Maravi

Combating systematic corruption

Combating systematic corruption
By Editor
Tuesday November 27, 2007 [03:00]

The stand taken by the Commonwealth heads of government reaffirming their commitment to combating systematic corruption at both national and international levels deserves support. It is also very important that Commonwealth member states which have not yet become parties to the United Nations Convention Against Corruption (UNCAC) consider doing so as soon as possible.

We say this because this convention provides an opportunity for the much-needed global response to a global problem. Corruption strikes at the core of the priority concerns of the Commonwealth. The links between corruption and organised crime, terrorism, conflict, human rights abuses and poverty are now universally recognised.

Preventing and combating corruption must be seen by the Commonwealth as part of an overall effort to create the foundation for democracy, development, justice and effective governance.

This convention is important because under it, ratifying countries enter into a legal obligation to criminalise an array of corrupt practices; develop national institutions to prevent corrupt practices and to prosecute offenders; cooperate with other governments to recover stolen assets; and help each other, including with technical and financial institutions, to fight corruption, reduce its occurrence and reinforce integrity.

There is need for all Commonwealth member states to ratify this convention because it offers a unique opportunity to respond effectively to corruption - and by doing so, enhance the prospects for personal and societal development in our countries where this is not possible in the current context.

This convention marks an important breakthrough in the global fight against corruption, making the prohibition of corruption an integral part of the international public order. We therefore urge Commonwealth member states who are signatory countries to this convention to work towards its rapid ratification and implementation into national law.

We have been concerned about corruption, bribery and extortion and their effect on business for a long time. When business transactions are affected by payment of bribes, resources are diverted from more productive uses. Corruption undermines public and business confidence in the fair and efficient operation of institutions, distorts competition and discourages productive economic activity.

The Commonwealth therefore has good reasons to support efforts to fight corruption and should have a very strong interest in the success of the UN Convention Against Corruption. The adoption of the UN Convention Against Corruption represents a major step forward in the global recognition of the harmful nature of extortion and bribery.

It brings to the forefront the notion that corruption is wrong, whatever the transaction, in every country and in all circumstances. And it must be noted that the UN Convention is the first truly global instrument against corruption. Its provisions cover a very broad scope of issues likely to bring fundamental changes to the environment in which governments and businesses operate.

This convention prohibits both active and passive corruption. We believe that fighting corruption requires action against extortion as much as against bribery. And without effective action to address the "demand-side" of corruption, the fight against corruption cannot be won.

This convention also condemns both public and private corruption. In view of the huge role played by the private sector in the global economy and the continuing privatisation of government enterprises and activities, the time has come to make sure that effective measures are taken to control corruption within the private sector. We are happy to note that the critical matter of private-to-private bribery has been addressed in the convention. But we regret that the article prohibiting bribery in the private sector has not been made mandatory.

The UN Convention addresses serious shortcomings in mutual legal assistance, a key tool for combating international corruption that can only be strengthened from comprehensive worldwide efforts. The convention's worldwide participation raises hopes for major progress in this respect, particularly on issues that require North-South cooperation.

But it shouldn't be forgotten that the adoption of a convention is only the beginning. Whether the convention will make a practical impact will depend on whether there will be an effective follow-up monitoring process. Without such a process, the convention could be interpreted differently from one country to the next, making the conduct of international business unnecessarily complex and uncertain. An unequal implementation of the convention's provisions would result in substantial divergences between national laws, thereby defeating the very purpose of the convention.

We place high hopes in the UN Convention Against Corruption and the support the Commonwealth member states have declared for it, but we remain convinced that no tangible progress will be achieved without a proper monitoring mechanism to ensure its effective implementation and enforcement by all signatory countries.

Consistent with our long-standing view that the fight against corruption can only be won through complementary and mutually supportive action by governments, inter-governmental bodies and the business world, we urge the Commonwealth member states to work with the United Nations towards ratification of the convention and to make sure that the convention accomplishes its objectives. This is the best way the Commonwealth can contribute effectively to the fight against corruption.

Labels: COMMON WEALTH, CORRUPTION

posted by MrK @ 9:11 AM