GLOBAL WAR ON CORRUPTION

Barely noticed by the Indian media, if at all, the world launched a global war on corruption on December 14, 2005 when the United Nations Convention Against Corruption came into force with the 30th ratification of the instrument. The Convention was adopted by the General Assembly on October 31, 2003 and was open for signature until December 9, 2005. lndia waited to sign until the very last day and has yet formally to announce its ratification.

Such tardiness on the part of India is surprising and the indifference to the Convention disquieting. Despite the hue and cry over various scams, has corruption become such a way of life as to be tolerated and confronted at leisure? Sadly rated as one of the more corrupt countries in the world by Transparency International, India needs to act with alacrity and comprehensively across the board to curb this evil that is eating into the vitals of the nation. Even when the Convention is ratified, it will be of little avail unless its provisions are incorporated into the country's jurisprudence through appropriate amendments and regulations. India's record in incorporating international conventions into domestic law has not been particularly satisfactory partly because of poor inter-departmental liaison but even more so on account of public ignorance of the substance and significance of these instruments.

The UN Convention notes the connection between corruption and other forms of crime, particularly economic crime like money laundering, and expresses concern over its negative impact on democratic institutions, national economies and the rule of law. What is of greater interest is the affirmation that corruption is no longer a local matter but a transnational phenomenon that calls for "international cooperation and technical assistance" for its effective prevention and control. Indians must surely be alive to the relevance of this aspect in the light, most recently, of the Quattrocchi caper.

The Convention binds countries to render mutual legal assistance in gathering and transferring evidence, extraditing offenders and tracing, freezing and confiscating the proceeds of embezzlement of public funds and gains from certain forms of corporate corruption. Indeed, asset-recovery is explicitly defined as a fundamental principle.

FEATURES OF THE CONVENTION

Certain features of the Convention merit special attention. The definition clause states that a public official shall mean any person holding legislative, executive, administrative or judicial authority, whether appointed or elected, temporary or permanent, whether paid or unpaid, irrespective of seniority. This removes the many layers of protection provided under Indian law and practice, through such debilitating impediments as the "single directive" that mandates prior sanction from higher political or administrative authority for prosecution. Such sanction is a rarity and certainly dilatory as the chain of corruption often has embarrassing forward and backward linkages.

The Convention enjoins governments to guarantee anti-corruption agencies the independence to function effectively, "free from any undue influence" unlike the CBI and Special CID cells in State police departments which have all too often been subject to political influence. Stress is laid on transparency and objectivity in the selection and promotion of investigatory and enforcement personnel and on the prescription of criteria concerning candidature for and election to public office. Legal protection is also sought for whistleblowers who should not need to fear the consequences of violating official secrecy.

The Convention also provides that State parties may consider corruption a relevant factor in legal proceedings "to annul or rescind a contract, withdraw a concession or other similar instrument or take any other remedial action". Most important is the duty imposed on national authorities to cooperate with their counterparts even to the extent of securing a waiver of bank secrecy laws.

A Conference of State Parties to the UN Convention has been established and the UN Secretary General is required to convene it not later than December 9, 2006 to review and strengthen mechanisms for its implementation. This gives India time to get its act together and incorporate critical provisions of the Convention into domestic law. We have so often heard pleas of helplessness from the government in investigating corruption and apprehending suspects, whether Indian or foreign for lack of foreign jurisdiction or international assistance . The UN Convention Against Corruption plugs this loophole and vests the Government with a powerful instrumentality to bring offenders to heel.

A JNU economist, Prof. Arun Kumar, estimates that some Rs.12 lakh crore of black income is currently being generated in India annually on which the nation notionally loses about Rs.4.5 lakh crore in tax revenue. This is a staggering figure and, as always, the final incidence of such national theft falls on the poorest. Black money breeds crime, corrodes the system and undermines democracy, economic growth and social stability. Moreover, Kumar states, though capital short, India is exporting around Rs.1.5 lakh crore of capital per annum through hawala and other illicit channels.

The parallel economy sustains a parallel government ! This is a clear and present danger. Corruption has not merely to be exposed. It must be eradicated.

(Courtesy: Deccan Herald dated 8.2.2006)

LATE ONE night a mugger wearing a ski mask jumped into the path of a well-dressed man and stuck a gun in his ribs. "Give me your money", he demanded.

Indignant, the affluent man replied, "You can't do this I'm a politician!"

"In that case", replied the robber, "give me my money;"

 

April-June 2006