Corruption and its dimensions

The dictionary definition of corruption is "lacking in integrity or dishonest practices". The most agreed common definition of corruption seems to be "the misuse of public power for private profit or gain".

Indicators
There are also many indicators to assess or measure corruption. One of them appears to be the existence of affluent living standard of a public official compared to his/her declared income or assets or without explanations.

Tap here to add The Daily Star as a trusted source

Corruption occurs when a public official expects a bribe or gifts for doing an act which that public official is ordinarily required to do by law. In other words, when it includes additional payments to get things done.

For example, a retired government servant is entitled to get his/her pension after completion of certain number of years in service. The question is: does the retiree individual get it readily or easily? A motor car owner is entitled to get his vehicle's registration done annually. Can the owner do it easily? Can a passport be issued to a citizen without hassle? The answer will rest on the individuals who had gone through such experience.

If politicians or administrators or local civil servants misuse their public powers for private gain, they will be designated as corrupt persons. The other dimension is that any decision by a corrupted person is legally flawed or immoral because it is determined by extraneous considerations. All these constitute lack of respect of the corruptor and the corrupted for the rules that govern the transactions.

Anti-Corruption Commission
On 21st November last, the government has constituted a three-member Anti-Corruption Commission, headed by Justice Sultan Hossain Khan, and thereby fulfilled the long-standing demand of the people. The establishment of the Commission has assumed its importance because the Berlin-based Transparency International has put Bangladesh on the top of the corruption list among 133 countries for the last three years.

Although there is a difference of opinion on the criteria to measure corruption in the country, perception of the image of the country listed as such has both direct and indirect impact on international community, especially on donors. While Bangladesh is eligible for generous assistance in the eyes of international community, its image of corruption seems to place many donors in a dilemma. Faced with the dilemma, donors are actively encouraging, as part of aid, conditionality, institutional and policy reforms for improved and transparent governance, to eliminate corruption.

Viewed in this context, the sooner corruption is controlled in all public spheres within the country, the better will be the image of Bangladesh. Elimination of corruption is a long term-goal and partly depends on the level of economic development of society. The former Prime Minister of Malaysia, Dr. Mahathir Mohammad, during his recent visit to Bangladesh, has been quoted to have said that corruption "under the table" was tolerated in many countries, corruption "over the table" was not acceptable.

The Anti-Corruption Commission has been entrusted with difficult and onerous task. The Commission will only be able to discharge its functions properly with cooperation of government and all sections of the community.

Obviously the image and the functions of the Anti-Corruption Commission deserve attention of the government. The relevant question is: Does the structure of the Commission have any status under the Constitution? In other words, whether the Commission is a constitutional body?

The answer to the question will provide the level of authority and independence of the functions of the Commission. It is noted that the Commission must be seen as an independent body from the executive and in no manner it should be perceived as being controlled directly or indirectly by the government.

Corruption and governance
Corruption, in turn, brings back the fundamental question of governance. On the question of governance, the World Bank has undertaken a study to construct indices relating to various aspects of governance. Governance includes rules, procedures, and institutions by which public power is exercised.

Some experts say that governance comprises of four important ingredients: (a) well-considered formulation and implementation of pubic policies, (b) de-centralisation or delegation of power to appropriate officials, (c) clear-cut and transparent processes by which public servants take their decisions and (d) forum for and speedy redress of complaints lodged by aggrieved citizens.

Furthermore six broad indicators of governance are listed by the World Bank in an internal memorandum and they are: voice and accountability; political stability; government effectiveness; regulatory quality; rule of law; control of corruption.

If analysed, the above indicators contain several ingredients. The first one embraces various means of people's participation in decision-making process and civil liberties. The second one implies how government is changed. Is it through democratic election or not? The third and fourth include the quality of public service, skill and efficiency of bureaucrats and independence of bureaucrats from political pressure. The fifth one indicates fairness and justice through the process of predictable rules of procedure in case of violation of rights or contracts, independence of judiciary and law-enforcing agencies. The last one means perception regarding the level of corruption.

Although the measurement of governance is not precise, the level of standard of governance can easily be measured in a given situation with the help of above indicators.

Corruption and human rights
Many human rights activists, lawyers, jurists and almost everyone with any sense of justice consider that the fight for human rights and the fight of corruption share a great deal of common ground. As the sun cannot be separated from sunshine, corruption cannot be detached from violation of human rights. It is also argued that a corrupt government which rejects both transparency and accountability is not likely to be a respector of human rights.

A catalogue of human rights has been enumerated in the 1948 Universal Declaration of Human Rights, adopted by the General Assembly of the UN. These rights have now become a part of common law by their usage and practice over more than five decades. Many constitutions of countries reiterate these human rights for their enforcement and the 1972 Bangladesh Constitution is an instance (Part III of the Constitution -- Titled Fundamental Rights).

Let me cite two hypothetical instances to illustrate how corruption leads to gross violation of human rights.

Violation of equality of treatment: Every citizen is entitled to equality of treatment from public officials in the exercise of their powers, duties and functions. Any distinction that is made between persons must be based on a rational or reasonable basis. For instance, a blind person may not be provided a driving licence.

But when a distinction is made by a public official for a person without any reasonable ground or on the basis of irrelevant considerations and a public official confers a privilege on that person to the exclusion of others, that involves discrimination.

That means that the person who was denied the privilege has not received equal treatment and that amounts to gross violation of human rights.

Violation of the right to access to water: Every citizen has a right to access to water for a living. A shallow hand pump that was installed three years ago in a village to provide supply of fresh water is no longer in use because the technician installing it sold a key part of the pump in collusion with a public official. The result in effect denies access to water to individuals that in turn is a violation of basic human rights.

Impact
Corruption undermines both economic and political bases for development. It deters flow of foreign investment in a country. Corruption is vicious and symbolises of a decadent society. The whole society suffers from corrupt practices of public officials. Gradually the society loses its confidence and trust on the government.

According to the World Bank, every year corruption costs about US$ 1.5 trillion and this figure is only an approximate calculation because corruption is largely secret.

UN efforts to curb corruption
Last December a world conference was held in Mexico and 128 countries participated in it. A draft UN Convention Against Corruption was agreed upon. The document is a comprehensive framework for domestic and international corruption. The Convention treats corruption as something more than a simple crime because it distorts justice. Eighty-seven countries have signed it.

The signatory countries are required to enact appropriate laws against corruption, and assist other countries in detecting illicit funds. They are also obliged to open up money-laundering investigations, expedite extradition of corrupt persons and prevent the establishment of bogus banks used for money-laundering. The UN has distributed a Manual with 44-legal, economic and political recommendations for countries to fight against corruption.

Conclusion
When a government of a country fails or neglects to curb spread of corruption, one may conclude that government also fails to fulfil its obligation to promote and protect the fundamental human rights of the people of the country.

The fight for political, social, economic and cultural rights is often inextricably linked with the fight against corruption. The elimination of corruption and the protection of human rights are interdependent. This brings to my mind what the great theologian and political thinker Reinhold Niebuhr wrote in 1940: "We must work for the greatest possible justice in human society and yet we know that sinful self-interest will corrupt every scheme of justice that we elaborate."

Barrister Harun ur Rashid is a former Bangladesh Ambassador to the UN, Geneva.