17 June 2009
State Dept. Official Discusses Global Fight Against Corruption
Remarks prepared by Diane Kohn for CO.NX webchat June 17 from Africa
Diane Kohn, anti-corruption adviser at the U.S. Department of State, answered questions from Dar es Salaam, Tanzania, in a June 17 webchat about corruption in Africa.
The following are her comments prepared prior to the Q & A session:
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U.S. Department of State
Bureau of International Information Programs
Guest: Diane M. Kohn
Date: June 17, 2009
Time: 10 a.m. EDT (14:00 GMT, 1700 Tanzania)
NOTE: A transcript of this chat is not available, as the questions were answered on video and not in a text format. These prepared remarks are meant to serve as a substitute for a transcript.
Watch a video clip of this event at https://statedept.connectsolutions.com/p78091024/.
Text prepared by Diane Kohn, anti-corruption adviser at the State Department, for a June 17 webchat on corruption in Africa from Dar es Salaam, Tanzania:
“But I do have an unyielding belief that all people yearn for certain things: the ability to speak your mind and have a say in how you are governed; confidence in the rule of law and the equal administration of justice; government that is transparent and doesn't steal from the people. … Governments that protect these rights are ultimately more stable, successful and secure.”
— President Barack Obama, Cairo University, June 4, 2009
Fighting corruption throughout the world is a U.S. priority for many reasons. The ill effects of corruption are well known — corruption hinders sustainable development, erodes confidence in democratic institutions, and facilitates transnational crime and terrorism. When kleptocrats line their own pockets and steal from their nation and own people, it prevents, for example, medicines and health care from reaching the sick, children from getting their education, nourishment and housing, and it weakens the capacities and potential of countries when national coffers are looted and natural resources are diverted for personal and illicit gain.
Fragile states struggling to maintain the rule of law or provide basic services for their populations can not only become breeding grounds for corruption but also can become magnets for crime and terrorism; they can be hubs for trafficking in people, drugs, and weapons; and they can export violence far beyond their borders. Such destabilization further exacerbates the ability of the international community to confront some of the threats to human security such as extreme poverty, pandemic diseases and climate change.
Preventing corruption is key to combating emerging transnational criminal threats. Today, criminals and other illicit actors subvert and undermine state functions to a point that official institutions become a de facto criminal enterprise. This is particularly problematic when the military, police, border control, and justice system officials align with drug traffickers, gangs, and criminal insurgencies. Government protection of criminal elements can take many forms — officials may turn a blind eye to a syndicate’s illicit activity, choose not to pursue investigative leads, opt not to enact or enforce certain criminal laws, or ignore the efforts of others to extradite a wanted criminal. In some cases, corrupt officials may actively work for criminal organizations — supplying them with information or providing other services. In the worst case scenario, a government may effectively cede complete power and authority to a criminal group, allowing them to form their own territories — criminal states within states — and power networks.
Regardless of the form that government protection takes, it fundamentally provides criminal elements safe haven — and in today’s globalized society, any safe haven can provide an opportunity for criminal and terrorist groups to project their influence transnationally and undermine our joint security.
Corruption is a millennia-old problem that plagues every continent. Yet, the international focus on fighting corruption is relatively new – only in the last 15 years has there been an international effort to address it. Given that short time frame, the international community is making great progress in addressing it:
-- 15 years years ago, there were no international agreements on corruption;
-- 15 years years ago, almost every country but the United States allowed tax deductibility for bribes paid to foreign officials; today, no country would think of this and all OECD nations are working together to prosecute bribery;
-- 15 years ago, countries were reluctant to even talk about corruption and considered it solely a domestic problem; today there are a host of gatherings and multilateral mechanisms specifically created to address corruption, including providing assistance to combating it, and coordinating investigations and prosecutions.
Key to fighting corruption is a continued strong, coordinated effort among nations to build governance and law enforcement systems that prevent and address corruption. The UN Convention Against Corruption (UNCAC) is providing a framework through which nations can work cooperatively to fight corruption. Signed in 2003, the UNCAC came into effect in 2005, and now has 136 States Parties. Since the first meeting of the Conference of States Parties (COSP) in 2006, working groups have meet to coordinate efforts on technical assistance, asset recovery, and the development of a meaningful review mechanism.
The UNCAC is an extremely comprehensive anticorruption instrument, covering prevention, criminalization and enforcement, international cooperation and asset recovery. These four chapters represent the building blocks for fighting corruption:
1. Prevention establishes standards and systems to impede corruption, and can lay the groundwork for investigations and enforcement when the standards and systems are not followed;
2. Criminalization and enforcement sets out the conduct that the international community agrees is unacceptable, and how we will hold people accountable;
3. International cooperation establishes measures countries should take to assist each other to combat corruption; and,
4. Asset recovery establishes a framework for countries to recover the assets corrupt officials have stolen.
Of course, the elements needed to make the UNCAC successful are political will, technical capacity, and resources. No one believes that by simply signing a convention will we eliminate corruption.
The U.S. is focusing efforts on building capacity among those countries that are committed to fighting corruption. This week, in Tanzania, we have brought together five countries — Tanzania, Uganda, Liberia, Rwanda, and Cameroon — who have demonstrated a commitment to prosecute high-level corruption.
Through a three-day workshop, the United States is working with committed partners to build capacity to investigate and prosecute corruption. After this week, we will continue work with these countries, and our other international partners, to provide targeted assistance to help investigate and prosecute corruption and recover stolen assets. We are hoping to support a regional network of anticorruption and law enforcement officials — that can share expertise and resources — to hold corrupt officials accountable, recover their ill-gotten gains, deny safe haven to kleptocrats and combat impunity and insecurity across the African continent.
I appreciate the interest that you have shown by tuning in for this webcast — I look forward to answering your questions.
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