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Collaring public enemy No. 1

Published:Thursday | June 26, 2014 | 12:00 AM
Trevor Munroe, Guest Columnist

Trevor Munroe, Guest Columnist

The Gleaner editorials of Sunday, June 22, 'The PM must put weight behind law'; Monday, June 23, 'Dawdling over corruption cases', and Tuesday, June 24, 'Seek fiat to prosecute corruption cases' must be read alongside National Integrity Action's (NIA's) billboard: 'Less corruption=more investment=more jobs'. And not only be read but understood by:

Every Jamaican who suspects that one reason why so many ignore or break the law is that the justice system remains 'too unequal' [Justice Reform Task Force Report, 2007, pg 14]. The ackee thief is punished overnight, while those who break the laws against corruption get a tap on the wrist, or credible allegations take years to be heard.

Everyone of the two out of every five young people, including recent university graduates, who are unable to find or to make decent work.

Every citizen who wonders where some of the money may have gone that should be effecting proper rehabilitation of roads, putting in new water supplies, repairing bridges, etc.

Every Jamaica who wonders how the news coming out of countries as far as Israel, Iceland, and Guatemala tell us of the high-ranking corrupt officials being sent to prison, but here widespread perceptions and credible allegations of corruption in high places never get proved, and there is a "seeming impunity with which corruption is pursued in Jamaica" (Gleaner editorial, June 23).

Along with the three Gleaner editorials, all of us should:

Read the Global Corruption Barometer 2013/2014, which looks at 148 countries across the world and finds that in Jamaica, ranked 94, the three most "problematic factors for doing business" are "inefficient government bureaucracy, crime and theft and corruption", and that in terms of "favouritism in decisions of government officials", Jamaica ranks a 107 out of 148.

Read Jamaica's National Security Policy 2013 (available on the Cabinet's Office website), which identifies among the "high impact, high probability clear and present dangers [to Jamaica] … corruption of elected and public officials, public works contracts awarded to criminals" (pg 15).

NOW WHAT?

Having read and understood that corruption is public enemy No. 1 globally, as the UN secretary general described it in December 2013, and in Jamaica, it is a critical barrier to social order and economic growth as well as to national security and individual survival, what are we to do?

First, insist on more stringent enforcement of existing anti-corruption laws through calls to talk shows, letters to the print media, etc. It cannot be acceptable that:

So many cases of "suspected illicit enrichment", where public servants, including politicians, appear to possess assets beyond their known legal sources of income remain to be ruled on, much less prosecuted.

Between 2001 and 2013, some 764 delinquent declarants were prosecuted and total fines imposed were $3,946,500, that is, an average of a little over $5,000 per guilty declarant.

Second, we must insist, as NIA has been consistently advocating, and so many - including The Gleaner and some members of parliament support - that three critical new pieces of legislation, for too long talked about, be quickly debated, passed by the Parliament and robustly enforced. That is the laws to establish a Single Anti-Corruption Commission, to register political parties and to regulate campaign finance - that last, to protect the public against 'big money', criminal or legal, buying-out or unduly influencing political parties or leaders who, when they become government, pay back the big donors while pretending to serve the public's interest.

One of the three critical new laws is the Integrity Commission Act 2014 which, among other things, would establish the "Office of Director Corruption Prosecution, who shall not be subject to the direction or control of any person or body" except for the ultimate constitutional authority conferred on the director of public prosecution.

An important function of the proposed commission is to make recommendations to cut red tape and bureaucracy in public bodies to "reduce … the occurrence of … corruption". The bill marks an important step forward, but it is not perfect. For example, it does not empower the commission's officers to stop or suspend the award of a contract or licence where the procurement process is found to be improper or unfair. However, if such improprieties continue, then the law, when passed, may be amended to include the proviso. But so deep is our crisis of corruption that we should not further delay the establishment of a 'good', single Integrity Commission until we get the 'perfect' body. Jamaica's policymakers developed, debated and passed the lottery scam law within six months. Do likewise with the Integrity Commission Act, or do we need more than public pressure from Jamaican citizens?

Professor Trevor Munroe, Executive Director, NIA; Visiting Honorary Professor, Sir Arthur Lewis Institute, UWI, Mona.