Corruption is not always about the money

Image: The Simpsons™ © 20th Century Fox. Used without permission.

"Where is the, uh... bribe?

If, like Joe Quimby, you associate corruption with financial wrongdoing - the offering and acceptance of cash bribes, or the awarding of public contracts to friends and associates - you might not see the allegations published in Part One of this blog as being directly linked to corruption.

The international community sees corruption in a broader sense, and links corruption to the violation of peoples' rights.

So what is corruption?

The definition and understanding of corruption, even within the international community, has undergone significant evolution in recent decades as nation states grapple with the most effective means of detecting and rooting it out of daily life.

The following is taken from "Corruption and Human Rights: Making the Connection", International Council on Human Rights Policy, 2009:

The term "corruption" comes from the Latin word corruptio which means "moral decay, wicked behaviour, putridity or rottenness". The concept may have a physical reference, as in "[t]he destruction or spoiling of anything, especially by disintegration or by decompostition with its attendant unwholesomeness and loathesomeness; putrefaction"; or moral significance, as in "moral deterioration or decay... [the] [p]erversion or destruction of integrity in the discharge of public duties by bribery or favour..."

These definitions are representative of two common shortcomings: they define corruption only in terms of bribery, or in terms that are very general. As a result, corruption definitions tend either to be too restrictive or excessively broad. In fact, this is not as contradictory as it may seem. Corruption has indeed broad causes and consequences. As Michael Johnston, a Professor at Colgate University, has stated: "In rapidly changing societies the limit between what is corrupt and what is not is not always clear and the term corruption may be applied broadly"

Transparency International is the global civil society organisation leading the fight against corruption, and worked with ICHRP on the 2009 report. Transparency International offers one simple definition of corruption on it's website:

How do you define corruption?

Generally speaking as "the abuse of entrusted power for private gain".

What is transparency?

Transparency is about shedding light on rules, plans, processes and actions. It is knowing why, how, what and how much. Transparency ensures that public officials, civil servants, managers, board members and businesspeople act visibly and understandably, and report on their activities. And it means that the general public can hold them to account.

What are the costs of corruption?

Corruption impacts societies in a multitude of ways. In the worst case, it costs lives. Short of this, it costs people their freedom, health or money.

On the political front, corruption is a major obstacle to democracy and the rule of law. In a democratic system, offices and institutions lose their legitimacy when they're misused for private advantage.

Corruption corrodes the social fabric of society. It undermines people's trust in the political system, in its institutions and its leadership. A distrustful or apathetic public can then become yet another hurdle to challenging corruption.

The Office of the United Nations High Commissioner for Human Rights, in its 2013 pamphlet "The Human Rights Case Against Corruption", briefly outlined the case against corruption from a human rights perspective. Taken from its website, the OHCHR provides clarity on the overlap between corruption and human rights:

Depending on the level, pervasiveness and form of corruption, corruption can have devastating impacts on the availability, quality and accessibility - on the basis of equality - of human rights-related goods and services. Moreover, it undermines the functioning and legitimacy of institutions and processes, the rule of law and ultimately the State itself.

Disadvantaged groups and persons suffer disproportionately from corruption. They are often more reliant on public goods and services and have limited means to look for alternative private services. They typically have fewer opportunities to participate in the design and implementation of public policies and programmes and lack the resources to defend themselves and seek reparations.

Those involved in efforts to investigate, report, prosecute and try corruption are at heightened risk of human rights violations and require effective protection.

Corruption exists in all countries, irrespective of the economic or political system and their level of development, in the public and private spheres. It is a transnational phenomenon requiring international cooperation, including in the recovery of stolen assets.

While acts tainted by corruption can constitute human rights violations, corruption itself is best seen as a structural obstacle to the enjoyment of human rights.

At the same time, anti-corruption efforts need to comply with human rights standards, otherwise they lose their legitimacy.

Human rights standards, principles and mechanisms provide additional entry points to complement anti-corruption efforts.

Anti-corruption standards

Defining corrupt acts

In "Corruption and Human Rights: Making the Connection", the report's authors outline what UN member states generally agree are "corrupt acts", and offer a list of core corrupt acts as recognised internationally, citing the United Nations Convention Against Corruption (UNCAC) as the best source. It is important to note, however, that the list is not exhaustive, and the full list is not included here as not all the defined acts are relevant to the allegations published on this blog.

Bribery

May be defined as the promise, offer or gift, to a public official, or the solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official himself or another person or entity, in order that the the official act or refrain from acting in the exercise of his official duties.

Fraud

The act of intentionally deceiving someone in order to gain an unfair or illegal advantage (financial, political or otherwise).

Trading in influence

May be defined as the promise, offering or giving to a public official or any other person, or the solicitation or acceptance by a public official or any other person, directly or indirectly, of an undue advantage in order that the public official or the person abuse his real or supposed influence with a view to obtaining from an administration or public authority an undue advantage for the original instigator of the act or any other person. For some it is irrelevant whether or not the influence is ultimately exerted and whether or not it leads to the intended result.

Abuse of functions or position

May be defined as the performance of, or failure to perform, an act, in violation of the law, by a public official in the discharge of his or her functions, for the purpose of obtaining an undue advantage for himself or herself or for another person or entity.

Defining a "public official"

Definition of "Public Official" according to UNCAC

Any person holding a legislative, executive, administrative or judicial office of a State Party (a nation member of the UN), whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person's seniority; any other person who performs a public function, including for a public agency or public enterprise, or provides a public service, as defined in the domestic law of the State Party and as applied in the pertinent area of law of that State Party.