Fighting the ghost of corruption in East Africa
Thursday March 10 2011
Lack of government commitment, poor enforcement of policies, weak legal and institutional framework and a general culture of impunity are the main factors slowing down the anti-corruption crusade in East Africa.
The other reason complicating anti-corruption efforts is the fact that the same officials mandated to fight corruption are themselves corrupt.
Government interference too continues to thwart anti-corruption efforts.
This and many other factors make corruption one of the worst governance issues in East Africa.
The book Public Accountability & Good Governance in East Africa, published by Fountain Publishers for Kituo Cha Katiba and edited by Sam Tindifa, addresses these issues and gives the way forward for governments.
The book features papers prepared by leading regional anti-corruption institutions who are in agreement that political will is crucial in the fight against corruption and urged that sanctions should not be employed selectively.
“All persons involved in corruption should be dealt with in accordance with the law, irrespective of their positions in government, ethnic group or social class,” they argue.
There is consensus that petty corruption should be accorded the same attention as high-profile corruption.
That there is inadequacy in the legal framework especially for cross border investigations and restrictions of corruptly acquired assets.
With the exception of Zanzibar, which still has a feeble legal, policy and institutional framework for fighting corruption, and Rwanda, which has been lauded for its marked achievements in the area, overall, despite the existence of an institutional, policy and legal framework, corruption remains a major problem in the region.
Tindifa writes, “The problem has reached insurmountable levels, as it appears to be institutionalised, despite attempts by governments in the region.”
“…State legitimacy, it seems, remains a fundamental factor responsible for the high level of corruption, poor accountability and abuse of power in the region,” he adds.
“Dictatorship and overstay in power by individuals or one party, leads to the disempowerment of the public and civil society participation in governance and development process, which weakens the anti-corruption interventions.
Spreading
A paper by Justice J.S. Warioba traces the history of corruption in Africa, and reveals that while at independence, the problem had been limited to middle level public officials, corruption has since spread to all echelons of society.
Today, corruption is entrenched in public institutions and politics, to the point that it is the norm to give bribes during elections.
Starting in the early 1990s, a simultaneous and, to an extent, parallel effort to deal with and prevent corruption became visible at national and international levels.
At the national level, the democratisation process ushered in multiparty politics.
This turn of events limited the executive’s powers to control the legislative and judicial arms of government, Justice Warioba observes.
On the international level, the African Union, in 2002, adopted the convention on prevention and combating corruption, followed shortly by the UN establishing a convention in 2003.
International financial institutions declared their own anti-corruption strategies, making good governance a conditionality for development aid.
These efforts, Justice Warioba argues, have not achieved much in combating corruption.
He identifies two major hindrances namely, the international financial institutions’ development aid conditionality and their narrow definition of corruption, and the effects of multi-party politics.
“Anti-corruption initiatives assumed by international financial institutions were too restrictive, focusing only on the affects of corruption on economic growth. Enacted policies and laws only targeted high-profile corruption and were in principle modelled along Western and Hong Kong models. In this respect, aid wholesale recipient governments (which include all the East African countries) adopted these models in a bid to continue receiving aid…,” Justice Warioba observes.
“Despite the hope that the democratisation process would help reduce corruption, multiparty politics, instead caused corruption to flare up because of corruption. Politicians resorted to corruption to win elections and bribery during elections is commonplace… Even the lead anti-corruption agencies purported to be independent by virtue of their mandate, are in reality either influenced by politics or have had their efforts frustrated by the corrupt,” he adds.
Rwanda’s efforts to fight corruption are recognised and other EAC countries are urged to emulate the country and replicate its best practices.
In particular, Rwanda is lauded for its fearless and courageous enforcement of the law, consistent and indiscriminate application of corrupt leaders, and for the president’s personal initiative in the anti-corruption struggle.
However, the former inspector general of government in Uganda and former MP, Augustine Ruzindana underlined the need for Rwanda to build institutions; “Otherwise the political will of the president in fighting corruption may not be sustained.”
He also cautioned that governance and enforceability of policies and laws is easier in small nations, thus the case of Rwanda should not be equated or adopted wholesale as a model.