Combating Corruption Combating Corruption www.kas.de/japan Implications of the G20 Action Plan for the Asia-Pacific Region Norman Abjorensen East Asia Regionalism COMBATING CORRUPTION Implications of the G20 Action Plan for the Asia-Pacific Region Norman Abjorensen Edited by Anne Sahler and Akim Enomoto Table of Contents Foreword .................................................................................... 1 List of Abbreviations .................................................................... 3 Chapter 1 Introduction: Corruption, Asia and the G20 ................................... 5 Chapter 2 Definitions, causes, culture ........................................................ 13 Chapter 3 The anti-corruption project: origins, issues, problems ................. 44 Chapter 4 What do we know and how do we know it? .................................. 67 Chapter 5 Why fight corruption? ................................................................ 76 Chapter 6 Survey: The G20 in the Asia-Pacific region .................................. 89 Chapter 7 Survey: Corruption in the Asia-Pacific region .............................. 107 Chapter 8 What can the G20 do? ............................................................... 147 About the Author ...................................................................... 154 Foreword Nepotism, Bribery, Patronage, Collusion…The list of categories in the murky sphere of corruption appears to be a bottomless pit. The obstinate prevalence of corruption has, for the longest time, been one of the most perturbing thorns in the flesh of nation states all around the globe. While decisive measures in the fight against corruption have been implemented in numerous states, others are still struggling to overcome the multifaceted nature of what has been generally defined as ‘the misuse of entrusted power for private benefit or personal gain’. Especially in Asia, large parts of both the public and private sector are riddled with corrupt practices, gravely undermining efforts to expedite the conduct of ‘good governance’. On a brighter side, sparks of hope are kept alive through the recent Anti-Corruption Action Plan brought into being by the ‘Group of Twenty’ (G20), pledging their commitment to ‘Ductus Exemplo – Lead by Example’. While the enforcement of existing anti-corruption conventions is surely a fundamental component of the overarching master plan, the sheer success in ascribing such significance to a vital theme on a global platform alone is a formidable accomplishment. Hence, we deemed that it was of utmost importance to cover the developments of the past few years in form of a concise, yet informative publication. The book sheds light on the extent of corrupt activities in several Asian-Pacific countries, determining the type, cause and measures taken up, in order to curb the spread and institutionalisation of corruption. The author, Dr. Norman Abjorensen, is by no means an unfamiliar face to the Konrad-Adenauer-Foundation. His invaluable participation at various conferences and workshops, as well as his contribution to other publications, has enriched our mission on plenty of occasions. Moreover, the vast field of corruption can hardly be referred to as uncharted waters to the former journalist and political expert. Thus, we are truly grateful that a specialist of such calibre took on the challenge of analysing the status-quo, hurdles and potential solutions in tackling the menace of corruption in an Asian-Pacific context. 1 I sincerely hope you will enjoy this felicitous book as much as I did. Paul Linnarz Tokyo, December 2014 Resident Representative for Japan Regional Representative for Economic Policy Konrad-Adenauer-Stiftung 2 List of Abbreviations ADB Asian Development Bank ACA Anti-Corruption Agency ACB Anti-Corruption Bureau ACID Anti-Corruption Internet Database ACRC Anti-Corruption & Civil Rights Commission AFP Australian Federal Police ANAO Australian National Audit Office BIR Bureau of Internal Revenue BSP Brunei Shell Petroleum BPI Bribe Payers Index CBI Central Bureau of Investigation CCP Chinese Communist Party CIAA Commission for Investigation of Abuse of Authority CPI Corruption Perceptions Index CPIB Corrupt Practices Investigation Bureau CVC Central Vigilance Commission ECOSOC Economic and Social Council FATF Financial Action Task Force FCPA Foreign Corrupt Practices Act FinPol Financial Police FNCCI Federation of Nepalese Chambers of Commerce and Industries GCR Global Corruption Report GDP Gross Domestic Product GFC Global Financial Crisis GI Government Inspectorate IAE International Academy of Education ICAC Independent Commission against Corruption IEPP International Institute for Educational Planning IMF International Monetary Fund KICAC Korea Independent Commission Against Corruption KNB National Security Committee of the Republic of Kazakhstan KPK Corruption Eradication Commission (in Bahasa: Komisi Pemberantasan Korupsi) LDC Least Developed Country MACC Malaysian Anti-Corruption Commission 3 NAB National Accountability Bureau NACA National Anti-Corruption Authority NACC National Anti-Corruption Commission NGO Non-Governmental Organisation NIS National Intelligence Service NRO National Reconciliation Ordinance OECD Organisation for Economic Co-operation and Development OSCAC Office of the Steering Committee for Anti-Corruption PDP People’s Democratic Party PETS Public Expenditure Tracking Surveys PMO Prime Minister‘s Office PPO Public Prosecutors Office StAR Stolen Assets Recovery TFS Task Force Sweep TNC transnational corporation TI Transparency International UN United Nations UNCAC United Nations Convention against Corruption UNDP United Nations Development Programme UNODC United Nations Office on Drugs and Crime USAID US Agency for International Development WEF World Economic Forum 4 Chapter 1 Introduction: Corruption, Asia and the G20 No society is without corruption – defined here broadly as “the misuse of entrusted power for private benefit or personal gain.”1 Corruption is found in all political systems, although it varies in its origin, incidence and importance. It is also highly contextual in that it is facilitated or impeded by the way in which public power is exercised and the effectiveness of institutions of governance. The “true forms of government”, to the Greek thinker Aristotle, were those that governed “with a view to the common interest”, but he was well aware of how that ideal could be perverted by what he termed forms of government that “rule with a view to the private interest.”2 Integrity and corruption are conceptually linked: one is the obverse of the other.3 Corruption is also elusive in that it takes place usually away from the public gaze; it cannot be accurately measured; only estimated through its effects. It also has multiple causes and, like water always finding its way to lower ground, it naturally gravitates towards real power; where there is power, there is the potential for its misuse. Corruption is always subversive, running counter to the norms of the system in which it operates; and if left unchecked it can take over and destroy that system. Once established, it quickly becomes not just deep-rooted, but also contaminating; corruption breeds quickly. It thrives on weakness, both moral and institutional, and is facilitated by unstable politics, inequality, poverty and precarious societies. One thing is always certain, however: corruption favours the “haves” at the expense of the “have nots.” Corruption can be contained to an extent, and even controlled. But it can never be eliminated. The timeless character of corruption and its persistence are neatly captured by the example of China, a country today engaged in a well- publicized campaign against rampant corruption. As long ago as the 3rd 5 century BC – that is 2400 years ago – the ruling Qin dynasty was so concerned at the effects of corruption that it promulgated amendments to the penal code providing for heavy punishments for those found guilty of corruption.4 A further 14 centuries later, the great Sung dynasty fiscal and administrative reformer, Wang An Shih (1021-1086) lamented, with a hint of frustration, that no matter how good institutions and laws were, corruption would still arise if public officials were not properly chosen – a cry that has a very contemporary ring to it.5 Globalisation, corruption and Asian values Change has come recently and swiftly to the Asia-Pacific region, once economically marginalised but now a dynamic hub of development and growth. Among the many changes is the attitude towards corruption, which not so long ago was not only tolerated but seen sometimes as “an indispensable lubricant for economic growth.”6 The rapid onset of globalisation and the changes it engendered quickly put corruption in a harsher light – as an obstacle to development. This was highlighted sharply in the experience of the 1997 Asian financial crisis where it became clear that developments had outstripped institutional capacity in some of the fastest-growing regional economies, and that corruption and an absence of good governance played crucial roles. The region could no longer hide behind the screen of “Asian values”, a discourse promoted by leaders such as Lee Kuan Yew in Singapore and Mahathir Mohammad in Malaysia, that sought to argue the case for Asian exceptionalism and rejection of values seen as “Western”, and generally culturally inapplicable in the Asia-Pacific neighbourhood. The financial crisis served not only to expose the lack of any coherent