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Corruption
is a complex social, political and economic phenomenon.
The Global Programme Against Corruption targets countries
with vulnerable developing or transitional economies
by promoting anti-corruption measures in the public
sphere, private sector and in high-level financial and
political circles. The Judicial Integrity Programme
identifies means of addressing the key problem of a
corrupt judiciary.
http://www.unodc.org/unodc/corruption.html
The
reality of corruption in Nigeria is that it is a wall-to-wall
phenomenon, blanketing and smoldering every aspect of
the country's socio-economic life. But in spite of its
centrality to the nation's political life and its ubiquity
in all other social transactions, it is, perhaps by
design, consensus or ignorance a spectral presence,
lacking the necessary mass to permit a forceful and
physical engagement.
Nigerians
have been unable or unwilling to put a name to the various
strains of corruption; with the result being that for
most, corruption is a generic proposition, a large diaphanous
mass enveloping everything, but shrouded in the anonymity
of numbers.
The Anatomy Of Corruption advocacy campaign is the proactive
extension of the proposed www.antigraft.org
web site.
In
partnership with national stakeholders bringing relevant
expertise and assets, and drawn from the broad spectrum
of the polity, WANGONeT wants to launch an innovative
and wide reaching anti-corruption advocacy campaign
designed to dissect the body of corruption in Nigeria.
The campaign mechanics are:
· Deconstruct and analyze the various types of
corruption universally recognized
· Take each type heading and create a full advocacy
campaign around it
· Ensure a strong sense of "branding"
by explaining how each type of corruption is conducted
in Nigeria.
· Firmly establish the causalities and concomitant
effect of corruption to the Nigerian state
The
forensics of the Anatomy campaign is predicated on deconstructing
the amorphous mass that is corruption and naming its
organic manifestations. This is even more important
in Nigeria, with a seemingly high rate of innumeracy
- people don't understand the import of the numbers
- and even when they do, are immobilized by the scale
of the problem. There is therefore a need to humanize
corruption and situate it within a cultural context
that is far more easily absorbed and understood, with
the hope that this will catalyze action for its control
and containment. The very first step is to of course
define corruption. In this regard, the United Nations
has generated a useful guide to understanding the various
manifestations of corruption.
United
Nations Universal Definitional Guide
There
is no single, universally accepted and comprehensive
definition of corruption. Attempts
to develop such a definition invariably encounter legal,
criminological and, in many countries, political issues.
As the negotiations of the United Nations Convention
against Corruption began in early 2002, options under
consideration included not defining corruption at all,
as well as a number of proposals in which specific forms
or acts of corruption would be listed.
Proposals to require countries to criminalize corruption
consisted primarily of specific offences or groups of
offences which depended on factors such as the specific
conduct involved, whether those involved were public
officials or not, whether cross-border conduct or foreign
officials were involved, and unlawful or improper enrichment.
Specific forms of corruption are clearly defined and
understood, and are the subject of numerous legal or
academic definitions. Many of these are also criminal
offences, although in some cases governments consider
that specific forms are better dealt with using regulatory
or civil-law controls. Some of the more commonly encountered
forms of corruption include the following.
"Grand" and "Petty" corruption --
Corruption which pervades the highest levels of government,
leading to the broad erosion of confidence in good governance,
the rule of law and economic stability in the countries
concerned is generally referred to as "grand corruption".
At the other extreme, corruption can involve the exchange
of very small amounts of money or minor favours by those
seeking preferential treatment, the employment of friends
and relatives in minor positions, and the like. These
cases are referred to as "petty corruption"
cases. The most critical difference between "grand
corruption" and "petty corruption" is
that the former involves the distortion or corruption
of central functions of government such as legal, economic
or other policy-making, the development and enactment
of legislation, or judicial independence, whereas the
latter develops and exists within the context of established
governance and social frameworks.
"Active"
and "Passive" corruption -- The terms "active"
and "passive" corruption are used in two distinct
senses. Generally, in discussing transactional offences
such as bribery, "active bribery" refer, to
the party who offers or actually pays the bribe, while
"passive" bribery refers to the recipient,
This is the commonest usage, and the one which will
be employed in this Toolkit. In criminal law terminology,
however, the terms may be used to distinguish between
cases where a particular form of corrupt action was
actually carried out as distinct from attempted or incomplete
offences. In this sense, "active" corruption
would include all cases where some positive conduct,
such as the actual payment and/or acceptance of a bribe
had taken place, but not cases where a bribe was offered
but not accepted or solicited but not paid. Such distinctions
are critical in the framing and prosecution of criminal
offences, and national legal systems deal with criminal
liability for attempts and incomplete offences in different
ways. They are less critical in formulating comprehensive
national strategies which combine criminal justice and
other elements, but care should be taken to avoid confusion.
Bribery -- The essence of bribery is the giving of some
form of benefit to unduly influence some action or decision
on the part of the recipient or beneficiary. Cases of
bribery can be initiated either by a person who seeks
or solicits bribes or a person who offers and then actually
pays them. Bribery is probably the most commonly known
form of corruption. Definitions or descriptions appear
in several international instruments as well as the
domestic laws of most countries and numerous academic
publications
The "benefit" in bribery cases can be virtually
anything which might induce the desired outcome, including
money, valuables or other less-tangible benefits such
as company shares, valuable inside information, sexual
or other favours, entertainment, employment or the mere
promise of any of these things. It may be passed directly
to the beneficiary, or indirectly to, or through, some
third party, such as a friend, family member, associate,
favourite charity, private business or similar interest,
or a political party or campaign. Similarly, the conduct
or action for which the bribe is paid can include such
things as a positive action or decision, the exertion
of more general administrative or political influence
or the overlooking of some offence or obligation. Bribes
may be paid individually on a case-by-case basis or
as part of an ongoing relationship in which officials
are given regular benefits in exchange for ongoing results
which favour the interests of the person paying the
bribe. Bribery, once it occurs, can also lead to other
forms of corruption. Once an official has accepted a
bribe, for example, his or her further conduct can become
open to influence by blackmail, if anyone aware of the
bribe threatens to expose it.
In most international and national legal definitions,
the purpose is to criminalize bribery, and further limits
may be incorporated. The most common of these limit
the meaning of "bribery" to cases where the
recipient was a public official of some kind, or where
some other public interest was triggered, leaving purely-private
bribery to non-criminal or non-legal means of resolution.
Where the recipient must be a "public official",
this is often defined broadly in order to include private
individuals who are sometimes offered bribes to influence
their conduct in some public function, such as voting
or serving as jurors in legal proceedings. Public-sector
bribery can target any individual with the power to
make a decision or take some action which affects others
who are willing to resort to bribery in order to influence
the outcome. Common examples include politicians, regulators,
law enforcement officials, judges, prosecutors, and
inspectors.
Specific types of bribery include the following:
· Influence-peddling: in which public officials
or other political or government insiders offer to exert
influence not available to outsiders. This is distinct
from legitimate political advocacy or "lobbying"
in that the corrupt individual is selling access to
or influence on government decision-making that he or
she only has as a result of public status or office.
· Offering or receiving improper gifts: gratuities,
favours or commissions. In some countries, it is common
for public officials to accept tips or gratuities in
exchange for their services. Even if the payment is
not definitively linked to the interests of the applicant,
such payments become difficult to distinguish from bribery
or extortion, as links between payments and results
will always develop.
· Bribery to avoid liability for taxes or other
costs: Officials who work for or supervise revenue-collecting
agencies, such as tax authorities or customs officers
may be bribed to reduce or eliminate amounts of tax
or other revenues to be collected; to conceal or overlook
evidence of wrongdoing, including tax infractions or
other crimes; to ignore illegal imports or exports;
or to conceal, ignore or facilitate illicit transactions
for purposes such as money laundering.
· Bribery in support of fraud: Payroll officials
may be bribed to participate in abuses such as listing
and paying non-existent employees ("ghost-workers").
· Bribery to avoid criminal liability: Law-enforcement
officers, prosecutors, judges or other officials may
be bribed to ensure that other criminal activities are
not investigated or prosecuted, or if prosecuted, that
a favourable outcome will result.
· Bribery in support of unfair competition for
benefits or resources: Public or private-sector employees
responsible for making contracts for goods or services
may be bribed to ensure that contracts will be made
with the party paying the bribe and on favourable terms.
In some such cases, where the bribe is paid out of the
contract-proceeds themselves, it may also be described
as a "kickback" or secret commission.
· Private-sector bribery: The bribery of banking
and finance officials has caused economic damage far
exceeding the bribes themselves because corrupt officials
have approved loans which do not meet basic criteria
for security and which cannot later be collected.
· Bribery to obtain confidential or "inside"
information: Employees who are privy to valuable confidential
information are often the targets of bribery to induce
them to disclose it. Actual cases include both public
and private sectors (e.g., national security and industrial
espionage), as well as such things as "inside"
information used to trade unfairly in stocks or securities
and trade secrets or other commercially valuable information.
· Embezzlement, theft and fraud: In the context
of corruption, these activities all involve the taking
or conversion of money, property or other things of
value by someone who is not entitled to them, but who
has access or opportunities created by virtue of his
or her position or employment. In the case of embezzlement
and theft, the property is simply taken by someone to
charges, for example. In some cases, the condition the
situation may be reversed, with an official who has
committed acts of corruption or other wrongdoings threatened
with exposure. Low-level extortion, such as the payment
of "speed money" in order to ensure timely
consideration and decision-making of minor matters by
officials is widespread in many countries.
· Abuse of Discretion: In some cases, corruption
can simply consist of the abuse of a discretion vested
in the corrupt individual for his or her personal gain,
without other inducements or influences. For example,
an official responsible for government contracting may
exercise discretion to purchase goods or services from
a company in which he or she holds an interest, or propose
real estate developments which will increase the value
of personally owned property. Patterns of such abuses
are often associated with bureaucracies in which broad
individual discretion is created, few oversight or accountability
structures are present, as well as those in which decision-making
rules are so complex as to neutralise the effectiveness
of such structures even if they exist.
· Favouritism, nepotism and clientelism: Generally
these also involve abuses of discretion. What is different
in cases of favouritism, nepotism and clientelism is
that the choice is governed not by the direct self-interest
of the corrupt individual but the preference of someone
else linked to him or her by affiliations such as family
ties or membership in a political party, tribe, religious
group, or other groupings. If someone bribes a corrupt
official to hire him, the official acts in order to
obtain the bribe. If a corrupt official hires a relative
(nepotism), he or she acts in exchange for the less-tangible
benefit of advancing the interests of family or the
specific relative involved. The favouring of (or discrimination
against) individuals can be based on a wide range of
group characteristics, including race, religion, geographical
factors, political affiliation and other factors, or
on personal or organisational relationships, such as
friendship or membership in clubs or associations.
· Other conduct which creates or exploits conflicting
interest: As noted in the United Nations Manual on Anti-Corruption
Policy, most forms of corruption involve either creating
or exploiting some conflict between the official or
professional responsibilities of a corrupt individual
and his or her individual interests. The payment of
a bribe creates such an interest, whereas most cases
of embezzlement, theft or fraud involve an individual
yielding to temptation and taking undue advantage of
a conflict which already exists. The general category
of exploiting a conflict of interest covers the remainder
of the latter category. In both private business and
in the public sector, employees and officials are routinely
confronted with circumstances in which their personal
interests conflict with those of their responsibility
to act in the best interests of their employer or the
state.
· Improper political contributions: Distinguishing
between legitimate contributions to political parties
and organisations and payments made in an attempt to
unduly influence present or future activities by a party
or its members when they are in office is one of the
most difficult challenges in developing anti-corruption
measures. A donation made because the donor supports
the party and wishes to increase its chances of being
elected is not corrupt, may be an important part of
the political system, and in some countries is a basic
right of expression or political activity protected
by the constitution. A donation made with the intention
or expectation that the party will, once in office,
favour the interests of the donor over the interests
of the public in return is tantamount to the payment
of a bribe, except there is no concrete link between
the payment and any specific act on the part of the
recipient or beneficiary. Regulating political contributions
has also proven difficult in practice. Donations may
take the form of direct cash payments, low-interest
loans, the giving of goods or services, or other intangible
forms which favour the interests of the political party
involved One common approach is measures which seek
to ensure transparency by requiring disclosure, ensuring
that both the donor and recipient are politically accountable.
Another is to limit the size of contributions in an
effort to prevent any one donor from having too much
influence.
CORRUPTION
- An act done with an intent to give some advantage
inconsistent with official duty and the rights of others.
It includes bribery, but is more comprehensive; because
an act may be corruptly done, though the advantage to
be derived from it be not offered by another.
Sometimes
corruption is understood as something against law; such
as, a contract by which the borrower agreed to pay the
lender usurious interest. It is said, in such case,
that it was corruptly agreed, etc.
Corruption is conventionally understood, and referred
to, as the private wealth-seeking behaviour of someone
who represents the state and the public authority. It
is the misuse of public goods by public officials, for
private gains. The working definition of the WorldCorruption
is conventionally understood, and referred to, as the
private wealth-seeking behaviour of someone who represents
the state and the public authority. It is the misuse
of public goods by public officials, for private gains.
The working definition of the WorldCorruption is conventionally
understood, and referred to, as the private wealth-seeking
behaviour of someone who represents the state and the
public authority. It is the misuse of public goods by
public officials, for private gains.
Most definitions of corruption will underline corruption
as a particular (and, one could say, perverted) state-society
relation. Corruption is usually understood as involving
some "corrupted" politicians and public administrators.
Corruption is when a civil servant, official, bureaucrat
or politician (anyone elected or appointed to a position
of public authority, with power to allocate (scarce)
public resources in the name of the state or the government)
is abusing this official position for personal or group
gain. The corrupt act is when this person demands or
accepts money or some other form of reward, for himself
or for his family, friends and allies. Most definitions
of corruption will underline corruption as a particular
(and, one could say, perverted) state-society relation.
Corruption is usually understood as involving some "corrupted"
politicians and public administrators. Corruption is
when a civil servant, official, bureaucrat or politician
(anyone elected or appointed to a position of public
authority, with power to allocate (scarce) public resources
in the name of the state or the government) is abusing
this official position for personal or group gain. The
corrupt act is when this person demands or accepts money
or some other form of reward, for himself or for his
family, friends and allies. Most definitions of corruption
will underline corruption as a particular (and, one
could say, perverted) state-society relation. Corruption
is usually understood as involving some "corrupted"
politicians and public administrators. Corruption is
when a civil servant, official, bureaucrat or politician
(anyone elected or appointed to a position of public
authority, with power to allocate (scarce) public resources
in the name of the state or the government) is abusing
this official position for personal or group gain. The
corrupt act is when this person demands or accepts money
or some other form of reward, for himself or for his
family, friends and allies.
Corruption
has recently been the subject of substantial theorising
and empirical research, and this has produced a bewildering
array of alternative approaches, explanations, typologies
and remedies. Corruption is understood as everything
from the paying of bribes to civil servants and the
simple theft of public purses, to a wide range of dubious
economic and political practices in which businesspeople,
politicians and bureaucrats enrich themselves.
The issue of corruption is an old one that has re-entered
the current political and economic debate from the new
interest in the role of the state in the developing
world, and from the assumption that the state is an
indispensable instrument for economic development, redistribution
and welfare. In contrast to the largely rejected "state-dominated"
and "state-less" development models, there
is now much consensus on the need for an efficient medium-sized
state apparatus with a political will and adequate economic
policies to ensure economic development. Corruption
is seen as counter-productive to the needed economic
and political reforms, accountability, transparency,
and good governance.
The intention of this paper is to classify the various
forms of corruption in order to operationalise the concept
for analytical and practical purposes. First, different
forms of corruption will be outlined. Secondly, corruption
will be defined as a particular state-society relationship,
and the distinction made between political corruption
and bureaucratic corruption. Then two more distinctions
will be added, namely between "individual"
and "collective" forms of corruption, and
corruption as a mechanism of either "upward extraction"
or "downward redistribution". This will sum
up to the basic argument that the fight against corruption
will have to be placed within a broader agenda of democratisation.
Corruption
has recently been the subject of substantial theorising
and empirical research, and this has produced a bewildering
array of alternative approaches, explanations, typologies
and remedies. Corruption is understood as everything
from the paying of bribes to civil servants and the
simple theft of public purses, to a wide range of dubious
economic and political practices in which businesspeople,
politicians and bureaucrats enrich themselves.
The issue of corruption is an old one that has re-entered
the current political and economic debate from the new
interest in the role of the state in the developing
world, and from the assumption that the state is an
indispensable instrument for economic development, redistribution
and welfare. In contrast to the largely rejected "state-dominated"
and "state-less" development models, there
is now much consensus on the need for an efficient medium-sized
state apparatus with a political will and adequate economic
policies to ensure economic development. Corruption
is seen as counter-productive to the needed economic
and political reforms, accountability, transparency,
and good governance.
The intention of this site is to classify the various
forms of corruption in order to operationalise the concept
for analytical and practical purposes. First, different
forms of corruption will be outlined. Secondly, corruption
will be defined as a particular state-society relationship,
and the distinction made between political corruption
and bureaucratic corruption. Then two more distinctions
will be added, namely between "individual"
and "collective" forms of corruption, and
corruption as a mechanism of either "upward extraction"
or "downward redistribution". This will sum
up to the basic argument that the fight against corruption
will have to be placed within a broader agenda of democratisation.
International Resources
Definition
Of Corruption
More
Definitions
Police
Corruption: Towards A Working Definition
Corruption
- Definitions And Concepts
Definitions
Of Corruption
Anticorruption
Policy
Corruption
Is All-Pervasive
What
Do We Mean By Corruption?
Understanding
Corruption
Corruption?
National
Resources
The
Murkier Side Of Nigeria's Economy
Nigeria
Daily
Corruption
In Nigeria: A New Paradigm For Effective Control
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