Anti-corruption Symposium

Anti-Corruption Symposium – 9th December 2009

Key note address

                                 - Ag. Chief Justice D. Karunakaran

His Excellency the Vice-President of the Republic Mr. Joseph Belmont,   Honorable Minister Mr. Danny Faure, Honorable Speaker of the National Assembly Dr. Patrick Herminie, Respected Commonwealth Advisor Dr. Roger Koranteng, Distinguished Guests, Ladies and Gentlemen,  

            It is a matter of great pleasure for me to be here this morning to deliver the keynote address at this Symposium on Anti-Corruption, an event the first of its kind held in Seychelles on this World Anti-Corruption Day. Thanks and congratulations to the organizers for this historical initiative of making a transformational move to the frontline in the fight against corruption. Indeed, this initiative by the Public Officers Ethics Commission not only reflects the national resolve and commitment to combat corruption at all levels but also awakens and prepares all stakeholders to rise to the occasion so as to meet the challenges we all face in the noble fight. Indeed, it is the social, moral and ethical responsibility of every citizen to uphold all the noble ideals and values enshrined in the Constitution of Seychelles through observing the Code of Conduct and Ethics in the performance of their respective duties, with the highest degree of honesty, integrity, impartiality, sincerity, transparency and to the best of their ability and efficiency. Since this Symposium gives us a chance to share our thoughts on all these issues, I find that this is time well spent. I also hope this event would lead us do a bit of opinion research among the participants on the two main areas, which are essentially the objectives of this conference namely, Formulation of a National Anti-Corruption Strategy and Capacity Building for various agencies involved in the process, so as to enhance their collaboration, coordination and their relative effectiveness in the fight against corruption.

          I am happy to take part in this event, where there are many informed Seychellois, who dare to dream of a New Seychelles free from crime and corruption. A New Seychelles, wherein economic prosperity, justice, unity, peace, and stability prevail for posterity through ethical governance. Let us visualize for a minute, the new Seychelles we dream of, is built on ethical values and principles. We lead the highest standard of life in the world. We are the beacon of courage, honesty and integrity. We lead the world in many areas. We command respect across the world. Imagine, people from all nations take our Nation as a role model and want to come, invest and live in Seychelles. Is this all possible? Can we achieve this utopian dream?  

            Yes, we can; we can achieve all of this and more. To do that what we essentially need is “Social Capital”. This capital is not measured in terms of or by the quantity of wealth, GNP or GDP we create, possess or lose, but by the quality of our conduct, civility and degree of ethics we nurture, possess, observe and apply in our day to day life in private and public. What is “Social Capital” that we so dearly need? I will begin by citing a practical example from a book I read recently.

Once I was on a visit to Singapore; I gave a taxi driver a business card to get me to a particular address. Since he did not know the building, he circled around that area and finally brought me to my destination on the correct address. The meter read $12. I gave him $12, but he took only $10. l asked him, “Why are you taking only $10 when your meter reads $12?” He answered, “Sir, I am a taxi driver. I am supposed to take you straight to your destination. Since I did not know the exact location of the building, I had to circle around the whole block of buildings twice. Had I brought you here straight, it would have cost you only $10. Why should you pay for my mistake? Legally, I can claim $12, but my ethics tells me that I am entitled to only $10. He said “a person, who drives a taxi in Singapore, is not called a taxi driver. They are called the Diplomats of Singapore without a diplomatic passport. Every citizen is an ambassador of his Nation. This conversation made me to think all about “Social Capital”. This intangible-asset the citizens possess in them is the secret behind the success story of Singapore. In a corruption-free society, national value and pride is thus reflected in every ethical action, decision and behavior of a citizen in their private and public life. This is what I collectively called “Social Capital”.

This Capital of intangible National-asset can be created only through “values”, the citizens espouse, as I see it, this can broadly be classified into two groups: positive values and negative values. Positive values are those directed upward to ethics whereas Negative values are those directed downward to corruption. In other words, corruption is the culmination of negative values whereas “Social Capital” is the accumulation of positive values that the citizens collectively posses in a society. Since corruption progressively depletes “Social Capital” an anti-corruption strategy is essential for a sustainable and equitable nation-building and for an all-round political, social and economic development. Indeed, corruption diverts resources from the poor to the rich. Corruption discourages foreign investments. In fact, foreign investments do not come in freely as a charitable gesture of the rich to the poor. In a globalised liberal economy, the capital flow from one country to another is governed by law of attraction. They are attracted by the magnet of “Social Capital” that a country has accumulated and reserved as its National asset-basis built on “positive values” or “ethics”. These values are what we, as a nation, as a people ought to incorporate and inculcate individually and collectively into our ethos, thoughts, speech and actions.

First of all, it is important to define, ascertain, identify and detect the nature, extent and location of corruption, as by human design it is very obscure, subtle, secretive, and operates from darkness.  What is corruption? Corruption is a very elusive term to be defined; most of the time it goes undetected, but at times misidentified. In modern times, it is increasingly mutating and interestingly like AH1N1 taking different strains, forms and names. We need to be discerning to separate the chaff from the wheat and the false from the real. The exact lexical definitions of the term “Corruption” as given in the Oxford English Dictionary means:

(i)         “Being changed from the naturally sound condition  by decomposition or putrefaction”

(ii)      “adulterated: soiled by base additions”

(iii)            “debased in character, infected with evil”

(iv)            “perverted from uprightness and fidelity in the discharge of duty”

(v)  “the destruction or perversion of the integrity or fidelity of a person in the course of his duty”

Be that as it may, definitions of the term “corruption” may lack necessary precision and vary from one context to another. However, there is a common thread to be seen, passing through all those definitions. That is, the connotation of rottenness. One rotten apple is enough to spoil the whole barrel. Sometimes an entire group is corrupted, like a barrel of fruits, by the presence of one bad person. It's an observed truth that one bad public officer, a judge or a lawyer can eventually corrupt a whole institution, ministry or department, beginning with the reluctance of other officers to correct him or rat him out. In a political body or in any branch of government, it often works when one sleazy individual uses shady or questionable means or dealings to gain an advantage. At times, we find that the words used elsewhere, may disguise the true nature of corrupt activity. For instance, in la francophonie the terms “une petite politesse” or “une cadeau” (a small gift or a token of respect) are used, but both clearly euphemisms for what could otherwise be a bribe or corrupt conduct. Having said that, I would adopt the view that corruption is that form of behaviour “which departs from ethics, morality, tradition, law and civic values. It is that behaviour of persons and their actions that is immoral or dishonest especially portrayed through the offering and taking of bribes in cash or in kind.”

However, corruption did not start in our times. The Bible and other ancient holy scriptures are replete with references to corruption of mankind from time immemorial.

       For instance, when Moses was advised to set the Law of justice and Mercy for his people God spoke thus: “Do not accept a bribe, for a bribe blinds those who see and twists the words of the righteous” (Exodus Ch. 23, v. 8). In fact, when Judas Iscariot who had promised to give up Jesus went to the chief priests, he specifically asked them ‘how much will you give me if I hand him over to you?’ So they counted out and gave him thirty silver coins. With that bribe, he betrayed Jesus (Matt. Ch. 26, v. 14-16). Alas!  Negative value of mere thirty silver coins could eclipse the sun and darken the light in known human history! 

        On the other hand, when Satan came to visit Jesus for a temptation, Jesus, the embodiment of ethics declined to accept the bribe offered to him, of the highest value that one can’t even think of. It reads thus: "Again, the devil took Jesus up into an exceeding high mountain, and showed Him all the kingdoms of the world, and the glory of them; And said unto Him, "All these thing will I give you, if you will fall down and worship me" (Matt. 4:8,9). How many corruptive men would jump at the chance to become Lord over all the kingdoms of the earth? 

        References to corruption may also be found in the Holy Koran (Al Baqarah: verse 188) Prophet Mohamed (peace be upon him) says the following: ‘And eat up not one another’s property unjustly, nor give bribery to the judges before presenting your cases that you may knowingly eat up a part of the property of others sinfully’”  

Notwithstanding its universal nature, pervading characteristics or ancient background, given the cancerous and catastrophic nature of corruption in modern societies, the World Bank is repeatedly emphasizing the importance of combating corruption, which is on the increase in terms of its impact on individual, national, regional and international level. In country after country, people are demanding action on this issue. Indeed, mechanisms for safeguarding Ethical and Good Governance and Accountability are fast moving towards the focal point of international human rights’ agenda and so now occupy the centre-stage of national goals of all modern democratic states.

A number of countries have already ratified the United Nations Convention Against Corruption (UNCAC) and Seychelles is also one among the first 28 countries in Africa, which have ratified the UNCAC in order:

(i) to promote and strengthen measures to prevent and combat corruption more efficiently and effectively;

(ii) to promote, facilitate and support international co-operation and technical assistance in the prevention of and fight against corruption, including asset recovery; and

(iii) to promote integrity, accountability and proper management of public affairs and public property.

The scourge of corruption is found in two overlapping forms: (i) as individual corruption and (ii) as systemic corruption.

By individual corruption I mean, the use by a public officer of his official position for his own material gain. By systemic corruption I mean, corruption within the system and its structures. When corruption becomes an integrated and essential aspect of the economic, social and political system, then it is perceived as systemic corruption. It is not a special category of corrupt practice, but rather a situation in which the major institutions and processes of the state are routinely dominated and used by corrupt individuals and groups. Be that as it may.

Now, what does Seychelles have to do to ensure that it continues to be successful in preventing, detecting and combating corruption and do it more efficiently and effectively?

           Psychologists say that our short-term memory can only hold seven items at a time. Let me outline only seven factors, which collectively play a decisive role in the fight against corruption, like players do in a Football game. I would call this “team of seven” as “PLAYERS”, if I may use this acronym, which represents thus:

(1)                                  P stands for Political-Will: This is in fact, the critical starting point for sustainable and effective anti-corruption policies, strategies and programmes. It is the leader of the team and the driving-force behind the team-spirit that really propels the ball to reach the goal.

(2)                                L stands for Legal framework:  This framework is to be in place to ensure a successful implementation of anti-corruption policy and strategy. It is the “field of play” without which no engagement or game. It should be comprehensive and provide for defined goal area, penalty area, flag posts and goals. The field ought to be revamped, or remolded, revised  and resurfaced from time to time in order to meet the changing and challenging social conditions and necessities of the time.

(3)                                 A stands for All to act: The success in the fight against corruption much depends upon the synergized action or coordinated teamwork of all the key players in the field. "No one of us is as strong as ALL of us!” This is the secret of all secrets that leads to success in achieving the goal.

(4)                                Y stands for Yellow Card: We can win the game only when all players start the game with the end in mind; and play their differing roles with a shared vision, values and coordination to achieve the common goal. Strict corrective measures ought to be taken by raising yellow cards to those foul players in the process. That is the rule of engagement which helps fine-tune the team. The players must be readjusted and repositioned in the field very precisely so as to move the ball always forward towards the common goal.   

(5)                                    E stands for Empowerment: it is important that all agencies involved in the fight are empowered with necessary means, ability, financial and personnel resources, legal authority required for an effective implementation of the strategic vision, policies, practices and the anticorruption laws. This is the strength and stamina each player needs for the best performance of their respective roles and to accomplish the goal.

(6)                                R stands for Rethink: Attaining Success is an act, whereas sustaining success is a constant and never ending process. Hence, the strategy for success cannot remain static, whilst corruption constantly mutates its forms, names and modus operandi with the advancement of time and technological development. One has to constantly rethink, reinvent the strategies and modernize and tools in the arsenal. Rethink: Is it desirable to have a dedicated and independent anti-corruption body in place to act as a referee and raise the yellow card and to take forward the policies and monitor the coordination and collaboration of different players in the process? Rethink:  Should there be an independent investigation agency or a special body with power to detect, investigate and prosecute the perpetrators, the bribees and the bribers? Do the players need a coach? All these and more one has to rethink!

(7)                                    S stands for Social Capital. Last but not least in the team is the “Social Capital” This is the only player, that applies Six Sigma and deals with the root cause of the problem and eliminates it, rather than treating the symptoms of the decease. It defines and measures the problem; analyzes cause-and-effect relationships and provides the best solution nibbling in the bud in that, it prevents problems from recurring at all. This capital as I stated before, is built on “social values” that eventually determines the sustainability of success in the fight against corruption.       

          Ladies and Gentlemen, in the time available, I hope, I have spoken enough to provide you some fuel for the discussions to follow or to say the least, some food for thought. I will now leave the “team of seven” in the hands of the delegates for an in-depth analysis on the nature and extent of the role each player has been coached to play.  It is my sincere wish that you will gain some further perspectives on the role of each player amongst others, in the fight against corruption and that you will also deliberate on specific actionable ways to further it in this country.

I wish all speakers, facilitators, delegates and participants a constructive and fulfilling day ahead. Wish you best of luck! Thank you very much for your kind indulgence. Thanks to one and all.