Philippine Journal of Public Administra Tion

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Philippine Journal of Public Administra Tion PHILIPPINE JOURNAL OF PUBLIC ADMINISTRATION JANUARY-DECEMBER 2010 VOL. LIV NOS. 1&2 NOS. LIV VOL. 2010 JANUARY-DECEMBER ADMINISTRATION PUBLIC OF JOURNAL PHILIPPINE VOLUME LIVVOLUME JANUARY-DECEMBER 2010 NUMBERS 1 & 2 Hernandez Caraan Florano Co Reyes & Fernandez Brillantes Jr. Ocampo Grossmann Prakash Quah & Eun Sil Kim Kim Young Jong Ligthart of the Philippines Diliman, Association Schools Public Administration in Philippines, PUBLIC ADMINISTRATION Journal of the National College Public Administration and Governance, University PHILIPPINE JOURNAL and the Philippine Society for Public Administration Accountability in Aid Management A Proposed Integrity Model in the Administration of Labor Justice Institutionalizing Reforms through the Citizens Report Card The Long and Winding Road to Infrastructure Development Reform Corruption, Contradiction and Conscience : A Whistleblower’s Story A Reform Framework for Good Governance: Focus on Anti-Corruption Wicked Problems, Government Failures: Corruption and Lesser Evils Civil Society Anti-Corruption Efforts: The Case of Ukraine and the Philippines Role of Civil Society in Managing Anti-Corruption-Initiatives India Curbing Corruption in the Philippines: Is this an Impossible Dream? of Corruption Toward Improving the Quality of Life Through Controlling Culture An Overview of East Asian Anti-Corruption Research and Applications OF OVERVIEWPhilippine OF EAST Journal ASIAN of AC Public RESEARCH Administration, AND APPLICATIONS Vol. LIV Nos. 1-2 (Jan.-December 2010) 1 Whatever You Do, Never Use The C Word: an Overview of East Asian Anti-Corruption Research and Ap- plications MICHAEL LIGTHART * This article takes stock of 40 years of anti-corruption (AC) research & practices, the progress made and challenges ahead. It takes an East Asia tour, thus carving out the pre-conditions for effective Anti-Corruption Agencies. These conditions are put in a wider context of organisation-technical, political-economic and micro-economic research. Surveying, modelling, mapping and risk-analyses, the main diagnostics of applied AC research; are used to single out country/sector specific AC strategies. The article main findings are: systemic AC research is only 10 years young, and progressing along the tangibles of procurement, financial-management and service- delivery, given the fast emerging body of political-economic country and sector studies, and identifying corruption and possible interventions. The academe and policy research should advance along the axes of financial control and political context. AC research characteristics Governance and corruption are invariably seen as one of the top problems in East-Asia. Corruption scandals and indicators are always well covered in the media, and NGOs, citizen organisations are increasingly rallying around the GAC theme. The need to research, understand and control corruption is obvious but comes with difficulties. Its “hidden” nature makes it hard to establish where, how and until what extend there is political and/or bureaucratic corruption. Effective AC initiatives drive corruption into darker corners, lower administrative levels and new sectors. As such, corruption gets more refined with its research. Another heavily desputed issue is the correlation between corruption and economic growth and stagnation. The latest economic crisis evoked a second wave of Governance and Anti-Corruption (GAC) awareness. Starting of with corporate banking miss-management, discontent rippled via high salaries and bonuses, to weak public sector regulation capacity. This improves the climate for lifestyle & asset checks and makes politicians campaigning on goverance and anti-corruption. A third corruption specific is the influence of the * Independent Consultant, Governance and Capacity Building 2010 1 2 PHILIPPINE JOURNAL OF PUBLIC ADMINISTRATION development sector in putting and keeping corruption on the political agenda. Since the World Bank report (source) identified corruption as a main source in sustaining poverty, there is an increasingly concerted effort to raise awareness, prevent and detect AC within programs and beyond. If only considering the influence donor money can yield, the governance notions of accountability, transparency and participation are in the vocabulary of any self-respecting bureaucrat and politician AC in East Asian The East Asian political systems are lump-summed as “neo-patrimonial”, with a public sector subject to “state capture”. Other common features are; the extend to which, political and business entangled elites, turn state policies and systems to their own advantage; economic growth & recession; collective & family oriented value systems; the presence of “strong” authoritian leaders …, … and corruption induced public discontent toppling these leaders. Constructing a regional AC story helps in getting a better understanding of the commonalities, difference and challenges ahead. The AC tour trails the combined corruption indicators of TI and the WBI. Starting of with the AC historical-centers Hong-Kong and Singapore the travel goes via Malaysia and Thailand, to the Indonesian and Philippine backbenchers. Singapore Singapore is the least corrupt country of the region, with a culture of integrity in the public and private sector. Its first AC law, the Prevention of Corruption Ordinance (POCO) goes back to 1937. The Anti-Corruption Branch (ACB), within the Criminal Investigation Department (CID) of the Singapore Police Force, was responsible for its implementation. ACB was largely ineffective due to its dependence of the police force and insufficient (financial) resources. This weakness became public with the 1951 opium theft scandal, involving CIDs police detectives. However, corruption remained the Singapore way of life until its independence (1959). With the People’s Action Party (PAP) in power, AC became a top priority. Soon the AC laws and penalties strengthened and the ill-trusted ACB replaced for the Corrupt Practices Investigation Bureau (CPIB), has the extended mandate to investigate corruption complaints, public officials misconduct and propose approaches to reduce corruption. Singapore’s successful AC drive. turning corruption from a low-risk, high-reward activity to the opposite, is explained through; i) a fast- track legal, economic, and educational reform, ii) strong penalties for giver and receiver, iii) an independent and well-mandated ACA, iii) ongoing rationalization, improving the public sector efficiency, and a vi) a culture of shame. Contributing to this is the more recent, competitive public sector salary (Quah, 1995, 2007). Hong Kong January-December OVERVIEW OF EAST ASIAN AC RESEARCH AND APPLICATIONS 3 Nowadays, Hong-Kongs corruption is under control, civil servants are honest, and bribery not accepted. This is a stark difference with the ’50-‘60’s when its police force was deeply involved in corruption syndicates, and bribe-taking common throughout its administration. The turning point came with the 1973 massive public AC demonstration, after yet another corruption scandal involving senior police officers. This resulted in the Prevention of Bribery Ordinance (POBO) and establishment of the Independent Commission against Corruption (ICAC). Cashing in on public support thus political will, ICAC was able to break the main syndicates in only three year. Having curbed public sector corruption, it focussed successful on the private sectors. AC success-factors are: i) integrated legal, administrative and financial frameworks, ii) an independent ACA with sufficient mandate & resources, iii) balanced strategy of prevention, investigation & public education, and iv) the -island commissioner- authority to appoint, manage and dismiss officials without explanation. Above all, the HK case shows the importance of C prevention. The ICAC builds and maintains a culture of probity and integrity through; public and school education programmes, drafting codes of conduct, media-partnerships and citizen dialogues. It also prefers to warn then prosecute minor cases, thus reducing the cost of trials. Lately the ICAC owners are somewhat reduced (Ali, 2000). Malaysia Malaysia maintains its corruption on an “acceptable” level. Its first AC specific legislation, the Prevention of Corruption Ordinance goes back to 1950. The in 1957 established Anti Corruption Agency (ACA) with an over time gradually strengthened mandate (AC Agency Acts, 1982 & 1987) covers investigative, preventive, oversight, advisory and educational functions. This includes the selection and approval of high-level and political appointed officers. Over the years, ACA progressed in its investigation and prosecution, but has difficulties in taking on educational and preventive functions. Partly in response to this, the government endorsed in 2004 the ambitious National Integrity Plan (NIP) with the objective to improve integrity throughout state, sectors, administrative levels and even families. Bigger and more complex then the island-states of Hong Kong and Singapore, coordination and outreach issues hamper its AC activities (OECD 2004; Kassim Bin Mohamad, 2005). Thailand Due to its rapid changing economic-social environment, increased business competition, Thailand’s (political) corruption is becoming more diverse and complex. Nepotism is a key factor in the process of civil service appointments. Its 1974 constitution states; “the State should organize efficient systems of government […] and take all steps to prevent and suppress the quest for benefits by corrupt means”. The
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