Professional Documents
Culture Documents
Principle 1: Scope
Corruption proofing should be possible for all draft laws, enacted laws, laws of all regulatory
levels (statutes and bylaws), laws of all regulatory sources (central, regional, local as well
as parliamentary and executive including presidential acts) and of all sectors
(administrative, criminal and private law). It should also include explanatory notes as
they can play a decisive role in interpreting law.
Principle 2: Prioritization
Ideally, laws are subject to review in their entirety. Any necessary prioritization should be risk-
based, such as legislation from corruption prone areas involving corruption prone
transactions, or from areas with real incidents of corruption. The entity in charge of
corruption proofing should be competent for prioritizing laws centrally; however, all
other state bodies should still be entitled to select additional laws for review.
Principle 4: Timing
Corruption proofing should take place at all stages of the legislative process. This includes above
all drafting at the ministerial level and the adoption of the draft by government; it should
also encompass a follow-up review during the parliamentary process and at the signing
into effect.
Principle 6: Recommendations
The law-making institutions should have the obligation to consider the recommendations made
by the corruption proofing entity. The law-making institutions should also provide
feedback as to which recommendations they have incorporated and the reasons for not
implementing other recommendations. In cases where civil society has submitted an
anti-corruption assessment their representatives should be heard in person at public
hearings.
Principle 7: Compliance
The corruption proofing entity needs to monitor compliance with the corruption proofing
recommendations. Ideally, the assessment report will have a standardized feedback sheet
attached to it in order to facilitate compliance feedback by the law-making body.
The catalogue of corruption acts is vast and includes extortion, bribery, fraud,
influence peddling, nepotism, embezzlement and favoritism. Generally speaking, there
exist two major forms of corruption: Petit and Grand corruption. Petit corruption is the
form in which relatively smaller amounts of money are involved or whose impact holds
lesser effects on the country. This form of corruption is often ignored but its effects are
even more damaging than those of Grand corruption if summed up. Petit corruption
includes such acts as paying undue fees to see a medical doctor, to get a seat in a public
school, to go through a check point, obtain professional promotion or a transfer from one
locality to another or for a judge to reverse a court judgment. Grand corruption on the
other hand involves more outrageous sums of money and its impact on the country is
very huge and long-lasting. For example, government officials who embezzle money
meant for the realization of public projects or the increase of the salaries of law makers to
legislate in the interest to an individual or a group of individuals, conspiracy with impact
assessment officials to award non-environmentally friendly projects to extractive
industries, the award of public contracts to unqualified tenders, the reception of poorly
constructed public projects etc.
Principle
The C2 Principles' 73 (to Combat Corruption) The following principles are
offered to all firms, wherever situated and whatever their lines of business. 174 In
addition, the principles are applicable to all business activities of the endorsing firms. A
corporation endorsing the C2 Principles pledges:
1. To disclose publicly and make widely known its endorsement of the C2 Principles.
2. To establish a dearly articulated written policy prohibiting any of the firm's employees
from paying or receiving bribes or "kickbacks."
3. To implement the policy with due care and take appropriate disciplinary action against any
employee discovered to have made payments in violation of the policy.
4. To provide training for employees to carry out the policy, and to provide continuing support,
such as help lines, to assist employees to act in compliance with the firm's policy.
5. To record all transactions fully and fairly, in accordance with clearly stated record-keeping
procedures and accounting controls, and conduct internal audits to assure no improper
payments are made.
6. To report annually on the firm's bribery and corruption policy, along with a description of the
firm's experiences implementing and enforcing the policy.
7. To have the annual report in principle six audited either by an independent financial auditor or
an independent social auditor, or both.
8. To require all agents of the firm to affirm that they have neither made nor will make any
improper payments in any business venture or contract to which the firm is a party.
9. To require all suppliers of the firm to affirm that they have neither made nor will make any
improper payments in any business venture or contract to which the firm is a party.
10. To establish a monitoring and auditing system to detect any improper payments made by the
firm's employees and agents.
11. To report publicly any solicitations for payments, or report privately to a monitoring
organization or a social auditor.
12. To establish a system to allow any employee or agent of the firm to report any improper
payment without fear of retribution for their disclosures.
Form of corruption
o Bribes: This includes bribery carried out directly or through third parties, including
subsidiaries, joint ventures, agents, brokers, suppliers or any other intermediary under a
company's effective control
o Political contributions: This includes any direct or indirect contributions to political
parties, party officials, candidates, or organisations/individuals involved in politics, as a
subterfuge for bribery
o Charitable contributions and sponsorships: This is again aimed at restricting
opportunities for such payments to be made as a subterfuge for bribery
o Facilitation payments: These include small payments made to secure or expedite the
performance of routine actions to which a company is already entitled
o Gifts, hospitality and expenses: This includes the offer and receipt of gifts, hospitality or
expenses whenever such arrangements could improperly affect, or might be perceived to
improperly affect, the outcome of business transactions
Dilemma
The Dilemma is written on the basis that the realisation of a wide range of human rights
is likely to be undermined to a greater or lesser degree by the presence of public and
private corruption. By extension, corrupt activities carried out by MNCs or their
employees are likely to contribute to this process by acting as the ‘supply-side' in the
corruption equation.
This means that in the long-term perspective, anticorruption strategies have to be supported by
moral education and the strengthening of the ethical principles underpinning society.
Appropriate policies and the right sorts of incentives may, in the end, go some way in
addressing the problem of corruption but may in many places not be enough. This may
mean reinforcing the civic responsibility component of secular education. It may require
religious leaders—who bear such heavy responsibility for the decline of religion as a
force for social cohesion—to set aside narrow doctrinal differences and return to the
spiritual roots of their respective faiths to revitalize their ability to lead individuals and
societies to a stronger identification with the spiritual rather than the material dimension
of human nature. In particular, it will involve partnerships with all the organizations and
social forces that have a strong ethical foundation. In a society with stronger ethical
standards, the struggle against corruption will gain a new source of strength that will
complement the progress made in recent years in improving the legal framework
designed to combat bribery and corruption.
The rule of law
The rule of law, which distinguishes a civilised society from an uncivilised one, is indispensable
but not a sufficient condition for the elimination of corruption. In an uncivilised society,
the law of the jungle or the right of might prevails. In such a society there is no security
for the weak and the poor who live at the mercy of the powerful and the rich. On the
other hand, in a civilised society, dealings between the individuals as well as between the
individual and the state are governed by laws which establish the rights and the
obligations of each side. Corruption, when it takes the form of misuse of state authority
and resources for personal gains, generally implies a violation of the law of the land. Its
antidote, therefore, is the rule of law which dictates equality of citizens before law and
their entitlement to a fair trial and due process in case of any criminal charges or
determination of their civil rights and obligations.
The rule of law is crucial for stable democracy, social justice and domestic peace. Equally
important is the confidence that citizens have in state institutions and their
representatives. Good governance and the fight against corruption require oversight not
just from institutions, but also from civil society.
The importance of having a separation of powers and an independent judiciary that enforces laws
and protects citizens from indiscriminate decision-making. It is also particularly
important to have rule-based “integrity of management” and guaranteed property rights.
Corruption, on the other hand, undermines the faith that citizens have in the state and
causes enormous economic damage. Although the fight against corruption is increasingly
taking center stage in reform debates, there is a lack of solutions.
Whether civil servants are appropriately compensated or grossly underpaid will clearly affect
motivation and incentives. If public sector wages are too low, employees may find
themselves under pressure to supplement their incomes in “unofficial” ways. Van
Rijckeghem and Weder (2001) did some empirical work showing that in a sample of less
developed countries, there is an inverse relationship between the level of public sector
wages and the incidence of corruption.
Subsidies, tax exemptions, public procurement of goods and services, soft credits,
extra-budgetary funds under the control of politicians—all are elements of the various
ways in which governments manage public resources. Governments collect taxes, tap the
capital markets to raise money, receive foreign aid and develop mechanisms to allocate
these resources to satisfy a multiplicity of needs. Some countries do this in ways that are
relatively transparent and make efforts to ensure that resources will be used in the public
interest. The more open and transparent the process, the less opportunity it will provide
for malfeasance and abuse. Collier (2007) provides persuasive evidence on the negative
impact of ineffective systems of budget control. Countries where citizens are able to
scrutinize government activities and debate the merits of various public policies also
makes a difference. In this respect, press freedoms and levels of literacy will, likewise,
shape in important ways the context for reforms. Whether the country has an active civil
society, with a culture of participation could be an important ingredient supporting
various strategies aimed at reducing corruption.
The high correlation between the incidence of corruption and the extent of bureaucratic red tape
as captured, for instance, by the Doing Business indicators suggests the desirability of
eliminating as many needless regulations while safeguarding the essential regulatory
functions of the state. The sorts of regulations that are on the books of many
countries—to open up a new business, to register property, to engage in international
trade, and a plethora of other certifications and licenses—are sometimes not only
extremely burdensome but governments have often not paused to examine whether the
purpose for which they were introduced is at all relevant to the needs of the present.
Rose-Ackerman (1998) suggests that “the most obvious approach is simply to eliminate
laws and programs that breed corruption.”
Subsidies are another example of how government policy can distort incentives and create
opportunities for corruption. According to an IMF study (2013), consumer subsidies for
energy products amount to some $1.9 trillion per year, equivalent to about 2.5 percent of
global GDP or 8 percent of government revenues. These subsidies are very regressively
distributed, with over 60 percent of total benefits accruing to the richest 20 percent of
households, in the case of gasoline. Removing them could result in a significant reduction
in CO2 emissions and generate other positive spillover effects. Subsidies often lead to
smuggling, to shortages, and to the emergence of black markets. Putting aside the issue of
the opportunity costs (how many schools could be built with the cost of one year’s energy
subsidy?), and the environmental implications associated with artificially low prices,
subsidies can often put the government at the center of corruption-generating schemes.
Much better to replace expensive, regressive subsidies with targeted cash transfers.
Many cases of corruption take years to be given a verdict. This delay in cases creates a lack of
fear of being corrupt and also huge time span for court trials gives sufficient time to make
alterations in the witness. Establishing fast-track courts and giving severe punishment for
corruption practice will keep control on corruption.
There are many major scams and corruption events involving media. Though the media is well
aware of the corruption happening they stay silent due to their support for some political
parties or else their owners get some monetary benefits from the rulers. Even there are
many reporters who are aware of scam or corruption, they stay silent without revealing it
to the press for having received monetary benefits to do so. If media personnel are found
to be guilty of not having exposed the scam or corruption intentionally, they have to be
prosecuted, and their licenses are withdrawn.
F. Conclusion
Corruption is a behavior and action that nobody ever should do in every situation
because it is a bad habit, even when the situation allows the person to commit corruption
because nobody will know that corruption had been done, because it is a self-discipline
that we must maintain so we do not cause a greater loss to other people. Corruption is a
crime that inflict a financial loss to others and may effect a greater loss than it should be,
and corruption can effect many aspect of life that will trouble other people especially in
government because the money from the people that’s called taxes must be used to the
maximum for the welfare of the people itself to gain maximum usefulness, but when the
behavior of corruption take place in the government works then it would affect the citizen
of that country that will make the people who pays taxes suffer and gain no advantage
from the tax they pay. Corruption become a global problem. All Countries all are facing
this issue in fact corruption is one of the main causes of the downfall of the nations in the
past. It’s just liked a disease and So many people are victims of this disease and it must
be cure with strong action. Corrupt person never thinks about country or society welfare
it’s only aims increase their earnings. The way to reduce and stop the act of corruption
came from the people itself whether they choose to do corruption or not. Corruption can
be stopped by the when people are educated, and they know their rights, responsibilities
and self-awareness. each and every people are equal to responsible to put an end to
corruption. And the law of corruption of the country must be strong and cannot be
contested by anyone when someone commit a corruption and the punishment must be
hard enough, so people may scare from doing corruption.
G. References
Kurniawan, Ardeno. Korupsi membuka pandora box perilaku korup dan dimensi etika, budaya,
dan keperilakuan. Yogyakarta: C.V ANDI OFFSET (PENERBIT ANDI),2018
Setiyono, Budi, Adnan, Muhammad, and Astrika, Lusia. Gerakan anti korupsi. Bandung:
PENERBIT NUANSA CENDEKIA,2018.
Journal Contemporary politics > volume 5, 1999 – issue 3
http://journals.sagepub.com/doi/abs/10.1111/j.1467954X.1961.tb01093.x?journalCode=sora
http://sunnewsonline.com/the-war-against-corruption-2/
https://link.springer.com/article/10.1007/s10611-016-9679-6