Committee: United Nations Development Programme (UNDP)
Topic B: Corruption and the Rule of Law
In 2011, the streets of Sana’a, Yemen were filled with protestors against the autocratic regime of President Salah. Problems in Yemen are abundant; there is a delicate balance between tribal rivalries and centralized government, extreme poverty persists as the normal standard of living, inequality between small ruling classes over a desolate population continues to widen, oil revenues are only realized by an elite few, and terrorist organizations such as al-Qaeda have taken refuge in the relative anarchy of rural areas. Yet, beyond all those problems, the largest grievance Yemenites have is the incessant corruption within governmental institutions, ranging from police forces, judicial authorities, and even the highest levels of government. For instance, police authorities have been known to not act on any matters unless they receive a bribe from citizens. Yemen serves as a prime example of corruption in LDC’s (Less Developed Countries) and how it can be an impediment to social harmony, economic development, and human security. The United Nations Development Programme, which aims to eradicate poverty through development, is “concerned about the seriousness of problems and threats posed by corruption to the stability and security of societies, undermining the institutions and values of democracy, ethical values and justice and jeopardizing sustainable development and the rule of law.” (A/RES/58/4)
Corruption is a term not easily defined. The basic definition of corruption is giving something to someone in power so they will abuse the power and act in favor of the giver. (Dakwoji) Or even more simply, corruption can be described as the abuse of public office for private gain. However, this definition is too simplistic, conceptualizing corruption in only the literal sense of bribery. More generally, corruption is the state’s inability to enforce the rule of law, allowing individuals (possibly working within the government) or nongovernmental groups to consolidate power in the absence of strong central authority. Examples range over a multitude of issues, from lenient regulation over certain industries, outright bribery and graft. Corruption is present in all political societies, however is often endemic within developing societies that lack a strong rule of law and/or democratic process. Corruption in the United States or other western states is more subtle and under the table; the democratic process and active media make it a much more difficult task. Governments are the strongest forces within the state. In developing and under-developed states, corruption is a part of everyday life. There is little attempt to mask corrupt practices, as there is typically little retribution. More often than not, corruption is on small, trivial matters of little importance. The police officer pulls someone over and instead of issuing a ticket asks for a bribe. The border patrol officer allows illegal traffic for a price. By themselves these acts are not important, but systemically they are an extreme impediment to economic, political, and social progress.
The United Nations has taken an active role in the severe reduction of corruption, particularly in developing states where equality and a proper rule of law is essential for development. Specifically, the United Nations Convention against Corruption highlights the reasons and tactics used for battling corruption. The purpose of the Convention was “to promote and strengthen measures to prevent and combat corruption more efficiently and effectively,” to promote, facilitate and supports international cooperation and technical assistance in the prevention of and fight against corruption,” and “to promote integrity, accountability and proper management of public affairs and public property.” (A/RES/58/4) The Convention also highlights numerous prevention measures, including the forced codes of conduct for public officials, open management of public expenses, public reporting of governmental matters, measures relating to the judiciary, measures to increase civil society, and halting of money laundering. (A/RES/58/4) The enforcement of prevention measures vary and directly reference specific offenses perpetrated by public officials.
The first concern is the social and political instability corruption poses on developing societies. Politically, instability stems from the people’s desire for fair and accountable governance that does not favor the wealthy or well connected. The Arab Spring exemplifies the political instability that arises from overly corrupt systems. The failure of the rule of law to provide basic protections and rights to citizens allows the growth of non-governmental groups, such as terrorist groups and other criminal organizations, to claim power typically reserved for governing authority. For example, the Pakistani government does not have control over many of the mountainous border areas in between Afghanistan, which has been a safe haven for terror cells. (Fortune) Government cannot effectively govern if they lack a consolidation of power, as any internal threat to the government’s authority discredits the notion of rule of law. Without this, citizens feel they must act independently, outside of the laws that are not enforced, to better their lives in any way possible. Hence, citizens may turn to non-government actors to provide sustenance and security in favor of their allegiance. Next, social instability arises from corruption through the massive inequality that typically accompanies it. Corrupt systems inherently favor the wealthy, who without the rule of law (or more specifically democratic rule of law) can buy favor from either the government or powerful non-government actors. The influence of wealthy citizens allows for an extreme accumulation of wealth. The very nature of democracy leans towards equality, while not necessarily monetarily, but certainly politically for all citizens. Yet, even though democracy does not necessarily equate to economic equality, the equalization of opportunity afforded in democratic systems allows for greater economic equality as well. Economic mobility (the ability of people to change one’s economic status) is extremely low in states with rampant corruption, leaving many of the poorest peoples in a perpetual state of poverty. It is easier for the wealthy to sustain their wealth through corrupt practices, disallowing the rest of society to achieve economic security and well-being.
Additionally, corruption does not only have social and political consequences, but is felt economically as well. The belief is that corruption is an impediment to economic development, dissuading investors from proving foreign direct investment (FDI) for economic growth. Foreign direct investment is any inflow of money and/or capital into a nation, providing under-developed societies the resources to grow and create wealth. Most providers of FDI are multi-national corporations (MNC’s) that are acting in their own self-interest of making money in cheaper labor and resource markets. Yet, if these developing states cannot provide a solid framework to protect investments, MNC’s often leave for less risky ventures. Recently, an American CEO of a major corporation announced that the company was pulling out of Brazil because of a string of unfair and unreasonable rulings in the courts. (Fortune) Even the President of Brazil agreed the rulings were egregious and exemplified corrupt practices that are still common within government and society. However, MNC’s can also be the cause of corruption, as the practice of going to cheaper labor markets with less regulations creates an incentive for states to “race to the bottom” by lowering their labor and environmental standards. Global competition for FDI between developing states sometimes leads to corrupt practices by government officials to pocket most of the investment, and in return the MNC will have their desired cost intensive standards. Either way, it seems the citizens for developing societies lost. The cycle of corruption and poverty is self-sustaining; the only way to offset it is to educate and embolden citizens with democratic values. A prime example of endemic corruption is in Nigeria, which continues to struggle with development due to a lack of strong political leadership and corruption. Top Nigerian authorities are the ones that claim to be fighting corruption, yet ultimately are the worst perpetrators. (Dakwoji) The World Bank claims that without a drastic change in governance, Nigeria will continue to miss out on donor and investment opportunities. (Dakwoji) With this in mind, the United Nations and a number of international organizations are working to rid developing states of widespread corruption.
Transparency international is an NGO (Non-Governmental Organization) that monitors statewide corruption and promotes ways to create more democratic and inclusive societies. Since its founding in 1993, Transparency International has played a leading role in improving millions of lives by offering hope and solutions against the seemingly inevitability of corruption. (About us) Transparency International works to rid societies of the apathy and tolerance which allows corruption, making citizens believe that there is another way of governance, that society does not have to be unfair and unjust. (A statement) The organization educates the public by releasing their Corruption Perceptions Index, which gives numerical value to the level and type of corruption within societies. The index is formed by a number of business surveys and reputable studies to collect the necessary data. Broadly speaking, the surveys and assessments used to compile the index include questions relating to bribery of public officials, kickbacks in public procurement, embezzlement of public funds, and questions that probe the strength and effectiveness of public sector anti-corruption efforts. (Corruption Perception Index) States are given a rating in between one and ten, with one being extremely corrupt and ten being fully open and inclusive. The Scandinavian countries of Sweden, Finland, and Norway top the list, with other western powers like Britain, France, Germany, and the United States in the top 25. (Corruption Perception Index) Conversely, the most corrupt governments are seen in Africa, Southeast Asia, and the Middle East. Somalia is currently rated the most corrupt society in the world, which is not surprising considering the lack on any rule of law or centralized authority. As the world witnessed in the 1990’s with the failed peacekeeping mission and the 2009 abduction of American’s by Somali pirates, Somalia is currently an anarchic state that provides no services or security to its citizens. There is no civil society in Somali, and is completely dependent on the United Nations, IMF, World Bank, and NGO’s for relief and assistance. Recently, Transparency International has taken a look into the corruption of Greece and its ties to their economic and political turmoil. One example of Greek corruption is in their public health system, which reports that in 2010 more than a third of people surveyed who used a public health sector facility reported paying a bribe to secure a service or jump a queue. (Tackling Corruption in Greece)
Corruption is a systemic problem within developing societies. It stands in the way of social, political, and economic progress towards a democratic, liberal society. The international community and United Nations have enacted a number of measures and programs to prevent corruption; however, it is much easier said than done. States that sign the Convention against Corruption must show a willingness to change corrupt practices and institute stronger rule of law. NGO’s such as Transparency International can only be effective if they are working with willing developing states that want to reform.
Questions
- How strong is the rule of law in your country? If it is weak, what actions are being taken to improve?
- Does your government have a full consolidation of power?
- Has corruption affected economic development in your country? If so, how?
Works Cited
Transparency International. “About Us.” http://www.transparency.org/about_us
Transparency International. “A statement of vision, values, and guiding principles.” http://www.transparency.org/about_us/organisation/statement
Transparency International. “Tackling Corruption in Greece.” http://www.transparency.org/news_room/in_focus/2011/tackling_corruption_in_greece
Transparency International. “Corruption Perceptions Index 2010.”
United Nations General Assembly. “Resolution A/58/4: Convention against Corruption.”
Fortune. “The Biggest Problem for Developing Economies: Corruption.”
Dakwoji, S. “Leadership, Corruption and Development/LEADERSHIP, CORRUPTION ET DÉVELOPPEMENT.” Canadian Social Science, 6(6), 173-179. (2010)