Corruption among the political elite undermines the legitimacy of
the state and its institutions, weakens trust in the rule of law and
can have a detrimental effect on the economy. It is thus crucial that
politicians act in an ethical manner.
Political leaders are expected to maintain a high moral standard
in their professional and private lives. Politicians have the legitimate
potential to take political decisions that determine the fortunes
of the state. They are expected to have joined politics out of conviction
and commitment to the public good rather than for personal power and
private profit, yet surveys consistently show politicians to be the
least trusted of all public officials.
Failure to achieve high ethical standards among political leaders
has a detrimental effect on society. Where human and material resources
are diverted away from their most profitable use and where institutions
are run in a less than efficient way, costs are created that affect
not only the state and its economy but also the welfare and morale
of its citizens. A state whose institutions have lost their legitimacy
and whose political elite is not deemed trustworthy by its population
cannot be run efficiently. Experience suggests that where the behaviour
of superiors is perceived to be incorrect, the respect of subordinates
for common laws and practices wears off as well.
Ethical standards are a key instrument against arbitrary political
power. Good behaviour cannot be enforced, but it can be encouraged
through:
Preventative arrangements: the existence of a Code of Conduct
for political office holders against which the performance of political
leaders can be judged and that can help politicians to base their
actions on a framework of agreed behavioural standards; furthermore,
the creation of moral expectations as to the conduct of politicians
among an empowered civil society which is aware of the actions -
and shortcomings - of its political leaders.
Corrective arrangements: the existence and enforcement - through
independent bodies - of laws and regulations relating to issues
that are likely to arise in an ethical context. These include regulations
on conflicts of interest and the waiving of immunities and privileges
in cases of suspected misconduct.
Rules, laws and other provisions relating to ethics should not be
exploited for political purposes as this undermines their credibility.
Commitment to ethical behaviour must be - and must be seen to be -
genuine.
Prerequisites for fostering good ethical conduct of political
leaders include:
Leadership and demonstrated commitment by senior members of all
major political parties.
A facilitating institutional environment of checks and balances
where incentives for improper conduct are rendered less attractive
by increasing the likelihood and severity of detection and sanctions.
Clear and visible codes of conduct against which the behaviour
and performance of political leaders can be judged.
Pope, Jeremy, (2000): TI Source Book 2000. Confronting Corruption:
The Elements of a National Integrity System, Chapter
7 - The Role of the Executive, Berlin, Transparency International
Corruption is a symptom of systemic breakdown. It can represent persistent
failure of governance in a number of institutions and therefore cannot
be treated in isolation.
Corruption should be dealt with in a holistic way that analyses the
functioning and deficiencies of essential state institutions and address
them in a comprehensive fashion. The concept of a National Integrity
System, a term developed in the 1990s, proposes such an approach.
A National Integrity System is a constructive way in which to begin
an examination of the workings of institutions and concepts such as
values and public awareness, and to identify possible obstructions
to overall good performance and governance. It provides a sound basis
for all-encompassing reform. A country's National Integrity System
comprises all those government and non-governmental institutions that
have the ability to work together to achieve sustainable high standards
of national integrity and low levels of corruption and maladministration
by functioning individually but also by enabling a system of horizontal
accountability whereby each actor acts as a watchdog over the actions
of at least one other. The establishment of an effective, transparent
and accountable National Integrity System thus fragments power and
paves the way for a well-governed state.
A National Integrity System typically comprises the following institutional
components:
The challenge lies in devising reform strategies that will lead to
better governance and less corruption but more importantly, in devising
reform strategies that can feasibly be implemented by the respective
state. A state in need of all-encompassing reform may be too weak
institutionally to implement a complex reform programme.
Prerequisites for the successful creation of a National Integrity
System include:
Political will to support, launch and implement reform [link FAQ
1], including "champions of reform"
Realistic design of reform which is not overly ambitious but takes
into account the capabilities of the state's institutions
Long term commitment to reform
Public Awareness and support for the goals of reform
Resources
The anti-corruption potential of privatisation reforms depends largely
on their design, the institutional context in which they take place
and the structuring and regulation of the post-privatisation environment.
Privatisation of assets and services held and provided by the state
is supposed to act as a corruption-deterrent in that it reduces the
discretionary power of the state and subjects the newly privatised
enterprises to the forces of the market. It is assumed that corrupt
opportunities will be less plentiful in the free market as it subjects
actors to the pressures of competition, increases the incentives to
perform and makes economic actors less susceptible to interest group
pressure. A state freed from its ideological obligation to intervene
in the market place and to manage publicly owned enterprises will
be free to concentrate on the delivery of its public services in addition
to the money set free by the privatisation process.
But as well as an anti-corruption reform, privatisation can be a
source of corrupt gains. Privatisation is associated with high political
costs, as elites stand to loose out in the process. Support for reform
may be difficult to find both within government circles and civil
society more generally, as proposed benefits take time to manifest
themselves. Furthermore, because of the complexity of the task, institutionally
weak states may find themselves overwhelmed by the level of expertise
needed for the task. The risk in these situations is the reproduction
of old public sector elites in newly privatised firms, the capture
of the privatisation process through these old elites. This is conducive
to the loss of public support for the reform process and a disastrous
post-privatisation climate without proper competition, where a state
lacks the capacity to enforce the rules and regulations supposed to
govern the market. Finally, even private sector agents can be corrupt!
Prerequisites for a successful and corruption-free privatisation programme
include:
The type of privatisation matters as does the adequacy of the
types chosen in one particular context. For example, it has been
argued that, in cases of systemic corruption, fast privatisation
methods are best as they tend to give less opportunities for public
officials to behave in a corrupt fashion.
The institutional environment determines the success or failure
of any privatisation programme. Privatisation can only make a positive
difference, if functioning market institutions are in place prior
to any privatisation process. This includes the deregulation of
the economy, the existence of competition and a competitive and
entrepreneurial spirit, a cutting back of the state and its power
to interfere in the economy, and state institutions which are strong
enough to enforce the rules and regulations which govern the marketplace.
Transparency of the privatisation process at all times
Informed management able to accurately audit an enterprise's assets
and to assess its likely market value
The integrity of public sector employees can come under pressure
in a variety of ways, not least because of their exposed position
at the interface between the state and the civil society. It is thus
crucial that each member of the public service has at their disposal
a comprehensive system of values and standards to rely on.
Ethics is about making the right decision at any time by basing it
on existing values and standards of conduct and finding the appropriate
balance between conflicting moral and professional principles. For
a public servant, this implies acting in a way that is lawful, reasonable
and fair, and that is consistent with the public interest.
Administrative traditions vary depending on the respective historic
and cultural context. There are, however, similar expectations as
to the way civil servants should fulfil their duties, namely with
equity, probity and efficiency. Problems arise where and when these
values conflict with other, more traditional, behavioural expectations
like for example the provision of friends and family with jobs and
other favours not envisaged by the system. Problems may be caused
as well by complex situations where the "right", ethical
decision is not easily identifiable. It is thus crucial that civil
servants have standards on the basis of which they can make an ethical
decision and seek confidential advice in cases of difficulty. These,
together with the tools and conditions that provide incentives for
ethical conduct, are commonly referred to as an "ethics infrastructure".
Prerequisites for the establishment and maintenance of an ethical
public service include:
The definition of clear rules and guidelines that are based on
commonly understood and shared values and principles. Values - or
the emphasis placed upon them - can change, but it is crucial that
they be politically neutral and applicable even beyond changes of
government
Efficient accountability mechanisms
Wide dissemination of codes of conduct and other documents relating
to ethics and expected standards among government agencies and external
stakeholders
Provision of training for public sector employees in ethical decision-making
Provision of positives incentives for compliance
The provision of "Ethics Counsellors" to provide guidance
and to enforce ethical conduct
Public service recruitment, promotion and dismissals
The professionalism and the performance of any public sector depend
not only on the institutions, but also on the people who staff them.
Other than a good formal framework, a good public service needs qualified
and motivated personnel. The institutional arrangements for selecting,
promoting and dismissing civil servants are thus crucial to the functioning
of the public sector in the intended way.
A meritocratic civil service is less likely to be prone to corruption
and maladministration than one based predominantly on political appointments.
The fundamental difference between the meritocratic and the clientelist
recruitment regimes is the type of merit they favour. The orthodox
model of bureaucracy sees civil servants being recruited and promoted
on the basis of the best and most qualified person for any given job.
The other extreme is a model characterised by a choice of staff whose
sole merit lies in their loyalty towards the ruling government, or
other powerful interests.
A merit-based public service presents numerous advantages:
The suitability of candidates can be judged against verifiable
criteria that can be checked if breaches are suspected.
Office holders have an incentive to perform well. Politicising
the civil service is likely to lead to mediocre performance: where
politicians have a direct impact upon recruitment, promotion and
dismissal or transfer of civil servants for reasons other than merit-based
ones, professional discipline may be hard to enforce and performance
incentives difficult to give due to the short-termed nature of the
appointment.
A politically appointed civil servant will be more inclined to
break the rules in order to maximise his personal gains in the short
time he can expect to be in office.
A civil servant owing his position to his own capability as well
as clear and verifiable criteria, will feel accountable towards
the state that employs him rather than towards the government of
the day.
It avoids the relatively short-termed nature of political appointments
and the consequent loss of expertise with each change of government.
However, a purely merit-based civil service is often impossible for
political reasons, e.g. in multi-national states where an affirmative
action programme is in place. Furthermore, it is no guarantee against
corruption. The challenge lies in attracting the right people to the
right posts: the civil service has to be attractive to qualified citizens
(See question on pay reform, job security,
etc) to avoid offering wrong incentives and to provide a worthwhile
alternative to the private sector. It is also essential that ethical
standards and enforcement and oversight mechanisms be in place.
Since the centrality of the public sector for the way the state is
run makes it susceptible to political interference, reforms aiming
at the establishment of a meritocracy may be difficult
to implement.
Prerequisites for a corruption-free public sector recruitment regime
include:
A predominantly merit-based recruitment and promotion scheme with
objective and contestable criteria and with a clear career path
A minimisation of political interference in both the action and
the staffing of the public sector
A strict limitation of political appointments to certain high-level
posts
Suitable pay and other benefits to provide the 'right' incentives
The protection of public servants through internal rule of law
mechanisms
Resources
Pope, Jeremy (2000): TI Source Book 2000. Confronting Corruption:
The Elements of a National Integrity System, Chapter
12 - Public Service to Serve the Public. Berlin, Transparency
International
Reforming the wage structure for public servants can be an important
tool for the prevention of corruption, as it changes the incentive
structure for public servants, makes remuneration more transparent,
eliminates underpay and wins more skilled personnel for the public
sector:
The incentives for public servants to reject corruption and work
efficiently are much higher, if the system of remuneration is based
on the principle of meritocracy. When wages and promotion depend
in a transparent manner on the respect of public servants for rules
of conduct and on good performance, both are more likely to be implemented.
Pay reform can increase the transparency of the system of remuneration
for public servants and thus eliminate possibilities for corruption.
In many countries non-monetary allowances such as housing, transportation
as well as retirement benefits add up to 100% to the base salary
received by public officials. As the allocation of those allowances
is often discretionary and difficult for the public to understand
and evaluate, allowances create opportunities for corruption.
Real wages for public servants have been declining in many countries
over the last few decades. If public servants are not paid a "living
wage", the incentives to accept bribes are huge. Pay reforms
that create "living wages" for public servants can therefore
potentially curb petty corruption. (Examples: Argentina and Peru
increased salaries in sensitive areas such as customs and tax administration).
Wage reforms can also aim at making public sector wages competitive
with private sector wages in order to attract more highly skilled
employees. Better human capital increases the efficiency of the
public sector and can induce better compliance with codes of conduct.
Both Singapore and Hong Kong are examples for this policy.
Prerequisites for the success of public sector pay reform in reducing
corruption and increasing efficiency include:
Meritocracy as the principle for the determination of wages and
promotion
A regulation of non-wage allowances and benefits
Wage increases without adequate controls and increased likelihood
of
detection do not curb corruption. Personal ethics of officials
and other work conditions (such as merit-based recruitment, career
satisfaction and prospects) also influence the incidence of corruption.
Financial viability of reforms: pay reforms that include wage
increases are often financed through a general down-sizing of public
institutions, the elimination of "ghost workers" and the
like. This strategy has for example worked successfully in Uganda,
but not in Malawi.
Wage differentials, i.e. the difference between wages of low-
and high level public sector employees, can have an important influence
on the motivation and morale of public officials.
Resources
Pope, Jeremy, (2000): TI Source Book 2000. Confronting Corruption:
The Elements of a National Integrity System, Chapter
1 - The Challenge of Renovation, Berlin, Transparency International
Shand, David and Sohail, Safday, (2001): The
Role of Civil Service Reform in Combating Corruption, in: Kaufmann,
Daniel and de Asis, Maria Ganzalez and Dininio, Phyllis (2001): Improving
Governance and Controlling Corruption, World Bank Institute
Capacity building programmes for public employees can have an important
impact on the prevalence of corruption in four ways:
thics training seeks to strengthen the ethical commitments of
public servants directly.
Anti-corruption training aims to increase the awareness of public
officials about the harmful effects of corruption and sometimes
involves them in the design and implementation of anti-corruption
strategies.
Training programmes for the public sector can also curb corruption
by improving the monitoring and evaluation capacities of organisations.
Good monitoring and evaluation skills and methods are key to detecting
mismanagement, fraud and corruption and thus deter corrupt behaviour.
Finally, capacity-building programmes can aim at improving the
job-related skills and capabilities of public employees in order
to produce better and more transparent public management. Particularly
relevant in this realm are training in accounting and expenditure
management methods and e-government applications.
Prerequisites for success and caveats for training and capacity-building
projects include:
Whenever possible, local institutions (universities, research
centres, specialised agencies or NGOs) should offer the training
programmes. This is more likely to lead to success, as organisers
as well as participants can develop a sense of ownership and as
the contents of the training can be adapted to the specific needs
and experiences of the area/country. The role of international institutions
and donors should be confined to "train the trainers"
projects and the provision of funding.
Training programmes are more successful, when participation is
awarded for good performance and is closely connected to professional
career development.
Technical training is used to fill employees' skill gaps. Good
recruitment policies can limit these gaps from the start.
There is a risk that newly qualified employees quit the public
sector after participating in intensive capacity-building programmes.
Participation should therefore be combined with a commitment to
return to the organisation after completion of the training. Job
satisfaction, recognition for good performance and a strong professional
identity combined with a sense of mission can also improve the rate
of retention.
Capacity-building does not exist in isolation. Capacity, defined
as the ability of an institution to perform appropriate tasks efficiently,
effectively and sustainably, also depends on the task structure
faced by the organisation, the institutional context and the political,
social and economic environment.
Training programmes, if ill-designed or co-ordinated, can lead
to distraction from actual work, patronage (if the selection of
participants is not transparent) and organisational resentment.
The frequent rotation of tasks among officials is an anti-corruption
measure often employed in high-risk areas such as tax administration
and customs. Job rotation works to curb corruption in the following
ways:
If officials or politicians are frequently assigned new tasks
or locations, it is very difficult to establish networks of corrupt
relationships. Therefore, customs officials are often assigned to
their postings on extremely short notice and tax officials change
their area of responsibility periodically. Many countries also have
rules that limit the duration and number of offices for politicians
and periodically assign judges to new posts to prevent the establishment
of corrupt networks.
Job rotation schemes can also lead to increased internal transparency.
Through job rotation, public officials get to know the tasks and
operating procedures of their colleagues. This knowledge enables
officials to understand better what their colleagues are doing and
thus increase the possibilities for mutual oversight.
Finally, job rotation implies that officials take over jobs from
each other. This automatically provides detailed insights into the
work of officials. This means that mismanagement, fraud and corruption
are much more likely to be uncovered. A higher risk of discovery
can have a deterrent effect.
Caveats concerning job rotation schemes include:
Frequent job rotation can be associated with high costs. Thus,
frequent rotation requires officials to learn the skills necessary
for each job assigned. This implies much higher training costs,
losses of efficiency and time at each beginning of a job and potentially
lower levels of skill and expertise for any specific job. This is
not the case when only the location and not the job content changes
(such as in customs).
Rotation implies the frequent change of personnel. It is therefore
by definition difficult and costly to apply to projects that require
a medium- to long-term perspective.
Job rotation seems a suitable measure to prevent large-scale corruption
(especially through the limitation of terms of office for politicians)
and the establishment criminal and corrupt networks (e.g. smuggling
rings relying on corrupt customs officials). By contrast, job rotation
is less effective against petty corruption, in which officials demand
the payment of bribes for the delivery of certain services, as this
type of corruption does not rely only firmly established networks
among corrupt individuals.
When alternative measures to reduce the contact between officials
and citizens (such as computerised processes) are in place, the
need for job rotation schemes can be reduced.
If corruption is entrenched in the system, job rotation will mean
the replacement of one corrupt official by another.
Resources
Job rotation is recommended as a preventive measure by:
The budget is a government's primary economic policy document. It
lays out policy objectives and priorities and therefore serves as
a central instrument for holding government as a whole and its subordinate
entities accountable to parliament and the public. For transparency,
accountability and the curbing of corruption, the scope of a budget
needs to be comprehensive, its formulation transparent and its execution
accurate.
Because the budget is such a central instrument of policy formulation
and accountability, various international guidelines for budget transparency
have been formulated, among those the
OECD Best Practices for Budget Transparency and the IMF Code
of Good Practices on Fiscal Transparency. These codes provide
useful frameworks for assessing the transparency of the public finances
of any particular state, identifying priorities for reform and monitoring
the progress of reforms.
Some of the most central elements of budgetary reform include:
Comprehensiveness. Often, substantial public resources and liabilities
are not included in the budget. Off-budget accounts by their very
nature lack transparency, encourage discretionary spending and thus
give rise to opportunities for corruption. Budgets should therefore
aim at covering all public resources and assets as well as expenditures
and contingent liabilities.
Transparency. To allow for parliamentary oversight as well as
public scrutiny and debate, budgets should fulfil the following
criteria for transparency: Timely access to information should be
granted. As far as possible, this should also apply to budgetary
items for defence and internal security. In addition, the budget
should encourage insight and control by presenting information in
a clear and understandable fashion, by using simple and well-documented
procedures and by linking policy goals to expenditure items and
by formulating performance targets. All assumptions concerning macroeconomic
developments influencing revenue and expenditure projections should
be explicitly disclosed.
Incentives. Institutions that do not respect their budgetary constraint
should be penalised. In addition, positive incentives should encourage
economical spending, i.e. institutions should not be penalised for
spending less than their allocated resources.
Progress reports. The implementation of the budget should be monitored
through periodical (monthly or quarterly) reports. These reports
should include performance assessments from individual government
entities and be presented to parliament in a timely fashion. When
substantial divergences occur, the reasons for these should be explained.
Participation. The process of budget formulation should allow
for the participation of parliament and civil society. A prerequisite
for participation is the early submission of the draft budget to
parliament.
Integration. To make financial planning and monitoring more reliable,
the budgeting process should be integrated with other functions
of financial management. In particular, the budgeting and accounting
systems should employ the same methodology and links to fiscal forecasting
and investment planning institutions should be in place.
Time horizon. Annual budgets should be linked to medium-term frameworks
indicating the likely development of revenues and expenditures over
at least a 3-5 year horizon.
Without sound accounting and good expenditure management government
accountability is unthinkable. The quality of financial management
crucially influences the prevalence of malpractice and corruption
by imposing discipline, uncovering fraud and deterring abuse. In addition,
it has a direct impact on the financial situation of a country. International
institutions (such as the World Bank and the IMF), financial markets
and credit rating agencies all have to rely on the data provided by
government institutions. When the information is reliable and transparent,
risk and uncertainty are reduced and e.g. interest rates are lower.
Financial management in public sector entities includes the following
tasks:
Conducting the day-to-day financial operations of the organisation.
" Accounting for all revenues and expenditures in an accurate
and timely manner.
Analysing the financial impact of policy alternatives.
Devising safeguards and controls for public resources and assets.
Evaluating the results of programmes with regards to their economy,
efficiency and effectiveness, i.e. evaluate, whether they provide
"value for money".
Given the centrality of financial management to good governance,
international institutions and governments have devised extensive
reform and improvement programmes.
Among the commonly encountered problems and proposed remedies are:
Staff qualifications. Especially, but by no means only, in developing
countries, a shortage of fully trained accountants and financial
managers exists. The problem is exacerbated by the fact that public
sector wages are often not competitive with private sector wages.
Remedies include efforts to raise staff competence and prestige
through training and better working conditions.
Accounting standards. Many countries either lack detailed accounting
standards for the public sector or employ methods that are not appropriate
by international standards. To remedy this situation and make public
sector accounting more reliable, consistent and transparent, the
International Federation of Accountants has published International
Public Sector Accounting Standards, which serve as a guidance for
reform. Reforms often include the introduction of computerised integrated
financial management systems.
Internal and external controls. Control elements include: internal
and external audit and control mechanisms, the definition of performance
goals and risk management. Computerised systems usually facilitate
controls significantly, as they can automatically recognise irregularities
and allow for immediate, multi-level inspection.
Improved data quality, medium-term time horizons for financial
planning, the inclusion of contingencies and off-budget measures
and the timely publication of financial reports are other focal
points for reforms.
Resources
Wesberry, Jim, (2001): Sound
Financial Management to Counteract Corruption, in: Kaufmann, Daniel
and de Asis, Maria Gonzalez and Dininio, Phyllis, (2001): Improving
Governance and Controlling Corruption, World Bank Institute
Regulation in the financial sector is a double-edged sword. On the
one hand, regulation can prevent abuse and corruption in the financial
world. On the other hand, regulation itself, especially if it includes
discretionary powers for the regulator, creates new opportunities
for corruption.
While many advocate deregulation of
the economy, the case for regulation of the financial sector remains strong.
Regulation is needed to protect depositors and guarantee the stability as well
as the efficiency of the system. Typically, regulatory systems provide deposit
insurance and promote adequate capital standards, effective risk management
and transparency. Regulations often cover licensing requirements, capital and
liquidity requirements, criteria regarding loans, investments and portfolio
management and internal controls and ethical standards.
Opportunities for corruption in a regulated financial sector exist
among others:
In the relations between a bank and its customers, bribes can
be paid e.g. to receive loans for unsound projects or to receive
preferential treatment in terms of interest rates or other conditions.
In operations with the stock-market, corrupt practices can involve
access to crucial "insider information". Many developed
countries have only recently implemented legislation against insider
trades.
In the relations between regulatory, supervisory and enforcement
institutions and the financial sector, corrupt practices are used
to circumvent regulations and escape enforcement. "Facilitation
payments" during the licensing process also occur.
In most financial systems, the central bank plays a special role.
Existing corrupt practices can involve the dealings between the
central bank and the government as well as the relationship between
the central bank and commercial banks.
Prerequisites for successful regulatory approaches therefore include:
Division of responsibilities. In many systems, one institution
(typically the central bank) is responsible for designing regulations,
supervising their implementation and has enforcement authority.
In addition, many banks themselves are owned by governments. If
these responsibilities are shared among various institutions and
banks are privatised, internal controls are strengthened and opportunities
for corruption reduced.
Adequate regulatory framework. Which regulatory system can best
achieve the conflicting goals of protection against corruption,
stability and efficiency of the financial system depends on the
institutional environment of a country. Arguably, countries with
stable financial systems, sound legal frameworks and low levels
of corruption can afford a more efficient regulatory approach that
grants regulators more discretion. Where, on the other hand, the
skill level of regulators is lower and corruption more entrenched,
more rigid and direct systems of regulation may be called for.
Transparency. As in most cases, transparency is an essential ingredient
against corruption. Transparency requires that the system for designing
regulations be open, that the regulations be simple and clear and
that financial institutions as well as supervisory and enforcement
institutions have strong disclosure requirements.
Quality of the regulator. To be able to design effective regulations
against abuse and corruption, regulators must be highly skilled,
independent and have sufficient access to information. The possibility
of sanctions and effective enforcement must exist. Regulators themselves
must have transparent objectives and operational procedures and
be held accountable.
International cooperation. As financial operations have become
global, international cooperation among regulators and enforcement
agencies is crucial to counter fraud and corruption.
Customs and tax administrations are notorious for corruption. In
these areas of public service the incentives to engage in corrupt
behaviour are high for both officials, who can enrich themselves,
and bribe payers, who evade customs or taxes. At the same time, the
customs and taxation regulations are often so complex, that opportunities
for corruption abound.
The consequences of rampant corruption in customs and tax are very
serious:
It reduces state revenues and thus diminishes the capacities of
the state to fulfil its obligations. The losses in revenues are
often completely out of proportion to the amounts paid as bribes.
Smuggling can threaten domestic industries, introduce dangerous
and illegal goods or enable trade in protected species.
The smuggling of arms and drugs and the trafficking in human beings
create links between customs and organised crime. The proceeds of
large smuggling operations can be used to finance civil wars.
Corruption in customs distorts international trade flows and limits
foreign direct investment, both crucial to economic development.
Anti-corruption programmes therefore often focus on customs and tax
administrations and can include the following measures:
Simplification of the tax and customs systems. Tax and customs
regulations are often highly complex and include exemptions for
many, often poorly defined, cases. This makes the system difficult
to understand and gives officials discretionary powers. To prevent
corruption, tax and customs systems should have simple and clear
rules, few exceptions and clear definitions. If customs barriers
are low and the tax system is perceived to be fair, the incentives
for corruption are diminished.
Standardisation of procedures. Procedural manuals and electronic
forms make the services more transparent, reduce discretion of officials
and strengthen accountability and possibilities for controls. Standardised
procedures should limit one-on-one contacts between officials and
customers and reduce the number of forms/approvals needed (for example
through the introduction of "one-stop procedures").
Professionalism of service. A number of factors can increase the
professional standards of custom and tax administrations, starting
with the appointment of a professional management, instead of politically
appointed heads of administration. Staff needs to be recruited
and promoted on merit, compensation needs to
be sufficient and regular training, adapted to
the needs of the staff members, should be provided. In addition,
responsibilities should be functionally separated and mechanisms
to process complaints need to be in place.
Controls. Both services should be subject to regular internal
and external controls. In order to make controls effective, performance
standards (relating to revenue targets and service standards) as
well as codes of conduct should be in place. These codes need to
be backed up by effective sanctions, which should include internal
disciplinary measures for minor offence and the involvement of law
enforcement agencies for more serious cases of fraud and corruption.
The establishment of special vigilance units can support internal
controls.
Customer surveys are useful tools to diagnose problems and monitor
the ongoing effects of reforms.
Gill, Jit, (2001): Customs: Developing an Integrated Anticorruption
Strategy, in: Kaufmann, Daniel and de Asis, Maria Gonzalez and Dininio,
Phyllis, (2001): Improving
Governance and Controlling Corruption, World Bank Institute
Decentralisation - the transfer of political, economic and fiscal
decision-making powers from a central to a local government level
- is not an anti-corruption measure per se. Devolving power from central
government agencies for the benefit of independent sub-national units
that gain their own legitimacy through elections is expected to result
in better allocative and productive efficiency of the national and
sub-national public services.
Decentralisation reforms are supposed to act against maladministration
and inefficiency by:
Bringing the decision-making power closer to the people concerned.
Local elected officials are likely to be linked to the local context
and feel not only the moral obligation to serve their community
well, but will also have a vested interest in doing so.
Deconcentration of state power. The decision-making powers are
no longer concentrated in one central body, which reduces room for
discretion and secrecy. Furthermore, citizens at the local level
should be better able to monitor their local government's actions,
which will result in higher accountability.
However, a poorly designed and implemented decentralisation programme
is likely to lead to more corruption and waste of resources, not less.
Among the risks encountered are the decentralisation of corruption
by increasing the number of corrupt opportunities, political capture
of the new local agencies through local elites, a decrease in public
service delivery caused by maladministration and insufficient local
capabilities, and macro-economic instability caused by red tape and
insecurity.
Prerequisites for a successful and corruption-free decentralisation
programme include:
An enabling institutional environment in place before decentralisation
takes place to prevent resources being shifted to insufficiently
prepared sub-national entities.
Political will especially on the central state level to make the
reform programme work.
Political and administrative capacity of both local governors
and civil servants.
Controls and enforcement / oversight that is both local and national,
thus not limited to local interests.
An empowered civil society that is aware of their rights and duties
and those of their local and national government, and that possesses
the will and ability to enforce those rights. Education may be used
as a tool for empowerment.
Transparency of and access to information about the decentralisation
process at all times for accountability purposes.
The inclusion of anti-corruption measures in the reform programme.
Political parties fulfil a variety of essential functions in a democracy:
they represent the interests of a section of society on the political
level, recruit and train politicians and contribute to the political
education of society. They are the vital link between politicians
and civil society.
The funding of political parties is a necessity. Democratic politics
cannot proceed without substantial financial resources that allow
parties and party officials to fulfil their legitimate role in a satisfactory
way. Parties obtain their funds from two main sources:
The state through either direct (public subsidies) or indirect
(subsidies-in-kind) payments.
Private individuals or corporations, ideally supporting a party
for ideological reasons but often anticipating direct or indirect
returns.
A third source of funding, which is imporant particularly - but not
exclusively - in the context of emerging democracies, stems from foreign
public and private sources. Financial assistance from abroad is often
welcome and necessary, but it bears a number of potential risks for
the sustainability and integrity of democracies that must be weighed
against its benefits. It has been argued that foreign donations lead
to the perversion of a party system by draining political parties
less likely to defend the interests of the respective donors of resources
and hence of political power. Furthermore, since few new democracies
require and enforce the disclosure of private contributions, the potential
threat to the integrity of parties and party officials is high.
Funding enables political competition, which is not only vital for
a democratic system but also an important safeguard against the excessive
creation of corrupt networks by any one party in power.
However, party financing is also a potential source of corrupt influences.
Political success often depends on access to financial resources.
The temptation to accept political contributions in return for improper
advantages may be too big to resist, in particular during election
campaigns.
Corrupt political parties generate a number of problems:
The capture of politics by particular interests. The need to finance
political campaigns introduces incentives to favour special interests
in return for special treatment and to the detriment of the general
[public] interest.
Discrimination against financially less powerful groups within
society.
Loss of credibility of party politicians and resulting voter apathy
as illegal contributions and the bribery of politicians undermine
the legitimacy of the political system.
Bad handling of reforms like, for example, privatisation exercises:
Explicit rules to prevent corruption in party funding must be in
place in every democracy. Mechanisms most commonly used to control
the flow of money into the political process are the introduction
of limits on campaign expenditures or contributions from individuals
to avoid capture of political parties, of disclosure regulations where
it is mandatory for parties to lay open the names of donors and the
amount received, and of bans on certain types of contribution like,
for example, donations from foreign corporations. Another option is
an increase in direct state funding to minimise corrupt opportunities.
These measures are designed to minimise improper practices by introducing
deterrents such as increased transparency and accountability requirements
as well as specific regulations on the scope of private contributions,
but they are notoriously difficult to enforce.
Prerequisites for a less corruption-prone party-financing regime
include:
A system of clear rules and regulations specifying the requirements
for legal funding and identifying the institutions and/or oversight
bodies in charge of their enforcement.
The establishment of voluntary behavioural standards, such as
codes of conduct, as a means to raise awareness as to which behaviour
is expected.
An alert media willing to expose illicit practices. This has,
in some instances, already caused the private sector to rethink
its financing of political parties.