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Wednesday, 4 March 2015 00:00 - - {{hitsCtrl.values.hits}}
To say we must eliminate corruption is easy; to do it is difficult.
Great enthusiasm alone will not guarantee success. Collecting scraps of information, putting them into files, and sending them to the office of the Bribery Commission will not solve the problem.
The way forward is to understand the different types of corruption and to put in place specific mechanisms for preventing each type of corruption. This will require laws that will facilitate, investigation and prosecution, and structures and processes. This could take a little time. That’s for dealing with the future. What can be done immediately to deal with what has already happened?
Sustaining credibility
Wide publicity has been given to various acts of corruption. The political campaign was based on creating a just society and convicting those guilty of corruption. If this does not happen quickly, the Government will lose all credibility, as a government committed to eliminating bribery and corruption.
The people will have every right to believe that it was just a song with a catchy tune to win an election. If it was not a gimmick and was a serious commitment to eliminate corruption, but are then unable to obtain any convictions for corruption, it means the Government is totally incompetent. This will bring into focus the question of whether they are capable of governing the country.
Get the low-hanging fruit
As the saying goes, first get the low-hanging fruit that can be picked easily. At this stage perhaps, the best option is to pursue what can be proved easily and quickly. This may not get into the net the really big fish and the massive hauls of corrupt money, but it will demonstrate a will and capability to put corrupt people in jail.
Assets that cannot be explained
A careful scrutiny of a person’s assets will flush out those who cannot explain from where they got the money to buy these assets. Some will keep them in the names of others. This simple option must be probed by looking at the assets of relatives and friends.
All Parliamentarians and others working in State organisations have to make an annual declaration of assets. This provides a good starting point. Increases in the annual declaration, and of course undisclosed assets, should be rigorously investigated.
A neat trick
Recent events suggest that there is another neat trick if it can be arranged. That is to create another identity with a different name, ID, and passport and then to keep the ill-gotten wealth in the name of this identity.
Getting convictions
Dedicated resources must be assigned to this first phase task of getting convictions that appear to be feasible and can be accomplished quickly task. Three things are required, good dedicated investigators, top flight legal resources to prosecute, and some courts reserved for these trials so as to finish them quickly. Without these facilities success will be elusive.
The anatomy of corruption
There is a wide variety of ways in which corruption takes place. It is only by forming a clear understanding of the anatomy of corruption that it will be possible to put in place measures to prevent corruption in the future. This process of getting a good understanding will also help to pursue what has already happened.
Mega projects
It is the mega projects that provide the big pots of money for the corrupt. The process is remarkably simple. These projects will come within the personal purview of the political big shots. All they have to do is to name the price to be paid to be given the contract. The foreign contractor will have no problem about paying the money in any part of the world. Perusing assets declared and looking for undisclosed assets in Sri Lanka will draw a blank. The money will be sitting smiling in foreign lands, in foreign banks, probably, deposited in the name of an off shore company, with foreign directors. They could have a power of attorney from the local crooks to manage this process. They do not have to disclose that they are acting under a power of attorney.
Government tenders
Every year a substantial amount of money is spent on a wide variety of projects, which are awarded through a tender process. For every tender there is a technical evaluation committee that evaluates the bids and makes a recommendation to the Tender Board.
The contractor will have a local agent who will pocket a fat fee if they get the contract. The local agent will try to influence the decision by bribing the Technical Evaluation Committee to recommend his bid.
Local authority tenders
A large number of contracts are given by local authorities using the funds allocated by the Treasury. It is easy for the politicians to influence the decisions of awarding tenders. Most of the money made by the run-of-the-mill politicians will be from this source. Over the years substantial sums can be accumulated.
Getting approvals
We are riddled by laws and regulations. To do the simplest of things like building a house a large number of approvals have to be obtained. Those who have to give approval will sit back and do nothing until the money is put into their pocket. There are of course people who will do their job expeditiously, without being bribed, but they are indeed a minority. The big bribes are earned when they give approvals for things that cannot be approved.
Bribing officials
There is a wide variety in this segment. Bribing customs officers not to charge duty. Bribing police not to prosecute illicit liquor manufacturers, drug peddlers, etc. Bribing traffic police not to pursue traffic offences, etc. An interesting piece of research a reader can do is to look at 10 ordinary policemen. They are thin. Then look at 10 traffic policemen, at least eight will be fat. That relates its own story.
Putting the processes in place
Careful thought must be given to each of the areas described and other similar areas.to devise checks and processes that will prevent corruption. This by no means an easy task. The criminal mind will look for loopholes, and it will become a challenging game of chess to outwit the crooks.
Laws must be framed that will facilitate prevention of fraud and facilitate successful prosecutions. The entire area must be addressed, protection of witnesses, huge penalties for perjury, and obstructing the law enforcement agencies etc.
The missing link
The focus of allegations of corruption in the media have been almost solely on those who have made money. Arguably the bigger offender is the giver of the bribe. If there are no givers there can be no takers. If one can stop the giving, corruption will fade away. The laws must be strengthened with a vengeance to provide draconian punishments to those who give bribes. For sums above a specified number there should be a mandatory death sentence with no provision for pardons. That will send a strong message.
The black coat brigade
The present scenario is that often a lawyer will defend anyone. They will us every legitimate ruse to get an acquittal. The quality of the defence lawyers may on occasion be much superior to the sergeant or inspector prosecuting or even the State counsel who appears for the prosecution. In this tussle many who are guilty will get acquitted. The Bar Council should give careful consideration for a socially-responsible attitude from the legal fraternity and resolve not to defend those who they know are guilty.
A combined effort
Many parts have to come together in any society, to eliminate corruption. A political commitment, a police that is dedicated to pursue wrongdoers, a Judiciary that is strict, a legal fraternity that is responsible, and civil society including the religious leaders committed to change the values in society.
(The writer could be reached via [email protected].)
