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

Similar documents
CONTENTS. Acknowledgements List of Abbreviations List of Cases CHAPTER I : INTRODUCTION 1-16

NORTHERN IRELAND SOCIAL CARE COUNCIL

Not included. Clause 17(1)(a): Lok Pal can inquire into complaints against the Prime Minister once he demits. Inclusion of the Prime Minister

The water services crisis is essentially a crisis of governance

CENTRAL VIGILANCE COMMISSION

Case Study 1 - Bangalore, India: Participatory Approaches in Budgeting and Public Expenditure Management

NORTHERN IRELAND PRACTICE AND EDUCATION COUNCIL FOR NURSING AND MIDWIFERY

LOK SATTA LOK SATTA. People Power. Civil Society and Governance 7 th May, JANAAGRAHA, Bangalore

Director of Customer Care & Performance. 26 April The Board is asked to consider and approve the attached draft

Global Anti-Corruption Policy. I. Purpose. III. We Prohibit Bribery in All Its Forms

[company name] Anti-Bribery & Anti-Corruption Policy

VISIONIAS

Now in our 25th Year. Trusted Experts on Political Compliance Laws & Required Reporting YEARS.

SCOTTISH JUNIOR FOOTBALL ASSOCIATION ANTI-CORRUPTION AND BRIBERY POLICY

Anticorruption in the water sector

Anti-Bribery Policy. Perform Green. Perform Green Limited. Registered organisation number:

Anti-Corruption Mechanisms to Enhance Transparency, Integrity and Accountability in Public Administration

Governance and Anti-Corruption Diagnostic Study: Methodology and Findings

REF: Legal & Resources Recommended Policy. APPROVAL BODY: DATE: July 2016 REVIEW DATE: July 2019

8 th Regional Seminar: Good Practices in Corruption Prevention

Lecture notes on corruption. Rajeev Dehejia

General Rapporteur s Report

Anti-bribery Policy. Approving Body: Council. Date of Approval: 26 November Policy owner: Director of Finance and Corporate Services

Legislative Brief The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011

AMAN strategy (strategy 2020)

Truform Manufacturing LLC. Anti-Bribery, Anti-Corruption & Rev /22/17

ANTI-BRIBERY POLICY 1 POLICY STATEMENT

Policy/Procedure WORKING WITH INTEGRITY

Report on the 2011 ACT- Against Corruption Today Campaign

Anti-Corruption & Bribery Policy (including gifts and hospitality)

Anti-corruption and bribery policy.

Chapter 6 Findings 97

POLICY: ANTI-CORRUPTION & ANTI-BRIBERY. Objective. Scope & Applicability. Definitions / Abbreviations. Content. What is bribery?

Bartington Instruments Ltd. Anti-Bribery Manual. The copyright of this document is the property of Bartington Instruments Ltd.

Anti Bribery Policy. 1.2 We will uphold all laws relevant to countering bribery and corruption, including the Bribery Act 2010.

Module 6: Alcoholism, Drug Abuse and Corruption

I. STATEMENT OF COMMITMENT AGAINST CORRUPTION, BRIBERY & EXTORTION

KEYNOTE SPEECHES Keynote speeches.p /16/01, 10:33 AM

Zen Internet ANTI-CORRUPTION AND BRIBERY POLICY. Zen Legal Department. Issue: v.2.final. Date: Wednesday, 05 August 2015

CORPORATE COMPLAINT HANDLING OPERATING GUIDELINE (INCLUDING SECTION 270 INTERNAL REVIEW OF COUNCIL DECISIONS OR GRIEVANCES)

Soldiers of Fortunes: The Role of Lawyers in the Fight Against Corruption in Africa

INTERNATIONAL TRADE ALERT

GAC Anti-Corruption and Bribery Policy. November 2015

Simply Media TV Limited: Anti-corruption and bribery policy. DATED JUNE 2013 ANTI-CORRUPTION AND BRIBERY POLICY

Conference of the States Parties to the United Nations Convention against Corruption

The 2017 TRACE Matrix Bribery Risk Matrix

St Michael s Prep School Anti-bribery and corruption policy

Access to remedy for business-related human rights abuses

ANTI-CORRUPTION & BRIBERY

Brookfield Renewable Partners L.P. ANTI-BRIBERY AND ANTI-CORRUPTION POLICY

FORENSIC. Doing business under the UK Bribery Act. Survey kpmg.com/in

AIDENVIRONMENT ANTI-CORRUPTION AND BRIBERY POLICY

ANNUAL IMPLEMENTATION PLAN 2017 TRANSPARENCY INTERNATIONAL SECRETARIAT

Anti-Bribery Policy. Anti-Bribery Policy

LOBBYING AT EVERY LEVEL: NP GRASSROOTS, STAKEHOLDERS, REASONED PARTNERS AND LEGISLATORS. Angela Golden, DNP, FNP-C, FAANP

Implementing the UN Convention against Corruption: Challenges and Perspectives from Asian Countries

ANTI-CORRUPTION AND BRIBERY POLICY

SET- 4 POLITY & GOVERNANCE

Anti-Corruption Policy

Introduction to NGO. (Compiled by Kishor Mistry, MD, PhD)

Anti-Corruption and Bribery Policy

Katha Mathur Research Scholar, Manipal University, Jaipur, Dehmi Kalam, Rajasthan.

CERTIFICATE COURSE ON PUBLIC ACCOUNTABILITY January-June 2013

Applying International Election Standards. A Field Guide for Election Monitoring Groups

National Consumer Helpline

ANTI BRIBERY POLICY. The University s commitment to honest and ethical trading

Fact and Fiction: Governments Efforts to Combat Corruption

H.E. Mr Ban Ki-moon Secretary-General United Nations 760 United Nations Plaza New York, New York 10017

Whistle Blower Policy

The evolution of the EU anticorruption

Learning Survey. April Building a New Generation of Active Citizens and Responsible Leaders Around the World

Malaria Consortium Anti-Bribery Policy

GAC Anti-Corruption & Bribery Policy. January 2018

Global Government Relations Policy. Updated 3 August 2018

ANTI-BRIBERY POLICY AND PROCEDURES

The burden of Anti-corruption Policy: the case of Colombia

ANTI-CORRUPTION AND BRIBERY POLICY - INCLUDING CODE OF PRACTICE ON BUSINESS GIFTS AND HOSPITALITY

Regional Anti-Corruption Action Plan for Armenia, Azerbaijan, Georgia, the Kyrgyz Republic, the Russian Federation, Tajikistan and Ukraine.

Executive summary. Transparency International

This Policy sets out Sewtec s position on any form of bribery and corruption and provides guidelines aimed at:

Office of the Public Advocate

Lobbying and Bribery

THE CONSTITUTION OF KENYA, 2010 (AMENDMENT) BILL, 2015

GUIDING QUESTIONS. Introduction

PUBLIC ADMINISTRATION (PUAD)

Anti-Corruption and Bribery Policy

Premise. The social mission and objectives

Little Rascals Pre-school Anti-Bribery Policy

CHALMERS SUSPENSIONS INTERNATIONAL INC Northam Drive Mississauga, Ontario, Canada L4V 1J1 ANTI-BRIBERY AND ANTI-CORRUPTION POLICY

Disciplinary Policy of Indian Institute of Insolvency Professionals of ICAI

POSITION PAPER. Corruption and the Eastern Partnership

Anti-Bribery and Corruption Policy

ANTI-CORRUPTION POLICY. Adopted on June 12, 2012 by the boards of directors

Global Immigration Network

Anti- Bribery Policy. Date of Approval: 4 th February 2014 Date for Next Scheduled Review: February 2017 Review Body:

The LTE Group. Anti-Bribery Policy Produced by. The LTE Group. LTEG anti-bribery policy v4 06/2016

Office of the Commissioner of Lobbying Ottawa, Ontario September 24, The Lobbyists Code of Conduct A Consultation Paper

BLUEPRINT FOR FREE SPEECH

Anti-Corruption Guidance For Bar Associations

Table 1: Ultra vires, Repugnant, Deficient and Redundant Provisions made under Orissa RTI Rules vis-à-vis RTI Act 2005.

Transcription:

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

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

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

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

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

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.

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?

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?

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)

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

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

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

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

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

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

The story so far Launched on 15 Aug 2010, 949318 hits, 16648 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

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

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.

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

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)

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

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.

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

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.

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.

Thanks. Any questions?