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CORRUPTION
PREVENTION, WORK
ETHICS, INTEGRITY,
ACCOUNTABILITY,
TRANSPARENCY AND
STEWARDSHIP
Kenya Anti-corruption
Training
Christopher Ogola
Corruption Prevention,
Work Ethics, Integrity,
Accountability,
Transparency and
Stewardship
By
Christopher Ogola
ii
Ariba Book Publishers
Website: www.aribabp.com
Email: admin@aribabp.com
ISBN: 978-1719520669
First published 2018
Printed by: Susmo Enterprises
P.O Box 345-00511
Nairobi
iii
ABOUT THIS BOOK
Corruption is so much ingrained in the society that it has
become acceptable norm, both in the social-cultural and
political fabric of the society and this has made it so difficult to
fight and eradicate corruption. Worse to this, many people are
not reporting cases of corruption and are not aware of the
negative impacts of corruption on the people and the nation
and its cost to the society in general.
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Table of Contents
v
Chapter One
INTRODUCTION TO CORRUPTION
Definition, Why People Become Corrupt, Characteristics
1
4. A belief that they will not be caught and that even if
caught, punishment will be light
5. Competition for insufficient goods and services
2
Chapter Two
CATEGORIES OF CORRUPTION
Categories
3
practice, but rather a situation in which the major institutions
and processes of the state are routinely dominated and used
by corrupt individuals and groups, and in which most people
have no alternatives to dealing with corrupt officials.
4
threaten the mechanisms of control nor the economy as such.
It is not crippling, but it can seriously undermine morale and
sap the economy of resources.
5
2.9 Direct Corruption
Direct corruption is when someone personally engages in
unethical actions to make a gain for himself/herself. An
example is a public official taking funds that were paid to the
government in taxes and embezzling the money to make
himself/herself rich.
6
Chapter Three
PREVALENT ACTS OF CORRUPTION
Prevalent Acts
3.1 Bribery
Bribery is the form of corruption that receives the greatest
share of reference. It is the essence of corruption. Bribery is an
offer of money or favours to influence a public official and can
come in the form of a fixed sum, a certain percentage of a
contract, or any other favour in money in kind, usually paid to
a state official or business person who can make contracts on
behalf of the state or business or otherwise distribute benefits
to companies or individuals, businessmen and clients.
Sometimes the concept of bribery can be hidden under the
guise of other terms such as kickbacks, gratuities, sweeteners,
commercial arrangements, speed money, pay-offs, and milking.
In all cases, these words explain payments that serve to make
things pass more swiftly, smoothly and more favourably
between two parties who are, in the case of this module, the
government and an outside party.
Through bribery corporations and businesspersons can buy
political favours, escape the burden of taxes and environmental
regulations, and buy protected markets and monopolies, and
import/export licenses. Bribery can also be a form of informal
taxation when public officials charge additional unofficial
7
payments or expect gifts from clients in order to process a
request.
Through bribery business interests can also buy political
favours and, for example, escape the full burden of taxation
and environmental regulations, buy protected markets and
monopolies, import and export licenses, and gain access to
large state contracts on capital goods or major civil
engineering projects. All of these activities compromise free
competition and disturb the national economy.
Usually, both the giver and receiver of bribe are liable for the
offence of bribery. The penalties for bribery offense include:
1. Imprisonment
2. Being fined
3. Being barred from holding public office
4. Being disqualified from transacting business with the
government
5. Being disqualified from serving as a government partner in
any firm
6. Confiscation of any property acquired through bribery
7. Punishment by ones professional body
3.2 Fraud
Fraud occurs when a person cheats another through deceit. It
is usually a financial crime in which someone manipulates or
distorts information and facts. For example, false advertising,
identity theft, illegal trade networks, counterfeiting and
8
racketeering, forgery, smuggling, confidence tricks, inflated
invoices, double salary payment, bid rigging, contract over-
payment and other actions of deceit are examples of fraud. In
the public domain, a public official who commits fraud
manipulates the flow of information for his personal profit.
Even when they are not actually involved in fraudulent
activities, government officials who ignore the fraud are set to
be passively participating in the fraud that is committed by
others. The penalties for fraud offense include:
1. Heavy fines
2. Incarceration
3. Restitution for the victims
4. Being barred from holding public office
Note:
Some people use the word "fraud" to mean “misstatement"
and vice versa, but they are different in the following ways:
1. Fraud is a deliberate misstatement of a material fact while
misrepresentation is a bona fide representation of
misstatement believing it to be true which turns out to be
untrue
2. Fraud is done to deceive the other party but
misrepresentation is not done to deceive the other party
3. In fraud, the party making representation knows the truth
however in misrepresentation the party making
representation does not know the truth
9
3.3 Money-Laundering
Money laundering involves a process used which disguises the
original control or ownership of money giving it the false
impression that it has come from a legal source. Criminals
involved in money-laundering usually avoid detection by doing
the following:
1. Smurfing - is when money is broken down into legal
allowed amounts to avoid detection. The small amounts are
then deposited to the bank
2. Cash Smuggling – smuggling of bulk cash amounts over
borders
3. Operating shell corporations - shell corporations exist on
paper, but they don’t operate or they operate at a
minimum. They are used to open offshore accounts
4. Buying foreign currency - using the illegal money through
foreign exchange companies and then changing it back at a
later stage to get legal money in return
5. Blending – is blending funds in business by mixing
legitimate and illegal money
The penalties for money-laundering include:
1. Imprisonment
2. Heavy fines
3. Probation
4. One may be barred from holding public office
5. Restitution for the victims
10
3.4 Embezzlement
This is the process of stealing, misdirecting or misappropriating
funds or assets placed in one’s trust or under one’s control.
The two forms of embezzlement risk include:
1. Cash embezzlement – For example, using public money to
buy a personal property such as land, vehicle, a house etc
2. Assets embezzlement – For example, using public vehicles
for unauthorized personal use such as transporting goods
for personal business, construction materials etc
The penalties for embezzlement offense include:
1. Heavy fines
2. Imprisonment
3. Probation
4. One may be barred from holding public office
5. Restitution for the victims
3.5 Extortion
This is the act of impairing or harming, or threatening to impair
or harm, directly or indirectly, any party or property of the
party to influence improperly the actions or decisions of a
party. The following are some of the different criminal actions
that fall under extortion:
1. Threats to drive someone out of business
2. Threats to destroy somebody’s good name
3. Threats to kidnap or injure somebody
4. Threats to expose somebody’s family or personal secret
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5. Threats to collect a debt by illegal means
6. Threats to hurt somebody if they do not do something
Note:
Extortion should not be confused with robbery because
robbery often makes use of force in order to gain something
from another person while in extortion a victim willingly hands
over whatever the perpetrator is asking for in order to avoid
suffering from damages, violence, or exposure at a later date
The penalties for extortion offense are:
1. Heavy fines
2. Prison sentence
3. Restitution for the victims
4. Probation
5. Being barred from holding public office
12
3.7 Clientelism
Clientelism is at the heart of how corruption is spread through
the government. It is characterized by "patron-client"
relationships in which relatively powerful and rich "patrons", in
the case of parliamentarians, political candidates, and promises
to provide relatively powerless and poor "clients" with benefits,
such as jobs, protection or infrastructure, in exchange for votes.
These relations are corrupt because they exploit the poor or
disenfranchised to become indebted to the elected, for work
that is a part of his job responsibilities. Thus, the democratic
principles that define the political process are reduced.
3.8 Rent-Seeking
It is the process by which an individual, organization, or firm
seeks to profit by manipulating the economic environment,
rather than improving and expanding economic activity. Often
times rent-seeking behaviour is considered corrupt because it
implies that money, or potential earnings, are reallocated in a
manner that is not beneficial to or approved by all
stakeholders. Rent seeking also occurs when monopoly
privileges are sought, for example a major media company is
engaged in rent-seeking behaviour when it seeks to change
the media ownership laws in its favour or against other
companies because it benefits not by producing something
that others want to pay for through the market, but by the
force of law. Whether legal or illegal, as they do not create any
13
value, rent-seeking activities can impose large costs on an
economy.
3.9 Cronyism
Cronyism is a type of partiality in which a long-standing or
close friend is given any position or authority regardless of his
qualification. It is contrary to the term meritocracy that
considers the merit. Cronyism happens when the appointer and
the beneficiary are in social contract. This practice is conducted
by the appointer especially when he is in a weak position on
his job position or authority and appoints individuals who will
not try to weaken him or her or express views contrary to his
or her decisions.
3.10 Collusion
Collusion is an arrangement between two or more parties
designed to achieve an improper purpose, including influencing
improperly the actions of another party. In the everyday
working world, there are various flavours of collusion. General
expressions or behaviours that reflect collusion are things like,
"giving to get", "you scratch my back and I'll scratch yours",
"going along to get along" and "one hand washing the other".
An example of collusion is where bidders collude in order
fraudulently to arrange which bidder will win a contract and at
what price.
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3.11 Nepotism
Nepotism is another common form of corruption that occurs
when officials favour relatives for positions in which they hold
some decision-making authority. This type of favouritism is the
natural human proclivity to give preferential treatment to
friends and families, and occurs in both the public and private
sectors.
15
Chapter Four
CAUSES OF CORRUPTION
Causes
16
4.4 Lack of awareness and courage
Lack of courage to denounce corrupt behaviour and situations
is conducive to corruption. That is the case of someone who is
aware of corruption and stays quiet. They simply cover for the
corrupt individuals, perhaps thinking that it is not their
problem, or perhaps out of cowardice, so as not to make their
lives more complicated.
17
compliance program is adequately implemented and if it is not,
why not.
18
4.12 Lack of strong civil society
When the civil society is weak, citizens become more
vulnerable to exploitation and are unable to construct the
coordination mechanism necessary to combat corruption. Most
countries with poor social empowerment have a deeply
entrenched corruption.
4.15 Favouritism
Favouritism can be demonstrated in hiring, honouring, or
awarding contracts. Favouritism undercuts the transparency
that should be part of governmental hiring and contracting
processes and this can cause corruption.
19
4.16 Low salaries:
Lowly paid workers who handle transactions involving huge
amounts of money can be tempted to engage in illegal deals
since even the smallest supplement to the income can have an
important impact on a family’s living conditions.
4.18 Favouritism
Favouritism can be demonstrated in hiring, honouring, or
awarding contracts. Favouritism undercuts the transparency
that should be part of governmental hiring and contracting
processes and this can lead to, or cause corruption.
20
Chapter Five
CORRUPTION IN VULNERABLE SECTORS
Vulnerable Sectors
5.1 Police
No police force is above corruption given the extent of
discretion usually bestowed on officers in enforcing the law.
The police service is a national haven for petty corruption such
as the payment of a bribe to avoid a traffic fine. The following
are effects of police corruption:
1. Police corruption tarnishes the public image of law
enforcement. This discourages people from reporting
criminal cases to the police.
2. Police corruption protects other criminal activities such as
drug dealing. Protected criminal activities are often lucrative
sources of income for organized crime.
3. Police corruption encourages impunity by allowing criminals
and corrupt individuals both in the public and private sector
to go unpunished. This is common when politicians and
high profile public officers have committed financial crimes.
4. Loss of lives on roads (due to corrupt traffic officers), loss of
businesses, personal properties through confiscation etc
How to avoid police corruption:
1. Politely refuse to pay the bribe - Simply do not accept
paying a bribe as a solution. If you broke the law and were
21
caught, accept the fine and not the bribe as your
punishment. Remain respectful at all times.
2. Do not accept the threats -If you have not broken the law
and the police officer is just harassing you for a bribe, ask
him to write up a fine. It is unlikely that he will do so as it
will create a paper trail that will lead back to him. If the
harassment continues, the police officer is committing a
crime, and you are entitled to phone the police for help.
3. Report the police officer -Most police officers who are
soliciting bribes will ensure that their badge number and
name are not visible. If you can see this identifying
information, take it down. It is also worth noting any license
plates or the location of a road block, as these could be
used to identify the officer.
5.2 Judiciary
An effective and demonstrably independent judiciary
guarantees fairness in the legal process and, ideally, the
equality of all under the law. As such, it is a powerful weapon
against corruption. Judicial corruption, however, strikes at the
very heart of a society, jeopardizing the rule of law and making
a mockery and sham of the very idea of justice and its
impartial administration. Two types of corruption that most
affect judiciaries are political interference in judicial processes
by either the executive or legislative branches of government,
and bribery. Judges can be subjected to political pressure, and
22
political interference can also distort the judicial appointment
process. An inefficient court system that creates a backlog of
cases can lead to bribes in seeking to have matters fast
tracked. Some of the effects of corruption in the judiciary are:
1. Encourages more corruption in the public sector - because
most corrupt government officials and politicians are not
punished for being corrupt by the court of law. They end up
stealing large amounts of money from the public. In fact,
more people are becoming more corrupt because they can
manipulate court decisions. They use part of the money
stolen to improperly win court cases against them.
2. Undermines social and economic development - when the
money meant for improvement of various social and
development projects end up in the hands of the corrupt,
for example money meant for construction of roads,
hospitals, etc
3. Leads to suffering by people, especially the poor - for
example, whenever there is a case involving a poor and a
rich person, there is a high chance that the poor will lose
the case even if the court should rule in favour of him/her.
This is because they have no economic ability to offer
bribes to the court officials.
How to prevent corruption in the judiciary:
1. Always refuse to pay the bribe - simply do not accept
offering the bribe or any other favour improperly demanded
from you.
23
2. Report the corrupt - in case you are being threatened or
harassed, report the official threatening/harassing you to
the police.
3. Accept the penalty - in case you are found guilty of an
offence, accept the penalties but never offer a bribe.
Accepting the penalty is one way of being sorry for the
offence you have committed.
24
encourages the government to borrow a lot of money
which are repaid with very high interest rates.
3. Misallocation of public spending when investment decisions
are influenced by the opportunity to corruption. For
example, large construction projects like roads, railways etc
are given priority at the expense of sectors such as health
and education
4. Negative effect on economic development because the
money meant for growth end being stolen. This contributes
to more poverty
To prevent corruption in the procurement sector:
1. Refuse to pay/demand a bribe - if you have been asked for
a bribe to win a contract, report the case to the relevant
authorities. Also, if you detect that a contractor/supplier is
planning to offer bribe or other improper benefit to the
recipient, report him/her to the authorities.
2. Never falsify records
3. Simply cancel the contract if it must involve corruption
4. Consult in case you do not know the procedure to be used
in the procurement process
5.4 Taxation
Corruption in the taxation system has the potential to starve
the government of the much needed revenue that is either not
collected or diverted illegally. Any lack of clarity in tax
legislation requiring discretion on the part of officials is an
25
opportunity for corruption. These are some of the effects of
corruption in the tax sector:
1. Loss of job, fines or jail for those who are found guilty for
committing corruption offence
2. Lower tax collection as a result of stealing and
embezzlement of the tax collected, as well as failure by tax
payers to pay tax.
3. Results in government budget deficit because of inadequate
tax collection as indicated above.
4. Underdevelopment when the government is not able to
finance development activities due to deficits. This
negatively affects economic growth
5. Foreign borrowing by the government to cover the budget
deficits. Borrowed money is expensive due to very interest
rates
Corruption in this sector can be reduced by:
1. Being responsible -Pay tax as required by the law
2. Reporting the tax defaulters -Report those who are not
paying taxes
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1. Loss of job, fines or jail for those who are found guilty for
committing corruption offence
2. Resentment stemming from corrupt land transfers leading
to conflict and violence
3. Non-consensual land transfer, potentially leading to a loss
of livelihood for dispossessed families
4. Reduced confidence in the enforcement of existing land
rights which may in turn increase the risk of reducing
investment and engagement with formal land registration
systems
5. Inefficient land ownership with land owned by those most
able to undertake corrupt acts rather than those with the
best potential to use it.
6. Reduced desire among elites for land reform and the
implementation of a well-functioning system of land
governance. If elites can acquire land corruptly they will feel
less the need for a well-functioning land- market. Reforming
the governance of land is also often tied up with reforming
the allocation of land, and hence a greater amount of land
accumulated unjustly will lead to greater fears of future
reallocations
To prevent land corruption:
1. Always refuse to pay the bribe
2. Never accept a bribe or any other favour improperly
demanded from you.
27
3. Report the corrupt - In case you are being threatened or
harassed, report the official threatening/harassing you to
the police.
28
To prevent corruption in the county administration:
4. Always refuse to pay the bribe
5. Never accept a bribe or any other favour improperly offered
to you.
6. Report the corrupt officials - In case you are being
threatened or harassed, report the official
threatening/harassing you to the police.
5.8 Defence
With huge budgets and lucrative contracts combined with a
lack of transparency because of military and strategic secrecy,
the defence sector poses unique risks. It is especially vulnerable
given the prevalence of single source contracts, unaccountable
and often overpaid agents, obscure defence budgets and
effective scrutiny obscured by a veil of secrecy for “national
security” reasons. There are also corruption cases during
recruitment of military personnel.
29
5.9 Education
Education is one of the single biggest items in the budget and
therefore represents a prime target for corruption. Because
education requires an often large and complex administrative
apparatus, the opportunities for corruption are many and
varied. Those who provide education services are in a strong
position to extort favours.
5.10 Health
Corruption in the health sector has severe consequences on
access, quality, equity and effectiveness of health care services.
At the service delivery level, unofficial user fees (informal
payments) either discourage the poor from utilizing services or
force them to sell valuable assets driving them further into
poverty. Informal payments are regressive and can constitute a
major burden on scarce household resources. Procurement of
drugs and expensive medical equipment may involve bribery,
kickbacks and fraud, embezzlement and misappropriation.
30
5.12 Media
Mass media is the most important source of information for
citizens. However, they represent a potentially significant means
of manipulating and influencing public opinion for private or
political interests. Monopoly media control, whether
government or private, can lead to corruption through
censorship, selective broadcasting or the promotion of private
or political interests.
5.14 Elections
The falsification of election results represents a major fraud on
the public and constitutes a fundamental corruption of the
democratic process. Like other areas of corruption, it takes
many forms, from the manipulation of the electoral rolls, the
prevention of eligible citizens from voting, the illegal
disqualification of candidates, vote buying to falsify results etc
31
5.15 Private sector
Much of the focus on anti-corruption is concerned with the
public sector, but corrupt actions in the private sector are often
a causal factor in corruption in the public sector. Like other
forms of corruption it can take many forms, but is mostly
associated with the payment of bribes, unlawful inducements
to officials, and acceptance of illegal commissions or kickbacks
etc. The private sector can also avoid paying taxes through a
range of illegal and quasi-legal subterfuges thus depriving host
governments of revenue.
32
Chapter Six
MEASUREMENT AND EQUATION OF
CORRUPTION
Measurement, Equation
33
C stands for corruption,
R stands for economic rent,
D stands for discretionary powers,
A stands for accountability
Stated differently, the equation tells us that a fertile ground for
growth of a thoroughly corrupt system emerges if it satisfies
the following five conditions:
1. It has a large number of laws, rules, regulations, and
administrative orders to restrict business and economic
activities, thereby creates huge opportunities for generating
economic rent
2. If it has a large number of restrictive measures that are
complex and opaque and applied in a selective, secretive,
inconsistent and non-transparent way;
3. Administrators are granted large discretionary powers with
respect to interpreting rules, are given a lot of freedom to
decide on how rules are to be applied, to whom and in
what manner they are to be applied
4. Administrators are vested with powers to amend, alter, and
rescind the rules, and even to supplement the rules by
invoking new restrictive administrative measures and
procedures; and
5. There are no effective mechanisms and institutional
arrangements in the country to hold administrators
accountable for their actions.
34
Chapter Seven
EFFECTS OF CORRUPTION
Effects
35
7.2 Effects on Society
36
7.3 Corruption corrodes public trust, undermines the rule of
law and democracy
Rules and regulations are circumvented by bribes, public
budget control is undermined by illicit money flows and
political critics and the media are silenced through bribes or
extortions levering out systems of checks and balances.
Moreover, corruption in political processes like elections or
party financing undermines the rule of the people and thus
democracy.
37
is too high when one factors in the bribes. Reduced investment
leads to reduced goods and services, burdens the government
through importation of the goods and services.
38
7.9 Inferior public infrastructure:
The allocation of public procurement contracts through a
corrupt system leads to inferior public infrastructure and
services. For example corrupt officials might allow the use of
cheap sub-standard materials in the construction of roads,
buildings or bridges. When corrupt politicians influence the
approval of an investment project, the rate of return as
calculated by cost benefit analysis ceases to be the criterion for
project selection. Consequently, the selected projects are not
selected on merit. These projects are sometimes never
completed because of exorbitant upfront bribes eroding the
operating capital.
39
forces and private initiative, as well as limiting discretionary
powers, special privileges, and price distortions – all of which
will reduce opportunities for economic rent on which
corruption thrives. The rich and the powerful, the main gainers
of a corrupt system, therefore can oppose reforms.
40
banking regulations. Violating these laws for economic gain
through corrupt means can cause serious social harm. There
has also been growing concern over corruption in large
infrastructure projects such as dams and bridges, railways and
roads. Shoddy workmanship, use of substandard materials and
disregard for proper design and engineering specifications, due
mainly to corruption, has caused bridges and buildings to
collapse resulting in heavy loss of life and property.
41
Chapter Eight
PREVENTION OF CORRUPTION
Benefits of Prevention, Prevention
42
8.2 Individual Preventive Measures
1. Act at all times honestly and without deception.
2. Report the corrupt people
3. Never offer, give, demand or accept any bribe or other
improper advantage.
4. Never participate in any dishonest or deceptive activity in
relation to any pre-qualification, tender or nomination
process.
5. Never provide, conceal, or approve work, materials,
equipment or services which are not of the quality and
quantity required under a contract
6. Never provide false, inaccurate or misleading information.
7. Never dishonestly withhold information
8. Never make or submit false, inaccurate, misleading or
exaggerated records, invoices, claims, extensions of time, or
requests for payment
9. Never dishonestly refuse or fail to approve, or delay in
approving, work, materials, equipment, services, invoices,
claims or requests for
10. If you are a government or company officer of, or have any
management responsibility for, a company, you must act as
follows:
a) You must make proper enquiries regarding any suspicion
of corruption of which you become aware.
b) You must take reasonable preventive measures to
stop corruption for which the company may be liable.
43
c) You must not instruct, authorize or condone,
expressly, any corrupt activity.
44
1. Opening sessions of the parliament, government, and the
courts to be made public
2. Registering lobbying activities
3. Publishing the voting records of parliamentarians
4. Annual reports of government bodies
5. Free and vibrant media is another important factor in
making transparency work for the general public.
45
8.4 Civil Society/Community Based Organisations (CSO, CBO)
Since most cases of corruption involve public officials and
private companies, Civil Society and community based
organisations as independent actors representing the interests
of the general public is uniquely positioned to investigate and
bring to light cases of corruption. This is achieved through
various functions:
1. Creating public awareness about corruption
2. Formulating and promoting action plans to fight corruption
3. Monitoring government’s actions and decisions in an effort
to reduce corruption.
4. Conducting further research, monitoring and evaluation (e.g.
annual integrity surveys)
5. Co-ordinating the corruption campaign with the media and
educational and religious organisations, for example in
colleges, secondary schools, universities, churches etc
46
in a timely fashion at low cost. For media to be effective in the
fight against corruption, the following should be done:
1. Legislating liberalisation of broadcasting
2. Legislating more access to information in ministries
3. Demanding more balanced reporting
4. Implementing Code of Conduct for journalists
5. Introducing more specialised training (e.g. investigative
journalism)
6. Demanding more balanced coverage between private-sector
and public-sector on corruption issues
7. Having media engage in public awareness campaign on
corruption issues
47
8.7 Independent & Effective Judiciary
Corruption has a devastating effect on the legal system. It
distorts law making, court ruling and law enforcement and in
the end, erodes the rule of law. This has devastating
consequences for the society as well as economic activity.
Any anti-corruption strategy needs a functioning legal system
to build on if it is to introduce real change. The challenge is
therefore to clean up the legal system and turn it from being
an arena of corruption into an effective tool for can be used as
an effective first step within broader governance reform is
outlined. The following can be done to ensure that there is an
independent, competent and clean legal system:
1. Introduce strict Code of Conduct for all sectors within
Judiciary
2. Conduct speedy investigations into allegation of misconduct
made against judicial staff according to existing regulations.
48
professionals in the judicial, prosecutor, and police arms of the
state.
49
8.11 Transparency and accountability in tax and customs
Corruption in customs and tax administration lowers state
revenues, creates a distorted private sector environment and is
often linked with smuggling and organized crime. Reforms to
simplify tax policy and eliminate discretionary exemptions help,
as does professional staff, standardization of forms and
procedures, and transparent systems such as the use of
computerized risk analysis at the borders. It is important to
eliminate one-on-one contact between taxpayers and officials
and ensure that operating and management systems are
efficient and easily monitored, including through periodic
taxpayer surveys.
50
politicians accountable for the poor performance associated
with high levels of corruption.
Historically, anti-corruption and accountability measures were a
by-product of these political struggles. While perceived
corruption of a particular party of candidate has shown to
influence voters’ decisions considerably and therefore exposure
of cases of political corruption is an effective deterrent to
corrupt behaviour, there are limits to the benefits of political
competition. Excessive political competition can become a
destabilizing factor if it undermines the legitimacy of existing
state institutions.
Political parties that lack broad-based support are more likely
to be dependent on powerful firms and financial interests for
sources of financing and non electoral tactics such as:
1. Vote-rigging
2. Intimidation
3. Acquiring a monopoly over election coverage by the media.
It is thus imperative that political parties be held to high
standards of accountability.
51
the cause of the community and therefore responsive to their
needs and encourage accountability which can help reduce the
incidence of corruption.
52
Chapter Nine
INTERNATIONAL ANTICORRUPTION BODIES
Transparency International, UNCAC, Other Bodies
53
8. Making development sustainable
9. Keeping climate finance clean
10. Protecting public money
11. Securing information for all
12. Helping people speak up
13. Empowering communities
54
prevent and combat corruption, and measures to prevent
money-laundering.
2. Criminalization and law enforcement: Acts that states are
encouraged to criminalise include acceptance of bribes by
foreign and international public officials, trading in
influence, abuse of function, illicit enrichment, bribery and
embezzlement within the private sector, money laundering
and the concealment of illicit assets. This chapter also
covers other issues related to enforcement and prosecution,
including protection of whistleblowers and witnesses in
corruption cases, as well as remedies for corruption, such as
freezing assets and compensating victims.
3. International cooperation: States Parties are obliged to
assist each other in cross border criminal matters. This
includes, for example, gathering and transferring evidence
of corruption for use in court.
4. Asset recovery: The UNCAC provisions lay a framework for
countries to adapt both their civil and criminal law in order
to facilitate tracing, freezing, forfeiting, and returning funds
obtained through corrupt activities.
5. Technical assistance and information exchange: Technical
assistance refers generally to support aimed at helping
countries comply with the UNCAC’s provisions. These
include provisions on training, material and human
resources, research, and information sharing. The
Convention encourages the provision of training on topics
55
such as investigative methods, planning and developing
strategic anticorruption policies, preparing requests for
mutual legal assistance, public financial management, and
methods used to protect victims and witness in criminal
cases. States Parties should also consider helping each other
conduct evaluations and studies on the forms, causes and
costs of corruption in specific contexts, with a view to
developing better policies for combating the problem.
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was adopted on 29 March 1996 and came into force on 6
March 1997. The IACAC establishes a number of anti-
corruption measures, including the following:
a) Criminalisation: Establishes the criminalisation of corrupt
acts, including bribery and illicit enrichment.
b) Cooperation: Includes provisions to strengthen
cooperation between its States Parties for mutual legal
assistance, technical cooperation, extradition and
identification.
c) Asset Recovery: Includes provisions to strengthen
cooperation between its States Parties for tracing, freezing,
seizing and forfeiting the proceeds of acts of corruption.
d) Monitoring: The IACAC Follow-Up Mechanism provides a
comprehensive system of inter-state monitoring and
compliance assessments.
3. European Union Norms and Standards on Anticorruption
The following are the norms and standards adopted by the
European Union:
a) Convention on the Fight against Corruption involving
Officials of the European Communities or Officials of
Member States of the European Union
b) Council of the European Union framework decision on
combating corruption in the private sector
c) First Protocol and Second Protocol to the Convention on
the protection of the European Communities’ financial
interests.
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Chapter Ten
WORK ETHICS
Work Ethics
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quiet and not disrupt others. Out of respect, you'll also hear
and consider everyone's opinions.
4. Cooperation - Having a good work ethic means you
cooperate with others. While work may not always be
satisfying or enjoyable, you see the bigger picture and do
what is necessary for the team and company. Instead of
debating every issue and finding reasons why things can't
get done, you use strong conflict resolution skills to solve
problems and manage the workload.
5. Selflessness - Employees in should make decisions solely in
terms of the public interest. They should not make any
decisions in order to gain financial or other benefits for
themselves, their family, or their friends.
6. Integrity - Employees should not place themselves under
any financial or other obligation to outside individuals or
organizations that might influence them in the performance
of their official duties.
7. Objectivity - Objectivity holds that in carrying out daily
activities, including making appointments or awarding
contracts, choices should be made on the merits.
8. Accountability - Employees are accountable for their
decisions and actions and must submit themselves to
whatever scrutiny is appropriate to their position.
9. Transparency and openness - Employees should be as open
and transparent as possible about all the decisions and
actions that they take. They should give reasons for their
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decisions and restrict information only when the wider
public interest clearly demands.
10. Dependability - Dependability is an essential element of a
strong work ethic. You have to prove that you are
dependable. You need to meet your deadline and if you
can’t meet it, you clearly communicate and offer alternate
timeline.
11. Adaptability - Adaptability means being open to change and
improvements. It also means adapting to the personality and
work habits of co-workers and supervisors. Each person
possesses their own set of strengths and adapting personal
behaviours to accommodate others is part of what it takes
to work effectively as a team.
12. Teamwork - Cooperative work can be highly beneficial in
the work environment, something that individuals with a
strong work ethic know well. Because they recognize the
usefulness of cooperative practices -- such as teamwork --
they often put an extensive amount of effort into working
well with others.
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e) Manipulation/withholding of information
f) Deliberate delays in service delivery
g) Negligence and dereliction of duty
h) Collusion with tax payers to cheat the public exchequer
i) Lying to please bosses out of fear of reprisal
j) Misuse of government facilities
k) Favouritism
l) Cover up of crime, frauds and financial irregularities
m) Being a party to electoral malpractices
n) Intoxication during working hours
o) Using abusive and insulting language
p) Insubordination
q) Dressing improperly and poor personal hygiene
r) Wilful destruction of government facilities
s) Always being late for work
t) Complaining about unexpected assignments
u) Gossiping colleagues
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f) Understanding the sanctity of Public Funds so that they
utilize them without leakages thereby providing maximum
benefit to the citizens
g) Ability to satisfy himself/herself with the government salary
and benefits and to imbue the philosophy of ‘Simple living
and high thinking’
h) Display of ‘Sense of justice and impartiality’ during decision
making,
i) Ability to stand up to truth despite adversity, fears and
threats
j) Develop self-confidence & faith in oneself and in one’s
ideas even if everyone condemns them as wrong
k) Motivate them to be the change they want to see in the
society
l) Fresh thinking, renewed energy and rejuvenation to do
something extra-ordinary and useful to the society
m) Empathy for citizens, especially for vulnerable sections of
society such as women, children, elderly and the disabled
n) Inculcate ‘Rational thinking’, ‘Self-accountability’ and ‘Self
transparency’ which are benchmarks of ethical conduct
o) Motivate the other employees to adhere to higher ideals in
life and to walk on the path of truth and righteousness
p) Report corrupt individuals
q) Keep accurate records and documents relating to duties
r) Not engage in private duties during official working hours
s) Being role models
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Chapter Eleven
INTEGRITY IN DETAIL
Integrity
63
f) Good stewardship of resources
g) Successful teamwork
3. Ethical behaviour, i.e. doing things with honour and with a
public purpose. Some of the features of ethical behaviour:
a) Trustworthiness
b) Fairness
c) Honesty
d) Lawfulness
e) Social Justice
f) Respecting rights
g) Confidentiality
4. Corruption controls, i.e. applying corruption controls and
not abusing entrusted power for private gain. These include:
a) Policies and procedures that set legal and social
standards against corruption
b) Incentives for those promoting integrity
c) A clear stance against corruption
d) Support for anti-corruption practitioners and agencies
e) Encouragement of anti-corruption champions
f) Discouragement of impunity
g) Protection of whistle-blowers
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4. The cumulative damage caused by corruption is not widely
appreciated
5. Those building integrity are not widely supported
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Chapter Twelve
ACCOUNTABILITY IN DETAIL
Accountability
66
someone else, or defer by saying “It’s not my job.” Leaders
must send the message and show by example by delivering
quality solution to the public. People working on problems
must be rewarded.
3. Make positive choices or decisions to act. Officials who
don't think they have enough training or sense of
mission shy away from making big decisions, which is vital
for accountability.
4. Think deeply about the consequences of each choice. Are
you working to get a problem off your back, or are you
only serving solution your ego? Are you creating the best
long-term for the people that you are serving, or are you
merely using an expedient? Think before you act.
5. Set high expectations for yourself and your team. When you
set your own sights high, you cannot help but inspire
others. When you know others are taking their lead from
you, it's easier to stay accountable. Inspired team members
will then set their own target higher, and that momentum
will lead to better experiences and success in the work
place both in private and public institutions.
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2. Vertical accountability - Is the means through which citizens,
mass media and civil society seek to enforce standards of
good performance on officials
3. Social Accountability – It is an approach towards building
accountability that relies on civic engagement, namely a
situation whereby ordinary citizens and/or civil society
organizations participate directly or indirectly in exacting
accountability. Social accountability initiatives are as varied
and different as participatory budgeting, administrative
procedures acts, social audits, and citizen report cards which
all involve citizens in the oversight and control of
government
4. Political accountability – Is acting by following the political
and programmatic provisions adopted by the government.
An effective political accountability has the following
characteristics:
a) Uses outcome as parameter of evaluation of
performance of political leaders
b) Citizens are the ultimate reference for the control and
the evaluation of political accountability
c) There are different consequences according to the legal
and constitutional system for political leaders who lack
accountability
5. Administrative accountability – Is acting in full compliance
with the legally established rules and procedures of
68
administration. The characteristics of effective administrative
accountability are:
a) Full subjection of administrative officials to a wide set of
legal, constitutional and administrative rules and
procedures that govern their performance
b) Full subjection of administrative officials to instructions
and commands issued by officials superior in the
hierarchical ladder
c) Realisation of administrative accountability is done
through numerous internal and external mechanism of
supervision, among which mechanisms of financial
control are especially relevant
d) Evaluation is based on fulfilment of administrative
officials, and also proper use of public resources
e) Punishment of administrative officers who cannot
account for their decisions
6. Professional accountability – Is acting in full compliance
with the technical rules and practices of a given profession.
An effective professional accountability has the following
features:
a) Subjection of professional officials to a set of rules and
practices which are set by the profession itself
b) Autonomy of the members of the profession where they
act following their personal criterion and professional
knowledge
69
c) Realisation of accountability through organs of
supervision and control of the public administration
d) Evaluation based on performance’s compliance with the
technical rules and principles technical-professional
character, formed by members of the same profession
by the profession, as on the performance’s technical
results
e) Punishment of professionals who do not account for
their actions.
7. Democratic accountability – Is acting according to the needs
and interests of social groups or society as a whole. The
characteristics of an effective democratic responsibility are:
a) Official and administrative units subjection to the needs
and interest of social groups or society at large
b) Realisation of accountability is done through
mechanisms of popular participation in the decision
making process and in the implementation of
administrative acts and norms, and through the media
and other instruments of expression of public opinion
c) Evaluation of administrative performance based on its
outcomes, i.e. on the satisfaction of the needs and
interests of social groups and society at large.
d) Consequences of the realisation of democratic
accountability are mainly adoption of disciplinary acts,
and the democratic legislation of public administration’s
performance.
70
Chapter Thirteen
TRANSPARENCY IN DETAIL
Transparency
71
13.3 Pillars of Transparency
1. Information access and presentation, i.e. Information from a
wide variety of sources should be accessed and presented
to citizens or employees in an intuitive, easy to use fashion
2. Service performance, i.e. Citizens should know how well the
government is providing services and meeting targets
3. Budget/financial Information, i.e. Citizens need an interactive
way to view the budget and other financial information
4. Access to Public Documents, i.e. Governments, through
employees, need to provide an easy way for citizens to
search for and retrieve a wide variety of documents
72
Chapter Fourteen
STEWARDSHIP IN DETAIL
Stewardship
73
14.2 Pillars of Stewardship
a) Good governance
b) Efficient public sector management and
c) Good service delivery
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SUMMARY:
1. Good work ethics, integrity, accountability, transparency and
stewardship is associated with lower corruption
2. Corruption substitutes personal gain for public good
3. Corruption is associated with low economic growth
4. Corruption reduces domestic investment and foreign direct
investment
5. Corruption reduces public sector productivity
6. Corruption distorts the composition of government
expenditure, away from services directly beneficial to the
poor and the growth process, e.g., education, health, and
operation and maintenance
7. Better healthcare and education indicators are positively
associated with lower corruption
8. Corruption reduces government revenues
9. Corruption lowers the quality of public infrastructure
10. Corruption lowers spending on social sectors
11. Corruption increases income inequality
12. Corruption increases inequality of factor ownership
13. Inequality slows growth
14. Corruption decreases progressivity of the tax system
15. Corruption acts as a regressive tax
16. Low income households pay more in bribes as percent of
their income
17. Corruption causes loss of lives
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18. Better governance, including lower graft level, improves
economic growth dramatically
19. High state capture makes it difficult to reduce inequality
20. Extensive, organized, well institutionalized and decisive
political competition is associated with lower corruption
21. Trust is a component of social capital. Higher social capital
is associated with lower poverty. Corruption undermines
trust and thereby undermines social capital.
22. Corruption prevents or makes it more difficult for
governments to implement laws and policies
23. Corruption changes the image of politicians and encourages
people to go into politics for the wrong reasons
24. Erodes international confidence in the government
25. Encourages cynicism and discourages political participation
26. Corruption can contribute to political instability, provoke
coups d’état, and lead to civil wars
27. Corruption perverts the conduct and results of election
28. Corruption keeps the poor politically marginalized
29. Corruption consolidates political power and reduces political
competition
30. Corruption delays and distorts political development and
sustains political activity based on patronage, clienteles and
money
31. Limits political access to the advantage of the rich
32. Corruption reduces the transparency of political decision-
making
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FURTHER READING:
1. United Nations Convention Against Corruption (UNCAC)
2. Transparency International (TI)
3. Global Infrastructure Anti-Corruption Centre (GIACC)
4. United Nations Public Administration Network (UNPAN)
5. Global Indicators Group (GIG)
6. Global Witness (GW)
7. U4 Anti-Corruption Resource Centre
8. World Bank (WB)
9. International Monetary Fund (IMF)
10. African Union Convection on Prevention and Combating
Corruption (AUCPCC)
11. Inter-American Convention Against Corruption (IACAC)
12. European Union Norms and Standards on Anticorruption
13. Organisation for Economic Co-operation and Development
14. United Nations Office on Drugs and Crime (UNODC)
15. Cologne Institute for Economic Research (CIER)
16. UKAID, Department for International Development
17. United Nations Development Programme (UNDP)
18. Wikipedia
19. Stefan Batory Foundation
20. Centre for International Private Enterprise
21. GAN Integrity
22. Integrity Action
23. Corruption & Fraud Audit Consortium (CAFAC)
77
Congratulations For Reading The Book
Hope You Enjoyed It
78
Mr. Christopher Ogola is an integrity
ambassador, a writer and a trainer
focusing on corruption prevention
and work ethics
For
Integrity
Ambassadors
Be a Hero
79