Table of Contents
Part 1. PROBLEM ANALYSIS:
1.1. Background6
1.2. Administration6
1.4. Who is Corrupt and Who are the Victims8
Part 2. CURRENT GOVERNMENT’S POLICY EFFORTS TO ADDRESS CORRUPTION:
2.1. Policy Efforts ……….………….…………………………………………..…………….…...8
2.2. Existing Anti-corruption Institutions…………………………………………..……………..9
Part 3. Dimenstion, Cuases and Negative Impact of Corruption:
3.1. Nature of Corruption……………………………………………………………………….....9
3.2. Extreme Poverty……………………………………………………………………………...10
3.3. Government Faluire 10
3.4. Fragile Security and Political Instability……………………………………………………..11
3.5. Law Enforcement Agencies Failure………………………………………………………….11
Part 4. COMPARATIVE ANALYSIS:
4.1. Media 'Watchdog' role……………………..………………………………………………...12
4.2. Media as a Tool against Corruption………………………………………...……………….14
4.3. Lessons from Japan for Afghanistan…………………………..……………………………14
Part 5. ACCESS TO INFORMATION:
5.1. Right to Information (RTI) Successful Experience…………………………………………18
5.2. Legal Feasibility in Afghanistan for the RTI………………………………………………..19
Part 6. CIVIL SOCIETY:
6.1. Definition……………………………………………………………………………………20
6.2. Civil Society in Afghanistan…………………………………………………………………21
6.3. Afghanistan Civil Society Entities ( NGO’s)………………………………………………..21
6.4. Community Council of Elders……………………………………………………………….22
6.5. Interest Groups……………………………………………………………………………….22
6.6. NIGERIA - a lesson for Afghanistan………………………………………………………..23
6.7. Background…………………………………………………………………………………..23
Part 7. ENFORCEMENT AGENDA:
7.1. Enforcement Institutions……………………………………………………………………..27
7.2. Anti-Corruption Agencies……………………………………………………………………30
7.3. Analysis of Existing Anti-Corruption Laws, Regulations, and Policies……………………31
Part 8. RECOMMENDATIONS:
Policy Recommendation One………………………………………………………………….....31
Policy Recommendation Three…………………………………………………………………...35
Part 9. IMPLEMENTATION STRATEGY..………………………………………………….38
Executive Summary:
Like many other countries in the world,
The invasion combined with the civil war and protracted conflict has remarkably hindered economic growth in this country. Currently,
It is worth noting, that in late 2001, following the fall of the Taliban regime, a new era began blossoming in Afghanistan’s history—direct intervention of the international community in the country.
Production of illicit drugs is another causal factor that has led to a shift toward corrupt practices in
As will be demonstrated in the discussion that follows current government efforts have overall been ineffective in decreasing corruption. Furthermore, implementation of the current strategy has proved counter-productive in some instances; public frustration has encouraged people to seek alternative service provider (joined hand with the Taliban), which further jeopardizes an already fragile state. In our findings, Afghan citizens understand that the central government is weak and in some areas doesn’t even exist, public administrators’ salaries are very low, frequently not paid, a long history of the devastating war, conflicts, fragile security situation all provoke everyone to resort petty corrupt practices, which are a low risk and high profit activity in order to take it from day to day. As reported by the United Nations Office on Drugs and Crime (UNODC), the salary paid by the government is one-tenth of the income that is gained from corruption – such a high income from low risk petty corruption making the opportunity cost of not resorting only to the government payment.
This paper analyzes “Administrative corruption in Afghanistan” as a problem study and introduces a comparative analysis of best practices from benchmarking model countries which are less corrupt with more successful anti-corruption experiences: India has applied the RTI (Right to Information) Act as a solid mechanism of curbing corruption; Russia has built a strong legal base for anti-corruption struggle; a successful role of strong investigative media clarifying corrupt cases in Japan; the civil society and public role in eradicating corruption in Nigeria. The comparison will allow for insightful policy recommendations of successful strategic options used in these countries. Likewise, the paper will discuss the advantages and challenges of each option related to efficiency, equity and political feasibly.
The authors have concluded that any policy that can be successful in addressing the corruption issue, and achieves the goal of improving governance, rule of law and the social service delivery in Afghanistan has to recognize that it is not Pareto-efficient to curb socially accepted practices of bakhshish (gift/tip) without providing civil servants with an adequate salary and without addressing the issue of massive poverty in this county.
The analysis also considers the policies that could instead reconfigure the dynamics of booming corruption, such as secrecy of public information, highly centralized government, monopoly excursive of power, unlimited discretion of power, lack of public participation and civil society in a political process. The policies would also aim to reduce the externalities that are currently imposed by a massive poverty, weak rule of law, Afghan kinship, and social acceptance of corruption and high expectation of family’s friends from civil servants. In this vein, these brief analyses lead to three potential policies: a) Legalizing access to official Information; b) “Reform program” of judiciary, and c) Public/civil society for anti-corruption program (1.Elected governors, 2. Open debate of civil society, 3.Strong media role).
The proposals of each have its merits and demerits relative to societal benefits and costs, which the government will need to consider in its decision-making. For the reasons explained in the conclusion of this brief, the authors recommend that the government adopt the implementation of a hybrid of two policy options: Judiciary reform program combined with strong independent media and elected governors in the short-run and Legalizing access to official Information and civil society engagement and civic education as a long-run sustainable strategy. In our view, this phased and multi-pronged approach would provide the best chance to succeed in meeting the goals of restoring the integrity of public administration and improving social service delivery and good governance in
Part 1. PROBLEM ANALYSIS:
1.1 Background:
| Facts & Figures | |||
| Land area: | 652,090 km2 | ||
| Population: | 28.89 million (2009 forecast) | ||
| Population growth rate: | 4.00% (2006) | ||
| Urban population: | 24% of total population (2008) | ||
| Life expectancy: | 44.5 men; 44 women | ||
| Religions: | Muslim 99%, others 1% | ||
| Internet users: | 1.84% of total population (2008 est.) | ||
| Telephone subscribers: | 17.50% (2007) of total population | ||
| GDP per capita 2009: | US$870 | ||
| GDP Growth Rate 2008/09: | 17.8% (estimated) | ||
| GDP by sector: | Agriculture: 31%; industry: 26%; services: 43% | ||
| Infant Mortality: | 115 per 1,000 live births | ||
| Unemployment rate: | Over 40% | ||
| Adult literacy: | 43% men; 14% women | ||
| Poverty: | 53% of the population living on wage less than USD $2 day | ||
| Labor force by sector(2004): | Agriculture: 80%; industry: 10%; services: 10% | ||
| Adapted from Global Finance | | ||
1.2. Administration:
The current infrastructure and capacity of the Afghan Administration are not responsive to the daily basis development and social political and economic needs of the country.
1.3. Corruption: What is it and how does it occur?
There is no question that corruption is, before anything else, a type of crime, thus making it and other types of crime highly correlated. Generally corruption has been defined by the UNCAC as an “abuse of public property and authority for personal gain.” In most cases it is an underhanded deal between a bribe taker, a giver and the middlemen. However, according to the Afghan National Anti-Corruption Strategy (ANACS) corruption is not limited to bribery. It also includes abuse of public properties for personal benefit, nepotism, cronyism, mediation, influencing actions to gain personal benefits, illegal use of public position, not paying taxes, money laundering, theft of public properties, embezzlement, the cultivation, production and smuggling of drugs, irregularity and fraud in election process and so on. The evidence shows that one of the main factors behind corruption in
Corruption = Monopoly Centralized Power + Unlimited Discretion – Accountability
As a result, the threats posed by corruption strike at the core of the nation itself. It impedes efforts to rebuild a nation torn by decades of civil armed conflicts and widely contributes to the instability of the country. This unpleasant phenomenon is a growing challenge in front of the fragile government and new-born democracy in
1.4. Who is corrupt and who are the victims? To what extent does corruption impact the life of the people?
Administrative corruption is an illegal activity, imposed on the people and society in an organized manner inside the structures of the government either by corrupt bands or by separate officials. Corruption causes distrust, loss of confidence, and an inability to close the gap between people and governmental agencies.
According to the USAID’s (2008) corruption assessment,
Part 2. CURRENT GOVERNMENT’S POLICY EFFORTS TO ADDRESS CORRUPTION:
2.1. Policy Efforts:
The Afghan government, along with international community, has committed itself to take concrete actions in elimination of corruption within the country. The government has given priority to curbing corruption in several key national documents, including Afghan National Development Strategy (ANDS) as well as the Afghan Compact. Recently the United Nations Security Council has passed a resolution that mandated the UNAMA (United Nations Assistance Mission in Afghanistan) to put in effort jointly with the Afghan government the rule of law in order to effectively combat corruption in this country(S/2009/9624)[x]. The Afghan government has re-announced its strong commitment to eliminate corruption and has taken paces in this regard, including establishment of the Anti-corruption body in 2008 (High Office of Oversight), ratification of the United Nation Convention against Corruption (UNCAC)[xi] by the Afghan parliament in August 2008 and development of the National Anti-corruption Strategy (NACS).
2.2. Existing Anti-corruption Institutions:
Currently there are twelve institutions including police, the Attorney General Office (AGO), the Control and Audit Office (CAO), the High Office Oversight (HOO), [xii] the independent Administrative Reform and Civil Service Commission (IARCSC) and the Supreme Court. While these anti-corruption institutions are in place to work for strengthening the national integrity system of the country, their work is inadequate and their public outreach is limited. They lack experts and professional employees, and their legal jurisdictions are unclear and in most cases overlapping with other organizations which further complicate and restrict the use of available legal instruments.[xiii]
Part 3. DIMENSION, CAUSES AND IMPACT OF CORRUPTION:
3.1. Nature of Corruption:
According to the World Bank’s Institute, the research paper (Role of Media Curbing Corruption by Rick Stapenhurts) claims that causes of corruption are rooted in the Country’s social and cultural history, political and economic development, bureaucratic traditions and policies.[xiv]A low salary scale, vague administrative procedures, unlimited discretion and lack of ethical code, traditional Afghan kinship have created an expectation of those who are working as senior officials to give unconditional-support to their kin and relatives (family and ethnic groups). Corruption has deeply integrated into the social interactions of the people, for instance, a Bakhsheesh (tip/gift) giving-taking process has converted into a usual administrative practice. Administrations with such characteristics are not able to deliver good-quality services efficiently or quickly enough to address the public needs. In addition, the appointment of governors, deputy ministers, judges, chiefs of police in provinces, district governors, mayors and other senior officials, in most cases is exercised by the President. Such a process has significantly increased dependency on the central government and centralization of power around the President, leading to further corruption and disorder.[xv]
2.3. Extreme Poverty:
"When public money is stolen for a private gain, it means fewer resources to build schools; hospitals, roads and provide food and water treatment facilities. When foreign aid is diverted into private bank accounts, major infrastructure projects come to a halt," said the UN Secretary-General Ban Ki-Moon on International Anti-corruption Day (2008). He warned that "the vulnerable suffer first and worst".[xvi] Currently 53% of the population of the country is surviving with an income of less than $2(USD) per day despite they have to tolerate enormous burden of corruption as well.[xvii] As the UNODC report elaborates, corruption is so deeply rooted in the life of Afghan people that it determines whether parents can afford to provide their children with food and dress them, enroll them in school or enjoy the protection of law enforcement agencies and greater security. (Further information in Annex)[xviii]
2.4. Government Failure:
Based on the Transparency International’s Corruption Perception Index (CPI), in 2009
Based on the UNODC survey, bribes are paid not just for one reason, but for many different purposes. Thus, 74% bribes have been paid to speed-up the lengthy, administrative procedures and 51% people have given bribes to finalize their trapped documents within government offices. It is widely considered that a bribe is mutually beneficial for officials and people: a bribe is given to a public official to pass up a fine or to be delivered better and timely services. According to the DFID (UK-Department for International Development) report, the defrauding amount in the Afghan government customs revenues reaching $30 million (USD) per year. [xx] Moreover, based on the UNODC‘s report, 54% of Afghan population believe that NGOs, playing a transferring channel for foreign contributions to Afghanistan are “corrupt and are in the country just to get rich”. [xxi]
2.5. Fragile Security and Political Instability:
Security and stability in
2.6. Law Enforcement Agencies Failure:
The highest judicial body - Supreme Court - is defined as “an independent organ of the state” by the Afghan Constitution.
The main problems for the prosecution office are the culture of impunity for powerful corrupt officials and lack of immunity for whistle-blowers. The social tolerance and commonality of corruption all over the country have given an impression to the Afghan people that “it’s more economical to buy a judge rather than to hire a lawyer.[xxv] That’s why the Afghan government must seriously address this issue and ensure future integrity and credibility of the public administration and prosperity of Afghans[xxvi].
Therefore, in this study we have empirically examined roots of the corruption, paid particular attention to the institutions that help determine the extent to which policy makers can be held accountable for the actions of their staff. Also, we have analyzed the role of Media in
Part 4. COMPARATIVE ANALYSIS:
4.1. Media ‘Watchdog’ role:
In many countries where there is a weak rule of law with corrupt law enforcement agencies, national media plays a “watchdog role” on holding the government accountable in order to ensure good governance and the rule of law. According to the USAID report, 43% of Afghans explained that media doesn’t have any interest in and rarely covers corruption issues. The people in the southern part of the country say that corruption reports are seldom featured in the news.[xxvii]
The literacy rate in
According to James D. Wolfensohn (1999), president of the World Bank, “Civil society and the media are crucial to creating and maintaining an atmosphere in public life that discourages corruption and fraud. Indeed, they are arguably the two most important factors in eliminating systemic corruption in public institutions”. James further argues that the efficacy of the media, in its turn, depends on “access to information” and “freedom of expression” as well as on professional and ethical cadre of investigative journalists. The author emphasizes that such issues as private versus public ownership of the media, the need for improved protection of journalists who investigate corruption and media regulation are very critical.
The journalists in
2.7. Media as a Tool against Corruption:
A stronger political and economic competition can enhance accountability, open up alternatives to deal with corrupt networks, and create incentives for political leaders to move against corruption. Media can work between powers. To use the media as a tool against corruption, people need an alternative choice.[xxx]
In 1973, Japanese Prime Minister Kakuei Tanaka’s corruption was revealed by a freelance investigative journalist: Takashi Tachibana. At first, his article was almost ignored by the national media, because most of the Japanese mass media had been bribed by the prime minister. However, The New York Times’ and The Washington Post’s interests in Tachibana’s article led to the Japanese media’s relentlessly covering the Prime Minister Tanaka’s case and underlined his political rival’s strong ethical standing. As a result, Mr. Tanaka was forced to resign towards the end of 1974.[xxxi]
One of the biggest corruption cases in
A.C. Kotchan (President of Lockheed Corporation) testified to the United States Senate Committee that Tanaka had also received a bribe. Though Tanaka had resigned by that time, he got arrested under his political rival’s administration. Many Japanese felt that what was wrong in the country was Tanaka's 'money-politics', a concept that had been invented by the newspapers.[xxxiii]
2.8. (Lessons from
According to the USAID handbook on fighting corruption (1999), the fact-finding journalism fosters anti-corruption approaches and provokes a political will for reform. In revealing corrupt acts, investigative press elicits prevalent indignation about corruption and puts pressure on the government for change. It is exactly this threat of disclosure that stimulates regimes to censor the press and threat Media. Independent media, however, is not, certainly, enough in addressing corruption. In many countries, journalists need proper training on fact-finding procedures, professional principles and ethics code and newsroom society. In
So, an alternative choice is important for the media in terms of reducing corruption. However, in
However, the international media is mostly interested in most high-profile and sensational issues such as war, conflict and other international related affairs. They rarely talk about corruption in
In the war-torn country like
Free media alongside with a strong independent judiciary and effective legislature is one of the preconditions for good-governance. With regard to fighting corruption the media plays a multiple role - to raise public awareness about corruption, to explore and report corrupt practices in a professional and ethical manner. In order to succeed media is to be free. Moreover, journalists should be able to investigate and report without being physically intimidated by government authorities.[xxxvii] However, since 2001 several journalists have been harassed, assaulted, arrested and killed in line of duty.[xxxviii]
Currently there is a serious conflict between Karzai’s government and the
On the other hand, President Obama paid an official visit on March 28, 2010 to
In case of
Thus, international organizations and international societies have a strong interest about
Part 5. ACCESS TO INFORMATION:
The International Federation of Journalists in 1996 announced that “Citizens Right to Know is lifeblood of democracy”. Secrecy policy of the government as well as ambiguity of administrative procedures are among the main factors facilitating systemic bribery in public service, since less informed people would be more vulnerable to corruption. According to the World Bank’s assessment of fighting corruption in
5.1. Right to Information (RTI) Successful Experience:
Despite of unfavorable conditions and big hurdles, efforts are on to reduce the corruption by the Afghan government through regional and international cooperation. At the regional level,
1. Underlying the relevance of empowering the people and civil society of the region through transparency, public accountability and right to information leading to better governance and social development.[xlvii]
2. Promoting and facilitating through exchange of best practices, early adoption, in accordance with national priorities, of appropriate legislation, conferring the right to information for all citizens from the government and public authorities, to eliminating arbitrariness and corrupt practices and improve governance at the regional, national and local levels.[xlviii]
By the Delhi Declaration,
Another relevant factor is that the countries resolved to promote and facilitate the RTI for all their citizens through an exchange of best practices and adoption of appropriate legislation, subject to their distinct national priorities. The SAARC member countries have enacted such a law in different names: 1)
2.9. Legal Feasibility in
Article 34 of the Afghanistan Constitution provides that freedom of expression shall be inviolable. “Every Afghan shall have the right to express thoughts through speech, writing, illustrations as well as other means in accordance with provisions of this constitution.”[li] In accordance with the above constitutional provision, a detail law - “the law on mass media”- has been enacted. Hence,
Likewise, Article 50 of the Afghan Constitution empowers the people saying that “The Afghan citizens shall have the right of access to information from state departments in accordance with the provisions of the law. This right shall have no limit except when harming rights of others as well as national security”[lii]; they are empowered but unable to access the public information, due to absence of procedural laws. Thus, here lies the gap, which needs to be fulfilled by a right to information act like article 34, which induced “Afghan Media Law”.
In light of the
Access to information and freedom of expression are international human rights norms. Article 19 of both the UN Declaration on Human Rights and the International Convention on Civil and Political Rights (ICCPR) states that the right to freedom of expression includes not only freedom to ‘impart information and ideas of all kinds’, but also freedom to ‘seek’ and ‘receive’ them ‘regardless of frontiers’ and in whatever medium. Freedom of expression and the free flow of information and ideas include the right to information, but the right to official information is a more narrowly defined concept, which requires specific legislation. Official information is extremely important and represents one of many information types that ordinary people need in order to make informed decisions on matters that affect their lives.[liii]
Part 6. CIVIL SOCIETY:
6.1. Definition:
“Civil society commonly embraces a diversity of spaces, actors and institutional forms, varying in their degree of formality, autonomy and power” (2004, London School of Economics). However, the road to civil society is the extent to which citizens, organizations, coalitions, faith based organizations and advocacy groups exchange and collaborate based on shared interests, beliefs and ideas in order to strengthen government and humanity as a whole. As proposed by Edwards, civil society is ambiguous and with a wide range of convictions and practices that are simply not one size fit all. Yet, there is a metaphor used to define civil society that determines key variables, “although these norms sometimes differ, tolerance, non-discrimination, non-violence, trust and cooperation are common denominators, along with freedom and democracy so long as these are not defined exclusively in Western terms” (2009, Pg. 47). Therefore, a healthy civil society necessitates social, political, and economic equalities. The preconditions include a strong collaboration based on common interests between decision makers, organizing groups, public servants, businesses and the media with opportunities to engage citizens and allow a process for accountability.
2.10. Civil Society in
Despite Afghans’ attempts to democratize the country, there are still cross-roads preventing from the development of the nation. The political instability, mass poverty, social inequalities, freedom of expression and lack of trust among stakeholders are the result of the conflict-ridden history. Although there are existing civil service structures in place, they are managed ineffectively leading to the hidden economy of corruption, which undermines public confidence. However, there is hope that
2.11.
In 2005,
Although currently there are still ongoing barriers in the public sphere, there are also examples of successful progressive initiatives in
2.12. Community Council of Elders:
The community Councils are useful due to their familiarity with local issues and the ability to problem solve. Further, they provide an outlet and resource for many Afghans, who are unable to channel their frustrations and concerns as it pertains to private and public issues. As noted by the US Peace Building Institute (2010), Afghanistan’s Community Councils “at present, some 80-90% of all legal cases in Afghanistan, criminal and civil, are resolved outside the formal legal system in community forums. Such forums are generally deemed more accessible, cheaper, less corrupt, and more legitimate than the formal courts” (2010, USIP)[lvi]
2.13. Interest Groups:
As noted previously, since the fall of the Taliban and a new democracy in
2.14.
Extensive research has been conducted to evaluate a country with similar civil society challenges that could offer
2.15. Background:
Similar to
Therefore, as a result of these challenges and the advocacy of the NGO leaders, democratic processes have started to take shape. Recent reforms in Nigerian laws and Constitution have strengthened anti-corruption strategies, instilled more confidence in the government and increased citizen engagement. The NGOs have been instrumental in breaking down the barriers that support literacy, build capacity and establishing community relations, particularly in rural areas where tradition values remain strong.
Furthermore, as noted by Kalu et al. referring to citizen interactions with the government, “participation in the more active sense involves exerting influence on administrative behavior and on the outputs of official actions” [lviii] The National Democratic Institute (NDI), a non-government organization is supporting citizens’ engagement in Nigeria by designing programs, that develop technical assistance in organizing techniques, broaden civic and voter education and encourages budget oversight and other skills that help make governments accountable.[lix] The NGOs in
The NGOs have also challenged the government so as to respect people’s business and to fulfill it with maximum integrity. These include building capacity by providing knowledge and, in particular, the role of government, fostering opportunities for collective action against corruption and providing incentives for economic development. As noted by Kalu, referring to citizen interactions with government, “participation in the more active sense involves exerting influence on administrative behavior and on the outputs of official actions” [lx] Yet, how can people be empowered, if they don’t understand their role? The National Democratic Institute (NDI) is supporting citizens’ engagement in
Another example of the roles played by Nigerian civil society, that how community enabled through education, empowerment activities, and leadership capacity in order to ensure government is responsive to the needs of the people. When citizens are empowered they will take action. An example of a civic movement in
Therefore, our analysis of the role of civil society curbing corruption in
Part 7. ENFORCEMENT AGENDA:
The question of corruption is closely linked with the process of political democratization and economic liberalization as well as the efforts of building the rule of law and good governance. Corruption is widely spread in many post-authoritarian and post-conflict environments, as economic and political transitions offer fertile ground for its prosperity.
Corruption has been mentioned to undermine democratic institutions, slow economic development, contribute to governmental instability, attack the foundations of democratic institutions through distorting electoral processes, pervert the rule of law and create bureaucratic quagmires with the rule of total bribe. Under such conditions foreign direct investments are discouraged and small businesses throughout the country under consideration often find it impossible to overcome the huge "start-up costs" required due to corruption. Therefore, in a globalized world this social phenomenon causes a serious international concern and the role of specialized anti-corruption institutions both (within and outside the country) is very crucial.
As for pervasive corruption in Afghanistan, there are several factors behind it: access to justice is almost impossible for ordinary Afghans, lack of the government capacity and adequate rules and procedures in delivering good quality social services, corruption has becomes a means for survival, bribery is a high incentive and low risk activity, law enforcement is inadequate and leaves much to be desired. Years of conflicts and wars, fragile government authority, violence, the high unrestricted power of the government officials, low salary rate for civil servants, weak judiciary and legal enforcement system has led to a culture of unlimited corruption and impunity, with limited transparency and accountability in the use of public resources.[lxiii]
One of the cornerstones in fighting corruption and, in particular, of the enforcement process is accountability. Accountability ensures actions and decisions taken by public officials subject to oversight so as to guarantee that government initiatives meet their stated objectives and respond to the needs of the community. The concept of accountability involves two stages: answerability and enforcement. Answerability refers to the obligation of the government, its agents and public officials to provide information about their decisions and actions and to justify them to the public and accountability institutions authorized to exercise oversight.
Enforcement suggests that the public or the institution responsible can sanction the offending party or remedy the contravening behavior. Among other kinds of accountability they differentiate between horizontal and vertical. Such institutions of accountability as parliament and the judiciary provide what is termed horizontal accountability, i.e. the capacity of state institutions to check abuses by other public agencies and branches of government or the requirement for agencies to report sideways. Vertical accountability is the means through which citizens, mass media and civil society seek to enforce standards of good performance on officials.
Parliament holds the executive politically accountable (as parliament is a political institution); while the judiciary holds the executive legally accountable as it can only adjudicate on legal issues. Together they are expected to provide ongoing oversight, an order to keep the government accountable throughout its terms in the office. They may be assisted by other institutions such as supreme audit institutions, anti-corruption commissions, ombudsmen’s offices, human rights institutions, etc.
7.1. Enforcement Institutions:
The development and implementing of a sustainable anti-corruption environment and enforcement mechanism is a very difficult, complicated and long-term objective, which any country with a high corruption rate faces some day.
As for the enforcement mechanism in fighting against corruption we decided to take Russia as a benchmarking model, which is facing mostly the same corruption problems but, nevertheless, according to the Transparency International 2009 rating, it ranks 146-th while Afghanistan holds 179-th position of 180 countries totally [Corruption perceptions Index 2009. http://www.transparency.org/policy research/surveys indices/cpi/2009/cpi_2009_table]. Pursuant to the Transparency International’s assessments, the volume of Russia’s annual market of corruptions makes up almost $300 billion (USD), which equals approximately 18% of the country’s GDP in 2008 [“The Kremlin Can Not Cope with Corruption, the Volumes of Which Reach $300 Billion a Year”, Forbes, 11-18-2009. http://www.inosmi.ru/economic/20091118 /156558900.html], while the rate of corruption in Afghanistan accounts for 23% of its GDP.
When compared to Afghanistan, however, Russia looks better in terms of its legislative base which is more solid, what can be explained by a short term of building democracy in Afghanistan (only for 10 years now). Even within this period of time Afghanistan has managed to include a special provision in its Constitution (Article 50) addressing this social disaster and ratified the UN Convention against Administrative Corruption (2004); developed the Anti-Corruption Roadmap of Islamic Republic of Afghanistan (2008), a number of Anti-Corruption Laws (e.g. Law on the Campaign against Bribery and Official Corruption, Counter Narcotics Drug Law, Anti-Money Laundering and Proceeds of Crime Law and others) and the Strategy and Policy for Anti-Corruption and Administrative Reform (2009) and defined a number of actors who were to combat corruption [“Assessment of Corruption in Afghanistan”, USAID Report, 15-01-2009 - 15-03-2009. – pp. 16-18].
As for
The decree ‘On Anti-Corruption Measures’ (May 2008) stipulated the formation of the Presidential Council for Combating Corruption (CCC) with the President at its head. In December 2008 the newly adopted Russian “Anti-Corruption Legislation” was officially published. It consists of three interconnected federal laws, which came into force in January 2009:
• “On Counteraction to Corruption” (establishes the general framework of anti-corruption legislation);
• “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law On Counteraction to Corruption” (develops provisions of the main law with respect to judges, members of parliament, persons holding state and municipal positions, etc);
• “On Amendments to Certain Legislative Acts of the
The National Anti-Corruption Plan (NACP, July 2008) and the Criminal Law ‘Convention on Corruption’ (January 1999) were a solid legal contribution to the enforcement mechanism formation. The NACP contains four sections: 1) measures for legislative provisions to combat corruption and bringing into line the current legislature with several international conventions; 2) measures to improve and streamline public administration in order to prevent and punish corruption and conflicts of interest via civil society mechanisms; 3) measures to improve legal education and to actively use the media as well as civil society organisations in the fight against corruption; and 4) priority measures to implement the NACP. President Medvedev has also announced the new anti-corruption regulations aimed at closing legal loopholes and preventing conflicts of interest that create new opportunities for corruption, and forcing senior officials to annually declare their assets in accordance with new procedures [“Russia Adopts New Anti-corruption Legislation”, Legal Alert: Russia, Bakery & McKenzie, Feb. 2009].
Thus, agreeing to President of
7.2. Anti-Corruption Agencies:
As for the national anti-corruption agencies,
In
7.3. Analysis of Existing Anti-Corruption Laws, Regulations, and Policies:
1. The legal framework for the fight against corruption is based on the Afghan Constitution, the “UNCAC”, and the law “On Overseeing the Implementation of the Anti-corruption Strategy”. The same general challenges apparent in the overall legal framework of
2. One of the main legal laws - “On the Campaign against Bribery and Official Corruption” does not properly define the forms of conduct it prohibits, such as “bribing, illegally recommending, requesting and lobbying” or “the embezzlement, misappropriation or other diversion by a public official…” .[lxiv] Due to ambiguity of terms there can be a different understanding about what corruption is. That results in social acceptance of certain officials’ malpractices, when citizens consider it natural that civil servants ask for gifts or money to speed up administrative procedures. All this creates a fertile ground for corruption.[lxv]
3. Other areas of law need revision. Provisions for freezing, seizure and confiscation that have been included in other laws, such as the Counter Narcotics Drug Law, the Anti-Money Laundering and Proceeds of Crime Law, and the Law on the Campaign against Financing of Terrorism, should be extended to corrupt proceeds as well.
4. The Afghan legislation does not include restitution as an option in the anticorruption law. The UNCAC argues that there can be no prevention, confidence in the rule of law and criminal justice processes, proper and efficient governance, official integrity or a sense of justice and faith that corrupt practices never pay, unless the fruits of the crime are taken away from the perpetrators and returned to the rightful parties.
5. Transparency is one of the main factors in the struggle against corruption. As the UNODC (2010) stresses - “Non-transparent administrative procedures and services of low quality also represent possible sources of dishonest conduct.[lxvi]
6. These changes should empower the HOO and the principal anticorruption agency in the AGO (Attorney’s General Office) by creating and defining the offences enumerated in the HOO law in the criminal code (in accordance with the Convention and Constitution). This includes principles of liability, jurisdiction, investigation, prosecution, sanctions, extradition and witness/victim provisions that may be incorporated into an amended Penal Code and/or Criminal Procedure Code.
Part 8. RECOMMENDATIONS:
Policy Recommendation One: The Right to Information (RTI)
The ability of the citizens to obtain information in the possession of the State can be defined as access to information. The “right to know” is linked indivisibly to accountability, a central principle of good governance. Informed judgment is difficult, if not impossible, when official activities and government decision-making processes are not open to public scrutiny. In the lack of such scrutiny, governments can make major resource containment without either ex-ante or ex-post review and debate. Generally, governments make little effort in providing information to the public that reflects well on itself. The problem arises, by contrast, when the information reflects the opposite; here, the “voluntary disclosure of the information by government” approach usually does not work as both politicians and bureaucrats often try to hide their embarrassing information from the public.[lxvii] Therefore, we propose to the Afghan government to enact the RTI model in
The Right to Information Act would highlight the observable practices, assign time limit to fulfill requests for information and processes, and designate those sorts of information to which access is guaranteed. An argument against legislation will rise up the cost efficiency of failing to implement this legislation, which would again beer fertile environment for massive undefeatable corruption.
How to Implement RTI: Based on successful Indian RTI experience, there are national and international interests of curbing corruption, therefore, there are numerous stakeholders in any RTI implementation.[lxviii] The UNDP is the main supporting partner to the Afghan government, an implementing body of the United Nations aims at achieving the Millennium Development Goals (MDGs).The UNDP partnership with the Afghan government will provide financial and technical support to the anti-corruption policies channeled toward strengthening the public institutions. The UNDP as one of the principal actors, widely working in post-conflicts countries, can make a difference in the area of access to Information by: 1) Using its unique relationship with the government; 2) Enhancing the supply of, and facilitating demand for, information from the government and others; 3) Supplying information on its own operational activities to other stakeholders; 4) Using its co-coordination and facilitation roles; 5) Drawing on its expertise and experience in democratic governance.[lxix]
How to engage all stakeholders in favor of the RTI: To involve and engage the stakeholders, the RTI can pave the ground for political parties to win the public support of their interest. Particularly for political actors, this is an issue on which they can contest election and win, because of public demand. Such dynamism can bring the politicians on the side of the RTI. This way we can develop the political desire for the RTI by promoting it as an election issue.
The other major opponent will be the government officials. Due to providing for the realistic experience of
The RTI impact on Judiciary; the main asset of the judiciary is its public respect and faith. By a clause under the proposed act the judiciary will be under the purview of the RTI. Judiciary plays an important role in good governance and its cleaning through the RTI is necessary to make the proposed plan a success. This will enhance the respect of the Afghan judiciary in pubic eyes and restore the lost public respect and faith, which is vital for the survival of the judiciary.[lxxi]
The RTI impact on Media: Media plays a very important role in disseminating the information and acting as a ‘watch dog’ of the government. In
Policy Recommendation Two: Judiciary Reform Program
As mentioned earlier, Afghans considered justice as a marker commodity and Judges are bought and sold instead of lawyers been hired, therefore, an independent judiciary is playing a constructive role in reducing corruption, because it is the core body providing justice to the Afghan citizens.[lxxiii] In order to curb corruption, it’s essential to reform Afghan Judiciary and implement a “judiciary reform program.” One of the bases in fighting corruption is strong independent Judiciary; in particular, it performs the role of an intermediary between government and the people to hold the government accountable.
Without enforcement, though, laws have no outcome on decreasing corruption, and may nurture general distrust about the reform efforts. Yet, to hold public officials accountable to anti-corruption laws, judiciaries need independence from the executives, as well as strong institutional capacity. Reinforcement of Judicial autonomy includes revising the processes of appointment, assigning, paying, and removing judges and prosecuting attorney to protect them from political influence of the government.[lxxiv] Accountability guarantees actions and decisions taken by the government officials.
Parliament holds the government politically accountable, because parliament is considered a political institution to manifest the will of the people, while Judiciary holds government legally accountable as it mandated to adjudicate on legal issues. Both Judiciary and parliament are expected to perform an oversight role, in order to politically maintain check and balance of power, and legally hold the government accountable. They must be assisted by the main anti-corruption bodies, High Office of Oversight and Attorney General Office.
The Judiciary Reform program will make the judiciary system healthier and more independent. The policy will focus on judicial training programs[lxxv], and reforming laws dealing with judge appointments and term lengths. It will also include implementation of the RTI to form an internal reporting system that will maintain open records on judicial proceedings and finance an increase of accountability. A public complaint mechanism proposed will decrease low-level corruption and a commission to incorporate local tribal judiciary systems into the central judiciary, will stream-line illegal drug related anti-corruption efforts. The “Judiciary Reform Program” will greatly reduce corruption in
1-Although most stakeholders will agree to this policy, the strengthened judicial system will take power away from some entrenched political and criminal elites.
2-The policy implementation will be difficult due to the challenges posed by integrating local tribal judicial customs into a central judiciary system.
3- Insecurity throughout the country will make the policy difficult to implement at a country level.
Policy Recommendation Three: Civil Society and Citizens for the Anti-corruption program
Although the problem of corruption is mainly prevalent within the public administration in
The “Civil Society and Citizens against Corruption” program can significantly reduce occurrence of corrupt practices by empowering and mobilizing Afghan citizens. The program aims at mobilizing civil society organizations, media, NGOs, religious groups, public interest groups, ‘watch dog’ organizations, through anti-corruption focused capacity building, establishment of a national anti-corruption coalition, and mobilizing citizens. To ensure alignment and harmonization with other anti-corruption policies, stakeholders, donors, and civil society organization, will be informed and consulted through the anti-corruption task force chaired by Afghan government.
Policy Constraints:
1. Deteriorating the security situation coupled with the absence of rule of law can undermine the success of the program. While security problems can impede implementation of the project in the south, absence of the rule of law can challenge the program throughout the country.
2. Lack of political feasibility, particularly at the local level, can hamper implementation of the project. At provincial level, due to a weak rule of law, the government officials who benefit from corruption can delay or brake the process.
Component (1) Policy Option 3:
Open debate about corruption: In order to raise awareness about corruption in society, the holding of open debate is very important; on the one hand, it gives an opportunity to society to articulate their ideas and voices, on the other hand, it will decrease the citizens tolerance toward corrupt practices of public officials. Also, a strong message would be sent to corrupt officials that there is no more social acceptance of and tolerance to this negative phenomenon. The civil society entities can help communities identify the strengths and challenges within their community, and then, as a group, find solutions. In 2004, in
It is also necessary for the civil society entities in
Component (2) Policy Option 3:
Elected governors: Article 137 of the Afghan Constitution defines the authority of the President in delegating certain power and autonomy to the provincial governors for the social and economic development of the country. The legislation power solely had been given to the national parliament, provincial assembly only in advisory capacity maintain balance of powers at the provincial level. Governors’ appointment power monopolistically remains with the central government. In
Free and fair elections offer a significant instrument for holding public officials accountable. People can withhold votes from corrupt-officeholders as a sanction against corruption, and elect opposition runners condemning such dealings. In,
Election of governors will politically reduce the monopoly power of the central government. Furthermore, elected governors with a sense of responsibility to the public will reform the administration, which will reduce the unlimited-discretion of the public officials. Public participation by using self-determination rights strengthens civil society, interest groups and shuras to play a ‘watchdog’ role to hold the public officials accountable. Such a strategy comprises a system of check and balance designated to manage conflict of interests between the governors and the public being ruled and limits the situation, in which conflict arises. To symbolize a broad view of the reform, addressing corruption in the public sector through government processes strong leadership, organizational Change, through civil society participation and democratic process, private sector, media thus sub-national government should be an elected local government.
Part 9. IMPLEMENTATION STRATEGY:
· Integrity in Public Service
Step 1: Strengthens transparent and merit recruitment system of public officials that ensure opens, equity and efficiency and promote recruitment of individuals of the highest level of competence and integrity. Public officials need to be trained on ethics, code of conducts and conflict of interest laws.
Step 2: Creates moral and organizational Code of conduct that forbids conflicts of interests, ensures the proper use of public resources, and upholds the highest levels of professionalism and integrity.
· Accountability and Transparency:
Step 3: Ensure assets and financial interest disclosure of public officials. Protect the answerability of the public service through effective legal structures, management practices, oversight and auditing procedures to prevent corrupt activity and adequate simplified administration procedures.
Step 4: Implementation of the Judiciary reform program, which ensures independent judicial system in order to hold government legally accountable.
Step 5: Establishment of the judiciary complaint committee under the purview of the RTI to ensure a transparent, timely and fair process of judicial cases.
· Effective Prevention, Investigation and Prosecution:
Step 6: Assure enact of legislation, which applying sanctions successfully and actively combat the offence of bribery of public officials. Also such a legal mechanism should provide with substantial criminal penalties for the laundering of money and the proceeds of corruption and crime.
· Public discussion of corruption:
Step 7: Developing an effective mechanism to encourage public discussion of the issues of corruption through: Opening of public awareness campaigns at different levels of the society.
· Access to information:
Step 8: Guarantee that access to information legalized and enforced, and general public and the media have freedom to receive and impart public information, in particular, information on corruption matters in accordance with the RTI act. Empower the media and ensure legal protection of whistleblowers (investigative journalists). Add information on internal and external internet Websites and Publish annual budget reports throughout the country in electronic and paper media.
· Public participation:
Step 9: Encourage public participation in anti-corruption activities, particularly in cooperation and coordination with the civil society entities such as shuras, interest groups, youth and professional associations, NGOs, labor unions, housing associations, the media, and other stakeholders, including involvement of the NGOs in monitoring of public sector program and activities.
Conclusion
The main goal of the policy would be to reduce the corruption rate through application of the ‘Right to Information’, Judiciary Reform Program, improvement of public participation and channeling information to the people in rural districts of
The government of Afghanistan should adopt the policy of expanding public control through the right to information for the reasons previously discussed, outlining the advantages of exposure of public officials to the public scrutiny. Considering that $2.5 billion (USD) has gone for corruption, we can say that approximately this amount could improve life of 53% poorest Afghan people and generate a huge income for the government, if legally invested in the national economy of the country. Indeed, this is the opportunity cost that has its burden on the life of poor Afghans. According to the World Bank Institute paper “Curbing Corruption” “once pattern of successful corruption is institutionalized, corrupt officials have an incentive to demand larger bribes, engendering a “culture” of corruption that in turn breeds market failure”.
Another social benefit of the sum paid in the form of corruption could be creation of jobs for 40% unemployed citizens. In addition, counterdrug initiatives have been hampered by rampant corruption and the inability to make alternative livelihoods viable enough to incentivize farmers to replace poppy production for production of other crops. However, the option of the ‘Right to Information’ might not be successful by its own, therefore, we emphasize on the RTI integrated with a Justice Reform combined with elected governors to improve public participation in order to reduce corruption in the country.
Recommendation
Based on the study and analysis, it is our objective to present a recommendation that takes a long-term outlook and one that would both eliminate corruption as well as restore legitimacy and integrity of the public service in
Our recommendation would be, therefore, that the government should draft, ratify and implement the Act on the Right to Information, as well as develop and pursue the Policy using a phased approach with short-term and long-term goals.
Based on our analysis we believe that in the first two – three years, the government could implement the RTI as a short-term option to create conditions and assess social capital, that increase receptivity of the long-term policy concerning the civil society mobilization against corruption, election of governors and delegation of certain autonomy to the elected local governments. As the CSOs in
Bibliography:
[i] UNODC. “National Drug Control Strategy” (Jan. 2006). http://www.mcn.gov.af/NDCS.pdf (Accessed October , 2009).
[ii] Ibid.
[iv] ECON EDLINK http://www.econedlink.org/lessons/index.php?lesson=773&page=teache
ICARDA http://www.icarda.org/Afghanistan/NA/Full/General_F.htm
[vi] National Geography http://travel.nationalgeographic.com/travel/countries/afghanistan-facts/
[vii] World Bank and Afghanistan Research and evaluation Unit(AREU) http://books.google.com/books?id=M2j68THwyhUC&pg=PA39&lpg=PA39&dq=Afghanistan+Public+Sector+Employment+and+Wages&source=bl&ots=ncK5yJ2qaE&sig=Ps8DfK_gXBKyN1sSoXXAOiaxG-A&hl=en&ei=NGigS7eNA4G78ga73fj_DA&sa=X&oi=book_result&ct=result&resnum=6&ved=0CB4Q6AEwBQ#v=onepage&q=Afghanistan%20Public%20Sector%20Employment%20and%20Wages&f=true
[viii] Klitgaard, Robert. “
[ix] United Nation Office on Drug and crime (UNODC) http://www.unodc.org/unodc/en/press/releases/2010/January/drain-the-swamp-of-corruption-in-afghanistan-says-unodc.html
[x]United Nation Security council Resolution http://www.un.org/News/Press/docs/2009/sc9624.doc.htm
[xi] United Nation Office on Drug and crime (UNODC) http://www.unodc.org/unodc/en/about-unodc/unodc-strategy.html?ref=menutop
[xii] United Nation Convention Against Corruption( UNCAC) http://untreaty.un.org/english/notpubl/corruption_e.pdf
[xiii] United Nation Development Program( UNDP) Accountability and Transparency project(ACT) http://www.undp.org.af/WhoWeAre/UNDPinAfghanistan/Projects/dcse/prj_act.htm
[xiv] World Bank Institute, http://www.u4.no/document/literature/Stapenhurst-2000-media's-role.pdf
[xv]Afghan High office of oversight and Anti-corruption
http://anti-corruption.gov.af/pdf/ANTI%20CURAPTION%20STRATIGY.Eng.pdf
[xvi] Fight Corruption - Save Development
[xvii] Integrity watch
[xviii] Poor Public-Service Quality:
According to the USAID’s report, almost half of the population of the country is not happy with the quality of public service delivery. The reasons behind low quality service were usually described as the public servants incapability, unwillingness and inadequate knowledge of importance of public affairs. The connection between low service quality and corruption is obvious. Afghan citizens are tired of lengthy and low quality services so they pay bribe to public servants to get better quality sooner. Therefore, bribes have been paid to cope with unresponsive and slow administrative procedures in the meantime to receive better treatment.[xviii]
[xix] Transparency International, Corruption perception index (CPI) http://www.transparency.org/policy_research/surveys_indices/cpi/2009/cpi_2009_table
[xx] UK-Department for International development http://www.dfid.gov.uk/Media-Room/Speeches-and-articles/2010/SoS-Afghanistan-speech/
[xxi] United Nation Office on Drug and Crime(UNODC) Corruption in
[xxiii]
http://www.afghan web.com/politics/current_constitution.html
[xxiv] Amnesty International Report on Justice corruption in
[xxv] United Nation office On Drug and Crime ( UNODC)
[xxvi] United Nation Office on Drug and crime (UNODC) http://www.unodc.org/documents/data-and-analysis/Afghanistan/Afghanistan-corruption-survey2010-Eng.pdf
[xxvii] Telegraph
[xxxi] THE ENIGMA OF JAPANESE POWER” Karel van Wolferen 1989
[xxxiii] (“Kakuei Tanaka A political biography of modern
[xxxvi] Guardian News, http://www.guardian.co.uk/media/greenslade/2007/apr/09/afghanjournalistkilledbyta
[xxxvii] The Media’s Role Curbing Corruption World Bank Institute research paper. http://www.uoit.ca/sas/governeaceAndCorr/media.pdf
[xxxviii] CNN http://edition.cnn.com/2010/WORLD/asiapcf/01/10/afghanistan.journalist.killed/index.html
[xliii] http://www.atimes.com/atimes/South_Asia/LC30Df01.html) (http://tanakanews.com/100410afghan.htm
[xlv] World Bank assessment fighting corruption http://siteresources.worldbank.org/AFGHANISTANEXTN/Resources/305984-1237085035526/5919769-1249254211329/VCAsSummaryReportFinalJuly172009.pdf
[xlviii]http://www.president.gov.af/Contents/68/Documents/213/ChapterTwoFundamentalRightsAndDutiesOfCitizens.html
[lviii] Kalu et al., (2009), Socio-Political Scaffolding and he Construction of Change: Constitutionalism and Democratic Govenance in
[lix] NDI http://www.ndi.org/nigeria?page=0%2C1#LegislativeStrengthening
Edwards, E. (2009). Civil Society-Second Edition.
Kayizzi-Mugerwa, S. (2003). Reforming
Kulu, Kelechi, A. & Soyinka-Airewele, Peyi. (2009). Socio-Political Scaffolding and Construction of Change: Constitutionalism and Democratic Governance in
Lloyd, R. B. (2005-2006). Nigerian's Democratic Generals. Comparitive Politics-Annual Edditions , 144-149.
Malena, C. (2009). From Politcal Won't To Political Will.
Mutua, M. (2009). Human Rights NGOs in
Appendix :( 1) comparison of
| Criteria | | | Variables |
| Demand | The Afghan people regard corruption as a major problem (5) | In | Afghan should enact RTI to combat corruption |
| Institutions | High Office of Oversight-2008, Supreme Court, Attorney General, Ministries of Finance and the Interior | CBI, CAG, CVC, Supreme Court Chief Information Commission (CIC). anti-corruption bureaux, Vigilance cell, Lokayukat at state level | Basic required institutions are in place in both countries |
| Political priority | President Karzai- The corruption prevention is on the top of his agenda (9) | Less an issue than | Political desire is in place in |
| Media | article 34 : a comprehensive law- the law on mass media- is in place | | Both have required media laws |
| Law to access information | The article 50 of constitution empowers the right to access information, But no detail law how to access information. | | RTI would be comprehensive Solution for |
| Legal and institutional framework | The legal and institutional framework to curb corruption is not well developed. RTI is a good example of that frame | The legal and institutional framework to curb corruption is well developed (10) | Weak law enforcement is a problem in |
| Whistleblower | Public Interest Disclosure (PID) to protect whistleblowers. NO Such arrangement is in place yet. | CVC is the Designated Agency for this purpose | Afghan needs a PID agency |
| International norms | Singed the UNCAC- providing legal expertise and technical assistance to Afghan. (5) | Endorsed ADB-OECD anti-corruption action plan in 2001. Not ratified UNCAC (7) | Afghan commitment looks stronger than |
| E- governance | Telecom access to 80% geographic coverage. Transforming Afghan society into information based society by 2013. Internet user -1.84% of population- (8) | internet user -3.7 % of population ( 6) | From internet user angle growth rate is more in Afghan. |
| Civil Society organizations | UNDP supports development capacities of CSOs to combat corruptions. | | Basic required law is in place in both country |
| Government | President is most powerful and state governors are nominated by president. State can’t make laws. New democracy and unstable government | PM and state CM are elected by public. State can enact laws. Well established Democracy and stable government | Principal- Agent effect is less in Afghan Compared to |
| Judiciary | Judiciary has very low public Confidence. Judge selection and removal is at the disposal of president. So, Independent judiciary is not in place. | Supreme and high courts are enjoying good reputations while district and lower courts have lower reputation. | Afghan Judiciary has no moral support to oppose RTI |
| Bureaucracy | Permanent and nominated Officials selection process is not fair and merit based. | Permanent only and Selection are fair and based on merit. | Afghan needs merit based selection |
| Regional and international cooperation | Regional and International agencies, CSOs, NGOs, Governments are ready to provide all needed help and support to combat corruption. | Enjoying good support. | Both have good outside support and Help |
Research Method-The first step on the way proceeding with our research objective is to realize what exactly causes corruption, who is corrupt and who are the victims of this invisible enemy. We went through the literature, which has been divided per topic per member to find a more broadly acceptable definition and causing factors behind booming corruption in
| Source of Data | Specific document | Indicators (parameters) |
| Constitution | Constitution of Nigerian constitution Russian constitution Indian Constitution | 1.Mandant of presidency ( powers ) 2. Specific prevision on corruption 3. Mandate of local government entities and governance |
| Sectorial policies | 1.Electrol Law 2.Interior minister policy documents 3.Attorny general office( prosecution office) 4. National Anti-corruption strategy | 1.is the law fragmented or Consolidate 2. Mandate on corruption 3.Integretiy of jurisdiction( vague or clear) |
| Media reports | 1.Local Media reports 2.Media Law 2.International media reports | 1.Media independence/ freedom of media 2. Government controlled media 3. International media role |
| Civil society | NGO law Electoral law ( public participation) Literacy /education , Civic engagement | Role of NGO( National and International) Role of Local entities ( local council) Role of Religious, local and tribal leaders |
| International reports ü (UN,WB, USAID,ADB, Transparency international) | UODC report | 1. Index 2. Ranking of the country 3. Ranking of the causes 4. statement of political statement |
| WB, Doing business reports | 1. Index 2. Ranking of the country 3. Ranking of the causes 4. statement of political statement | |
| Transparency international annual report | 1. Index 2. Ranking of the country 3. Ranking of the causes 4. statement of political statement | |
| Special studies | | 1. Index 2. Ranking of the country 3. Ranking of the causes 4. statement of political statement |
The following table highlights key reforms that can be applied to
| Nigerian corruption problem | Solution |
| Building civil society, engaging Ngo’s, MAXIMIZING ROLES AND BUILDING CAPACITY, EDUCATION, CIVICS | |
| Addressing corruption of public servants (1999) | Anti corruption strategy that investigates allegations of public officials bringing charges, inspecting bank accounts, shareholdings and safety deposit boxes, of suspects, seizure of assets and confiscated if case is proven. |
| Addressing corruption in institutions | Transparency and accountability reform act that establishes criminal and administrative sanctions, strengthens judicial processes, requires financial disclosure, and allows open budget processes. Promotes strong ethical behavior in civil service. Provides incentives ranging in promotions or pay increases. Places consequences/ shaming by way of dismissal from duties. |
| Building consensus in rural communities. (Unlike state officials who are conceived corrupt, traditional rulers are accessible to the people often alienated by the state). | Nigerian officials recognize the value of traditional leaders and are utilized by state and local governments as conduits for disseminating government information and mobilization of citizenry. |
| Civil Society strategy to combat corruption | Expansion of Human Rights and Women NGOs that specifically advocate for reform and new policies that enhance access to legislature, serving in watchdog roles, and seeks to engage more citizen participation in local public affairs. |
| CIVIC EDUCATION AND ANTI CORRUPTION | |
| Improving literacy in Nigeria | The CSAR further points to the fact that widespread poverty and illiteracy contribute significantly to diminishing the ability of many Nigerians to enjoy especially economic, social and cultural rights. The nonjusticiability of aspects of economic, social and cultural rights is also noted as a hindrance to the protection of these rights and freedoms in courts of law. 237. Covenant on Economic, Social and Cultural Rights. Nonbinding declarations such as the Universal Declaration on Human Rights. |
Source: African Peer Review Mechanism (APRM) Report number 8 (June 2009)
[lx] Kalu et al., (2009), Socio-Political Scaffolding and he Construction of Change: Constitutionalism and Democratic Govenance in
[lxi] NDI http://www.ndi.org/nigeria?page=0%2C1#LegislativeStrengthening
Annex:( 3) political corruption
According to UK-Telegraph News, Mahmoud and Ahmad Wali, the Afghan president’s brothers were publicly accused of earning millions of pounds since their brother became president of
Appendix:
Research Method-The first step on the way proceeding with our research objective is to realize what exactly causes corruption, who is corrupt and who are the victims of this invisible enemy. We went through the literature, which has been divided per topic per member to find a more broadly acceptable definition and causing factors behind booming corruption in
| Source of Data | Specific document | Indicators (parameters) |
| Constitution | Constitution of Nigerian constitution Russian constitution Indian Constitution | 1.Mandant of presidency ( powers ) 2. Specific prevision on corruption 3. Mandate of local government entities and governance |
| Sectorial policies | 1.Electrol Law 2.Interior minister policy documents 3.Attorny general office( prosecution office) 4. National Anti-corruption strategy | 1.is the law fragmented or Consolidate 2. Mandate on corruption 3.Integretiy of jurisdiction( vague or clear) |
| Media reports | 1.Local Media reports 2.Media Law 2.International media reports | 1.Media independence/ freedom of media 2. Government controlled media 3. International media role |
| Civil society | NGO law Electoral law ( public participation) Literacy /education , Civic engagement | Role of NGO( National and International) Role of Local entities ( local council) Role of Religious, local and tribal leaders |
| International reports ü (UN,WB, USAID,ADB, Transparency international) | UODC report | 1. Index 2. Ranking of the country 3. Ranking of the causes 4. statement of political statement |
| WB, Doing business reports | 1. Index 2. Ranking of the country 3. Ranking of the causes 4. statement of political statement | |
| Transparency international annual report | 1. Index 2. Ranking of the country 3. Ranking of the causes 4. statement of political statement | |
| Special studies | | 1. Index 2. Ranking of the country 3. Ranking of the causes 4. statement of political statement |
The following table highlights key reforms that can be applied to
| Nigerian corruption problem | Solution |
| Building civil society, engaging Ngo’s, MAXIMIZING ROLES AND BUILDING CAPACITY, EDUCATION, CIVICS | |
| Addressing corruption of public servants (1999) | Anti corruption strategy that investigates allegations of public officials bringing charges, inspecting bank accounts, shareholdings and safety deposit boxes, of suspects, seizure of assets and confiscated if case is proven. |
| Addressing corruption in institutions | Transparency and accountability reform act that establishes criminal and administrative sanctions, strengthens judicial processes, requires financial disclosure, and allows open budget processes. Promotes strong ethical behavior in civil service. Provides incentives ranging in promotions or pay increases. Places consequences/ shaming by way of dismissal from duties. |
| Building consensus in rural communities. (Unlike state officials who are conceived corrupt, traditional rulers are accessible to the people often alienated by the state). | Nigerian officials recognize the value of traditional leaders and are utilized by state and local governments as conduits for disseminating government information and mobilization of citizenry. |
| Civil Society strategy to combat corruption | Expansion of Human Rights and Women NGOs that specifically advocate for reform and new policies that enhance access to legislature, serving in watchdog roles, and seeks to engage more citizen participation in local public affairs. |
| CIVIC EDUCATION AND ANTI CORRUPTION | |
| Improving literacy in Nigeria | The CSAR further points to the fact that widespread poverty and illiteracy contribute significantly to diminishing the ability of many Nigerians to enjoy especially economic, social and cultural rights. The nonjusticiability of aspects of economic, social and cultural rights is also noted as a hindrance to the protection of these rights and freedoms in courts of law. 237. Covenant on Economic, Social and Cultural Rights. Nonbinding declarations such as the Universal Declaration on Human Rights. |
Source: African Peer Review Mechanism (APRM) Report number 8 (June 2009)
[lxiii] Accountability and transparency project of UNDP Afghanistan
http://www.undp.org.af/WhoWeAre/UNDPinAfghanistan/Projects/dcse/Prodoc_DCSE/ACT_Prodoc_2007.pdf
[lxiv] Jayawickrama, Nihal (May 2008). The United Nations Convention Against Corruption: A Gap Analysis of National Legislation in
[lxv] Corruption in
[lxvi] [Ibid.]
[lxvii]
[lxviii] http://www.mcit.gov.af/Documents/Strategy/MCIT%20ICT%20strategy%20ANDS%202007-10-01-Second%20%20Draft.pdf
[lxix] http://www.csmonitor.com/World/Global-News/2009/1119/afghanistan-president-karzai-inaugural-speech-top-four-points
[lxxii] http://www.unodc.org/unodc/en/frontpage/2010/January/corruption-widespread-in-afghanistan-unodc-survey-says.html
[lxxiii] USAID, Center on Democracy and Governance, A Handbook on Fighting Corruption, February 1999,
http://www.usaid.gov/our_work/democracy_and_governance/publications/pdfs/pnace070.pdf
[lxxiv]“Center for Democracy and Governance” USAID handbook fighting corruption(1999) p. 11
[lxxv] American Bar Association Rule of Law Initiative, Anti-Corruption Programs, http://www.abanet.org/rol/programs/anti-corruption.html
[lxxvi] Kabul Declaration on “Freedom of Expression in
[lxxvii] By Griff Witte Washington Post Foreign Service Friday, April 23, 2010 http://www.washingtonpost.com/wpdyn/content/article/2010/04/22/AR2010042203943.html?sid=ST2010042206754
[lxxviii] “ Center for Democracy and Governance” USAID Handbook on fighting corruption(1999) p.12
[lxxix] http://www.cic.nyu.edu/afghanistan/docs/counternarcoticsfinal.pdf Counter-Narcotics to Stabilize
1.2. REWARD PROPOSAL FOR MEDIA
Afghan media needs support of and cooperation with international organizations to provide the information about corruption to the international society and donors. The reward is proposed for investigative role of journalists in disclosing corrupt practices of public officials. This is sponsored by international organizations: the UNDOC, WB and Transparency International. This is “the quarterly and yearly bases Whistle Blower Award”. Informant and information are supposed to be anonymous inside
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