Strengthen toothless anti-corruption laws

In 2008, I was brought before the courts for late filing of my integrity report, and now that I will be required to file once again, I must admit that I will be filing late when that time comes. Allow me to make my position clear. I am fully in support of the intention of the Corruption Prevention Act and the Integrity Act. Nevertheless, I consider my late filing as a small act of civil disobedience.

I have consistently deliberately filed my returns late. When I eventually filed, I also registered with the Integrity Commission my concerns with the acts. My objection is not in having to file, but is based on my belief that the acts no longer serve their intended purpose, but is more a 'Corruption Protection Act'.

The acts today are purely cosmetic and totally ineffective in achieving their stated objective. A literature review shows that since 1973 when the Integrity Act was instituted, corruption has increased in Jamaica. Additionally, public perception of politicians and civil servants is not only that all are corrupt; they expect and, at times, encourage this corruption.

We all know who among us is corrupt. We see it in their lifestyles. The corrupt also compromise others by sharing their ill-gotten gains, or we keep quiet, because one day it might be me and I might need their help. In this manner, 'If you buss pon mi, mi a go buss pon you.' Since this act was passed, we have institutionalised corruption as part of our system of governance.

The following are some of the suggestions I have made in the past to strengthen the acts and to deal effectively with corruption that has pervaded our society.

First, give the Integrity Commission the expertise and necessary skills to perform its function. Section 5 of the Integrity Act lays out the commission's functions and powers; but in reality, the commission is not equipped to perform these duties. Currently, the commission's function is basically record keeping. When was the last time the commission conducted an independent investigation or enquiry? The commission pesters those who file late, but those who file and an investigation would clearly demonstrate their involvements in corruption are not even addressed.

Random investigations

One way to conduct this responsibility would be through regular random 'forensic financial' investigations of filings. Alternatively, the commission cannot achieve any measure of success if it does not have strong investigative and prosecutorial capabilities. The commission must be provided with a cadre of experts and the requisite resources.

The commission should widen its scope to educate citizens on how to detect corruption and foster the national debate on how to fight corruption.

Second, the secret declarations filed with the commission serve absolutely no purpose. The filings are mere formalities. Civil servants and parliamentarians know quite well they can put down anything they like and be safe from any kind of investigation. These filings should be subjected to transparency and detailed scrutiny not only by the commission, but also the public. This would involve questioning any changes in their filings from one year to the next.

A decision to enter 'public life' to be of 'service' to one's country entails the foregoing of a level of privacy. Transparency in our personal financial dealings is one of these areas and would go far in demonstrating to the public the intention to reduce corruption.

Third, there are several amendments that should be made to the act. These amendments would cover:

Gifts should be declared within 30 days of receipt. This would prevent anyone from declaring unexplained money as gifts received. A limit should also be included on the source and monetary value of these gifts.

Provisions dealing with conflict of interest. Here is where a vast amount of corruption takes place. One must be excused from any dealings with which there are personal connections. One must be barred from going to work with an entity that you regulated or negotiated with for a minimum period of one year after leaving government service.

Filings should not only include immediate family members of parliamentarians but their close staff members.

Several individuals have encouraged me to file my statutory declarations on time, while pointing out that my simple act of civil disobedience amounts to no more than a pebble tossed against the vast wall of corruption. Having tossed my pebble, I stand firm with the conviction that my conscience is clear and my integrity intact.

Victor J.N. Cummings is CEO of the Trade Board and a former member of parliament. Email feedback to columns@gleanerjm.com and vjncummings@yahoo.com.