Corruption: Political will is the solution

Corruption distorts the political, economic and social life of people and denies access to fundamental needs like health care, water, housing, food, education and justice. The worst

The poor are the worst victims of this menace to the very fabric of sociey.

The United Nation General Assembly, concerned with the seriousness of the consequences of corruption, adopted a resolution to tackle it in member states on Jan 2, 1997.

The UN Convention against Corruption (UNCAC) is the first legally binding international anti-corruption instrument negotiated and agreed among approximately by 129 nations.

Malaysia ratified the UNCAC on Sept 24, 2008 but its implementation is weak.

The ADB-OECD Anti-Corruption Initiative for Asia- Pacific was launched in October 1999. It was followed up a year later in Seoul to develop an Anti-Corruption Action Plan for Asia Pacific.

In 2001, 17 governments from Asia Pacific including Malaysia endorsed the action plans at a meeting in Tokyo. Despite ratifying the UNCAC and adopting Asia Pacific Action plans, as well as adopting various strategies to curb corruption, Malaysia continues to slide dramatically in its fight against corruption.

Corruption has become systemic in Malaysia. In Transparency International's (TI) Corruption Perception Index (CPI) for 2009, Malaysia was placed in rank 56 with a score 4.5.

It not only showed a significant drop compared to previous years but also compared to other countries. A fall of 0.6 from 5.1 in 2008 to 4.5 in 2009 is alarming.

Despite Malaysia ratifying the UNCAC and being a signatory to various international action plans against corruption, it remains a serious problem.

The solution is in two key words: Political will, as all anti-corruption experts and activists will assert. What is political will?

Prof Jon S.T Quah, an anti-corruption expert from Singapore says: "Political will refers to the commitment of leaders to eradicate corruption and exists when these conditions are met:

• comprehensive anti-corruption legislation exists:

• the independent anti-corruption agency (MACC) is provided with sufficient personnel and resources; and

• the anti-corruption laws are fairly enforced by the independent anti-corruption agency.
  

Anti-Corruption activists and experts concur that the political will is the most important prerequisite in the battle against corruption.

Without the political will even a comprehensive anti-corruption strategy is doomed to fail. The political leadership must support the war against corruption.

Halting the decay of the National Integrity System

In Malaysia all past and current Prime Ministers have made pronouncements that they will wipe out corruption on taking office. All failed.

Najib Abdul Razak, the current PM may fail too, if he is not courageous enough to take bold and brave measures to curb corruption in the country.

His work should begin by halting the decay of the National Integrity System (NIS) which is made of what is known as the Integrity Pillars. They are:

Executive

Legislature

Political Parties

Election Commission

Auditor General

Judiciary

Public Service

Police and Prosecution

Public Procurement

Public Complaints Bureau

Malaysian Anti-Corruption Commission

Media

Civil Society

Local Government

Private Sector

A study of Malaysia's NIS commissioned by TI-Malaysia in 2003 identified several key issues that needed to be addressed, particularly poor enforcement, non-accountability of local authorities, low wages, a weak media and cultural acceptance of corruption.

All these Institutional pillars must be open to public scrutiny and all checks and balances need to be enforced to ensure the highest standards of transparency and accountability in the NIS.

To enable the public to play the critical role of 'watchdog' of the NIS, legislation such as a Freedom of Information Act is central.

Without access to information and recognition of citizens' right to information, assessing the performance of the Integrity Pillars will remain a formidable task.

A media that is free a well as responsible plays a critical role in curbing corruption. Investigative journalism must be given room to flourish if there is the political will to eradicate corruption.

Malaysia's print media in particular, has been shackled by a long list of laws from the moment a journalist strings a sentence. Politics, business and government control the media.

One area that requires reform is financing of political parties. Greater transparency and accountability in political financing is an important step in freeing the media from the shackles of political parties through ownership.

Too much investment into punitive actions to deter corruption may not be an effective tool to curb corruption. Many anti-corruption activists like John Githongo who led the graft war in Kenya say "Prosecution is a blunt tool against corruption".

Malaysia is a good example of how very few cases of arrest for corruption go through a prosecution that results in imprisonment. (Please read: It's Our Time to Eat: The Story of a Kenyan Whistle Blower by Michela Wong)

The importance of education on ethics and integrity in the fight against the evils of corruption cannot be neglected. According to a Unesco research in 2003, investing in education produces and improves the quality of life.

Ethics education promotes social and civil growth, generates responsible behaviour and a climate of trust and reduces crime, violence, exclusion and importantly, corruption.

At a recent TI conference on political financing, Dr Bridget Welsh from the Singapore Management University underscored the critical need for capacity building of the civil service to inculcate ethics and integrity among bureaucrats.

The government cannot fight corruption alone. It has to engage the private sector and civil society. A relationship exists between government, the corporate sector and civil society.

All three parties need to engage each other strategically to address the issue of corruption in the country.

The private sector has a special role to play in ensuring the effectiveness of NIS not only in countries where corporations are based but also in the markets they operate.

With the growth of Corporate Social Reasonability (CSR) and public scrutiny on CSR activities, corporations must act responsibly towards the communities and societies in which they operate.

The role of Civil Society, as a pillar of the NIS must be enhanced. Civil Society exists to promote public interest and to counter corruption, the voice of a vibrant civil society is essential.

Members of Civil Society, like Transparency International - Malaysia have a fundamental role in achieving an effective national integrity system for Malaysia.

The government could facilitate and create the space for civil society to be involved as independent participants in various oversight boards and task forces within the pillars of the NIS.

"Liberty has never come from the government. Liberty has always come from the subjects of it", said Woodrow Wilson.

Josie Fernandez is actively engaged with Transparency International-Malaysia in various capacities.