بهتر انتظام
۽
ڪرپشن جو خاتمو
ايشيائ ترقياتي بئنڪ جي هڪ اهم پاليسي پبليڪيشن جو ترجمو
محمد موسى سومرو
باني ۽ آرگنائزر؛ ترقياتي ادارو براءِ سماجي ضابطه، سماجي نظم، سماجي نگهداري، سماجي تعليم ۽ سماجي تحقيق
ايشيائ ترقياتي بئنڪ هن حقيقت
جو ادراڪ رکي تو ته
غربت جي خاتمي لاءِ
رٿيل جدوجهد
ڪرپشن جي خلاف
ڪاوشن سان جڙيل آهي
ايشيائ ترقياتي بئنڪ پاران ڪرپشن جي وڌندڙ خطرات کي ڏسندي هڪ اينٽي ڪرپشن پاليسي جوڙي وئي آهي. هي پاليسي جولاءِ 1998۾ منظور ڪئي وئي هئي.جنهن مطابق ڪرپشن کي ڪنهن به صورت قبول نه ڪيو ويندو.ڪرپشن ۾ شامل آهن بد عنواني ، فراڊ، جعلسازي ۽ زور، زبردستي جي عمل سان ٿيل ڊيلنگس شامل آهن.
هن پاليسي ۾ هو تمام ڪمپنيون ۽ افراد شامل آهن جيڪي ايشيائ ترقياتي بئنڪ جي مالي سهڪار سان هلندڙ پراجيڪٽ ۾ شامل هوندا. هن ۾ ايشيائ ترقياتي بئنڪ جو سمورو اسٽاف، ۽ سمورا پبلڪ ۽ پرائيويٽ سيڪٽر آپريشن
به شامل آهن.
هن پاليسي جا مکيه نقطه هن ريت آهن.
1. مقابلي جو رجحان رکندڙ مارڪيٽ، قابليت رکندڙ، اثرانداز ٿئيڻ وارو، احتساب جي قابل ۽ شفاف عوامي انتظام کي سپورٽ ڪيو ويندو.
2. ڪرپشن جي خاتمي لاءِ حقيقي ۽ ڪيس ٽو ڪيس بنيادن تي ڪيل ڪوششن کي سپورٽ ڪيو ويندو. ۽ ايشيائ ترقياتي بئنڪ جي پهنجي ترقي پذير ممبر ملڪن DMCs سان گورننس جي مختلف معاملن ، جنهن ۾ ڪرپشن به شامل آهي، تي ڊائيلاگ کي وڌيڪ اثرائتو بڻايو ويندو.
3. هن کي يقيني بڻايو ويندو ايشيائ ترقياتي بئنڪ جا پراجيڪٽ ۽ اسٽاف بوترين اخلاقي ميعار تي ڪم ڪري.
گڊ گورننس. بهتر انتظام.
1995۾ ايشيائ ترقياتي بئنڪ دنيا جو پهريون گهڻ رخي بنڪ بڻجي ويو جنهن پنجي آپريشنز جي لاءِ گورننس پاليسي جاري ڪئي. هن تسليم ڪيو ته ترقياتي عمل ايهڙي ماحول ۾ وڌيڪ ۽ تسلس سان ڪامياب تئيندو آهي جٿي فيصله سازي شفاف آهي، سرڪاري ڪامورن ۾ احتساب جو عمل هلندڙ آهي ۽ شراڪت دارن جو فيصله سازي ۾ عمل دخل آهي.
(Continued)
41. Four conference sessions tackled the issues of Implementing Good Governance and Combating Corruption. The first, by Dr. Clay Wescott, a Senior Public Administration Specialist in ADB’s Regional and Sustainable Development Department, addressed the topic “Good Governance for Improved Tax Policy and Administration”. 42. Beginning a few years ago, the Asian Development Bank started to pay serious attention to governance issues. The Board of the ADB was the first of an international financial institution to adopt and implement a governance policy, defining governance as “The manner in which power is exercised in the management of a country’s social and economic resources for development”. 43. One challenge in approving the new policy came from Article 36 of the ADB’s Charter, which states that the Bank “shall not interfere in the political affairs of any member nor shall they be influenced in their decisions by the political character of the member concerned. Only economic considerations shall be relevant to their decisions...”. Yet, the policy justifies ADB’s governance work because “...the success of the ADB’s project investments depends on borrowers having a sound institutional framework, and implementation capacity”. 44. The policy specifies four elements of good governance: accountability, participation, predictability, and transparency. Accountability means, for example, calling tax officials to account for their actions. It means answerability: requiring officials to respond to questions concerning official actions. And, it means consequences: that there is certain punishment when officials or taxpayers are caught breaking the law. 45. Participation means encouraging feedback from taxpayers (facilitated by information and communications technology), investigative reporting by a free, professional media, and a role for commercial associations, lobbies, and direct action by citizens, through tax protests. The benefit of encouraging such participation is that it helps provide reliable information and serves as a reality check and watchdog on officials. However, many governments resist measures to increase participation. A recent study found that there was not a single World Bank project during the 1990s supporting tax reform with a component for improved tax administration. 46. Predictability means that tax regulations are clear, known in advance, and uniformly and effectively enforced with minimal discretion for tax officials. It also means that regulatory frameworks minimize hidden taxes. Corruption is the most common source of unpredictability. 47. Transparency means low-cost access to procedural information which is relevant and understandable. Information and communications technology offers good possibilities for the low-cost transfer of information. 48. One challenge for the ADB and other donors working in this area is that studies show that increasing aid to a developing member country can sometimes worsen governance. Data since 1995 show that countries receiving more aid tended to have increasing political instability, and worsening regulatory quality and rule of law. The possible reasons: aid can weaken institutional capacity, siphon off scarce talent from the bureaucracy, and weaken accountability. It can also lead to conflict over control of aid funds, and alleviate pressures to reform inefficient policies and institutions. ADB needs to be careful to avoid these problems in assisting developing member countries. 49. Good governance helps the poor by facilitating markets and economic growth, by promoting participation and empowerment, by ensuring that lawful taxes are paid so that public services are adequately funded, and by enabling delivery of high-quality services. Lower income homes pay more for corruption. In Bangalore, India, for example, 33% of poor reportedly have to pay bribes, while only 14% of the non-poor have to pay bribes. Corruption hurts the poor through lower growth, regressive taxes, reduced and lower quality services, higher investment risks, and lack of protection of legal and civil rights. 50. An area of increasing interest for governance reform is fiscal decentralization: transferring fiscal, political and administrative functions from higher to lower levels of government. There are three types of decentralization. Deconcentration means assigning certain functions to branch offices. Delegation means transferring tasks from one public agency to another agency or service provider. Devolution means transferring authority for tasks to autonomous, locallevel units. 51. Countries adopt fiscal decentralization in hopes of expanding democracy. They also hope for efficiency gains, and improved service through agency arrangements. In some cases, decentralization is a response to demands for regional autonomy. Questions for further research include: Has decentralization brought efficiency gains, improved revenue collection and/or expenditure management? If participation has increased, is there any evidence of corresponding improved systems of accountability? Where there has been an increase in local democracy, has it helped the poor? There is some evidence that middle and upper classes use well-financed lobbying to secure resources, despite demo6 ADBI Executive Summary Series No. S65/02 cratic structures. The poor have difficulties exercising political rights because of poor information, geographic dispersion, weak communication infrastructure, and fear of reprisals. 52. In order to plan its assistance to developing member countries, the ADB carries out three types of governance assessments: governance checklists, governance reviews, and performance based allocation ratings. The ADB then works with other agencies such as the IMF and the World Bank to provide coherent packages of assistance for improving public financial management and other aspects of governance. 53. Assessments of tax systems are important to carry out prior to designing such assistance programs. These assessments look at four main areas: policy formulation, accountability, service delivery effectiveness, and service delivery efficiency. 54. In the area of policy formulation, topics include performance of the policy function, including simplicity, equity and comprehensiveness of administrative law and taxpayer procedures. There are also capacity issues, including human resource quality and quantity for policy formulation and research, and institutional issues such as autonomy, budget, laws, organizational structure, no political interference in administrative decisions, and an appropriate tax structure. 55. In the area of accountability, topics include performance issues such as corruption, revenue loss due to administrative lapses, and quality and frequency of taxpayer surveys. There are also capacity issues such as quantity and quality human resources and other resources for management inspection, audit, anticorruption, training, and participation, as well as institutional issues such as internal and external audit programs, the availability of an ombudsman, the use of taxpayer surveys, the application of penalties, and the provision of incentives. 56. In the area of service delivery effectiveness, topics include performance indicators (same before and after reform). There are also capacity issues including quantity and quality human resources and other resources for management inspection, audit, anticorruption, training, participation, budget, and appropriate outsourcing, and institutional issues such as taxpayer identification, taxpayer education and services, appeals, information exchange and sharing, and clearance procedures. 57. In the area of service delivery efficiency, topics include performance indicators (same before and after reform), timeliness, convenience. Capacity and institutional issues are the same as for effectiveness. 58. Finally, assessments of tax policy and administration need to take into account relevant constraints such as the level of development, openness, the standards of the accountancy profession, financial and banking regulations, literacy, compliance attitudes of taxpayers, credibility of government, and civil service conditions. 59. The second presentation on the theme of good governance and combating corruption was by Mr. Jak Jabes, Advisor for Governance in the Regional and Sustainable Development Department of the Asian Development Bank. He explained the “Asia-Pacific Region’s Anti-Corruption Action Plan”. 60. Reaction towards corruption is not only because it is a nuisance. Economists estimate that corruption can cost up to 17% of a country’s gross domestic product in Asia, robbing the population of precious resources that can be used to reduce poverty and promote sustainable development. Corruption’s devastating effects on political stability and economic growth are further reinforced when money does not come or simply moves out. For instance, many countries with low scores on Transparency International’s Corruption Index have significant problems in attracting foreign investment. 61. The Anti-Corruption Action Plan’s origins date from 1999 when the ADB and the OECD commenced cooperation on raising awareness on corruption in the Asia-Pacific region. Two conferences had brought together civil servants, politicians, academics, media, civil society and business representatives to learn from each other the extent of the corruption problem in the region. During 2001, participants to these events mandated the two organizations to develop a useful instrument for the region. Working with experts from some dozen countries along with international civil society and the business community, the ADB and OECD facilitated the drafting of an action plan to address corruption in the region. 62. The plan, an historical first for the Asia-Pacific region, was adopted by 17 countries from the Asia-Pacific region meeting in Tokyo in November 2001. In May 2002, Kazakhstan became the 18th country to endorse the Action Plan. By endorsing the Action Plan, the participating governments pledged to undertake reforms that would curb corruption in their countries and to report the outcomes of these reforms to their peers, the other endorsers of this Plan. 63. The Action Plan is based on three pillars of action: developing effective and transparent systems for public service, strengthening anti-bribery actions, and supporting active public involvement in the process. One can view tax administration reform as taking place both at a policy level as well as at the administrative and management level. Much information from countries that have already undertaken reforms is available when it comes to tax policy. Developing countries often try to emulate such policy measures and pass the necessary legislation to allow changes in tax collection systems. Unfortunately, the problem often lies in implementation of policy, which has to be done through tax administrations at the national and local (regional, provincial, municipal) levels. Good tax policy that remains on books and cannot be implemented, because of administrative culture, low salaried personnel ‘seeking rents’, lack of appropriate information technology or lack of training which leads to low morale in civil servants working in tax areas. Furthermore, corruption in tax does not get reduced. 64. The Action Plan requires each country to identify a limited set of actions within the three pillars and to report on the reforms undertaken to a peer group within 12 to 18 months. A Secretariat of ADB and OECD provides support to help each country in implementing the Plan, and especially finding resources to facilitate reform. The endorsing countries constitute the Steering Group. 65. The Steering Group has met in 2002 and started examining projects being submitted by endorsing countries. Discussion has revolved around the necessity to reinforce actions at ADBI Executive Summary Series No. S65/02 7 the regional level and to continue the dialogue on anti-corruption among neighbouring countries. A medium-term strategy has also been agreed upon. 66. Tax reform requires political will, an administrative culture that emphasizes good governance, and the right reward structure for civil servants. There are examples of countries which have achieved this, such as Singapore, over a short period of time. Singapore’s success is mainly due to political leaders committed to an anti-corruption strategy which reduces opportunities and incentives for corrupt behavior. 67. While every international organization has positions against corruption and remedies for curbing it, experience suggests that in the Asia-Pacific region, an inclusive approach such as this one may have a real chance of success. Countries have endorsed a plan that was drafted by them on the basis of extensive consultation with their governments and revised to reflect a general consensus that provides a broad palette of reforms that participating countries can work on in the coming years. 68. The countries which have endorsed the Anti-Corruption Initiative, Bangladesh, Cook Islands, Fiji, India, Indonesia, Japan, Kazakhstan, Kyrgyzstan, Korea, Malaysia, Mongolia, Nepal, Pakistan, Papua New Guinea, Philippines, Samoa, Singapore, and Vanuatu, are working hard to meet the Plan’s implementation obligations. The Secretariat has started to work with countries which have not yet endorsed the Plan to seek their concurrence. The U.S. State Department has funded an advisor to work with endorsing countries and support them in their implementation efforts. The ADB believes that with realistic expectations and concerted effort, the Asia-Pacific region will embrace the fight against corruption in this new millennium and that this Action Plan will be a useful instrument. 69. A third session on Good Governance and Combating Corruption organized by Mr. Jak Jabes and Dr. Clay Wescott was based on roundtable contributions by conference participants. Participants were divided into five groups and each group identified priority policy measures they would recommend to attack corruption and to improve the integrity of tax administration in their jurisdictions. The results were plotted in a table and revealed a striking consistency. In particular, clear and comprehensive rules in lieu of ambiguity and discretion and open and transparent rule-making and administrative processes were nominated time and again as first priorities. 70. Subsequent roundtable discussions looked at a number of related issues including the question of whether revenue collection agencies should be constituted as independent entities or as government departments. The general consensus appeared to be that independence from political interference was the key to good governance and the form of the legal entity was not as important as its ability to operate free of such interference. 71. Another issue raised in the roundtable discussion was whether revenue authorities should be permitted to pay bonuses to staff for meeting collection targets. It was pointed out that such an approach is difficult to implement as the success of an agency rests on contributions by all levels of staff, not only the inspectors in the field, and in an efficiently operating agency it would be difficult to impossible to identify which aspect of the collection process had been most effective. More importantly, adoption of a system that tied remuneration to collections would indicate that officers had some discretion in the application of the law. Bonus based remuneration would not be possible under a regime based on a transparent and comprehensive law as there would be no scope for tax officers to exercise discretions in the interpretation or application of the law. Adoption of a bonus system thus presumed ambiguities and uncertainty in the law that invited discretion and ultimately corruption. 72. Finally, the fourth session on the theme of good governance and combating corruption was again by Dr. Wescott who looked at the role of information and communication technology as a tool to support reform in a paper entitled “Egovernment: Supporting Tax and Other Public Sector Reforms in the Asia-Pacific Region”. 73. E-government is the use of information and communications technology (ICT) to promote more efficient and costeffective government, facilitate more convenient government services, allow greater public access to information, and make government more accountable to citizens. 74. A number of basic principles are important to consider in adopting e-government. First, ICT is a tool, potentially powerful yet essentially no different from a photocopier or a car, in the sense that user needs and requirements must come first and dictate whether and how the ICT tool should be used. For certain functions, pencil and paper, or a telephone, or a faceto- face meeting, or a visit to the library is far more effective than computers or the internet. 75. This obvious point must be strssed because governments, consultants, or donor agencies often encourage computerizing anything in sight. Indeed, it could be argued that ICT innovation is now largely supply- and marketing-driven rather than dictated by the needs and requirements of the users. Thus, as for any tool, it is essential to assess realistically and compare the costs of a given ICT change with the actual benefits expected from it. 76. Second, the ICT “techie” and the “public manager” should not work in isolation from one another. Improvements in public- sector effectiveness stem largely from better rules and procedures in the sector concerned. To apply advanced ICT to obsolete or inefficient rules and processes means in effect to computerize inefficiency. Doing the wrong thing faster is not progress. On the other hand, the absence of relevant ICT knowledge risks either costly mistakes or missed opportunities for dramatic service improvements. 77. Third, ICT cannot substitute for good public management and internal controls. When Algeria’s state-owned banks introduced a computerized system, the result was not to improve the banking system, but to make more visible the inadequate accounting system and frequency of manual errors. In this way, ICT can contribute to structural reforms, but is only part of the process. 78. Fourth, the introduction of ICT can reduce corruption by better enforcing rules, reducing discretion of officials, and increasing transparency. Indeed, officials may resist new ICT systems for fear of losing corrupt incomes. Yet, while ICT 8 ADBI Executive Summary Series No. S65/02 eliminates many opportunities for corruption for those who do not understand fully the new technology, it opens up new corruption vistas for those who understand the new systems well enough to manipulate them. In a sense, ICT permits an intergenerational shift in corruption and rent seeking. 79. Fifth, there is considerable public and private sector experience showing that the acquisition of large ICT systems is a complex matter. For example, a study of ICT projects in the United States in 2000 found that only 28 percent were completed on time, within budget, and with full functionality; 23 percent were cancelled, and 49 percent were late, over budget or delivered with less than full functionality. 80. That said, ICT’s wonderful potential has been hardly used in most Asia-Pacific countries to increase government accountability, transparency, and participation; to improve the efficiency and effectiveness of public-sector operations; to widen access to public services; and to disseminate information to the public and get feedback from relevant stakeholders and service users. 81. Reasons for slow adoption of ICT by the Asia-Pacific public sector include the difficulty of attracting ICT professionals to public service, weak legal framework dealing with such matters as digital signatures, inadequate intellectual property protection, a lack of e-commerce rules, security issues, weak procurement procedures and standards for ICT, and the prevalence of silo systems where most communication is vertical rather than horizontal. Other factors include inadequate ICT infrastructure, high user charges, weak ICT planning, project management, support and monitoring of results, and supply driven projects, with weak assessment of user requirements. 82. Some jurisdictions, such as Singapore, Hong Kong, China and Andhra Pradesh state in India are quite advanced in egovernment, but they are the exceptions. In the tax area, many other governments have websites providing tax information, and some (e.g. Philippines, Indonesia) are experimenting with e-filing for large taxpayers. 83. E-commerce presents a potential challenge to tax authorities because of loss in tax revenues as products are shipped electronically instead of physically. Issues include how to define the product, and thus relevant trade treaty (GATT vs. GATS) that applies, opportunities for consumption vs. income taxes, and the need for international cooperation and harmonization of tax rules to encourage expansion of e-commerce, and to prevent tax competition. 84. The risks of e-government need to be carefully managed, including the difficulties of carrying out organizational change. Governments may need to change the way public agencies do business to accommodate off-the-shelf software (or face the cost and even potential drawbacks of customized software). This may mean changing laws and regulations, improving ICT awareness, and even shaking up important persons’ roles and responsibilities. 85. Governments also have to manage the risk of overly complex, customized and time-consuming procurement by carefully reviewing latest off-the-shelf products, starting small and scaling up fast, using success of pilots to secure commitment to change by management and staff, ensuring clear accountability in ICT projects, and recruiting and retaining talent. 86. Finally, there are major risks of possible alteration or loss of records during migration from manual to electronic systems, and the chance that essential functions will not be performed as new systems have teething problems. To minimize these risks, organizations can maintain manual backup until integrity of electronic system is assured, ensure the capture/creation of reliable records to serve as evidence of accountable acts and transactions, safeguard the integrity and authenticity of all records within the regime for as long as they are required, and provide for the accessibility and updating of records.
Khamosh Zehar
( Sindhi, Urdu & English Newsletter)
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اس رپورٹ کے مطابق پولیس کیسیز کو حل کرنے کے لیے اکثر غیر قانونی طریقوں کا استعمال کرتی ہے۔
دنیا بھر میں انسانی حقوق پر نظر رکھنے والی تنظیم ہیومن رائٹس واچ کا کہنا ہے کہ ہندوستان میں پولیس بے لگام ہے اور وہ کھلے طور پر انسانی حقوق کی خلاف ورزیاں کرتی ہے لیکن وہ جوابدہ کسی کو بھی نہیں ہے۔
ہیومن رائٹس واچ کی رپورٹ کے مطابق بھارت کے محکمہ پولیس میں ذات پات اور امیری غریبی کی بنیاد پر امتیازی سلوک ایک عام بات ہے اور ملک کی جمہوری اقدار کی ان دیکھی کرتے ہوئے '' پولیس اپنے آپ کو قانون سے بالا تر سمجھتی ہے۔'' رپورٹ کے مطابق مشتبہ افراد کو غیر قانوی طور پر حراست میں رکھنا، انہیں ایذائیں دینا اور کئی بار حراست میں ہی جان سے مار دینا پولیس کےرویے میں شامل ہے۔
ہیومن رائٹس کی مینکاشی گنگولی کا کہنا ہے کہ اس رپورٹ میں بڑے افسروں کے بجائے توجہ جونیئر اہلکاروں اور تھانوں پر دی گئی جس سے عام لوگوں کا اکثر واسطہ پڑتا ہے اور اسی سطح پر سب سے زیادہ خلاف ورزیاں ہوتی ہیں۔
'' نوئے فیصد کیسیز میں پولیس ملزمین کے خلاف ثبوت نہیں جمع کر پاتی ہے اسی لیے وہ چھوٹ جاتے ہیں، تو انہیں لگتا ہے کہ عدالت انہیں چھوڑ دیگی اس لیے وہ خود سزا دینے لگتے، مارتے پیٹتے ہیں اور کئی بار مار ڈالتے ہیں۔''
میناکشی کا کہنا تھا کہ منموہن سنگھ کی حکومت نے پولیس اصلاحات کا وعدہ کیا تھااس لیے انہیں امید ہے کہ اس رپورٹ کا اس پر اثر پڑیگا۔
ایک سو اٹھارہ صفحات پر مشتمل ہیومن رائٹس واچ کی اس رپورٹ میں سینیئر پولیس افسران، جونیئر اہل کار اور متاثرین کے انٹرویوز شامل ہیں جن سے پتہ چلتا ہے کہ پولیس کیسیز کو حل کرنے کے لیے اکثر غیر قانونی طریقوں کا استعمال کرتی ہے۔ رپورٹ کے مطابق اسی لیے پولیس اکثر لوگوں کی امیدوں پر کھرا نہیں اترتی ہے اور وہ سماج میں غیر موثر تصور کی جاتی ہے۔
کامن ویلتھ ہیومن رائٹس واچ تنظیم کے رکن ڈاکٹر پشکر راج کا کہنا ہے کہ بھارت میں سب سے بدعنوان اور خراب پولیس کا ادارہ ہے جس میں فوری طور پر اصلاحات کی ضرورت ہے۔'' بھارتی پولیس برطانوی دور کے قوانین کے تحت آج کل بھی کام کر رہی ہے اس کی اصلاحات کے لیے کئی کمیشن بنے لیکن حقیقت یہ ہے کہ کوئی بھی جماعت جب اقتدار میں آتی ہے تو اپنے مقاصد کے لیے وہ اسے اپنے قبضہ میں رکھنا چاہتی ہے۔''
ایشیاء میں ہیومن رائٹس واچ کے ڈائریکٹر بریڈ ایڈم کا کہنا تھا کہ بھارت معاشی سطح پر ترقی کی راہ پر ہے اور دنیا کا بڑا جمہوری ملک بھی لیکن پولیس کا رویہ انسانی حقوق کی خلاف ورزیوں سے پر اور غیر جمہوری ہے۔
اس رپورٹ میں یہ بھی کہا گیا ہے کہ بھارت میں کام کے لیے پولیس پر ضرورت سے زیادہ دباؤ ہے اور وہ جدید ٹیکنالوجی اور تربیت سے لیس نہیں ہے۔ رپورٹ کے مطابق بیشتر جونیئر پولیس اہل کار اچھی حالت میں کام نہیں کرتے اس لیے دباؤ میں بھی وہ ایسی حرکتیں کرتے ہیں جس سے حقوق کی خلاف ورزیاں ہوتی ہیں۔
Certainly corruption is not a new thing in human societies. It is an age-old
menace which can cause tremendous harm to society. The recent call against
corruption or more specifically "money politics" by the Prime Minister is definitely
very much welcome. It is not only the Prime Minister who should be concern with
it, but the whole society should be wary about it so that we could create a clean and
honest society.
Generally speaking, corruption exists when a person in power has the right to
make decisions that concern others whose interests are at stake. The interested parties
will try to find ways and means of getting what they want. One of the common ways
is to offer the person in power certain favours so that the decision is made in his
favour. This could happen only if the decision maker is willing to accept the favours
offered to him.
On the other hand, if the person in power is not willing to accept such favours,
then the process stops there. Unfortunately, it is not as simple. The interested party is
not going to stop there either. If he thinks that the stake is too big to loose, he may be
willing to give more until it becomes too much to refuse. Once we become obliged, we
tend to find it difficult to refuse the next time around.
It is also true that the disease can start from the person in power. By making
things difficult the interested party will start to entertain the idea that there is another
way of doing things. He will try to search for the best way of getting what he wants.
It can also be started by those with vested interest. These individuals who have
something they really want from those in authority will try their best to reach those in
power and suggest some form of kickbacks. Of course, it will not so easy at first, but
eventually, with a lot of persuasion and perseverance, they get their way.
Of course, at the early stages, most of the corrupt practices are carried out
very discretely so that the integrity of the person is never questioned. One can
appear to be super clean in public, but in actual fact, those involved are the only
people who know what goes on behind those innocent faces.
The problem becomes gigantic when corruption is practised openly. Those in
power starts demanding what they want and those who give are very open about it too.
Both parties have regarded it as a norm because everybody else is doing it anyway.
Those who do not do it are considered as either stupid or a thorn in the group. These
are the people who will have to make the choice to join them or leave the group.
Corruption too has different definitions. What is considered corruption for some
may not be so for others. It depends entirely on the norm that is accepted by certain
societies. For instance, some of the advanced countries have allowed huge bribes paid
out by multinationals to high ranking officials in other countries as tax deductible. You
call it by any name which is regarded as an expense and that amount is surely tax
deductible.
The implication cuts both ways. The countries where these multinationals reside
will loose in the form of corporate tax. The countries whose high ranking officials
accept the huge bribes will end up paying much more than the real price of the service
or product. In the end, the people who gain are the high ranking officials, while both
the countries involved, loose out.
What is even worse is when decisions tend to be made based on the amount of
bribe or commission they could get. It is no longer the price and quality of service or
product that is being purchased become the most important criteria. When this
happens, the user of the service or product will become the victim.
Corruption is also said to be highly related to materialistic tendencies, which
can be due to real needs caused by income or greed and desire to live well beyond
one's means. When this happens, it can easily lead to gross inefficiencies both
financially and productivity wise. Those involved will find ways and means of
applying pressure on others whom they can prey upon, instead of providing genuine
service to such victims. It is quite common for those intending to receive bribes to
delay approval or payment process so that they can expedite the service in return for
some bribes.
Apart from the obvious damages that we cause to society through bribery and
corruption, Islam provides another view on this menace.
The Holy Prophet of Islam used to appoint a number of his companions as
the collectors of zakat, during the Medina period. They were to make proper
assessments on the items where zakat become payable, collect the proper amounts
and distribute to the recipients in the same locality. One of these collectors of zakat
came back and told the Holy Prophet, "This amount is what I have collected less
what I have distributed to the rightful recipients, but this is mine". The Holy
Prophet was very upset and rebuked him saying, "What right have you to put aside
something that does not belong to you. If you were to remain in your father's house,
would you get what you are taking?"
The Holy Prophet had also been reported to have said, "If you get from the
people because of your position is bribery. Would you get it if you are not holding that
position, or if you stay in your father's house?"
These hadith provide us with the strict definition of bribery and corruption in
Islam. Gifts that we get, could be considered as bribery if it is meant to oblige us to
abuse our position or power. However, if it is customary for those in power to receive
gifts because of the respect, love and services that they have rendered to the people,
then of course it cannot be regarded as bribery.
We know that the Holy Prophet himself used to accept gifts of various forms
from heads of states in his time. He also used to give similar gifts to others. This is
surely not bribery because it is customary to do it. Moreover, it is often given out of
love and respect for the person.
In essence, Islam too frowns upon bribery and corruption. It is definitely a sinful
act. All benefits derived from sinful activities are definitely unlawful. To this applies
the famous hadith that states that the flesh that grows out of unlawful income has no
place in the hereafter but hell.
The problem that we have to sincerely question is whether the bribe that we have
paid for will bring about future streams of income to us or not. If the stream of income
that we receive is clearly the result of the bribe that we have paid for, then naturally,
the stream of income that we derive is unlawful in the eyes of Islam. For instance if we
bribe to get to a certain position, the stream of income that we enjoy from such a
position is also questionable Islamically. This is the real danger of all our sinful
actions. Whether we pay zakat or donate our wealth for a very noble cause from such
wealth, there is no benefit to us. This is because, neither zakat nor good charitable
deeds are counted from unlawful income.
After all, we are all accountable to Allah in every action that we do on this earth.
A famous hadith has it that Allah will call us to account how we spend our life, our
youth, our wealth and our knowledge.
Abdul Rahman ibn Auf, the richest companions among the famous ten whom
the Holy Prophet had predicted will enter paradise will have to account for all his
wealth, the way he got and spent them, before being allowed to approach the gate of
heaven. The other nine would have little wealth to account for and hence will speedily
reach heaven. God knows best.
IT To Root-Out CORRUPTION
(Latest revision. Last update On 1st January 2009)
By: Valerian Texeira
Abstract: - This document basically contends that; ‘most of the economic crimes known as corruption, occurs mainly due to the surreptitious or illicit
money transactions. The cash money plays the key role, as it enables the unscrupulous people to make money transactions without leaving any concrete
records or proofs so it escape from its public, legal scrutiny. Thankfully now the good news is that the Information Technology (IT) today with its
innovative “Electronic (E) Money Transaction” if made mandatory in combination with ‘Biometric Identity’ in all bank accounts can enable the Governments
to root-out most economic crimes, as well other crimes. Only if there is a political will to get it done’.
Introduction:
Thanks to the era of Information Technology (IT) that our world galloping in today. With its widespread broadband Internet connections it is ushering a
new economic age of E-commerce, E-business. Most important in this regard is its innovative electronic or the E-money (“credit card” its partial form)
transaction technology, in which the money payment/receipt in-between any two parties necessarily conducted through a “third party”, a bank or financial
institution that provides this most important “financial service” and in the process all its “INFORMATION” gets instantly recorded in the digital data
storage of this registered public financial institution. Under which it is impossible for any one to cheat, deny or hide the true accounts of their money
and all its transactions from the public or legal scrutiny when authorized.
Traditional Reason For Hiding CASH Money -- Its Main Drawback:
Traditionally the genuine reason for people to keep their money hidden and not to display its true amounts to the public is to PROTECT it from getting
stolen, burgled or looted. Most importantly the fear of getting robbed, or lost while carrying it around for the transaction. Nevertheless from ages the
cash money remained indispensable or quintessential for the economy to conduct the value (commodity) exchange or the trade most efficiently. However today
this newly emerging innovative IT of Electronic Money Transaction (EMT) can fulfill all the needs of the traditional CASH money transaction far more
efficiently. Together with, it would entirely remove all such potential threats or the genuine fears of robbery, stealing, theft, by this revolutionary
technological system.
By the way, the main draw back of the traditional cash money transaction is that it is impossible practically to keep and maintain the records, accounts of
ALL cash money transactions for its legal, public scrutiny. Its paper and storage cost alone would be so enormous let alone its labour cost and other
factors. It is only the IT today with its E-money transaction record keeping digital technology, practically enables us to accomplish it. This document
marks its beginning.
Money Basically A Public TRUST:
Money is basically a public TRUST. It puts a social responsibility and the legal obligation on all those who owns it over and above a given limit that
they should maintain and submit its truthful accounts before the designated public authorities for its due legal scrutiny and not to use it for unlawful,
illicit purposes. However the conventional cash money delivery between any two parties got no such effective technology to monitor and record its
movements and know all its location all the times to prevent it from getting misused. Thus it becomes possible for the unscrupulous individuals to totally
hide it or submit its false accounting before the legal authorities in breach of its public trust, and engage into many kinds of its “misuse”, clandestine
business practices, criminal use or the surreptitious money dealings.
Cash Money Hiding Ability Breeds Corruption:
Of course, most of the cash money transaction, business in our world conducted lawfully. However a significant number of this cash money amounting to
enormous sums kept hidden away from the legal scrutiny or collected and employed unlawfully. The number one among is the ubiquitous economic crime of tax
fraud or the evasion. Along with its cheating and depriving the public revenue it also puts the other people around in the money market competition into
a very disadvantageous position thus pressurizes, encourages or tempts many among them also to commit that crime. Same is true with other economic crimes
and the most notorious among is the extortion or the BRIBERY. There are number of such economic crimes that I will mention some of them in the latter
sections. It is mainly due to the cash money (currency) basically having this “concealable” property that gives its possessor the ability to hide it from
its legal scrutiny that could lead into its surreptitious transactions. So it begins to spoils the economic system, start to breed corruption. And the
corruption breeds more corruption, crime begets crime.
Cyber Technology Also Can Prevent Most Economic Crimes
The world today speeding fast into the cyber space economic age. Cell phones have become the integral part of peoples every day's life. However the
nations money transaction system in majority still remains mainly in the centuries old printed paper cash currency money, which is getting more and
more inefficient day by day in the face of the sheer volume of growing economy and its crimes boosted with its cyber technology. All of it getting out
of the national governments control, many times spiraling into deep economic crisis’s. Poverty, Unemployment and the INFLATION. The public demands
the government to control it, blames it for the failure and elects a new government. The new government comes with the promise to control it but no
governments able to do it. Fortunately however now the same cyber technology that gives the worlds Governments the nightmare of growing economic crimes
at the same time can also offer a great cyber technological solution to prevent most of it that I explain in the following.
Establishing A MANDATORY Electronic Money Transaction (MEMT) System:
The emerging electronic or the credit card money transaction if pursued deeply and by legislation made mandatory in all money payments and receipts
above a given sum, could provide the most effective technological device and the great historical opportunity for the Government to eradicate most
of the unlawful or “illicit” money transactions or the corruption.
Under this Mandatory Electronic Money Transaction (MEMT) economic system all commerce trade, business, buying and selling, in the super markets, shops
trading goods or any commodities (except in very small trade dealing in small amounts in smallest denominations, in coins) should be made only through
the medium of the electronic money. Similarly all wages, salaries, services, incomes, profit, earnings, bills, receipts/payments, deposits made in the
same e-money form.
In fact establishing a MEMT based economic system not only possible but also it is INEVITABLE! Its fundamental technologies already in place. Experts
predict “Cashless Future” (see its web link in the Recommended reading at the end). In the coming years more and more people begin to conduct their
everyday money receipts and payments in electronic transaction. Most importantly the ubiquitous cell phones going to play a major role in this matter.
Equipped with a electronic money transaction feature called “Near Field Communication” (NFC), they are entering the market in a big way. These cell phones
conduct every day money transactions through its secure biometric password crucial in preventing the accounts identity fraud. This in turn will bring in
a basic TRANSPARENCY in all its money transactions. Indeed a biometric password or the “identity” is the essential “PREREQUISITE” for the establishment
of a MEMT economic system, which I come to explain in the next section.
A Biometric Identity (BID) For Securing All Bank Financial Accounts
The MEMT economic system most importantly requires all people in a nation should have a single universal Social SURETY Number (USSN) based on their
Biometric Identity (BID) mainly for securing or ensuring all their bank financial accounts. Of course, a person may have a number of accounts in several
banks at any places in the nation but they all should basically identified with their single undeniable BID along with their name address and signature
in the central USSN office. First and foremost, it should have the basic authority to access the nations each individuals existing bank financial accounts
when needed (ordered) for the legal investigation of economic crimes. Together with that authority, it should also have the prime responsibility providing
the basic social security, employment or the minimum income guaranty, health insurance, educational aid for every one specially for the weaker sections
of the society. Importantly as well, all the tax eligible people, businesses in the nation should submit their total annual income, including the property
accounts (like filing income tax return forms) and pay all their taxes under its jurisdiction. Be it the nations top leaders, presidents, prime ministers,
corporate tycoons, CEO’s, down to the common man. All should come under this network of the USSN office jurisdiction system.
This BID security over the financial accounts also needs to be applied to all fields of valuable commodity transaction, exchange or the handover including
exchange of gift, donations, helps (commodities above a given value) property ownership transfer etc. No barter trade of property, precious metals,
valuable artifacts should be allowed. All valuable items a person, organizations, institutions owning registered as property with its records under the
USSN’s income tax office.
Such a mandatory electronic money transaction economic system operating under the USSN network that keeps accounts of almost every money transaction would
make all individuals and the businesses financial accounts completely open or transparent before the legal or the public scrutiny. It would basically
dissuade or deter people from engaging in any of the economic crimes or corruptions because that essentially leaves the electronic money trail as clear
evidence that could be impossible for any one to get rid off.
Some Main Economic Crimes It Could Prevent:
Tax fraud and the bribery are the two major economic crimes that this MEMT can undoubtedly prevent. Apart from it, the counterfeit money, money-laundering,
ransom money, the cash money robbery/theft/ stealing, etc., will become a thing of the fast in a fully pledged MEMT system where there is absolutely no
printed paper Cash currency money to carry it out in the first place! Black marketing, illegal hording, all kinds of smuggling, trafficking, illegal drugs,
weapons, mafia, ‘Terrorist Finance’ etc., accounts will get mostly exposed with pin-accuracy under the BID based MEMT economic system (explained above)
so those culprits days will be numbered.
Credit card fraud/fake/theft, or the fear of getting it lost and its misuse mostly will disappear. With its BIDN/MEMT network system in place it would be
highly difficult for the fraudsters to buy things online with complete anonymity or to commit any of the credit card crimes and to get away with it. After
all in such electronic money network system all proceeding money transactions can be immediately traced back to its preceding accounts and all the other
accounts that transacted with it would reveal its all round true connections.
Corporate business scams, misappropriation of public funds, developmental project money embezzlement, poverty scheme money swindling, buying of the
bureaucracy, police, judiciary, politician for money, none can escape from this constantly vigilant digital money surveillance or scanning technology. On
the other hand it could also prevent those malicious, false accusations, allegations of economic crime, corruptions.
It is not possible for me to list out all those economic crimes that it can prevent, in this document. Nevertheless I should finally mention a most
important point briefly in this regard. The root-cause of most of the property crimes, murders, sex crimes, social injustices, environmental degradation,
violent retaliations many (if not most) times, motivated by or against the surreptitious or the shrouded money transactions that the traditional cash
money transaction economic system allows. Replacing it with this new and transparent MEMT economic system can greatly prevent it. Besides all of which,
as a bonus, it can also provide the government with an entirely new kind of financial control device to check inflation, stock market crash etc economic
crisis's. Not to mention, many (if not most) times the main cause of it lies in the corrupt or unscrupulous trading practices.
Poverty Eradication Achievable Within Few Years:
Poverty eradication would become a definitely possible and achievable goal under this MEMT system within a few years. First of all as I mentioned it
before, the prime responsibility of the USSN is to provide the basic social security, employment, the minimum income guaranty, basic food, shelter,
education health for all people and the government will have enough money needed to do it. Just imagine the amount of money when almost all tax revenues
gets collected by the prevention of all the tax evasion or the fraud alone! It could provide more than enough money for poverty eradication programs. At
the same time the USSN system with it biometric ID, would mostly prevent the unscrupulous people from swindling the welfare aid money in the name of poor.
Moreover when the basic ground of all those economic crimes gets removed, most of the money that used to drain into that corruption channel, now
redirected into the legal economy and into the social developmental programs.
Legitimate Businesses Nothing To Fear:
People who conduct honest, responsible business practices have nothing to fear from this MEMT economic system. In fact, it can very much fulfill the
vision of the UN Human Rights Principles particularly the UN Global Compact tenth Principle, which specifically sates: “ Businesses should work against
corruption in all its forms, including extortion and bribery”. Responsible businesses would rather greatly benefit from it, because it would create a
very conducive atmosphere to practice a corruption free, progressive economy in the absent of the corrupt, criminal business practices (tax fraud,
bribe, extortion, etc.) as the latter are the worst enemies of the honest businesses. Most important of all is that there will be no restrictions or
limits imposed on people in their legitimate money earnings; profit making or owning money or property of any huge amounts. One can be a billionaire or
a trillioniar, provided all their businesses money transaction remain transparent under, the MEMT and that information remains open to the democratic
public, USSN's legal scrutiny. In fact the Government should encourage businesses, small and big, by providing them with more opportunities, removing
many of those trade barriers, hurdles and most importantly by lowering the taxes.
Only Unscrupulous People Will Get Terrified:
It is only the unscrupulous people who engage in the economic crimes, corruptions, illicit business, will get terrified of it because this MEMT leaves
behind the concrete records of the electronic money trail as clear as day the light so they can no longer cover-up its tracks and conceal their crimes,
so will be caught with its clear evident get duly prosecuted and sent to prison.
Both Are Complimentary For Each Others Success:
Of course this MEMT economic system perhaps would be very difficult to introduce in its infant or initial stages. It also depends up on place-to-place
and countries to countries. It will depend on their social economic and the political system and its development. Nevertheless it is far simpler and
easier to implement effectively instead of those tens of thousands and legally cumbersome anti-corruption laws! The fundamental difference between the
two is that the MEMT is a single wholesome technological solution based on almost fail-safe advanced technology while the latter are hundreds of years
old antiquated legal solutions so much fraught with numerous human error and complications. Surprisingly however now they both seems complimentary
for each success in the future.
Two Main IT Anti-Corruption Monetary Measures
Let me begin this once again with the abstract of this entire “IT To Root-Out Corruption” main text first. Most of the economic crimes, corruptions
occurs mainly due to the surreptitious, illicit or the hidden money transactions that escape from the public, legal scrutiny. Now the good news is
that the Information Technology (IT) today with its innovative digital or the “electronic money transaction” if made mandatory with biometric identity
in all bank accounts can enable the Governments to root-out most economic crimes, known as corruption. It all basically stands upon two main
“IT Anti-Corruption Monetary Measures”, which I present in the following:
1).Introduce Mandatory Biometric Identity (MBID) in All Bank Accounts The first and foremost important IT Anti-Corruption Monetary Measure that I call
upon is to introduce a compulsory or Mandatory Biometric Identity (MBID) along with the name address and signature in all bank accounts. Thereupon it
should be extended into the ownership of valuable properties or assets.
The most important principle of having a MBID for securing or obtaining the bank accounts is first of all to prevent the fake or bogus identity fraud
in it. With the MBID one can immediately identify and find out every bank, financial accounts of a (any) person accused of committing an economic crime (be
it a tax evasion, bribery, embezzlement and the whole range of it including terrorist financing). Searching it out with a pin-point (BID) accuracy among
those banks, properties billions or trillions of records. It is impossible to anyone to fake their Biometric Identity. So the MBID in all bank accounts
is the most important perquisite to root-out corruption.
2). Promote Mandatory Electronic Money Transaction (MEMT) Against Cash Currency: Make it mandatory or obligatory on all people to conduct their every
money receipt/payment above a given amount in the form of electronic money transaction through their bank to the others bank account, replacing the
old traditional cash paper currency. Most importantly in case they make the cash currency deposits or withdrawals above the given amount then it
should undergo enquiry about its detailed accounts and bills. Also the payments for things, services, materials pertaining to important security
matters (cell phones, credit cards, recharge, rentals, travels, weapons, explosives etc.) should be only conducted through the e-money or the credit
card even its amount remains below the given mandatory money transaction sum. In this MEMT setup, the money payment in bank cheques (Check) to
others accounts by all means remains perfectly legitimate.
To make the MEMT more effective as an extension, the Governments needs to phase-out or gradually withdraw the higher denomination currencies from
the public. The higher denominations currencies have been conveniently used or grossly misused or end up in committing most and major economic crimes.
Besides the absent of it would greatly promote the MEMT due to its various contributing factors including the enquiry placed on the cash currency
deposit and withdrawals and the MEMT in the security matters. Most importantly however the banks should continue to have those higher denomination
currencies even of very high values; a hundred thousand, million even a billion (Dollar, Euro etc) denomination currency bills. However they should be
restricted mainly to exchange only between the banks, financial or the monetary institutions.
Make Biometric Identity Compulsory In All Bank Accounts
Among the two “IT Anti-Corruption Monetary Measures” above all my first and foremost important pressing appeal to all anticorruption concerns, specially
to the national Governments, is to to brining in a policy of Compulsory or Mandatory Biometric Identity (MBID) in all bank accounts along with the
name address and signature. Most importantly all the ownership registration records of valuable property, assets money transactions transfers, payments,
receipts should be made only through the MBID enabled bank to the bank accounts. (In fact, I am told such bank to bank payment guideline regulations,
laws exist even today except the biometric identity in all bank accounts so the laws remains mostly ineffective in its anti-corruption purpose.) Already,
the Government for security reasons makes people to register themselves with their biometric identity for obtaining, passports, voter’s identity,
driver’s licenses etc, mainly to prevent the identity fraud, and other crimes. -- The MBID has already entered into the financial system in the online
money transaction through the cell phone market in quite a big way for secure payment by a technology called Near Field Communication (NFC). In fact
now a days a fully developed biometric identity (finger print, face iris recognition including the photo) considered to be a very important requirement
to get this credit card account to prevent the identity theft and the bank account money fraud. Now extending it in all
the bank accounts won't be that difficult, actually it seems to be a long overdue in view of the security needs involved.
Of course it won't be as effective without the Mandatory Electronic Money Transaction (MEMT) i.e. making all money transactions (payments receipts) above
a given amount only through bank to bank, which is the second IT Anti-Corruption Monetary Measure. Nevertheless this MBID is its perquisite and above
all is far more practical, PRAGMATIC, easier to implement compared to the other anti-corruption monetary measures. It can significantly deter the
economic crimes so reduce the corruption and necessarily lead into the future fully pledged MBID/MEMT system in which most of the crimes including
the terrorism that as we see it today can be eliminated. Some of it explained in the following section.
Anti-Terrorism: MBID/MEMT To Track Down Terrorist
Besides combating corruption, a fully pledged MBID/MEMT can also work as powerful Anti-terrorism machinery, which can tremendously help the government
security agencies to track down the criminals specially the terrorist. When a terrorism investigation ordered, this system can concretely (electronically)
trace back every day PHYSICAL movement, location, phone call, contact of the suspect based on his/her every day buying and the money payment for things,
services, material that he /she had made, which includes any such things that the suspects left behind the crime scene. This MBID/MENT network leaves
behind an unmistakable physical evidence electronic trail on whatever things it touches, which is impossible to get rid off.
By the way, the MBID/MEMT system works quite differently or more fully in combating terrorism than in combating corruption. In the former the entire money
transaction (or the absence of it) in the suspect bank account can show the concrete evidence to prove or disprove the involvement in the given crime but
in the latter it is only the illicit money transaction that can prove or disprove the corruption.
Political Will To Get It Done
It would not intrude in the peoples private or personal life compared with the other electronic devices that are being used in social security for ex; the
CC camera's. It would be more like people having a most important cell-phone ID number. There are already more stringent legislations in place that rules,
laws that the citizens made to obey as they are legally obliged to submit all their property, money transactions, true accounts before the public or the
legal authorities and not to engage in the economic crimes. Today there exist this innovative electronic credit card digital or E-money transaction
technology to make it happen. It is now for all the people to see to it that this innovative IT develops to its fullest productive potential that includes
its deployment in the prevention of almost all economic crimes, corruptions. What is really needed is the political will to get it done.
Future of Potential Growth
Along with the Government its concerned legislatures, departments also the private sector mainly the financial
institutions, banks, credit card companies combined with the E-commerce/business, online companies, IT biometric sector,
have to take the pivotal role in the construction of the building blocks of this system. They will have the enormous
potential for growth and a great social responsibility as well to encourage people to participate more and more into
this MENT economic system of the future.
A SOCIALIST Revolution Without the Abolition of PRIVATE PROPERTY:
Abolition of cash (paper) currency money and making all money transaction in electronic would bring in a more “just”
economic system. A new kind of Democratic Republic Socialist Revolution without the abolition of 'private ownership
of means of production' or the "Private Property". A blend of benevolent capitalism and socialism.
