Combating corruption in the Commonwealth
Author: Melissa Khemani
Article Date: 6 Mar 2008
The indirect and direct impacts of corruption on the poor are devastating
Corruption is one of the leading obstacles to political, economic and social development. It undermines the rule of law and weakens the institutional bases of good governance upon which continued growth and development depend.
It is the poor in society that are often the hardest hit by the effects of corruption, being the most reliant on public services and the least capable of paying the high price associated with fraud, bribery and other forms of corrupt activity, to attain those services. According to the leading anti-corruption NGO, Transparency International, low and middle income earners are the most likely to pay bribes when seeking public services.
Both the indirect and direct impacts of corruption on the poor are devastating; it not only erodes their income but also undermines the poverty reduction programmes aimed at enhancing their basic needs.
Corruption undermines public services
Another consequence of corruption is that delivery of essential public services is often compromised or undermined: roads are not built, hospitals are under-resourced, and schools are inadequately supplied. In short, funds which are meant to be allocated to the public good are diverted for personal gain.
Corruption continues to pose a significant problem for a number of Commonwealth countries. Nineteen member states are ranked in the bottom half of Transparency International’s 2007 Corruption Perceptions Index and Bangladesh, Kenya, Nigeria and Tonga occupy positions in the bottom 30 ranks of the Index.
It is estimated that corruption has cost Nigeria over US$400 billion, which is equivalent to approximately two thirds of the total amount of aid given to Africa since the 1960’s.
A recent World Bank report on Uganda estimated that on average, only 13 per cent of the annual grants per student from the central government actually reach the schools, with the remainder being lost to personal gains, pay-offs, or siphoned off by officials for unrelated purposes.
Commitment emphasised by Heads of Government
Aware of its crippling effects, Commonwealth Heads of Government emphasised their commitment to tackling corruption at their meeting in Durban, South Africa in 1999 at which they agreed on a ‘Framework for Commonwealth Principles on Promoting Good Governance’.
They subsequently endorsed the Aso Rock Declaration at their biennial meeting in Abuja, Nigeria, in 2003 which urged Commonwealth states to sign, ratify and implement the United Nations Convention Against Corruption (UNCAC).
In 2005, Heads of Government agreed to implement the recommendations of the ‘Report of the Commonwealth Expert Group on the Recovery and Repatriation of Assets of Illicit Origin.’
Anti-corruption projects initiated
In response to these decisions from Heads, the Commonwealth Secretariat’s Criminal Law Section has initiated an anti-corruption project aimed at securing compliance with, and implementation and enforcement of the UNCAC. The project provides Commonwealth member states with the legislation and tools to prevent, detect, investigate and prosecute corrupt activity as well as trace and confiscate the proceeds of such activity.
Through workshops on asset recovery and international co-operation in anti-corruption investigations, the Criminal Law Section has also engaged the services of international legal experts, forensic accountants, investigators and prosecutors to provide a comprehensive approach to training.
A number of other workshops which aim to build expertise and the ability of countries to combat corruption have been organised across the Commonwealth; including Bangladesh, Kenya, Namibia, Nigeria, India, and Swaziland, in addition to the provision of technical assistance programmes in Kenya, Swaziland and the Pacific Islands region.
The overall aim of the Secretariat’s anti-corruption programme is not only to encourage and facilitate the implementation of anti-corruption laws within the Commonwealth, but to also ensure that the domestic institutions, such as newly established anti-corruption commissions, are properly empowered and resourced to enforce those laws.
Corruption has denied too many populations and their future generations the right to reap the benefits of good governance. It is with this in mind that the Criminal Law Section continues to build up legal and technical expertise within member states.
The aim is that improved expertise will not only be able to help implement preventive measures required to stop the roots of corruption, but also strengthen the proactive measures necessary to recover and return stolen assets to their rightful owners – the public.