CORRUPTION &THE COMMONWEALTH
Transparency International is the world’s leading non-governmental anti-corruptionorganisation. With more than 100 chapters worldwide, Transparency International hasextensive global expertise and understanding of corruption.Transparency International UK (TI-UK) is the UK chapter of Transparency International.We raise awareness about corruption; advocate legal and regulatory reform atnational and international levels; design practical tools for institutions, individualsand companies wishing to combat corruption; and act as a leading centre of anticorruption expertise in the UK.Written by: Jameela Raymond (TI-UK) & Maggie Murphy (TI-S)Design by: Jon Le Marquand (TI-UK) 2018 Transparency International UK. All rights reserved.Reproduction in whole or in parts is permitted, providing that full credit is given to TransparencyInternational UK (TI-UK) and provided that any such reproduction, in whole or in parts, is not sold orincorporated in works that are sold. Written permission must be sought from Transparency International UKif any such reproduction would adapt or modify the original content.Published April 2018.Every effort has been made to verify the accuracy of the information contained in this report. All informationwas believed to be correct as of March 2018. Nevertheless, Transparency International UK cannot acceptresponsibility for the consequences of its use for other purposes or in other contexts.Transparency International UK’s registered charity number is 1112842.
CORRUPTION &THE COMMONWEALTH
1 Corruption & the CommonwealthINTRODUCTIONFifty-three heads of government will meet in the UKin April 2018 with a view to agreeing how to worktogether to realise a future that is “more secure”,“fairer”, “more sustainable” and “more prosperous” forall its members.1 Anti-corruption measures deserve tobe high on the agenda.The Commonwealth is an unconventional groupingof countries. The G20 and OECD face accusations ofbeing an élite group, far from representative of economicrealities in poorer nations and lacking the mandate to setglobal standards. While the UN has this mandate and ismore representative, it moves slowly and has the unusual‘veto’ mechanism for five big powers. Meanwhile, theCommonwealth contains some of the largest economiesin the world - India, the UK and Canada - and some of thesmallest - Mozambique and Malawi. It contains tiny islandstates such as the Solomon Islands and Dominica, andmajor global or regional financial and trading hubs such asSingapore and Australia.The ambition, breadth and strength of the Commonwealthas an institution puts it in an unrivalled position to havean impact on corruption at a global level and to addresscorruption in each of its member states. The UK, as2018-20 Commonwealth Chair-in-Office, can help toformulate and resource concrete actions, as it did at theLondon Anti-Corruption Summit in 2016. Whether bytackling bribery where it is rife or enshrining transparencyand anti-corruption provisions in trade deals, there is awindow of opportunity for the Commonwealth to proveitself as one of the key global institutions in the fightagainst corruption.If the Commonwealth is truly committed to identifyingactions to make a “more secure”, “fairer”, “moresustainable” and “more prosperous” future, it needs to puttackling corruption at the top of the 2018 CommonwealthSummit agenda.A long-term challenge for the Commonwealth has beenhow to best capitalise on being inclusive of all shapesand sizes of economies and populations while makingconcrete, joint decisions that can tackle common, crossborder, interconnected problems such as corruption.The Commonwealth offers anti-corruption andgovernance support to its members on a country leveland on a regional level, but as a collective institution itsachievements have been less significant.2 In 2016, withthe appointment of Baroness Scotland as CommonwealthSecretary-General, there was a mandate for theCommonwealth to increase its anti-corruption focus.Among other measures, Baroness Scotland proposed thatmembers may need to meet anti-corruption standards inorder to access aid and loans, suggesting the UK BriberyAct as a cornerstone of such a standard.1 The Commonwealth Heads of Government Meeting 2018, https://www.chogm2018.org.uk/2 Anti-Corruption in the Commonwealth, i-corruption-in-the-commonwealth
Transparency International UK 2WHY SHOULD THECOMMONWEALTHADDRESS CORRUPTION?The 2018 Commonwealth Summit seeks to establisha future that is more secure, fair, sustainable andprosperous. Corruption should be at the centre ofdecisions taken as it remains an impediment torealising each of those four pillars.A more secure future.Corruption is not a technical crime without victims, butone that undermines security and safety around theworld. The impact can be monetary, but corruption canalso have devastating effects and lead to loss of life andlivelihood. Ministers and officials syphoning off funds fromprocurement lines impacts the choice, quality and safetyof a range of goods and services. In extreme cases, ghostsoldiers sit on budget lines but not in barracks. WhenMosul in Iraq fell to ISIS there were vastly fewer soldiersin place than on paper, as defence and security budgetswere gouged out.3 The global security challenges ofhuman trafficking, illicit financial flows and organised crimecannot be overcome without persistent joint effort to tacklecorruption.less effective if the proper anti-corruption controls arenot put in place.6 If the Commonwealth is serious aboutprotecting its small islands from the devastating effectsof climate change, transparency and anti-corruptionprovisions must be built into climate policy.A more prosperous future.Prosperity depends on a thriving economy. Thatmeans, for example, a level playing field for innovativeand competitive companies battling it out to win bidsto provide goods and services to citizens. Contractsshould not automatically be assigned to companieswith the friendliest relationship to the decision-maker incharge. To make sure that conflicts of interest do not gounnoticed, it is crucial that companies bidding for publiccontracts publicly disclose who is ultimately in controlof the company. At the moment, it is far too easy totransfer and launder stolen funds through the financialsystem anonymously - including from poorer to richerCommonwealth countries. Only through concerted actionwill the Commonwealth see a more prosperous future forall.A fairer future.Power imbalances mean corruption disproportionatelyaffects poor and marginalised communities who oftenhave to pay for “free services” for impoverished families.We receive many hundreds of complaints each year aboutvictims unable to seek justice because perpetrators payoff the police or the courts.4 When people speak out whether whistleblowers, independent citizens or journalists- they often come under attack or are even killed.5 Tacklingimpunity and protecting citizens must be a key priority ofall Commonwealth nations.A sustainable future.Many of the Commonwealth’s member states are smallisland states at the mercy of superpowers’ carbonfootprint. Climate finance funds worth US 100 billioneach year established by richer countries to protect thosecountries are at risk of being syphoned off and rendered3 ‘Corruption Helped ISIS take Mosul. Victory Cannot Last While It Persists’, mosul-victory-cannot-last-persists/4 Transparency International True Stories, https://www.transparency.org/news/stories5 ‘Transparency International Remembers Gustave Sharangabo Makonene One Year After His Death’, nsparency international remembersgustave sharangabo makonene one year a6 Transparency International Climate Finance Integrity Programme, gip
3 Corruption & the CommonwealthHOW IS THECOMMONWEALTH DOINGON CORRUPTION?In Transparency International’s 2017Corruption Perceptions Index,7 the 27Commonwealth countries covered had anaverage score of 48 out of 100.This was higher than the global average (43) but stillbelow 50. The diversity in member states showsan enormous range in how individual countries areperforming on anti-corruption.At the 2016 Anti-Corruption Summit, however,Commonwealth countries mostly showed ambitionto make change.9Fifty-seven per cent of commitmentsmade by these governments werejudged as new or somewhat new, and63 per cent were ambitious or somewhatambitious.Nigeria, Trinidad and Tobago and the UK wereamong the most ambitious governments to makepledges at the Summit (75, 100 and 75 per centrespectively) whilst Australia and New Zealand werethe less ambitious participants (57 and 62 per centunambitious, respectively).Four Commonwealth countries rank in top 10countries, with New Zealand at the top of theindex, Singapore in sixth place and Canada andthe UK sharing eighth. Yet while there are noCommonwealth member states in the bottom ten,Papua New Guinea, Bangladesh, Kenya, Nigeria,Uganda, Cameroon and Mozambique are all in thelowest quartile of the index.Commonwealth countries also report a higher rateof bribe paying than the global average, accordingto our 2013 Global Corruption Barometer,8 with:34 per cent of respondents fromCommonwealth countries reporting thatthey had paid a bribe in the previousyear.Seventy-five per cent of citizens fromCommonwealth countries respondedthat they thought corruption in the publicsector was a serious or very seriousproblem in their country.These figures are highest in Nigeria, where 94 percent felt the same, closely followed by Pakistan,Papua New Guinea and Zambia (91, 91 and 92 percent respectively). Across Commonwealth countriesthe police, political parties and public officials wereseen as either corrupt or extremely corrupt publicinstitutions.7 Transparency International 2017 Corruption Perceptions Index, on perceptions index 20178 Transparency International 2013 Global Corruption Barometer, https://www.transparency.org/gcb20139 ‘43 Countries, 600 Commitments: Was The London Anti-Corruption Summit A Success?’ https://www.transparency.org/news/feature/43 countries 600 commitments was the london anticorruption summit a success
Transparency International UK 4WHAT SHOULD THECOMMONWEALTH DO?1. Close the door to corrupt cashSecrecy in the financial system permits the corruptand criminal to transfer money without trail and leadsto impunity for perpetrators. Commonwealth countriesshould agree to end the cloak of anonymity that allowscorrupt individuals to launder their cash across borders.This means requiring those in control or ownership of alegal entity to disclose that information publicly in companyregisters. Middlemen such as the banks, lawyers andaccountants need to dramatically scale up their duediligence and oversight, and countries that are at risk ofreceiving corrupt cash through their real estate sectors(such as Commonwealth countries Canada, the UK andAustralia)10 should ramp up their oversight to make surethey are not complicit in theft of taxpayer money fromoverseas.2. Close the door to corrupt individualscountry Malta was killed by a car bomb in October2017.13 Commonwealth countries must see protectionof journalists and civil society space, press freedom andindependence of the media as integral components ofprogrammes to strengthen good governance and tacklecorruption.4. Support growth in poorer Commonwealthcountries by providing financial and technicalassistanceEnsuring that poorer countries can capitalise onmembership of the Commonwealth, and citizens canreap benefits, requires prioritising the strengthening ofinternal governance, auditing, procurement and financialmanagement systems. Richer Commonwealth countriesshould provide technical and financial support to thosecountries, to help set them up for increased prosperity andaccess to trading opportunities. In the Ukraine, ProZorro a multi-stakeholder initiative - revolutionized procurementsystems by digitizing and simplifying procedures andencouraging competition for contracts.14 As a result,healthcare organisations saved an average of 35% savings that can be passed back to the taxpayer.A number of Commonwealth countries, including theUK, Sri Lanka, Cyprus and Malta, run visa schemes thatallow people to invest large sums of money in returnfor residency or citizenship. That in turn often providesvisa-free entry to a number of other countries. A Maltesepassport allows access to 166 countries including allEU/Schengen countries, for example. Without the rightchecks and balances these visas offer a potential moneylaundering option for corrupt individuals who also getadditional residency and travel perks. In the UK up until2015, there were very few checks on the background ofindividuals purchasing its Tier 1 (Investor) visas. Whenbetter due diligence controls and checks on applicantswere put in, applications dropped by 84%.11 TransparencyInternational UK is calling for all individuals who weregranted those visas during the “blind faith period” to gounder retrospective checks to make sure the origin of theirwealth is legitimate. 5. Adopt Commonwealth Trade and TransparencyPrinciples3. Protect the people brave enough to speak outThe Commonwealth Summit has to do more thanconvene leaders and provide a celebratory platform. Anycommitments made must be backed and supportedby monitoring and implementation mechanisms.Commitments could be transferred into national levelAnti-Corruption Strategies, or channelled into OpenGovernment Partnership Action Plans. This is crucial toturn those promises into practice when the cameras havestopped rolling.A journalist is killed every week in a country with a highprevalence of corruption.12 Civil society activists andjournalists should not be persecuted for doing their job,and whistleblowers and citizens should feel able to comeforward without feeling threatened. Journalist DaphneCaruana Galizia who made corruption allegations linkedto the investor visa programme in Commonwealth1011121314There is much talk of trade increasing amongCommonwealth nations, which takes on particularimportance for the UK in a post-Brexit world. Whilecorruption is detrimental to international trade andbusiness, transparency is known to lower costs, alleviateinformation asymmetries, and improve market activity. TheCommonwealth could show where it stands on the issueof transparency and accountability by establishing highlevel principles requiring that every deal incorporates keytransparency, good governance and integrity safeguards.This way there will be less danger that accountability andintegrity will be pawns in the rush to fix new deals andbroker new relationships.6. Do what you say you will do‘Doors Wide Open’, doors wide open corruption and real estate in four key markets‘Plummet in Number of Golden Visas Granted after Blind Faith Period Ends’, ds/Corruption Perceptions Index 2017, on perceptions index 2017‘"Serious concern" over rule of law in Malta after murder of journalist’, The Guardian, [accessed 4 April 2018]‘Making the Case for Open Contracting in Healthcare Procurement’, rement/
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Transparency International is the world’s leading non-governmental anti-corruption organisation. With more than 100 chapters worldwide, Transparency International has extensive global expertise and understanding of corruption. Transparency International UK (TI-UK) is the U
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Detection, investigation, prosecution and adjudication of corruption offences and anti-corruption . corruption include the Penal Code, aligned with the requirements of the United Nations Convention Against Corruption, the Anti-Corruption Law, the Whistle-blower Protection Law, .
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