Role of citizens in enforcement of laws and regulations...

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‘What is most common to the greatest number has least care bestowed upon it’ Aristotle Video-conference from Bangalore,3-April 2012 T.R. Raghunandan Ipaidabribe.com Role of citizens in enforcement of laws and regulations against bribery in India

Transcript of Role of citizens in enforcement of laws and regulations...

Page 1: Role of citizens in enforcement of laws and regulations ...siteresources.worldbank.org/EASTASIAPACIFICEXT/... · corrupt and corruption is systematic, ... • Improvement of citizens’

‘What is most common to the greatest number has least care bestowed upon it’

Aristotle

Video-conference from Bangalore,3-April 2012

T.R. Raghunandan Ipaidabribe.com

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

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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

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Corruption: The Robert Klitgaard

formula

C=M+D-A

Corruption equals

Monopoly + Discretion – Accountability

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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

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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

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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.

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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?

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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?

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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)

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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

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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

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Low

Corruption

Regular measurement System reforms

Whistleblower protection Swift punishment

High

Corruption

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Measuring

corruption

Where ipaidabribe.com contributes to measuring corruption

Public Expenditure Surveys

Quality of Service Delivery Surveys

Citizens Satisfaction Surveys

Crowdsourcing of Reports, the ipaidabribe.com way

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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

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Database of corruption

experiences

Citizens Government

reports

Responsive action

What Ipaidabribe.com’s strategy leads to

Analysis for systemic reform

Instant feedback on quality of services

Redressal of individual Grievances (infrequently)

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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

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Why do people pay bribes? (Answering this question, leads to the appropriate solution)

Need for speed

Avoiding Business

loss

Misinformation by middlemen And agents

Fear, nervousness

& relief

Fear of justified,

unjustified or excessive

punishment

Ignorance &

Unwillingness lo learn

Persuasion by peers

and mentors

Mutual Benefit

Convenience

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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.

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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

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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)

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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

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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.

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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

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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.

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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.

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Thanks. Any questions?