I.
INTRODUCTION
Corruption and
the concomitant strategies to combat it are products of failed institutions and
of a disarticulated and dysfunctional national political economy. Corruption
therefore, is not the cause of underdevelopment and poverty in underdeveloped
nations, rather it is the political economy of underdevelopment that creates
and promotes corruption[1]
The anti-corruption
strategies of Timor-Leste, Bhutan and Nigeria are better understood within the
context and dynamics of their history, institutional development and
socio-political economy.
Timor-Leste
and Bhutan are small Asian countries with a population of 1.2 million and 0.75
million people respectively. Nigeria is in the West coast of Africa with an
estimated population of over 165 million people. It has the status of the 7th
most populous nation in the world. Both Nigeria and Timor-Leste were former
colonies of Britain and Portuguese respectively.[2]
For the two
former colonies the logic and contours of their contemporary underdevelopment
and poverty, and the conditions of corruption had been established and
entrenched by the nature of colonial rule’s exclusive political institutions
and extractive economy. Bhutan is among the few nations in the world lucky to
have escaped colonization or foreign occupation, and is, therefore in better
position more than Nigeria and Timor-Leste to achieve leadership consensus
capable of organizing inclusive political and economic institutions that can
combat corruption and achieve rapid economic development.[3]
The three
countries practice some variation and systems of democratic governance. For
example, Nigeria operates a presidential system of government. The kingdom of
Bhutan operates democratic constitutional monarchy while Timor-Leste is a semi-president.
In terms of
the structure of their economies the three countries are market oriented
economy, commodity and raw material export dependent and predominantly
agricultural based. Nigeria with a fast growing manufacturing sector and a
sizeable share of world oil and gas export is the third largest economy in
Africa behind South Africa and Egypt, and ranked 30th in GDP in the
world. Timor-Leste in addition to her thriving coffee export derives
substantial revenue from oil and gas. Bhutan national revenue comes largely from
hydroelectricity and tourism.[4]
As middle income and developing economies the three countries are
confronted with issues of public sector corruption. Nigeria and Bhutan have put
in place appropriate legislation and anti-corruption agencies to combat
corruption. Timor-Leste has established anti corruption agency but still in the
process of enacting appropriate anti-corruption legislation.
II.
POLITICAL WILL
The capacity of
a country to combat corruption depends largely on the political will of its government
and national political leadership. For Bhutan, Timor-Leste and Nigeria the
degree of the political willingness of both their governments and national
leaders can be examined against the independence and autonomy accorded their
respective anti corruption agencies, the level of funding provided the
appropriateness and efficacy of extant anti corruption legislations, and the
security of tenure of head of anti-corruption agencies.
- Independence of ACA
Bhutan
The constitution
of the kingdom of Bhutan accorded its ACA some degree of independence but has
no power over the recruitment and selection of its staff. Under the Bhutan Civil
Service Rules 2011(BCSR) the power to employ and recruit staff for all
government agencies is vested in the Civil Service Commission. The ACC like
Nigeria’s CCB was established primarily to investigate public officials. It has
no power to investigate the private sector. The ACC has two Commissioners and a
Chairman appointed by the King but can only be removed by parliament through
impeachment. The Commission reports to the Parliament and also to the king. The appointment is for a 5year term
renewable for another term of five years until the retirement age of 65 years.[5]
Nigeria
The Code of
Conduct Bureau (CCB) of Nigeria is an independent body guaranteed by the
constitution. Unlike Bhutan’s ACC the CCB is autonomous and poses executive
powers in all matters relating to investigation, prosecution and personnel
matters. The activities of CCB can only be over sighted by parliament. The
Chairman and Federal Commissioners of CCB are appointed by the President and screened
and confirmed by the parliament. Once confirmed by parliament the President
cannot remove them from office except by impeachment by the parliament. The appointment is for a 5year term
renewable for another term of five years until the retirement age of 70
years. [6]
Timor-Leste
Unlike Bhutan
and Nigeria, the Anti-corruption Commission of Timor-Leste is governed by
public law. The commission is independent of the president but it’s over
sighted by the parliament to which it must submit and present its reports and
annual activities. The head of the anti-corruption commission is appointed by
the parliament for a term of four years renewable only once, for an equal
period of time. But as per the Article 12 of Establishment Law No.8/2009 the
Commissioner has the authority to appoint at least three Deputy Commissioners.[7]
- Adequacy of Resources
Bhutan
The ACC of Bhutan depends on parliament for its funding and from donations
it receives from donor agencies like Swiss Development Bank (SDB), Asian
Development Bank (ADB) and the World Bank, which constitutes significant
portion of its annual budget. The ACC is constrained and it’s anti corruption
work substantially impeded for lack of adequate financial and human resources. Parliament approved Nu. 99.5million to ACC that is almost
double than what has been proposed, ACC has proposed Nu 51 million. [8]
Nigeria
Nigeria’s CCB
is fully funded by the government subject to parliamentary approval. The level
of funding is fairly adequate, so is the level of human resources available to
CCB to carry out its constitutional mandate.
Timor-Leste
Contrary to
the practice in Bhutan and Nigeria Timor-Leste receives its budget on a monthly
basis from the Ministry of Finance (MoF) subject to the approval of the
parliament. Thus by implication this gives the MoF power to control the work
program of the agency by controlling the flow of resources. The commission is
also constraints by the lack of human resources.
III.
LAW
A country’s
constitution and anti corruption legislation provides the principles and legal
framework, as well as the impetus for fighting corruption. The following are
the relevant features of constitutional and anti corruption legislation of
Bhutan, Timor-Leste and Nigeria:
A. Legal Framework
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Nigeria
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Bhutan
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Timor-Leste
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1. Constitution of the Federal Republic of Nigeria, 1999 and the Code
of Conduct and Tribunal Act, 1990 empowers the Code of Conduct Bureau to
enforce the code of conduct for all public officials and the power of
prevention, investigation and prosecution of any public official that breach
anti corruption provisions of the constitution.
2. The constitution empowers the Code of Conduct Bureau to administer
Asset Declaration Forms on all public officials. And use the information
contain in the asset declaration to monitor the behavior and conduct of public officials.
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1. The Constitution of Bhutan-Legal basis for the establishment of
ACC
2. The Anti-Corruption Act, 2011
3. The Audit Act, 2006;
4. The Penal code, procedure penal code and civil law
5. The Financial Service Act, 2011;
6. The Narcotic Drugs and Psychotropic and substance Abuse Act, 2005
7. Civil service rules and regulations 2011 and the procurement rules
2008
8. Financial Institutional Act, 2007;
9. The Election Act of Bhutan, 2008
10. The Anti-Money laundering law and Combating the Financing of
Terrorism Regulation, 2010;
11. Asset declaration Rules, 2008
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1. The law on Establishment ACC no.8/2009
2. Penal Code and Criminal
Procedure Code
3. The National Parliament Ratified the United Nations Convention Against
Corruption (UNCAC) on 10 December 2008.
4. Code of Conduct
5. The Constitution Guarantee
Supremacy of Law and Good Governance
6. Procurement Decree Law no.10/2005 established a system of
government. To consolidate, simplify and clarify the previous plethora of
procurement decree laws, the Council of Ministers passed the Procurement
Decree Law of 2011 which established the National Procurement Commission
7. Money Laundering Law
8. Witness Protection Decree Law
9. Civil Service Commission Law no. 8/2004
10. Decree Law on Portal Transparency: E-state Budget and its
performances, e procurement
11. Draft Anti-Corruption Law and Draft Asset Declaration Law still
processing in Parliament
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- Intercept evidences
Bhutan
Bhutan has the
subpoena power to obtain documentation, information, testimonies or other
evidence. It also has the power to take sample hand writing and voice
Nigeria
CCB has the
power to use intercept evidence such as obtaining information and sample
handwriting and voice.
Timor-Leste
Unlike Bhutan
and Nigeria it has no power to obtain intercept evidence and if need be they
have to get the court warrant in obtaining information and taking sample hand
writing and voice.
- Prosecution authority
Bhutan
Generally, ACC
has no prosecution power however, after the investigation of a case and the
review of the report, section (128) (3) of the ACA gives discretionary power
for commission to carry out prosecution its own or take prosecution process
from the office of the Attorney General when the case is delayed without valid
reason or manipulated or hampered with influence.
Nigeria
Like ACC in
Bhutan CCB don’t have the authority to prosecute the case and the case is
prosecuted by the Attorney General.
Timor-Leste
ACC don’t have
the authority to prosecute the case however based on the Article 132 of the
Constitutional Law and Article 48 of the Criminal Procedure Code provides
authority of the Attorney General to prosecute the case.
- Management Conflict of Interest
Bhutan
Bhutan has a formal system of declaration
of conflict of interest to which every public official must subscribe. They are
of two types: positive and negative declaration.
Nigeria
The Code of Conduct for public officials
has specific provisions relating to Conflict of Interest. Section 5 of the
provisions provides as follows: ‘A Public
Officer shall not put himself in a position where his personal interest
conflicts with his duties and responsibilities’. [9]
The Code of Conduct Bureau (CCB) has
the power to investigate and prosecute cases of Conflict of Interest among
Public Officers. There are no formal conflicts of interest handling mechanisms
within CCB as it exists in Bhutan’s ACC.
Timor-Leste
There is no code of ethics and law
governing conflict of interest in Timor-Leste. However, the provision has been
included in Civil Service Law No. 8/2004 and the Procurement Law No.10/2005 and
also specifically mentioned in the draft anti-corruption law currently before
parliament.[10]
E. Whistle Blower and Witness Protection
Bhutan
There is no whistle blower and
witness protection program in Bhutan even though the Anti-corruption Act, 2012,
chapter 7 provides for whistle blowers and witnesses protection.[11]
Nigeria
There is no whistle blower and
witness protection act in CCB provisions.
Timor-Leste
Timor-Leste has the
Witness Protection Law (No.9/2009) and provisions regarding whistle blower
protection are defined in the Penal Code Decree Law No.19/2009.[12]
- Asset Declaration System
Bhutan
In Bhutan, a
Public servant whose position is above grade 8 or equivalent to P5 as per the
BCSR, 2011, must declare their asset, income and liabilities. But those civil
servants who are in vulnerable position must declare their asset irrespective
of their grade. Asset declaration system
in Bhutan checks the accountability and transparency of a public servant. After
the declaration of asset by the public servant ACC will examine the declaration
and take appropriate action.[13]
Nigeria
In Nigeria, public servants must
declare their asset, income and liabilities. Every public servant is required
to declare his or her asset on assumption of office, every four years
thereafter and at the end of his/her tenure. All asset declarations are required to be verified by CCB and any
breach may be prosecuted at the tribunal.
Timor-Leste
Timor-Leste does not have
asset declaration system.
- Judiciary Effectiveness
Bhutan
The Judiciary is very
effective in the handling and prosecution of corruption cases. The judiciary is
said to be the cleanest in the world.
Nigeria
The CCB has its own special court known as the CODE OF CONDUCT TRIBUNAL
(CCT). The tribunal is headed by a panel of three judges who adjudicate
on all cases brought before it by the CCB. The powers of the CCT and the
punishment it can impose on various offenses are stipulated in the constitution.
The CCT is fairly effective.
Timor-Leste
The effectiveness of the judiciary is limited by the availability of
human resource and lack of adequate and relevant training on corruption
legislation.
IV.
BEST
PRACTICES AND INSTITUTIONAL INTEGRITY SYSTEM
Bhutan
ACC of Bhutan has recently
adapted a robust prevention tool known as Integrity Diagnostic Tool (IDT). It
aims at assessing the health of government ministries and departments and
provides blue prints for diagnosing integrity lapses and corruption.
Bhutan has also put in
place one of the National Integrity Strategy (NIS) that provides broad
guidelines for combating corruption. It has been institutionalized in the
management system of government organization and departments.[14]
Nigeria
Nigeria has recently
launched a National Anti-corruption Strategy (NACS) that is intended to incorporate
the best practices around the world. A joint committee of ACAs in Nigeria is
working out the details.
Timor-Leste
The anti-corruption agency
has designed a range of policies to conform with anti-corruption practices in
other countries and these are still before parliament for approval.
V.
CONCLUSION
The above brief comparative examination of the anti-corruption agencies
of Bhutan, Nigeria and Timor-Leste show the strengths and weaknesses of their
anti-corruption Institutional framework, the efficiency of their legislation
and judicial system in combating corruption. The study also shows that while
the three countries are committed to fighting corruption their approaches,
strategies and capabilities differ. This is our opinion and is determined by
social, political and economic environment of each country.
The group is of the opinion that in spite of the various challenges
facing by the three countries in the difficult task of fighting corruption they
are making progress.
VI.
RECOMMENDATION
On the basis of our study
of the anti-corruption agencies of Bhutan, Timor-Leste and Nigeria we wish to
suggest the following policy recommendations as a way of strengthening the
three countries anti-corruption efforts:
-
Three countries suffered from inadequate financial resources
to prosecute viable and sustainable anti-corruption program. We suggest better
funding which can only be improved if the political leadership is committed to
the fight against corruption.
-
Nigeria’s CCB and Timor-Leste ACA appear skewed towards more
investigation. They need to balance their work by focusing on prevention
activities and prosecution.
-
Nigeria’s CCB and
Timor-Leste ACA have no integrity assessment system. There is need for the two
countries to put integrity system in place.
-
Bhutan and Nigeria need to propose and established the
whistle blower and witness protection law. It is recommended that this be put
in place to strengthen the willingness of citizens to report corruption.
-
Nigeria and Timor-Leste have no formal system of Declaring
Conflict of Interest. This is crucial in anti-corruption work. The two
countries should emulate Bhutan and put effective conflict of interest declaration
system in place.
-
There is disparity and salary differential among the staff of
the Anti-corruption agencies of Bhutan and Timor-Leste. This is not good for
morale. We recommend that a uniform salary structure be put in place in the two
countries.
-
Timor-Leste does not have Asset Declaration system. This is
an important instrument for monitoring public officials and for investigating
public sector corruption. We suggest Timor-Leste establish asset declaration
regime.
-
Nigeria’s code of conduct tribunal and the judiciary in
Timor-Leste need to be further strengthened and made more effective in the
prosecution of corruption cases.
-
Bhutan’s systems of reliance on the civil service commission
for recruitment of staff compromise its independence. We suggest the ACC should
have the independence to recruit and manage its human resources.
-
Timor-Leste has anti-corruption agency without anti-corruption
legislation. This limits the effectiveness of the agency. We recommend an anti-corruption
legislation be put in place to strengthen the agency’s work.
VII.
REFERENCE
Acemoglu, Daron, and
Robison and James (2012). Why Nations
Fall: The Origin of Power, Prosperity and Poverty. London
Anti-corruption Commission Act (2009). Established ACC Law. Retrieved from www.jurnal.gov.tl on 22nd
November, 2013
Anti-Corruption Commission Act (2011). Anti-corruption Act (2011), ACC: Thimphu
Anti-Corruption Commission (2012). Asset Declaration Rule (2012) ACC:
Thimphu
Anti-Corruption Commission (2012). Annual
Report 2012, ACC: Thimphu
Anti-corruption
Commission (2011). Institutional Development Plan 2011-2020. ACC: Bhutan
Bhutan Anti-corruption Act, 2011; Timor-Leste Penal Code of No.19/2009.
See Khan Mushtag in Rose-Ackerman
and Susan (ed. P.214-216). Determinants
of Corruption in Developing countries: The limits of conventional economic
analysis. Edward Elgar Publishers: Chelten
Nigerian Constitution
(1999), section 153
Nigeria Constitution
(1999); the code of conduct and tribunal
act, 1990; Bhutan constitution;
Nigerian constitutions
(1999), Fourth schedule
Nigerian constitution
(1999), ibid
Wikipedia encyclopedia,
ibid
Wikipedia Free
Encyclopedia. Bhutan, Timor-Leste and
Nigeria (2013).
Wangmo, C. (2013). Finance
Minister Presents 2013-2014 budget outlay.
Bhutan Observer.
[1] See Khan Mushtag, “Determinants of
Corruption in Developing countries: The limits of conventional economic
analysis” in Rose-Ackerman, Susan (ed) INTERNATIONAL HANDBOOK ON THE ECONOMICS
OF CORRUPTION, Chelten; Edward Elgar Publishers 2006 (PP. 216-214)
[2] Bhutan, Timor-Leste and Nigeria (2013).
Wikipedia Free Encyclopedia,
[3] Acemoglu, Daron, and Robison, James, WHY
NATNS FAIL: THE ORIGINS OF POWER, PROSPERITY AND POVERTY, London: Profile Books
2012 (chapter2)
[4] ibid
[5] ACC
Institutional Development Plan 2011-2020(unpublished)
[6] Nigerian Constitution (1999), section 153
[7] Anti-corruption Commission
Act (2009). Established ACC Law. Retrieved from www.jurnal.gov.tl on 22nd
November, 2013
[9] Nigerian constitutions
(1999), Fourth schedule
[10] Civil Service Law No. 8/2004 and the
Procurement Law No.10/2005
[11] Anti-Corruption Commission, (2011).
Anti-corruption Act, ACC: Thimphu
[12] Penal code degree law No. 19/2009 and
witness protection law No. 9/2009.
[13] Nigerian constitution
(1999), ibid
[14] Anti-Corruption Commission
(2012). Annual Report 2012, ACC: Thimphu
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