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Corruption & Anti-corruption Iftekharuzzaman Executive Director Civil Service Academy 30 July, 2011 Corruption & Anti-corruption Iftekharuzzaman Executive Director Civil Service Academy 30 July, 2011

Part I Corruption in Bangladesh: Measures, Causes and Impact Part I Corruption in Bangladesh: Measures, Causes and Impact

Bangladesh – many reasons to be proud of • Steady economic growth: 5 -6% Bangladesh – many reasons to be proud of • Steady economic growth: 5 -6% since 1990 s • Human Development Index (HDI): 0. 365 (1980) ►► 0. 547 • Multidimensional Poverty Indicator (MPI 2010): Ranked 73 rd , ahead of India (74) & Nepal (82) • Pop growth: 2. 5 (1980 s) ►► 1. 4 (2005 -10) • Gross prim enrollment: 72% (1980)►► 98% • Child mortality: 239/1000 (1970) ►► 69/1000 • Maternal mortality: 322/100, 000 (2001) ►► 194/100, 000 • Population in poverty: 59% (1990) ►► 31% • Vibrant private and non-government sector • People have always given their choice for democracy and integrity All these - inspite of well-known governance failures and pervasive corruption. (e. g. , 77% of people outside the benefit of GDP growth - BBS)

CORRUPTION • A global problem • Abuse of power for private gain - power CORRUPTION • A global problem • Abuse of power for private gain - power in the government & outside; economic, political, social Types of Corruption – by process • Coercive corruption • Collusive corruption Types of Corruption - by size/volume • Grand corruption • Petty corruption Types of Corruption - by key actor • Political Corruption • Public Sector Corruption • Private Sector Corruption • Intellectual Corruption Institutionalized/Systemic Corruption

Sumon Wahed/Age 20 Remember how to spell “honesty”? Sumon Wahed/Age 20 Remember how to spell “honesty”?

Measuring Corruption Transparency International Tools • Global Corruption Report – Annual research report by Measuring Corruption Transparency International Tools • Global Corruption Report – Annual research report by international and country experts on a selected theme, e. g. , Climate Change (2011) Environment (2010), Private Sector (2009) Water (2008), Judiciary (2007) • Bribe Payers Index – Measure of bribe-paying by foreign firms in countries of destination • Global Corruption Barometer - survey of public attitudes toward and experience of corruption • Corruption Perceptions Index – international ranking (score) based on Survey of Surveys on perceptions of business, business analysts, investors, investment analysts and country specialists on political and administrative corruption.

GCB-2010: Highlights • Opinion & experience survey on people’s perceptions & experience of corruption GCB-2010: Highlights • Opinion & experience survey on people’s perceptions & experience of corruption • How respondents rate their government in the fight against corruption. • People’s experiences with bribery when interacting with different public services & reasons to pay bribes. • Changes in corruption levels in the past 3 years, as perceived by the general public (where applicable). • Whom does the public trust the most to fight corruption in their country. • People’s attitudes towards fight against corruption and taking anti-corruption stance

A Global Problem: Percentage of people who viewed corruption increased over previous 3 years: A Global Problem: Percentage of people who viewed corruption increased over previous 3 years: Globally, regionally & Bangladesh Source: TI, Global Corruption Barometer 2010

Corruption Perceptions Index • Ranking of countries by the degree to which corruption is Corruption Perceptions Index • Ranking of countries by the degree to which corruption is perceived to exist among politicians and public officials • CPI - a Composite index, poll of polls, on corruptionrelated data from 10 -15 surveys by independent and reputable institutions. • CPI reflects views from around the world, including those of experts who are living in the country and outside on corruption and the capacity of the government to control it. • TI Secretariat, Berlin, conducts the research based on raw data from international surveys – international group of experts • TI-Bangladesh and/or any other TI Chapter has no role in CPI

Results CPI 2010 – the top & the bottom Countries where corruption is perceived Results CPI 2010 – the top & the bottom Countries where corruption is perceived to be lowest Rank 1 2 3 Country Denmark, New Zealand, Singapore Finland, Sweden Canada, Holland, Australia, Switzeland, Norway Score 9. 3 8. 6 -8. 9 Countries where corruption is perceived to be highest Rank Country 176 Chad, Burundi, Eq Guinea, Angola Sudan, Turkmenistan, Uzbekistan 178 Iraq 179 Afghanistan & Myanmar 180 Somalia Score 1. 7 -1. 9 1. 6 1. 5 1. 4 1. 1

Corruption Perception Index (CPI) Bangladesh's score from 2001 to 2010 (in a scale of Corruption Perception Index (CPI) Bangladesh's score from 2001 to 2010 (in a scale of 0 -10) Source: Transparency International, www. transparency. org

CPI: Performance of South Asian Countries 2009 -2010 Country Sl Score 2009 2010 Rank CPI: Performance of South Asian Countries 2009 -2010 Country Sl Score 2009 2010 Rank (from below) 2009 2010 1 Bangladesh 2. 4 ► 13 2 Afghanistan 1. 3 1. 4 ▲ 2 2 (176) ► 3 Pakistan 2. 4 2. 3 ▼ 13 11 (143) ▼ 4 Nepal 2. 3 2. 2 ▼ 12 10 (146) ▼ 5 Maldives 2. 5 14 11 (143) ▼ 6 India 3. 4 2. 3 ▼ 3. 3 ▼ 23 21 (87) ▼ 7 Sri Lanka 3. 1 3. 2 ▲ 20 20 (91) ► 8 Bhutan 5. 0 5. 7 ▲ 36 44 (36) ▲ (n-th out of 178 countries) 12 (134) ▼

TIB Tools of Measuring Corruption • National Household Survey on Corruption (in the service TIB Tools of Measuring Corruption • National Household Survey on Corruption (in the service sector - experience-based not perception or opinion) • Diagnostic Studies • National Integrity System Monitoring – Parliament Watch • Citizens Report Cards • Corruption Database • Issue-based studies – UNCAC, Ombudsman, RTI, Humanitarian Assistance, Human Security, Water Integrity, Political Funding

Percentage of households who experienced corruption* é 52. 7 25. 9 é 45. 9 Percentage of households who experienced corruption* é 52. 7 25. 9 é 45. 9 Agriculture 45. 3 Local Government 43. 9 Health ^ 44. 1 33. 2 Insurance 19. 2 Banking 17. 5 é Education é é é 71. 2 51. 3 33. 2 Electricity 96. 6 79. 7 Land Administration é Incomeé VAT & Customs Tax, é 88. 0 Law enforcement Agencies é 47. 7 Judicial Services 28. 7 2010 2007 39. 2 15. 3 13. 5 10. 1 NGO Others é Overall 35. 5 34. 1 66. 7 0 10 20 30 40 50 60 70 84. 2 80 Source: TIB: National Household Survey 2007, 2010 *Bribery plus other forms of harassment 90 % of HHs 100

Average rates of bribe in Taka collected per service recipient Judicial Services 7918 Income Average rates of bribe in Taka collected per service recipient Judicial Services 7918 Income tax, VAT & Customs 6734 Land Administration ~ 6116 Insurance 3949 Law enforcement agencies 3352 Banking 1928 Electricity 1834 Local Government 913 NGO 549 Health ^ 463 Agriculture 310 Education 168 Others 6804 Overall 4834 0 1000 2000 3000 4000 5000 TK 6000 TIB: National Household Survey, 2007 -2010 7000 8000 9000

 In substance Corruption has a bias against the Poor • Key challenge against In substance Corruption has a bias against the Poor • Key challenge against development, democracy and rule of law - more than CPI ranking • Opportunity Cost: @ 2 -3 percent higher GDP growth • Key institutions of democracy (NIS) rendered ineffective – justice and rule of law jeopardized • The poor are most adversely affected – access to public services like education, health, justice, utilities and individual safety became a function of the capacity to make unauthorized payments.

National estimate of bribery* Per household National **1. 4% of GDP, 8. 4% of National estimate of bribery* Per household National **1. 4% of GDP, 8. 4% of national budget 2009 -10 * Petty corruption only, at the service delivery end in selected sectors TIB: National Household Survey, 2007 -2010

Corruption – bias against poor Ratio of Household Income lost to Bribery 4. 5 Corruption – bias against poor Ratio of Household Income lost to Bribery 4. 5 4 3. 5 3 2. 5 2 1. 5 1 0. 5 0 4. 11 3. 20 3. 12 2. 50 Low Income Middle Income High Income Total (<72, 000) (72, 000 -140, 000) (140, 000+) Income category by annual income in Taka (Bribery in Education, health, land administration, police, justice, income tax) Source: TIB National Household Survey 2010

Causes of corruption Structural/Institutional factors • Range of discretion - absence of checks & Causes of corruption Structural/Institutional factors • Range of discretion - absence of checks & balances • Inadequate and ineffective rules, laws and institutions • Lack of, or low level of, transparency, disclosure, accountability Personal factors • Incentives, Compulsion, Opportunities Need-based, ►► Greed-based • Cost-benefit calculation - Benefits of corruption higher than risks/costs • Low citizens awareness, involvement – Sense of Disempowerment – Lack of forum & channel • Value erosion ►►way of life ►►culture of impunity Political Economy • Investment ►Gresham’s Law; Confrontation ►►Zerosum Game

Percentage of working days (0 -80%) (74%) (60%) (34%) 5 th Parliament (43%) 6 Percentage of working days (0 -80%) (74%) (60%) (34%) 5 th Parliament (43%) 6 th Parliament 8 th Parliament 9 th Parliament (Sessions 1 -7) Zero-sum game: Boycott of Parliament by the Opposition Party

Battle for political space … Battle for political space …

Battle for political space … Battle for political space …

Political economy … “Its our turn” … Political economy … “Its our turn” …

Political economy Enforcement deficit Flouting regulations Political economy Enforcement deficit Flouting regulations

Political economy Enforcement deficit Logging freestyle Political economy Enforcement deficit Logging freestyle

Political economy Political economy

Development expenditures: Who gets what? Development expenditures: Who gets what?

Part II Combating Corruption: A strategic & multidimensional approach Part II Combating Corruption: A strategic & multidimensional approach

FIGHTING CORRUPTION • Highly challenging because of links of corruption with power. • Complete FIGHTING CORRUPTION • Highly challenging because of links of corruption with power. • Complete eradication of corruption is not realistic, nor can corruption be controlled in short term by any magic formula. • Needed a comprehensive strategy having 4 main inter-related elements: – Political will – without fear or favour – Making corruption punishable – Strengthening the institutions of NIS – Citizens awareness and demand – Ethical infrastructure

Anti-corruption infrastructure Sustainable Development Rule of Law Poverty Reduction Intern’l Coop - UNCAC Private Anti-corruption infrastructure Sustainable Development Rule of Law Poverty Reduction Intern’l Coop - UNCAC Private Sector Civil Society Media Watchdogs Bodies Public Service Election Com. Auditor General Judiciary Executive Legislature N a t i o n a l I n t e g r i t y S y s t e m Citizens Voice and Demand ► Political Will Core Moral and Ethical Values – Honesty, integrity, Patriotism, Equality, Caring and Sharing …

Does it work – National level • Demand creation backed by credible research – Does it work – National level • Demand creation backed by credible research – corruption at the core of public discourse and political agenda, election manifesto • Institutional & policy reforms – Anti-Corruption Commission – Election Commission & Electoral law reform – Public Service reform – UNCAC – Right to Information Act – Whistleblower Protection Act – NGO Governance – Anti-Corruption education – MP Code of Conduct/Conflict of Interest (proposed) – Integrity Pact (proposed)

Does it work – local level Social accountability tools at work • CRC – Does it work – local level Social accountability tools at work • CRC – Citizens Report Card/Score Card • Advice & Information Service (RTI) • Street Theatre • Citizens Charter • Participatory Budget • Budget tracking • Ft. P – Face the Public • Island of Integrity ►Integrity Pledges

The young generation - We can do it for sure The young generation - We can do it for sure

 CCC-YES India Nalitabari Muktagas a Madhup ur Savar Location of CCC-YES Sreemong al CCC-YES India Nalitabari Muktagas a Madhup ur Savar Location of CCC-YES Sreemong al India DMCH India Patia Chakariaia Bay of Bengal Myanmar

Part III The UN Convention against Corruption: State of Enforcement Part III The UN Convention against Corruption: State of Enforcement

UNCAC in brief • Name: • Adopted: • • • Opened for signature: Signatories: UNCAC in brief • Name: • Adopted: • • • Opened for signature: Signatories: State Parties: Entry into force: Bangladesh Acceded: Notable non-ratifiers: Source: www. unodc. org The UN Convention against Corruption (UNCAC) 31 October 2003 by the UNGA 9 December 2003 140 154 (May 2011) 14 December 2005 27 February 2007 Japan, Germany, New Zealand, Ireland, Saudi Arabia, Bhutan

A Global Convention A Global Convention

Bangladesh in UNCAC • TIB commenced advocacy on UNCAC on 9 December 2004 • Bangladesh in UNCAC • TIB commenced advocacy on UNCAC on 9 December 2004 • After over 2 years of campaign Bangladesh became a state party on 27 February 2007 • GAP Analysis (GIZ/IGS) • Implementation Plan adopted in 2009 • Significant progress made • Long way to go …

UNCAC – Highlights of Implications State Parties to UNCAC are committed to: – Criminalise UNCAC – Highlights of Implications State Parties to UNCAC are committed to: – Criminalise corruption in politics & public sector – Criminalize corruption in private sector, and even private-to-private through due judicial process – Corruption prevention through Institutional and legal reform (NIS) – International cooperation • Asset recovery • Technical support • Mutual Legal Assistance

CRIMINALIZATION OF CORRUPTION Criminalize Public Sector Corruption: – Embezzlement, misappropriation of public property (Art CRIMINALIZATION OF CORRUPTION Criminalize Public Sector Corruption: – Embezzlement, misappropriation of public property (Art 17) – Trading in influence (Art 18) – Abuse of functions (Art 19) – Illicit enrichment (Art 20) – Obstruction of Justice (Art 25) – Bribery (Art 15) • Offering or giving and seeking or accepting undue advantage and bribes in exercise of official duty

INTEGRITY IN PUBLIC SECTOR • Transparency, competition and objectivity in Public Procurement (Art 9) INTEGRITY IN PUBLIC SECTOR • Transparency, competition and objectivity in Public Procurement (Art 9) – Laws, regulations, rules for integrity – Disclosure and dissemination – Integrity of officials involved in procurement • Transparency and accountability in management of Public Finance (Art 10) – Procedures and reporting on revenues and expenditures – Accounting and auditing standards and oversights – Risk management and internal control – Integrity of Financial record, books and accounts – Stringent punitive measures for lapses in financial integrity

INTEGRITY IN PUBLIC SERVICE • Transparency in appointments, promotions, transfers (Art 7) • Positive INTEGRITY IN PUBLIC SERVICE • Transparency in appointments, promotions, transfers (Art 7) • Positive and Negative Incentives (Art 8) – Salaries & benefits, performance-based rewards, punishments – Zero tolerance against abuse and bribery, internal/systemic self-control, updatable asset declaration and monitoring – Strict Code of Ethics & Conflict of Interest policy – Disclosure of sources of income, assets and liabilities – Stringent disciplinary measures for violations

INSTITUTIONS, LAWS & POLICIES • Systemic/Institutional Reform for – Independence and integrity of the INSTITUTIONS, LAWS & POLICIES • Systemic/Institutional Reform for – Independence and integrity of the Judiciary to prevent corruption in judiciary and beyond – Judicial services rules of conduct (Art 11) – Criteria for candidacy, and election to, public office (Art 7) – Transparency in funding of candidates and political parties, campaigns and elections (Art 7) – Prevent Conflict of Interest (Art 7) – Integrity of other institutions of NIS, Watchdog bodies – ACC, Ombudsman (Art 6) • Right to Information (Art 9, 10, 13, 33) including whistleblower protection

PRIVATE SECTOR INTEGRITY • Private Sector Corruption (Art 12, 21, 22, 23) – criminalize PRIVATE SECTOR INTEGRITY • Private Sector Corruption (Art 12, 21, 22, 23) – criminalize private-to-public and private-to-private corruption – Bribery, Embezzlement, Laundering – establish transparency of ownership • Corporate Crime/Liability (Art 26) – Enforce criminal, civil or administrative liability for companies involved in corruption. A Company, not just person acting on his/her behalf can be directly responsible for a crime

Private sector integrity (Art 12, 21) • Standards & procedures for private sector integrity Private sector integrity (Art 12, 21) • Standards & procedures for private sector integrity – Codes of conduct in business practices – Rigorous internal controls – Transparent contractual and commercial practices with the State and among businesses • Preventing violation & misuse of Rules and Procedures • Preventing conflicts of interest - restrictions on employment or professional service of former public officials in private sector relevant to areas served • Enhance accounting standards and disclosure of financial statements and records • Punishment for non-compliance

Linking National with International Money Laundering (Art 23, 51) • Strengthened legal and institutional Linking National with International Money Laundering (Art 23, 51) • Strengthened legal and institutional regulatory and supervisory frameworks to prevent money laundering Asset Recovery (Art 55) • Return of assets and funds with the help of the host State Parties - to ensure that there is no place for stolen riches Foreign Bribery (Art 16) Bribery of foreign officials including those of international organizations is a crime irrespective of country of origin Others Mutual Legal Assistance (Art 46), Transfer of Criminal proceedings (Art 47), Law enforcement cooperation (Art 48), Joint Investigations (Art 49), Return and disposal of Assets (57) Bilateral & Multilateral arrangements (Art 59) Training &Technical Assistance (60, 61, 62 (

ROLE OF CITIZENS (Art 13) State Parties are committed to: • Recognize and promote ROLE OF CITIZENS (Art 13) State Parties are committed to: • Recognize and promote participation of citizens – in the prevention of, and the fight against, corruption – to raise public awareness regarding the existence, causes and gravity of and the threat posed by corruption leading to non-tolerance of corruption – in decision-making • Ensure effective public access to information - respect, promote and protect the freedom to seek, receive, publish and disseminate information • Promote public education programmes, including school and university curricula

Parallel Review – Implementation Reviewed § § Article 15: Article 16: § Article 17: Parallel Review – Implementation Reviewed § § Article 15: Article 16: § Article 17: § § § Article 20 : Article 23: Article 26: Article 29: Article 31: Article 32 Article 33 Article 35: Article 40: Article 42: Article 46: Bribery of national public officials Bribery of foreign public officials and officials of public international organizations Embezzlement, misappropriation or other diversion of property by a public official Illicit enrichment Laundering of proceeds of crime Liability of legal persons Statute of limitations Freezing, seizure and confiscation Protection of witnesses, experts and victims Protection of reporting persons Compensation for damage Bank secrecy Jurisdiction Mutual legal assistance

Review Process/Method § Reviewed analysed relevant country laws, reports, articles, etc. § Collected information Review Process/Method § Reviewed analysed relevant country laws, reports, articles, etc. § Collected information through interview on compliances, gaps and deficiencies, challenges and successes § Information collected from government bodies was cross-checked with legal experts Sources of information § Government Bodies: Ministry of Law, Justice and Parliamentary Affairs, Ministry of Foreign Affairs, Bangladesh Bank § Anti-corruption Commission § Legal Experts § Relevant website and other media

Notable inadequacies/concerns § § § Political will not enforced without fear or favour Partisan Notable inadequacies/concerns § § § Political will not enforced without fear or favour Partisan consideration in anti-corruption agenda Initiative to amend the Anti-Corruption Act Corruption cases void on technical/political grounds Much to be desired from the justice system Public service, Police, Justice system subjected to partisan political influence Amendment to Public Procurement Act & the like Insufficient knowledge & awareness about UNCAC Low level of coordination & monitoring of implementation, low capacity of focal point Shrinking space for critical/dissenting voice

UNCAC Stakeholders • • Government Political parties and political leaders Pillars of NIS The UNCAC Stakeholders • • Government Political parties and political leaders Pillars of NIS The UN and other international actors – development partners, bilateral, multilateral, multi-nationals • Citizens - NGOs, CBOs, CSOs – people at large

Whom do people trust more to fight corruption? Globally and in Bangladesh TI: Global Whom do people trust more to fight corruption? Globally and in Bangladesh TI: Global Corruption Barometer 2010

Bangladesh Role of people in the fight against corruption Globally and in Bangladesh Bangladesh Role of people in the fight against corruption Globally and in Bangladesh

www. ti-bangladesh. org (Corruption) Youth power Thank you edtib@ti-bangladesh. org 9862041, 01711 -548717 www. ti-bangladesh. org (Corruption) Youth power Thank you [email protected] org 9862041, 01711 -548717