Role of citizens in enforcement of laws and regulations against bribery in India

Transcription

1 Video-conference from Bangalore,3-April 2012 Role of citizens in enforcement of laws and regulations against bribery in India What is most common to the greatest number has least care bestowed upon it Aristotle T.R. Raghunandan Ipaidabribe.com

2 7 invalid excuses for accepting & condoning corruption Excuse 1: corruption is everywhere, Excuse 2: corruption always existed, Excuse 3: concept is vague and culturally determined, Excuse 4: cleansing will require whole change in attitudes & values, Excuse 5: corruption is not harmful; it is the grease that moves the economic engine, Excuse 6: Nothing can be done if the top is corrupt and corruption is systematic, Excuse 7: Don t worry, with free markets, it will eventually go away

3 Corruption: The Robert Klitgaard formula C=M+D-A Corruption equals Monopoly + Discretion Accountability

4 So there is hope, because.. Corruption is a crime of calculation, not of passion Large numbers drift into corruption if risks are low, penalties are mild and rewards great; they will move out if the system is tightened. Broad solution is to make the calculation risky Consider the solutions through the new lens of economics and not through the accustomed lenses of morality and ethics Learn from successful experiments

5 But some sobering thoughts.. Economic liberalisation & political competition might reduce corruption in long run because both tend to limit arbitrary exercise of monopoly power In short term, these might increase corruption by creating more opportunities while rules are rapidly changing, leading to free-for-all climate with little enforcement Corruption is costly to monitor and costly to punish

6 Current peoples mass movements and initiatives to reduce corruption Lokpal bill Strengthening the anti corruption laws Social audit movements, along with Right to Information Act Ipaidabribe.com s approach of crowdsourcing citizens reports.

7 The Lokpal bill From a systemic point of view, it is part of the A in Klitgaard s formula (C=M+D-A) Issues: Who? How Many? Jurisdiction? Powers? Relationship with other enforcement agencies?

8 Major bones of contention: Jurisdiction: Prime Minister? Judiciary? MPs in Parliament? Lower bureaucracy? Single law for Centre and States? Powers: Suo moto powers? Relationship with other agencies: With CBI and CVC?

9 Strengthening the Prevention of Corruption Act PCA only recognises the following as corruption: Bribery of National Public Officials Embezzlement, Misappropriation and other diversion of property by a Public Official Needs to comply with the enlarged definition of Corruption, contained in the UN Convention of Corruption 2005 (recently ratified)

10 What India does NOT consider as corruption yet; need to enlarge the definition under PCA. Bribery of Foreign Public Officials and Officials of Public International Organisations Trading in Influence Abuse of functions Illicit enrichment Bribery in the private sector Embezzlement of property in the private sector Concealment Obstruction of justice Liability of legal persons

11 Social audit movement and Right to Information Act. Commenced with National Rural Employment Guarantee programme. (Rs. 670 billion per year, 102 million families given 100 days of work each year) Civil society and local government cooperate to conduct social audit before people s assemblies (Gram Sabhas) RTI used to gather information in advance

12 Regular measurement System reforms High Corruption Low Corruption Whistleblower protection Swift punishment

13 Where ipaidabribe.com contributes to measuring corruption Public Expenditure Surveys Citizens Satisfaction Surveys Measuring corruption Quality of Service Delivery Surveys Crowdsourcing of Reports, the ipaidabribe.com way

14 Aims of ipaidabribe.com Crowdsourcing of stories on corruption using new media To get the market price of corruption Study corruption prone systems, recommend reforms Citizens advisory 10 commandments against corruption Celebrate honesty One stop shop for experiences on corruption

15 Citizens What Ipaidabribe.com s strategy leads to Government Analysis for systemic reform reports Instant feedback on quality of services Database of corruption experiences Redressal of individual Grievances (infrequently) Responsive action

16 The story so far Launched on 15 Aug 2010, hits, reports on: I paid a bribe, (86.1%) I didn t pay a bribe, (10.6%) I didn t have to pay a bribe. (3.3%) 1048 individual questions of citizens answered India s fastest growing and biggest repository of citizens reports on corruption

17 Why do people pay bribes? (Answering this question, leads to the appropriate solution) Need for speed Misinformation by middlemen And agents Convenience Mutual Benefit Fear, nervousness & relief Persuasion by peers and mentors Fear of justified, unjustified or excessive punishment Ignorance & Unwillingness lo learn Avoiding Business loss

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19 The story so far (contd.) Extensive coverage by national and international media, followed by imitations, offers for collaboration, Capturing interest of national and local policy makers, academia Analytical report on Transport Department, Registration department; more departments in pipeline Nuanced advocacy for anti corruption reform, campaign for India to ratify UN Convention against Corruption.

20 The story so far (contd.) Janamahiti report on corruption in RTO s offices & reports on registration, municipal khatas, commercial tax dept. in pipeline FAQs (Frequently Asked Questions) on more than 25 services National FAQ repository in pipeline 10 commandments of not bribing citizen facing advisory issued Campaign to persuade Indian government to ratify UN Convention Against Corruption

21 The story so far (contd.) Website audit for key departments; starting with Karnataka BESCOM, Registration, RTOs offices Satyameva Jayate awards: Citizens to report initiatives on how corruption can be/have been reduced. Improvement of citizens charters for govt. departments Systems re-engineering and streamlining of workflows within government departments. Advice being provided to Karnataka and Kerala governments (design of Whistleblower law)

22 What people ask us most often and what we reply Why do you insist on no names? We are interested in improving systems. We do not take any responsibility for complaining against or prosecuting anyone How are you so sure that the reports are accurate? We trust people to say the truth. There is no incentive to lie. Nobody gains or loses through anonymous reports What are your next steps? We will work with the government to reduce corruption through systems reform. Peoples suggestions will go to the government

23 New initiatives Sectoral ipaidabribe.com sites for health sector and rural employment guarantee Did you have a good experience here? posters in government offices Employees for integrity : curbing private sector corruption. Training programmes for corporates, Accreditation of corruption free ness in corporates, Lobbying for private sector corruption control through law.

24 Broad strategy for next two years Increase web presence: Language websites, SMS and Mobile, Develop more content: National FAQs, Blogs & discussions Video reports, serials Reach out to larger universe of stakeholders: Conferences, webinars, More engagement with governments, More initiation and participation in ground level campaigns

25 Some emerging activities- Tackling private sector corruption New page opened for tracking corruption in private sector Content development for mentoring pvt. sector organisations Developing protocol for measuring and POA for reducing and eliminating private sector corruption concept of bribe free company.

26 Some emerging activities- Enhancing grassroots level effect Teaming up with India Against Corruption group for Corruption Free Victoria Hospital ; Mentoring citizens groups Analysis of the contours of corruption in medical and health care Joint hands in negotiations, and change management.

27 Thanks. Any questions?