and Malaysia use a number
of methods to seek input from clients. The ACA encourages the public to
report crimes by distributing printed materials such as calendars, executive
planners and stationery with anti-corruption messages and telephone numbers
to contact the ACA. The Agency also distributes aerograms for people to
use to inform the ACA. In both Malaysia and Hong Kong, citizens can report
on corrupt practices through 24-hour-a-day hot lines. (In Hong Kong, citizens
use these lines to express their views on a wide range of issues.) Information
coming in through these channels reflects the issues the populace sees
as most critical and helps to define the priorities of the agencies. The
ICAC also does an annual survey of the public's perception of its activities.
Repeated consultations with the public coupled with government implementation
of suggestions has created the trust essential for long-lasting government/public
coalition against corruption. The ACA helps other government departments
and the corporate sector to establish Ethics, Quality and Productivity
committees which act as internal watchdogs to monitor government employees
for corrupt activities.
Several of the cases reviewed used special studies to identify corrupt
practices. In Hong Kong, for example, the ICAC works with other government
ministries to carry out vulnerability assessments of their activities
and implement the recommendations coming out of them. See the box below
for an example of a vulnerability assessment.
Where is the potential for corruption in an organization? To find
out, many policy makers are taking advantage of a tool known as
a vulnerability assessment.
Assessors first divide the organization into functional programs
or activities. Then for each activity, assessors look at three broad
issues:
- the general control environment;
- the inherent risk of corruption; and
- the adequacy of existing safeguards.
The U.S. government suggests that these questions be addressed.
A. Is the general control environment permissive of corruption?
1. To what degree is management committed to a strong system of
internal control?
2. Are appropriate reporting relationships in place among the organizational
units?
3. To what degree is the organization staffed by people of competence
and integrity?
4. Is authority properly delegated - and limited?
5. Are policies and procedures clear to employees?
6. Are budgeting and reporting procedures well specified and effectively
implemented?
7. Are financial and management controls - including any use of
computers - well established and safeguarded?
B. To what extent does the activity carry the inherent risk of
corruption?
1. To what extent is the program vague or complex in its aims;
heavily involved with third-party beneficiaries; dealing in cash;
or in the business of approving applications, licences, permits
or certifications? (The more there are of any of these, the greater
the risk of corruption.)
2. What is the size of the budget? (The bigger the budget, the
greater the loss if corruption exists.)
3. How large is the financial impact outside the agency? (The greater
the "rents," the greater the incentive for corruption.)
4. Is the program new? Is it working under a tight time constraint
or imminent expiration date? (If so, corruption is more likely.)
5. Is the level of centralization appropriate for the activity?
6. Has there been prior evidence of illicit activities here?
C. After a preliminary evaluation, to what extent do existing safeguards
and controls seem adequate to control corruption?
Assessors use readily available information such as documents about
policies and procedures, interviews and observations of the program
in action.
After a vulnerability assessment, the policy maker considers further
study of the most vulnerable areas; one possibility is a detailed
analysis of procedures and controls. A vulnerability assessment
may take days or weeks, while the detailed further study may take
months.
Only at the end of this process are remedial steps recommended. |
Adapted from Office of Management and Budget, Internal
Control Guidelines, Washington, DC: OMB, December 1982, Chapter 4. |
2. Development of Appropriate Strategies
After assessing the kinds and extent of corruption as well as the actors
involved, the next task is to define an appropriate strategy or treatment.
Corruption is a crime of calculation, not passion, when an individual
makes calculated decisions about projected costs of, and benefits from,
potential activities. People tend to engage in corruption when the risks
are low, the penalties mild and the rewards great. Corruption is most
common when someone has monopoly power over goods or a service, has the
discretion to decide who receives how much of it, and is not accountable
for the decisions. Thus corruption equals monopoly plus discretion minus
accountability (C = M + D - A).
Klitgaard et al. suggest five broad policy measures to be included in
a strategy to address corruption:
-
selecting employees;
-
setting rewards and penalties;
-
obtaining information about results and linking rewards and penalties
to them;
-
restructuring the relationships among organizations, their employees
and their clients to reduce monopoly power, circumscribe discretion
and enhance accountability; and
-
raising the "moral costs" of corruption.
Corrupt situations have winners and losers. As well, there is a kind
of interdependency. If bribe payers see themselves as losing as a result
of corruption, they are potential partners in a fight against dishonesty.
On the other hand, if bribery makes both the payer and the recipient better
off than they would be in an honest world, they are unlikely partners
in the fight against corruption, and outside controls may be the only
solution. This interdependency was important in some of the cases studies.
In Hong Kong, for example, staff selected to work in the ICAC are highly
qualified and well paid (marginally more than the civil service salary
scale). They are thoroughly screened before being hired and monitored
once on the job. In addition, the Commissioner has the right to dismiss
summarily any one whose integrity is in question. The partnership is quite
explicit: management treats employees well if they abide by a defined
code of conduct.
Setting up communication channels with various groups has been important
in collecting information about efforts and results. The hot lines, surveys
and vulnerability studies mentioned earlier all served this purpose. In
Hong Kong, the diverse membership of the five advisory committees provides
information on attitudes among the general public as well as business
and professional associations.
All the cases studied recognized the importance of restructuring systems
to reduce monopoly and discretion and increase accountability. The partners
involved in developing strategies to reverse these factors, however, varied
tremendously. In La Paz, the mayor worked with his municipal employees
to develop three approaches for addressing monopoly power: the assignment
of revenue collection to banks and away from city officials, the redefinition
of the role of the city in construction from undertaking major projects
to carrying out only emergency repairs and supervising new works, and
increasing competition in bidding. The employees working with the mayor
also suggested reducing discretion through increasing the transparency
of services, primarily through producing and posting in government offices
one-page explanations of all processes undertaken.
In Malaysia, the ACA works with the various Ethics, Quality and Productivity
committees to identify procedural loopholes that could be abused by staff.
In addition, the ACA works with the Manpower Administration and Planning
Unit, a separate agency, to look into systemic and procedural weaknesses
that may provide opportunities for corruption in government and private
sector organizations. In Hong Kong, the ICAC and client departments work
together to do methodical examinations of all government systems on a
periodic basis. Addressing systemic loopholes does not mean creating more
rules and regulations. In fact, adding layers of oversight and rules may
be counterproductive and create the opportunity for more corruption and
for more inefficiencies. Many failed anti-corruption activities have taken
a rules-oriented approach, as for example, in New York City.
The two anti-corruption agencies -ICAC and ACA - actively seek public
support for their anti-corruption activities through raising the "moral
costs" of corruption. They sponsor television ads which emphasize
the costs to an individual's reputation and to his or her family of being
accused and convicted of corrupt activities. The ACA uses the Ethics,
Quality and Productivity committees mentioned above to promote high moral
values and good work ethics among civil servants. Desirable behaviour
is further reinforced by an employeerating system which allots 10 percent
of total points to the honesty and integrity of the individual.
3. Implementation
The final step in the battle to control corruption is to develop an implementation
strategy and carry through with it. Klitgaard9 suggests several
steps in an order that is probably appropriate to most situations:
-
organize the government's efforts: co-ordination and a focal point;
-
"pick low hanging fruit": choose a problem that is relatively
easy to fix first;
-
align with favourable forces (national, international, private sector,
NGO);
-
break the culture of impunity by "frying big fish";
-
raise the profile of the anti-corruption effort through publicity;
-
do something good for government officials before seeming to attack
them;
-
strengthen institutional capacity not only through "supply-side
measures" (more training, more experts, more computers) but especially
through changing systems of information and incentives; and consider
how an anti-corruption campaign can galvanize broader and deeper changes
-
in government (such as client consultation, pay-for-performance, privatization
with high-quality regulation).
The most successful anti-corruption efforts among our case studies were
those of the ICAC, an organization with a clear mandate and the necessary
support and resources to carry it out. Commitment at the highest levels
is critical to this. Such commitment has existed in Hong Kong since the
1970s and has undoubtedly contributed to the ICAC's success.
Besides having a well-defined role, the ICAC has successfully built coalitions
with a variety of favourable forces. Its strong resource base, for example,
reflects its close working relationships with the administration and with
legislators, particularly those serving on budget committees: about $US
70 million compared to ACA funding of about $17 million. It also has the
judiciary as an independent and fair-minded ally. Unless judges uphold
the laws against corruption, the guilty may escape unpunished. This happened
in Thailand when the presiding judge acquitted a case that the attorney
general had pursued in defiance of the police. To avoid such possibilities,
judges in Hong Kong are given the opportunity of attending familiarization
briefings on anti-corruption activities.
In addition, the ICAC works with jurists and legal professionals to lobby
for the necessary powers to carry out its mandate (including the right
of access to bank and tax records, the right to tap telephone lines and
the right to lay criminal charges against civil servants with unexplained
wealth) with adequate penalties for those convicted. This is in contrast
to Malaysia where penalties are often so light that they may not provide
adequate deterrents. (About 85 percent of those convicted receive prison
terms of less than six months, and half receive only one day's sentence.)
But legislation must also provide for a fair and transparent process,
which has not been the case in La Paz. There, the electoral process has
been replaced by an oligarchy with ultimate discretion and little, if
any, accountability.
In Hong Kong, the leading chambers of commerce have joined with the ICAC
in a campaign to promote business ethics, a co-operative effort that has
taken several years to develop. Previously, the private sector, and particularly
the Chinese business community, opposed what was seen as unwarranted interference
by the Commission into their activities, making fun of the initials ICAC
as standing for "Interference with Chinese Ancient Customs".
As of 1988, however, 50 percent of the complaints received by the Commission
involved corruption in the private sector. Business people also began
to appreciate that corruption was eating into their profits. In return
for support, the ICAC provides the private sector with free confidential
advice on dealing with corruption problems and includes representatives
of the business sector on some of its advisory committees.
Finally, the ICAC works hard to maintain the support of the public. It
gives priority in its operations to issues which citizens have identified
through the hot lines as important and has greatly increased its openness
to public scrutiny over the last few years, through such activities as
the 1995 participation of the Commissioner in an open forum.10 The pay-off is 98 percent support for the Commission's work in annual
public surveys.
Maintaining public support is partially dependent on ensuring visible
short-term successes or "picking low hanging fruit." This can
be achieved through taking on some relatively easy tasks such as simplifying
systems that affect large numbers of the public, as was done in La Paz
where the number of steps in the licensing system was reduced and fees
waived.
Yet another factor in maintaining public support is catching some high-profile,
corrupt individuals ("frying big fish"). This helps to break
the culture of invulnerability to prosecution characteristic of many societies
where corruption is rife. In Hong Kong, shortly after its establishment,
the ICAC extradited the former superintendent of police (whose escape
to England had incited student demonstrations) to stand trial on corruption
charges. He was subsequently convicted and sentenced to imprisonment.
Over a three-year period, a further 260 police officers were arrested
on corruption charges. In the 1990s, the ICAC has prosecuted several leading
members of the community including the chairman of the stock exchange
for accepting bribes, the deputy director of public prosecutions for selling
prosecution cases and a legislative councillor for bribing electoral voters.
The Malaysian agency has investigated ministers, charged a footballer
with rigging a match and had bank managers convicted for taking a personal
percentage for approving bank loans.11 In La Paz, the biggest
fish was the city cashier who owned several expensive cars and offered
loans to other municipal officials at "competitive" rates.
The case studies show how the media can play a critical role in the battle
against corruption. The ICAC in Hong Kong has long provided information
to the media while the media cover issues of interest to the Commission.
More recently, the ICAC has also worked with a television company to produce
a popular prime-time serial documentary drama on fighting corruption.
In Malaysia, ACA officials participate in talk shows on radio and television,
and the Agency has produced several television dramas in co-operation
with Radio Television Malaysia. These dramas have been aired frequently
and are well received by the public.
Since corruption thrives on ignorance, another mechanism for raising
the profile of anti-corruption efforts is the use of education and information
campaigns to encourage higher ethical standards among citizens. It is
through such programs that both the ICAC and the ACA try to narrow the
gap between the perceptions of the public and the definition of corruption
embodied in the law and thus encourage the public to support anti-corruption
efforts. In Hong Kong, ICAC officials give public speeches and teach courses
in schools, at the university and to the police. Programs are targeted
at different segments of the population including teachers, students and
lawyers. In Malaysia, ACA officials work with the communication officers
of other government departments to mount education campaigns. The Agency
has also convinced the National Administrative Training Institute to include
courses on corruption in its curriculum for government officials. Finally,
the ACA runs ethics campaigns in schools.
A society may not consider certain activities corrupt if there are strong
historical or even economic conditions supporting the behaviour. In countries
where the social support network is virtually non-existent, it may be
accepted practice for public officials to profit from office in order
to provide for themselves and their extended families. Efforts to control
corruption in these societies must include programs to change values and
perceptions. Fortunately, there is ample evidence that perceptions and
values are not static and can change over time, as they did within the
private sector in Hong Kong.
Building a civic culture which values accountability and transparency
in government requires approaches geared to the cultural milieu of the
country and which take into account the history of governance. In our
case studies, the different countries developed education and information
campaigns based on their cultural and religious values: an emphasis on
Islamic values in Malaysia, on winning the hearts and minds of the public
in Hong Kong and on Buddhist values in Thailand. The lack of civic education
in La Paz may have contributed to the low demand for accountability and
the consequent non-sustainability of MacLean-Abaroa's reforms, although
it must also be recognized that it takes many years to build this kind
of civic culture. (MacLean-Abaroa was the first democratically elected
mayor of the city; his predecessors had been appointed.)
On the other hand, it is difficult to determine the causality between
education on ethics and controlling corruption. Further research, perhaps
in the form of public surveys, would be required to determine to what
extent the success of anti-corruption efforts in Hong Kong and Malaysia
has been a function of the systemic changes implemented to reduce financial
loss as opposed to moral education programs.
Not only is it important to ensure that the public supports the controlling
of corruption, it is also important to gain the support of staff. In La
Paz, the mayor did this by raising salaries, bringing them up to private
sector levels within three years of taking office. He also ensured that
training opportunities were dramatically increased.
Incentives such as these must be institutionalized to ensure they last.
Thus, in La Paz, a new Institute for Municipal Training was established.
To help keep employees honest, a new auditing system was designed, though
unfortunately never fully implemented. In Hong Kong, there is an extensive
system of auditors and specialized investigative staff.
Wei12 points out that the degree of corruption in a country
tends to correlate to other dimensions of government quality, such as
the extent of bureaucracy and red tape, or the quality of the legal system.
The La Paz case study illustrates how an anti-corruption campaign can
have much broader consequences and can help to improve general government
effectiveness. In addressing corruption, MacLean-Abaroa improved service
to the public, increased equity (through fairer tax systems) and encouraged
the merit principle in staffing. In both Malaysia and Hong Kong, anti-corruption
efforts are often combined with system improvements which lighten bureaucracy
and increase its effectiveness. In Hong Kong, the creation of advisory
committees has helped to strengthen democratic traditions by involving
citizens in the process of governance. It also represents a movement toward
greater transparency in decision making.
The Partnership Model
How do these case studies measure up against the criteria for successful
partnerships outlined at the beginning of this chapter?
-
Common vision and set of objectives: The anti-corruption efforts covered
by our cases seem to benefit from explicit partnerships where visions
and objectives are clearly spelt out and agreed, as the ICAC and its
advisory committees have done. The methods of work of these committees
are clear, and they are not random, one-shot affairs. Responsibilities
are well defined. Making partnerships more explicit is also a factor
in giving them legitimacy and making them more sustainable.
-
Adequate time: The case studies reinforce the importance of the time
necessary to build relationships. Anti-corruption activities are complex
and require persistence and commitment. Time is required to develop
awareness of civic rights and a demand for reforms among populations
which have traditionally been ruled autocratically, as in Bolivia. Happily,
persistent attention over time can bring around formerly reluctant partners,
as with the private sector in Hong Kong which only came to support the
ICAC well after its establishment.
-
Mutual transparency and accountability: In our case studies, transparency
is important to establishing the credibility of anti-corruption activities.
The ICAC has done this most successfully by opening its activities to
the inspection of community representatives through its advisory committees.
At the same time, these committees help the ICAC to keep its finger
on the pulse of the community, identify emerging issues and retain the
support of the populace. Citizen feedback provides a broad range of
views on problems and possible solutions and the risks associated with
them. Regular, systematic consultation with representatives of the public
also ensures a high degree of ownership on the part of the public.
-
Willingness and ability to be constructively critical: Our case studies
suggest that feedback between anti-corruption forces and their various
constituencies helps to make their activities more effective. The ICAC
has done this systematically through its annual surveys as well as the
1995 open forum between the Commission and the public. These consultations
supply information to redirect resources to priority activities, such
as when the ICAC refocused its education activities more on young people
- as a result of its annual survey showing a slight rise in tolerance
of corruption among this group.
-
Organization-to-organization relationships and exposure: The most
successful anti-corruption partnerships were those where pro-reform
constituencies and coalitions had a long-standing formal structure and
went beyond individual personal relationships. Examples of these are
the ICAC advisory committees and the ACA ethics committees which are
broader and more permanent than the isolated consultations of Mayor
MacLean-Abaroa's first period in office. Even today, the vigilance committees
in Bolivia are in their infancy and have not yet had sufficient experience
to take on the well-organized forces of corruption. In Thailand, there
is a also a shortage of formal organizations which can spur activities
on the anti-corruption front.
In addition to the above points, our case studies suggest four other
criteria for effective partnerships in the context of anti-corruption
activities:
-
Broad stakeholder participation: Involving as wide a gamut of stakeholders
or interested parties as possible - both those likely to be supportive
as well as those who could undermine the cause - helps to reinforce
especially the accountability side of the equation, C = M + D - A, and
promote a sense of ownership of and responsibility for actions. This
sense of ownership is critical if reforms are to outlast one particular
leader and can help protect systems from erosion when regimes change.
Inadequate participation by the population as a whole may be a factor
inhibiting greater buy-in from stakeholders. The private sector and
the public in Malaysia have, for example, been consulted less than in
Hong Kong on the identification of priority issues for action and in
La Paz, the general public was not consulted during MacLean-Abaroa's
first period in office. More input from these stakeholders might have
ensured greater accountability and helped to strengthen the checks and
balances necessary for sustainable reforms. The media can also help
to mobilize public support and reduce the acceptability of corrupt activities
in the eyes of the general public.
-
Knowledge of the context: Anti-corruption activities should be based
on a thorough understanding of the cultural norms of the country and
what is accepted behaviour or not. This helps to identify where support
can be mobilized. In countries where there is a high degree of public
and political support for fighting corruption, the focus of efforts
might be on the most critical problems and, within them, on the areas
where the costs of corruption are high and of remedial action, low.
This is the Hong Kong situation. Where political will is weak or ethics
reform activities remain especially sensitive, the focus might be on
smaller, less evocative issues in an effort to sensitize the society
to corruption as a policy issue, build public interest and stimulate
momentum in the reform process. Thailand probably falls into this category
for the moment.
-
Building checks and balances: It is important to build the capacities
of the society to resist corruption by changing the systems that were
more or less susceptible to various illicit activities. This often means
involving the civil society in building institutional checks and balances
over the. power and activities of authorities in both public and private
domains. Sustainability also requires that systemic changes be institutionalized
beyond one single anti-corruption agency or individual. Simply addressing
the symptoms of the disease as manifested in the actions of individuals
is inadequate. A real test of the effectiveness of institutionalization
will be whether the ICAC with its strongly established systems is able
to maintain its independence and professional practices over the next
few years.
-
Incentives: Appropriate incentives, both positive and negative, can
encourage employees and the public to work with anti-corruption forces.
Good behaviour deserves rewards through adequate salaries. Penalties
need to be adequate to deter misbehaviour.
Conclusion
The case studies clearly illustrate the strength to be gained from bringing
together different stakeholders into a common front and from mobilizing
social energies. In addition, they suggest a correlation between the strength
of partnerships and the anti-corruption activities they support. Where
partnerships were strongest, the anti-corruption activities were the most
effective. Hence, the ICAC depended on the support of its various stakeholders
to control corruption in Hong Kong effectively.
Earlier in this chapter, it was suggested that partnerships might fall
along a continuum from nascent to full. Indeed, the case studies reviewed
illustrate different degrees of co-operation with stakeholders and might
be characterized as follows:
-
event-led coalition as in Thailand;
-
leader-led coalition as in La Paz;
-
co-operation and collaboration between government departments as in
Malaysia; and
-
institutionalized partnerships between government and civil society
in Hong Kong.
Moving down the continuum, there is an increasing number of contacts
between partners or potential partners, from one or two events in Thailand
(the release of research results) to monthly meetings in Hong Kong. With
an explosion of contacts, the relationships become increasingly explicit,
probably with little discussion of the nature of the co-operation in the
first two cases and considerable in the latter two. (The institutionalization
of the ethics and advisory committees undoubtedly necessitated considerable
debate about roles and responsibilities.) Similarly, the degree of sharing
of power increases through the continuum, with Thailand demonstrating
the least and Hong Kong, the most: the advisory committees have considerable
influence over decisions made by the ICAC.
It would also appear that moving down the continuum requires increasing
levels of political will. In Thailand, there is little such will and few
if any activities against corruption. In La Paz, the mayor's considerable
political will was not shared by other politicians and his reforms were
short-lived the first time and may well be the second as well. In Hong
Kong, the political will is presently strong and will remain so if China's
publicly stated intentions are maintained. Malaysia would probably benefit
from a higher degree of political support to ensure more adequate resources.
Public pressure helps to create and maintain this will, as aptly demonstrated
in Hong Kong. It may eventually do so in Thailand. Conversely, in La Paz,
there did not appear to be any particular public demand once MacLean-Abaroa
had left office the first time.
The countries higher on the continuum might find it useful to involve
a greater range of stakeholders in the planning and implementation of
anti-corruption activities. In Thailand, this might include the private
sector, the judiciary and professional groups such as lawyers. In La Paz,
professional groups, the media and neighbourhood associations affected
by corrupt practices might be possible supporters. Legislators should
also be targeted to ensure that the law on the review of mayors is changed
to encourage responsible behaviour. In Malaysia, logical partners would
appear to include civil society and the judiciary. Some of these stakeholders
may require education and encouragement to develop their support.
The fact that the ICAC evolved from public dissatisfaction similar to
that now being generated by the university's research in Thailand leaves
hope for the future. Social capital increases when people successfully
address issues together. Thus, the success in gaining public attention
in Thailand is a good foundation for further action. It could conceivably
lead to concrete activities against corruption. On the other hand, moving
to a strong anti-corruption agency such as the ACA or the ICAC is a longer
process because of the supporting legislation and institutional structure
required. Maintaining the momentum is a challenge, as the La Paz case
clearly demonstrates.
A final caveat. Partnerships which become too cosy can create a kind
of corruption or, at least, a neglect of government functions such as
regulation and the correction of market imperfections in favour of interest
groups and at the expense of the public good. As Laffont and Tirole13 point out, supervisory decision making can be just the tip of the iceberg
here, with the more important aspect being the rules and policies developed
in the regulatory organization which have the potential for "capture"
by or bias toward interest groups. The challenge is to maintain the positive
aspects of partnership (oversight, more information about needs and possibilities,
comparative advantage, etc.) and avoid collusion between government officials
and interest groups.
Controlling corruption is a complex process requiring commitment over
years. We cannot expect a simple solution. There is certainly no easy
cure.
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Endnotes
1. This article draws primarily on four case studies on corruption
presented at the Conference on Government Innovations. It also brings
in information from three other papers presented at that Conference. The
case studies are: "Notes on the Hong Kong Independent Commission
Against Corruption" by Bertrand de Speville; "Malaysia Anti-Corruption
Agency" by Azni Hamzah; "Beating Corruption at the Local Level:
The Case of La Paz, Bolivia" by Dr. Robert Klitgaard, and "Corruption:
Research and Reaction (Thailand)" by Dr. Pasuk Phongpaichit. The
three papers are: "A Strategic Approach for Donor-Assisted Counter
Corruption Programs: Preliminary Thoughts for Discussion" by Dr.
James R Klein; and "Combating Corruption" and "Corruption
as Counter-Culture: Attitudes to Bribery in Local and Global Society"
by Denis Osborne. (The latter paper was originally prepared for the Fourteenth
International Symposium on Economic Crime and Corruption - the enemy within.)
2. Corruption involving a group of officers who collude in
collecting (often extorting) and distributing money.
3. Bossuyt and Laporte (1994), p.1.
4. Fowler (1996).
5. Several factors enhance the influence of these committees:
the chairs of the three functional committees are all members of the Policy
Committee, every committee reports annually to the Governor of Hong Kong,
and these reports are tabled in the legislature.
6. Klitgaard, MacLean-Abaroa and Parris (1996).
7. The analysis of information on procedures, control systems
and supervision to identify areas where corruption might occur - thus
a focus on prevention.
8. Klitgaard (1996).
9. Klitgaard (March 1996).
10. In the early days, the ICAC was seen as being very secretive.
11. These examples come from personal communication with Denis
Osborne, an advisor and consultant on Development and Governance, 122
Dulwich Village, London SE21 7AQ.
12 Shang-Jin Wei (1997).
13. Laffont and Tirole (1996).
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