Tuesday, April 22, 2008

Organised criminals are a threat to democracy

Organised criminals are a threat to democracy
By Editor
Tuesday April 22, 2008 [04:00]

Organised crime has become one of the most flourishing economic activities, run by professionals who have taken on board all the rules of modern management. We saw it here in Zambia with Access Financial Services Limited. Organised crime invests in legitimate businesses not only to launder dirty money but also to make capital for their illegal activities. And preferred endeavours for this are luxury real estate, the vacation industry, public services and banking and even the media as we saw with Nizam’s weekly newspaper and radio station.

In some cases, organised crime has become the creditor of the state and it exerts, because of its actions on the markets, an influence over the macro-economic politics of the government.

It should not be difficult to understand and appreciate why Inspector General of Police, Ephraim Mateyo says “criminals must not be allowed to rule as the increasing worldwide power and influence of organised criminals is a threat to democracy and the economy… the activities of organised criminal groups undermine societal values leading to increased crime rates and raised social expenditures... increased worldwide criminal activities and the growing power and influence of organised criminal groups are a significant threat to democratic institutions and the free market systems”.

Clearly, organised crime in Africa is a development issue. We cannot bear the costs of organised crime, which impede development and minimise the ability of our governments to reduce poverty. Effectively addressing the issue of organised crime in our countries has become a development imperative.

And in our situations, when we talk about organised crime, we are not necessarily talking about criminals moving with guns, holding up people at gunpoint. We are talking about organised white-collar crime.

In short, we are talking about corruption. And here in Zambia, no one can disagree with the fact that organised crime manifested its worst forms in the cases of plunder that were pursued in the London High Court as civil cases and that are currently in our courts of law as criminal matters.

The organised crime involved in these cases clearly demonstrate that organised crime is just one form of corruption or is a part of corruption.

And talking about the increasing power and influence of organised crime as a threat to democracy and the economy, we journalists constantly wring our hands over the growing criminalisation of our politics, and call on our politicians and their political parties to adopt better candidates for party positions and for local government and parliamentary seats and indeed for the Republican presidency.

Such moral lecturing is vacuous. Criminals are not entering politics because of some inexplicable moral lapse by those who choose candidates for our political parties, but because they have huge incentives to get in.

To get them out, we must change the incentive system. Many of our laws need changing, but one single change can have a huge impact. Let the law provide that criminal cases against our politicians will be heard before all others on a day-by-day basis to ensure a quick verdict.

In one stroke, that will create a huge disincentive for criminals to contest elections. Many will resign from politics to escape the consequences.

Today, criminals join politics to gain influence and ensure that their criminal businesses continue unaffected and cases against them are dropped or not proceeded with. The law disqualifies convicted criminals from fighting elections.

But this does not keep criminals out of politics because legal delays, often abetted by political pressures, make convictions of resourceful crooks rather rare. Criminals threaten witnesses with death, and the feeble state cannot protect them. So we need a radical change.

Organised crime and corrupt practices span a wide spectrum, ranging from petty theft of public funds or corruption whereby bribes are required before normal bureaucratic procedures are accomplished, to large-scale corruption whereby considerable sums of money are stolen from public coffers or are paid in return for preferential treatment or access.

And it’s clear that corruption is worse in situations where institutions, such as the legislature and the judiciary are weak, where the rule of law and adherence to formal rules are not rigorously observed, where political patronage is standard practice, where the independence and professionalism of the public sector has been eroded and where civil society lacks the means to bring public pressure to bear.

Once corruption becomes entrenched, its negative effects multiply. It induces cynicism, because people begin to regard it as the norm. It undermines social values because people find it easier to engage in corruption, in crime than to seek legitimate employment or business.

It erodes governmental legitimacy because it hampers the effective delivery of public goods and services. It limits economic growth because it reduces the amount of public resources, discourages private investment and saving and impedes the efficient use of government revenue.

Therefore, strategies to limit corruption have to be realistic and achievable. In other words, policies intended to address corruption have to be consistently implemented over the long-term. Corruption is essentially a governance issue.

Increased governmental accountability and transparency, enhanced public participation in decision making, strengthened public sector and civil society institutions and greater adherence to the rule of law will not only improve governance but will help counter corruption.

Free and open competition is ultimately the greatest weapon against corrupt practices – whether political, economic or bureaucratic.
The police, the Anti-Corruption Commission, the Drug Enforcement Commission and other agencies can be extremely effective in fighting corruption and other forms of organised crime, but only provided that they have sufficient independence, authority and resources to function efficiently, effectively and in an orderly manner.

Government actions alone will not be effective. A broad coalition against corruption, encompassing government and the public, is necessary. In this, organisations and society, the press and the business sector all have a crucial role to play. Public opinion has to be supportive to anti-corruption efforts and public opinion is the major force in creating an environment in which corruption is not accepted or condoned.

Public education as to the detrimental effects of corruption is important in creating public awareness and an active public response in support of anti-corruption measures. For this, free and professional press and accessible channels of information, are crucial.

While the ultimate responsibility of combating corruption lies with our individual countries, there is a role for both regional cooperation and international support. And for this reason, the initiatives and efforts being made under the Southern African Police Chiefs Cooperation deserve credit and support.

Many corrupt practices are localised or confined within the boundaries of our individual countries. Many more, however, are not. International business transactions have long been recognised as fertile ground for corruption.

And we have seen this in our Zamtrop plunder cases. Much of the money gained as a result of corrupt practices is kept in safe havens outside our countries. Some parties to corrupt activities may be based in neighbouring countries and those accused of corruption often simply move to other countries to avoid prosecution.

Here we have our own examples of this – Xavier Chungu, Paul Steele, Attan Shansonga and until recently Moses Katumbi. Regional cooperation and development of regionally agreed legal mechanism to address these problems would be useful, while international efforts to stop large-scale corruption in business transactions are essential.

A nation that condones corruption will often be besieged with a lot of economic, political and social vices. Corruption is the perversion of integrity.

And as Inspector General Mateyo has correctly concluded, criminals will continue to threaten our democratic and economic interests if we don’t stand up to challenge them with all the means at our disposal.

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