Fighting Corruption: Parliament s s Role
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1 Fighting Corruption: Parliament s s Role Rick Stapenhurst World Bank Institute September 17, Canberra What is Corruption? Short Definition The abuse of public office for private gain 2 1
2 Process of Fighting Corruption Successful anti-corruption strategies need: Political leadership Coalition Building Rigorous Data 3 4 2
3 Difficulty in Starting a Business % of respondents that report strong difficulty 60% 50% 40% 30% 20% 10% 0% Singapore Hong Kong Taiwan Malaysia Chile Philippines Thailand Hungary China Brazil Indonesia Russia Korea 5 Even more important (than Regulatory Interventions) in understanding Bribery and Corruption is the degree of Regulatory Discretion. High Corruption T.I. Corruption Index and Regulatory Discretion NGA T.I. Corruption Index SGP MEX VNM ARG CHN IDN IND TUR BRA KOR COL PHL MYS ITA ZAF TWN POL BEL CZE HUN GRC CHL ES P FRA JPN CRI PRT HKG US A AUT GBR IS R DEU IRL CHE LUX NOR NLD AUS FIN SWE CAN NZL DNK VEN THA RUS Low Corruption r=0.76 LOW Regulatory Discretion (GCS97) HIGH 6 3
4 The absence of good Rule of Law institutions is a key factor associated with corruption. HIGH S&P-DRI Corruption Index and Rule of Law S&P-DRI Corruption Index LOW LOW ZAR r=0.82 IRQ COL AGO PAK BOL BGD PER DZA LKA TZA CMR KEN IRN MMR PAN LBY ZMB NGA ZAF ZWE UGA EGY SYR PHL GHA VNM RUS TUR THA BHR IND BRA EC U HKG CIV IDN JOR CHN MAR BGR VEN RO M OMN BWA SVK MEX ARG SAU TUN URY HUN ARE POL CZE MYS KO R KWT QAT TW N CHL GRC BEL AUS CRI ES P ITA PRT JPN NZL ISR FRA CHE AUT FIN IRL SGP USA GBR CAN NLD DEU SWE DNK NOR HIGH Rule of Law (ICRG, average 1990s) 7 Key message of the new empirircal research: even more important than political rights are civil liberties in understanding corruption. HIGH BRIBERY Bribery and Civil Liberties Bribery (GCS97+) LOW BRIBERY VNM CHN r=0.67 AGO KEN CMR THA IDN NGA GTM NIC PHL MOZ RUS COLIND HND VEN GRC EGY TZA UGA UKR POL CIV JOR ARG ETH MEX TUR BRA KOR CRI ISL ZWE ITA BFA HUN MWI GHA MYS MAR ZMB SVK PER MUS TWN CZE SWZ LSO NAM ESP ZAF ISR PRT FRA BEL TUN CHL NLD CHE JPN AUT DEU NZL AUS IRL CAN SGP USA GBR LUX DNK FIN SWE NOR LOW HIGH Civil Liberties (Freedom House) 8 4
5 Corruption and Freedom of the Press Control of Graft High Low FIN CAN DNK NLDSWE CHE NZL SGP CYP ISL GBR DEU LUX AUS NOR IRL AUT HKG USA ISR FRA ESP PRT CHL SVN FJI GRC ITA MYS JPN KWT HUN! BWA EST OMN QAT TWN TTO MLT CRI BHS NAM URY POL CZE CUB ZAF MUS LSO MAR JOR ARE BRN BRA KOR SLE TUN CIV SWZGMB SVK GUY CHN BHR BIH EGY GNB LKA SUR LTU MNG JAM TGO GHA BGD PER MEX PHL MWI INDSEN THA VNMTUR ZWE ARG LVA HRV ETH MDA SLV BFA COL LBN BOL PRK HTI MOZ ROM BLR KEN COG BGR UGAMKD MDG PAN MLI SAU TCD ZMB RUS DZA IDN AGO ARM GEO IRN KAZ GIN KGZGTM PAK ECU DOM BEN NGA LBY SYR VEN YEM NIC ALB AZE CMR GAB HND PNG MMR SOM SDN UZB LBR PRY TZA UKR YUG IRG TJK TKM ZAR NER r =.68 r = Low High Freedom of the Press (Freedom House) 9 The Bribe Fee List : : Unofficial Payments by Enterprises for Licenses and Services "Unofficial fee": type of license/"favor" Russia Ukraine Average "unofficial" fee required for favor Enterprise registration $ 288 $ 176 Each visit by fire/health inspector $ 67 $ 42 Tax inspector (each regular visit) $ 250 $ 87 Each phone line installation $ 1,071 $ 894 Lease in state space (sq. meter per month) $ 26 $ 7 Each export registration/consignment $ 643 $ 123 Each import registration/consignment $ 133 $ 278 Domestic currency loan from bank (preferential terms) 8% 4% Hard currency loan (preferential terms) 23% 4% 10 5
6 Core Systems: Accountability Institutions Civil Service Reform Public Expenditure Management and Procurement Legal and Judicial Reform A Multi-pronged Strategy for Combating Corruption Corruption Policy Reforms: Privatization Deregulation Tax simplification Political System: Campaign finance Public Service Boards Roles and Responsibilities Individual Departments: Focus on Key Revenue, Expenditure and Regulatory Agencies ECA and Associates Public Oversight: Public Involvement Power of data /Surveys Civil society/media Parliamentary Oversight Parliamentary Safeguards Combat Corruption by Changing Policies and Institutions Policies Institutions Corruption 12 6
7 Think of the Problem on Four Levels Core Systems of Government Corruption and the Political Process Link with Parliament and Civil Society Agency Specific Corruption 13 Think of the Problem on Four Levels Core Systems of Government Corruption and the Political Process Link with Parliament and Civil Society Agency Specific Corruption 14 7
8 Corruption and the Philippine Political System Vibrant democracy with approximately 353,000 government positions up for election Elections are often expensive: P3 billion for presidency P100 million for congress P5 to 10 billion to support a slate of national and local candidates 15 Corruption and the Philippine Political System Elections are often expensive: It doesn t t stop there... Weddings, funerals, natural disasters, etc. Strong cultural norms of kinship and reciprocity 16 8
9 As a Result... Political system generates tremendous demands for money and patronage 17 The Supply of Money: Where Does It Come From? Embezzlement (estimated $150 million to support Marcos reelection in 1986) Access to off-budget revenue sources such as Philippine Amusement and Gaming Corporation Allowances Special legislative projects (analogous to Peoples Program ) 18 9
10 Corruption and the Political System These problems are fundamental, and their resolution will require: Campaign finance reform Strengthen Public Service Boards Redefine roles for politicians and civil servants Changes in political culture 19 Think of the Problem on Four Levels Core Systems of Government Corruption and the Political Process Link with Parliament and Civil Society Agency Specific Corruption 20 10
11 Need for Strong, Independent Accountability Institutions Parliament, Auditor General, Anticorruption Agency, Ombudsman, Civil Service Commission Independent in their: Budget Staffing Work program Reporting relationships 21 Hong Kong Independent Commission Against Corruption (ICAC) Established in 1974 Currently has 1,336 staff, 72% in Operations Three main functions: Operations Corruption Prevention Community Relations 22 11
12 ICAC Full powers of arrest, supplemented with search and seizure Prosecution under Department of Justice Work scrutinized by four independent committees comprised of leading citizens 23 Philippine Ombudsman Established in 1987 Constitutionally independent, with power to investigate and prosecute Staff of around
13 Number of Corruption Cases Successfully Prosecuted (per 10,000 civil servants) Hong Kong 0.25 Philippines 25 Why the Difference? ICAC practices more robust triage up front, moves forward selectively and wins ICAC investigates only about 50% of the allegations it receives Moves forward with sanctions in about 10% of the cases Wins 4 out of 5 cases it prosecutes 26 13
14 Why the Difference? Ombudsman practices limited triage up front, moves forward broadly and loses Recently implemented initial screening procedures Moves forward with sanctions in about 28% of the cases At best wins about 12% of cases it prosecutes, Sanctions often arbitrary; significant numbers overturned on appeal 27 Anticorruption Effort is Fragmented Administratively Ombudsman Commission on Audit (COA) Department of Justice National Bureau of Investigation (NBI) Civil Service Commission Presidential Commission Against Graft and Corruption (PCAGC) Presidential Commission for Good Governance (PCGG) 28 14
15 Think of the Problem on Four Levels Core Accountability Institutions Corruption and the Political Process Link with Parliament and Civil Society Agency Specific Corruption 29 Much Corruption is Agency Specific Perversion of the unique tasks and missions of a given organization Concentrated in Key Departments (Top 10 account for 95% of complaints) Typically involves agencies with signifi- cant revenue and/or expenditure assign- ments, or enforcing rules in key areas ( wet versus dry ) 30 15
16 Top 10 Agencies Dept Public Works and Highways Dept of Env. and Natural Resources Dept of Education Bureau of Customs National Irrigation Admin. Bureau of Internal Revenue Dept of Health Dept of Interior and Local Government National Power Corp Bureau of Immigration 31 Think of the Problem on Four Levels Core Accountability Institutions Corruption and the Political Process Link with Parliament and Civil Society Agency Specific Corruption 32 16
17 Who Should take the lead in a National Governance/Anticorruption Program? Broad Coalition 48% A-C Agency 18% Civil Society Alone Executive Alone 8% 7% Enforcement Agencies Legislative Int'l Experts NGOs Alone 4% 4% 4% 3% Not Worth It 4% Percentage of Respondents A-C: Anti-Corruption 33 0% 10% 20% 30% 40% 50% Public Involvement Surveys Technical, but public Civil Society, NGOs Media Investigative reporting Press freedom, access to information Media accountability 34 17
18 Parliamentary Oversight Office of the Auditor General Ombudsman Public Accounts Committee (Uganda) Chaired by member of opposition Public hearings Focus on strategic not administrative issues 35 Conclusion : Political Will Strong Political Will Weak Political Will Uncordinated A-C C Strategy South Korea Rwanda (?) Philippines Kenya Cordinated A-C C Strategy Hong Kong Singapore Uganda (formerly) Thailand Uganda (now) 36 18
19 Parliaments: Misgoverned or Honest Institutions? % who believe that Parliament is corrupt 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Relatively good 6/22 Georgia (1998) 6/32 Cambodia (2000) 6/35 Sierra Leone (2003) 31/43 Honduras (2001) 14/20 Romania (2000) 16/21 Paraguay (1999) 47/50 42/42 Source: WBI diagnostics and survey data; various countries; Paraguay figure comes from the first governance diagnostic Note: The chart shows percentage of respondents reporting that Parliament is dishonest institution. The number at the top of each bar reflects the ranking of Parliament relative to other government institutions. 29/36 Latvia (1999) 19/23 Bolivia (1999) 39/50 Guinea (2004) 20/27 Slovakia (2001) 35/35 Ecuador (1999) Peru (2001) Rank of Parliament within country, by Public Servants Guatemala (2004) 30/30 Colombia (2001) Relatively bad 19
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