CORRUPTION AND ANTI-CORRUPTION IN SUDAN
CORRUPTION AND ANTI-CORRUPTION IN FIJIQUERYCAVEATCould you provide an overview of corruption and anticorruption in Fiji?Recent literature and in-depth research on corruptionand the impact of corruption on specific sectors in thecountry are limited.CONTENT1.2.3.Overview of corruption in FijiGovernance structure and anti-corruptionefforts in thorSofia Wickberg , Transparency inn Heinrich, Transparency InternationalDate5 February 2013SUMMARYFiji is situated below the global average in terms of itsperformance on international corruption measurementindicators and performs poorly in terms of the rule oflaw.Like many Pacific Island Countries, political corruptionand nepotism stand out as the main corruption risks inFiji, whereas citizens’ experience of bribery is low.The interim government that took power in the 2006coup used the anti-corruption discourse, together withthe defence of multiracialism, to legitimiseoverthrowing the elected government. It has sincesystematically weakened the country’s democraticinstitutions, reduced civil society space, and silencedopponents and the media. Some positivedevelopments are to be noted, however, slowlybringing the country back on the path towards fulldemocracy. 2013 Transparency International. All rights reserved.This document should not be considered as representative of the Commission or Transparency International’sofficial position. Neither the European Commission, Transparency International nor any person acting onbehalf of the Commission is responsible for the use which might be made of the following information.This anti-corruption Helpdesk is operated by Transparency International andfunded by the European Union
CORRUPTION AND ANTI-CORRUPTION IN FIJI1OVERVIEW OF CORRUPTIONIN FIJIBackgroundFiji’s corruption and governance standing isembedded in its economic and geographical contextas well as in its recent political history.Fiji is classified as a lower middle income countrywith a GDP per capita just under US 4,500. Thecountry’s main income sources are the tourism,sugar and fishing industries. The sugar industry isgoing through a crisis after the 2009 flood and theend of the country’s special access agreement to theEuropean market. Fiji has recently started to attractmining companies interested in exploring thecountry’s potential resources of gold, bauxite,manganese and hydrocarbons, among others. Fiji’seconomy was affected by the recent economic andfinancial crisis coupled with the suspension of foreignaid (see below), although it is now starting to recover.The health of the country’s economy is of concern forthe region as a whole since many small islandcountries depend on Fiji for transportation andshipping (France Diplomatie 2012).Fiji became an independent member of theCommonwealth in 1970 and has experienced politicaltension and instability since, largely originating fromthe rivalry between indigenous Fijians and IndoFijians (Freedom House 2012). The country was thescene of several coups in the last decades – thelatest to date being in 2006, which placedCommodore Bainimarama at the head of the country.Bainimarama’s campaign was built around theleitmotiv of multiracialism and the need to “clean up”the country from corruption, which has since servedto dismiss many existing public officials, close civilsociety space, silence political opponents and slowlycreate an autocratic regime. The interim governmentdissolved the Parliament in 2006 and adopted thePublic Emergency Regulations in 2007, authorisingsecurity forces to arrest people without warrant andlimiting civil and political rights (US Department ofState 2011). In 2009, Bainimarama’s governmentabrogated the Constitution of Fiji.The international community strongly condemned the2006 coup; Fiji was suspended from the PacificIslands Forum and donors reduced or suspended aidto the country (France Diplomatie 2012).Consequently, Fiji increasingly turned to China tostimulate foreign investments (Freedom House2012).Recent improvements are notable, however, with therevocation of the Public Emergency Regulations on 7January 2013, negotiations around a new constitutionand elections scheduled for 2014 (France Diplomatie2012).Extent of corruptionThe World Bank’s Worldwide Governance Indicators(WGI) place Fiji in the lower half of the percentileranks – with a score of 38 on a scale of 0 to 100 – interms of control of corruption. Fiji’s score hasdropped significantly since 2002 (59) and has sincefluctuated. Fiji’s score dropped by almost 20 pointsbetween 2004 and 2005 and lost 10 points againbetween 2008 and 2009. It made a notable 20 pointupswing between 2010 and 2011.The country’s score on rule of law (20) places thecountry in the lower quarter of the percentile ranks. Ithas dropped quite significantly since 2006 (52),which coincides with Bainimarama’s military coup.Transparency International’s Global CorruptionBarometer 2010-2011 indicates that citizens’ opinionon corruption is almost evenly divided: 53 per centthinking that the level of corruption decreased in thelast year and 47 per cent considering that it hasincreased or stayed the same. Political parties, theprivate sector and the public administration are seenby citizens as the most corrupt institutions of thecountry.Forms of corruptionPetty and bureaucratic corruptionThe US Department of State, in its Human RightsReport on Fiji, states that bureaucratic corruption inFiji is systemic. According to the World Bank’s2
CORRUPTION AND ANTI-CORRUPTION IN FIJIEnterprise Survey 2009, more than 35 per cent of thefirms polled consider corruption as a major constraintfor doing business in the country.Even though petty corruption and bribery happen inFiji through small payments made to “grease thewheel” of local bureaucracy (Chêne 2010), they donot, however, appear as a significant problem in thecountry. Only 13 per cent of the citizens surveyed byTransparency International’s Global CorruptionBarometer 2010-2011 reported having paid a bribe inthe last 12 months. Similarly, only 10 per cent of thefirms polled by the World Bank’s Enterprise Survey2009 expect to give gifts to public officials “to getthings done”. Some areas of Fiji’s administrationappear more corruption-prone in this survey, such aselectricity or water suppliers.The World Bank/International Finance Corporation’s2013 report Doing Business on Fiji does not indicatebribery as an extra cost for starting a businessdealing with construction permits, getting electricity,registering property or securing/enforcing a contract.Political corruptionOfficial and political corruption are a serious andwidespread problem in Fiji. Politicians often engagein corrupt activities with impunity; this has been a keychallenge for governments ever since independence(US Department of State 2011).Since January 2013, political parties are strictlyregulated by the Political Parties (Registration,Conduct, Funding and Disclosures) Decree. In anarticle published by Radio New Zealand International,Pr. Ratuva from the University of Auckland says thatpolitical parties in Fiji have contributed to terference with the administration; and that this newdecree, instead of encouraging a more democraticsystem, severely limits access to the political process(Radio New Zealand International 2013). Forexample, the decree requires signatures of 5,000citizens as party members to be able to register as aparty – among a total population of 868,400. NewZealand, with a population of over four million,requires that parties have 500 members.Grand corruptionLittle information is available to assess the breadth ofgrand corruption in Fiji. The World Bank EnterpriseSurvey 2009 indicates that only 3 per cent of thepolled firms expected to have to pay bribes to securea government contract.In 2008, Global Integrity qualified the integrity of Fiji’sprocurement structure as weak. Procurementprocedures in Fiji are governed by the FijiProcurementRegulationsof2010whichstrengthened the existing legal framework. This textprovides for the creation of a procurement office tooversee government procurement and to adviseministries and departments.According to the International Budget Partnership(IBP), Fiji provides limited information to its citizenson the country’s budget. On the IBP’s Open BudgetIndex 2012, Fiji scores 6 on a scale of 0 (noinformation) to 100 (extensive information).In Fiji, traditionally, distributing and offering small giftsto chiefs and voters in a transparent manner is “anintegral part of election campaigns” (Larmour 2012).Freedom House states that Fiji is not an electoraldemocracy. Since the military coup in 2006 and �sinterimgovernmenthassystematically postponed elections and ruled bydecree.Lastly, the current political situation in Fiji led to asituation in which the prime minister, on top of beingthe head of government, had multiple portfolios,some of which present potential conflicts of interests:Bainimarama is also the Minister of Finance, theMinister of Information, the Minister of Land andMineral Resources, and the Minister of PublicService, among others.Nepotism and cronyismNepotism is common and widespread in Fiji.Appointments, recruitments and promotion in the civil3
CORRUPTION AND ANTI-CORRUPTION IN FIJIservice and state-owned enterprises oftentimesdepend on ethnic or political affiliations and loyalty toBainimarama’s government (Global Integrity 2008).Nepotism and favouritism have a long history in Fijiand, prior to the 2006 coup, many affirmative actionprojects aiming at promoting indigenous Fijian andother marginalised groups were suspected to resultin unethical and personal appointments ncy International 2001).Money laundering and organised crimeFiji is not a significant regional financial centre, but itsgeographical situation makes the country a regionalhub for shipping and transportation to Australia andNew Zealand as well as other Pacific Islands.The general level of crime is rather low in Fiji (WorldBank 2006), but a number of notable cases of drugtrafficking as well as human trafficking and migrantsmuggling have been reported in the country, alsoinvolving transnational criminal gangs operating inthe country (US Department of State 2012).Commercial sexual exploitation of children andwomen is a continuous problem in Fiji. Fiji is a sourcecountry for children subjected to internal traffickingand a destination country for men and womensubjected to forced labour and prostitution (USDepartment of State 2012).Little information is availablelaundering risks in Fiji.on any money-FisheriesFiji’s economy is largely based on the fishing industrywith an Exclusive Economic Zone (EEZ) exceeding1,200,000 square kilometres. Experts state thatfisheries in Pacific Island Countries are increasinglybecoming a site for corruption (UNDP 2007).Most problems that Fiji’s fishing industry faces arecommon to all Pacific Islands. A study prepared in2007 for the Australian National Centre for OceanResources & Security states that the areas of fishinglicensing, access agreements, and monitoring andinspection are the most vulnerable to corruption. Theweak legal and administrative frameworks combinedwith discretion and a lack of transparency createsignificant corruption risks. Corruption occurs both atthe “low level”, where bribes in the form of fish, gifts,holidays, excessive per diems or tuition fees atacademic institutions are given to public officials andtheir families; and at a higher level, involving largefinancial transactions, political interference inadministrative practices and organised criminalbehaviour (Hanish and Tsamenyi 2007). In Fiji,allegations of corruption in the issuing of licences arefrequent, most of them in relation to foreigncompanies buying licences in periods of over-fishing.In the mid-2000s, a Committee of Inquiry was set upin the Ministry of Fishery to investigate corruptioncases (Hanish and Tsamenyi 2009).Corruption in fisheries has a considerable impact ondaily life and sustainable development in the region.On top of siphoning off revenues and resources, itthreatens to deepen the issue of over-fishing and todestroy customary fishing practices, mainly throughincapacitating fisheries management institutions andcircumventing existing fishing regulations (Hanishand Tsamenyi 2008). The Pacific Islands are heavilydependent on fisheries for their economy but also asthe main source of food (Hanish and Tsamenyi2007), making the issue even more crucial.Mining industryAs mining becomes an increasingly important part ofFiji’s economy, the country will have to set upsafeguards to protect itself from the “resource curse”.Currently, little information is to be found on Fiji’sgovernance structure and corruption risks for themining industry. Given the issues Fiji faces withregards to the issuance of fishing licences, therecould be significant concerns in relation to thepotential impact of a corrupt mining sector on theenvironment, land administration and culturalheritage, among others.2GOVERNANCE STRUCTURE ANDANTI-CORRUPTION EFFORTS INFIJI4
CORRUPTION AND ANTI-CORRUPTION IN FIJIDuring the 2006 coup, Bainimarama systematicallyused the anti-corruption discourse and vowed to“clean up” Fiji’s widespread corruption. Althoughmany improvements were achieved since the interimgovernment took power, such as the establishment ofFiji’s Independent Commission against Corruptionand the ratification of the United Nations Conventionagainst Corruption, among others, it is important tonote that experts consider the anti-corruptioncampaign politically partial, arbitrary, vengeful andineffective (Larmour 2008).Interestingly, Transparency International’s GlobalCorruption Barometer 2010-2011 shows that a vastmajority (88 per cent) of the polled citizens considerthe government to be effective or very effective infighting corruption.Legal frameworkInternational conventionsFiji is a state party to the United Nations Conventionagainst Corruption (UNCAC) since 14 May 2008. Fijiwas part of the first group of countries reviewed inthe framework of the Implementation ReviewMechanism and the executive summary is public andaccessible on the United Nations Office on Drugsand Crime (UNODC) website. The convention is notself-executing in Fiji, meaning that it is notautomatically transposed into national law, and thereis no one piece of legislation that implements theconvention as a whole into domestic law.Since 1993, Fiji is also a state party to the UnitedNations Convention against Illicit Traffic in NarcoticDrugs and Psychotropic Substances of 1988.The country is, however, not a state party to the 2000Palermo Convention on Transnational OrganisedCrime or its supplementing protocols.National legislationFiji’s Crimes Decree of 2009 and Prevention ofBribery Promulgation (POBP) of 2007 cover briberyoffences. Fiji has criminalised passive and activebribery of public officials; the POBP and the decreeforbid the act of offering, giving and promising a bribe(active bribery) and the act of soliciting, asking for,agreeing to and accepting a bribe (passive bribery).Fiji’s legislative framework covers the use ofintermediaries and third parties in bribery. It isunclear whether bribery of foreign officials iscriminalised in Fiji; the POBP covers conduct bothwithin and outside the country, but its definition ofpublic officials does not specifically refer to foreignpublic officials. Similarly, there is a lack of clarityabout the liability of legal persons for bribery sincethere is no guidance on the circumstances underwhich a company is deemed responsible for the actof a natural person. Besides the lack of clarity, theOrganisation for Economic Co-operation andDevelopment (OECD) points to the insufficientsanctions under the POBP that would not discouragelarge corporations from engaging in corrupt practices(ADB/OECD 2011). Money laundering is a crimeunder the Proceeds of Crime Act of 2004 and theFinancial Transactions Reporting Act of 2004.Fiji’s Penal Code and Crimes Decree criminalisemisappropriation, embezzlement and other diversionof property by public officials. However, regulationsregarding conflicts of interest are limited in Fiji. ThePOBP mentions illicit enrichment, but the disclosureof interests and assets is not required by law. For atime, members of parliament and governmentofficials would file their declaration of assets with theprime minister at his demand, but these declarationswere not publicly available. The country has notadopted any specific legislation or regulationsregarding gifts and hospitality.Political financing is heavily restricted since January2013. The Political Parties (Registration, Conduct,Funding and Disclosures) Decree of 2013 bans allforeign contributions to political parties and individualcandidates as well as any corporate donations. Onlyindividuals are allowed to make donations to politicalparties and candidates, and these cannot exceed10,000 Fiji dollar (US 4,850) per year. Parties andcandidates ought to disclose the identity of theirdonors and must submit a financial report to theRegistrar of the Fiji Elections Office within 30 daysfrom the end of the financial year, and they also mustsubmit a statement of their assets and liabilities 30days before an election (IDEA 2012).5
CORRUPTION AND ANTI-CORRUPTION IN FIJINo information could be found indicating that Fiji hasadopted proper whistleblower protection legislation orestablished mechanisms through which corruptioncan be safely and anonymously reported. The cknowledgestheimportanceofwhistleblower protection on its website and theFICAC Promulgation of 2007 guarantees theconfidentiality of whistleblowers without furtherprovisions.Fiji does not yet have an access/freedom ofinformation law allowing citizens and media to accessgovernment information.Institutional frameworkFinancial intelligence unitFiji’s Financial Intelligence Unit (FIU) was establishedin 2006 under the Financial Transactions ReportingAct of 2004. The FIU is hosted, funded andadministered by the Reserve Bank of Fiji. The role ofthe FIU is to receive all Suspicious TransactionReports, analyse the information and developintelligence, refer information about potential moneylaundering activities and offences to relevant lawenforcement agencies and assist the investigationand prosecution of cases, issue policy andguidelines, and provide training and education.The FIU is formally independent, but theadministrative and financial support it receives fromthe Reserve Bank of Fiji challenges itsindependence.Fiji’s FIU is rather efficient. In 2011, it analysed 728suspicious transaction reports, handled over 600,000cash transaction and electronic fund transfersreports, disseminated 318 intelligence reports to lawenforcement, issued 6 notices to financial institutionsabout suspicious persons, and assisted a number ofinvestigations, amongothers(Fiji FinancialIntelligence Unit 2011). The FIU has a functioningand up-to-date website featuring the unit’s annualreports.Fiji’s FIU is a member of the Egmont Group ofFinancial Intelligence Units.JudiciaryFiji’s judicial system is independent by law, but inpractice, the reality is often different. Since themilitary coup of 2006, the interim government hassystematically interfered with the judiciary’sindependence (US Department of State 2011).When the Constitution was suspended in 2009, thejudges in exercise were dismissed and replaced byappointees of the interim government, seriouslychallenging the independence of the judiciary(Freedom House 2012). As previously mentioned,the interim government has, since 2006, ruled bydecree. It adopted the Administration of JusticeDecree in 2
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