“The Multi-Stakeholder Approach – Chance, Change, or Commotion?” Martin Kreutner Dean & Executive Secretary IACA www.iaca.int www.iaca.int Slide 1 www.iaca.int Slide 2 Corruption Feuerwehr Sprungtuch.wmv Corruption Feuerwehr Sprungtuch.wmv www.iaca.int Slide 3 • Bribes paid globally: US$ 1000 billion / year (The World Bank 2004) • Cross-border flow of global proceeds from criminal activities, corruption, and tax evasion: US$1 to 1.6 trillion / year (The World Bank 2008) • Private-sector corruption in developing countries: US$ 500 billion / year (more than three times all foreign development assistance given in 2012) (CSIS, Center for Strategic and International Studies, 2014) www.iaca.int M.KREUTNER, KREUTNER, 2015 ©©M. 2012 Slide 4 • African countries: 25% of GDPs (The World Bank 2008) • Asian countries: 17% of GDPs (The Asian Development Bank) www.iaca.int M.KREUTNER, KREUTNER, 2015 ©©M. 2010 Slide 5 • 6 out of 10 state that corruption has increased in the recent three years. • Every 4th reports to have paid bribes in the last 12 months. • 29% of all interviewees inform to have paid bribes to law enforcement officials. • 76% regard political parties as corrupt. • 54% of all interviewees think their government is largely or entirly run by groups acting in their own interests rather than for the benefit of the citizens. Source: TI‘s Global Corruption Barometer 2013 (107 countries, 114,000 interviewees, Sept. 2012 – March 2013) www.iaca.int Slide 6 • Corruption, in average, adds 10% cost to any contract. • Corruption, in average, adds 25% to the cost of public contracts. • 77 out of 144 economies surveyed by the WEF: Corruption is one of the top three challenges to conduct business. (Source: CSIS, Center for Strategic and International Studies, 2014) www.iaca.int M.KREUTNER, KREUTNER, 2015 ©©M. 2012 Slide 7 www.iaca.int Slide 8 Preventing and combating corruption is an obligation “of all States and they must cooperate with one another, with the support and involvement of individuals and groups outside the public sector, such as civil society, non-governmental organizations and communitybased organizations”. (Preambula of the UNCAC) www.iaca.int Slide 9 UNCAC – Ratifications and Signatories 178 www.iaca.int Source: UNODC 1 December 2015 Slide 10 www.iaca.int © M. KREUTNER, 2011 © M. KREUTNER, 2015 Slide 11 www.iaca.int © M. KREUTNER, 2011 © M. KREUTNER, 2015 Slide 12 17 SUSTAINABLE DEVELOPMENT GOALS www.iaca.int Adopted 25 September 2015, UNNY Slide 13 Corruption PLUS ..... www.iaca.int © M. KREUTNER, 2012 Slide 14 Nine-year-old boy dies because of unpaid bribe in hospital † Sept. 2014 A nine-year-old boy, Rausha Kumar, died at a government hospital in the northern India state of Bihar after being fitted with an empty oxygen cylinder allegedly because his family wasn't able to pay a Rs100 ($1.64) bribe. The incident was reported by India TV. It took place at Patna Medical College and Hospital late Wednesday night and was reported to police Friday, 19 September 2014. Doctors prescribed oxygen and he was fitted with an oxygen cylinder. The next day, his parents asked the hospital staff to replace the almost-empty cylinder. "However, the pharmacist in-charge, Subhash Prasad, allegedly demanded Rs100 ($1.64) from his parents to have the cylinder replaced," the report said. After the parents said they were poor and couldn't pay the bribe, Prasad allegedly connected the boy to the empty cylinder. "Sometime later, [our son] died of suffocation,” the boy’s father Surendra Sao said. Sao later filed a complaint with police against the hospital staff. - Source (230914): http://www.fcpablog.com/blog/2014/9/22/nine-year-old-boy-dies-because-of-unpaid-bribe-in-india-hosp.html#sthash.uG1pMsNh.dpuf www.iaca.int Slide 15 17 Dec 2010, Tunesia: 26 year old Tarek al-Tayeb Mohammed Bouazizi … (†) 04 Jan 2011 www.iaca.int Slide 16 AC and Human Rights United Nations General Assembly A/HRC/29/L.19, 29 June 2015 Human Rights Council, 29th session Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development 29/… The negative impact of corruption on the enjoyment of human rights […] Stresses that preventive measures are one of the most effective means of countering corruption and of avoiding its negative impact on the enjoyment of human rights, calls for the strengthening of prevention measures at all levels, and underlines that one key aspect of preventive measures is to address the needs of groups in vulnerable situations who may be the first victims of corruption; Recognizes that the negative impact of corruption on human rights and sustainable development can be combated through anti-corruption education, and notes with appreciation the capacity-building activities and specialized curricula developed by relevant institutions, such as the United Nations Office on Drugs and Crime and the International Anti-Corruption Academy. […] www.iaca.int Slide 17 5th session CoSP to the UNCAC; Panama 2013 www.iaca.int Slide 18 "Corruption is the antithesis vis-à-vis human rights, the venom vis-à-vis the rule of law, the poison for prosperity and development, the reverse of equity and equality. Investing in anti-corruption education and empowerment is therefore the smart way towards sustainable development, human rights, and the rule of law.“ 13th Session of the United Nations Crime Congress, High-Level Segment, Doha April 2015 www.iaca.int Slide 19 www.iaca.int Slide 20 „First World“ Source: www.cartoonstock.com www.iaca.int Slide 21 (Separation of) The Powers ...... The Legislative The Executive The Judiciary The Media (free and independent) Social Media (upon broad access to) www.iaca.int Slide 22 …. checks & balances …. www.iaca.int Quelle: http://www.americanprogressaction.org/cartoons/2007/09/092007_executive.html [010411] Slide 23 Quis custodiet ipsos custodes? (Who watches the watchmen?) „The sad arc of greed has finally hit the bottom. The leaders [of ...] haven proven to be mirrors of a general trend in the media world: they serve their stakeholders first, Wall Street second, and somewhat far down the list comes service to newspaper readers.“ Laurie Garrett, Pulitzer-Prize winner „News is a way of making money [...]. No one believes that news and journalism are simply a service to democracy.“ John Wilson, former controller of editorial policy at the BBC Quoted in: Nick Davis, Flat Earth News, Vintage Books London (2008) www.iaca.int Slide 24 AC (bad news) industry …. www.iaca.int © M. KREUTNER, 2012 Slide 25 English class …. „One day our country will be corruption free.“ What tense is it? Future impossible tense …. www.iaca.int Slide 26 Responsibilities .... “Civil society can and should contribute to the fight against corruption. But governments continue to have the bulk of responsibility, as they are entrusted with citizens’ power.” [OECD, Fighting Corruption – What Role for Civil Society? 2003] www.iaca.int Slide 27 www.iaca.int © M. KREUTNER, 2012 Slide 28 4 Pillar approach ۩ ۩ ۩ ۩ www.iaca.int Slide 29 An International Centre of Excellence for a New and Holistic Approach to Fighting Corruption Empowering professionals Danke www.iaca.int © Mag. Martin KREUTNER, 2003, bia1@bmi.gv.at www.iaca.int Slide 30 THE GLOBAL CONSTITUENCY Parties & Signatoreis (as of 31 December 2015) In total: 66 ratifications/accessions 53 Signatories GRECO: Observer Status (October 2011) UN ECOSOC: Observer Status (July 2011) UN General Assembly: Observer Status (Res 68/122 of 16 Dec 2013) www.iaca.int Slide 31 www.iaca.int Slide 32 INTRODUCTORY REMARKS www.iaca.int Slide 33 ¡Muchas gracias! www.iaca.int www.iaca.int Slide 35 www.iaca.int www.iaca.int Photo courtesy of Anticorruption and Integrity Program, GIZ (former: GTZ) Slide 36 ¡Muchas gracias! www.iaca.int www.iaca.int Slide 37 “Be ye ever so high, the law is above you.” Thomas Fuller (regularly quoted by Lord Justice Denning) www.iaca.int Slide 38 © M. KREUTNER, 2013 www.iaca.int Slide 39 www.iaca.int Slide 40 Quelle: http://www.ldsliberty.org/the-28-principles-of-liberty-principle-17/ [010411] www.iaca.int „I‘m thinking of getting back into crime, Luigi, legitimate business is too corrupt.“ Status: Jänner 2009 Slide 41 www.iaca.int Slide 42 www.iaca.int Slide 43 www.iaca.int Slide 44 www.iaca.int Slide 45 www.iaca.int Slide 46 www.iaca.int Slide 47 The UN process …. www.iaca.int © M. KREUTNER, 2012 Slide 48 The UN process …. www.iaca.int © M. KREUTNER, 2012 Slide 49 The UN process …. www.iaca.int © M. KREUTNER, 2012 Slide 50 The UN process …. www.iaca.int © M. KREUTNER, 2012 Slide 51 www.iaca.int Slide 52 Grand Unified AC Theory ??? www.iaca.int Slide 53 Corruptive behaviour: = untrustful behaviour? = unethical behaviour? = (social) deviant behaviour? = criminal behaviour? www.iaca.int © M. KREUTNER, 2010 © M. KREUTNER, 2015 Slide 54 ECOWAS Community Court of Justice (2010): Nigerian NGO Socio-Economic Rights and Accountability Project (SERAP) vs. Nigerian Government: Nigerians‘ right to education had been breached under the African Charter on Human Rights and Peoples‘ Rights by massive grand corruption in the public education budget. Grand corruption violation of HR recovery of $ 21,5 million (Economic Community of West African States Community Court) www.iaca.int © M. KREUTNER, 2011 © M. KREUTNER, 2015 Slide 55 „The fight against corruption is a clear business case for global companies. To be part of a company that stands for ethical and value-based behaviour, to do the right thing, to do good, ultimately is a great motivating factor and incentive for our employees, and it helps society on all levels.” Andreas C. Hoffmann, General Counsel, Siemens AG (2014) www.iaca.int © M. KREUTNER, 2015 Slide 56