EVERY year December 9 marks the International Anti-Corruption Day.
The date commemorates the declaration of the United Nations Convention against Corruption (UNCAC). The significance of the date marked considerable achievement of member states to the first international law to fight against corruption.
Since the adoption of the UNCAC as a first universal anti-corruption law, 178 countries including Brunei have become parties to the convention. The objective of commemorating International Anti-Corruption Day is to raise awareness on corruption and of the role of the convention in combating and preventing corruption.
This year, the United Nations Development Programme (UNDP) and United Nations Office on Drugs and Crime (UNODC) have announced that the theme for the International Anti-Corruption Day 2015 is “Break the Corruption Chain”.
The 2015 joint international campaign focuses on how corruption undermines democracy and the rule of law, leads to human rights violations, distorts markets, erodes quality of life and allows organised crime, terrorism and other threats to human security to flourish.
In this regard, governments, the private sector, non-governmental organisations, the media and citizens play a pivotal role in fighting corruption and as such should take a stand to “break the corrupt chain”.
BREAK THE CORRUPTION CHAIN
The International Community through the United Nations had recognised that corruption is the single greatest obstacle to economic and social development around the world.
According to UNODC, every year $1 trillion is paid in bribes while an estimated $2.6 trillion are stolen annually through corruption – a sum equivalent to more than five per cent of the global GDP. In addition, UNDP stated that funds lost to corruption are estimated at 10 times the amount of official development assistance.
That corruption does not just steal money from where it is needed the most; it leads to weak governance, which in turn can fuel organised criminal networks and promote transnational crimes such as human trafficking, arms and migrant smuggling and counterfeiting.
As such, corruption affects everyone where it stifles economic growth as well as social development and contributes to governmental instability.
Therefore, how do we break the corruption chain? It is crucial to recognise that preventing and combating corruption requires comprehensive approach that involves the importance of accountability and transparency as well as participation of various segments of society.
The government, private sectors, civil society organisation, the media and general public have to work together to curb corruption. The relevant stakeholders are urged to unite in the effort in combating and preventing corruption.
His Majesty Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah ibni Al-Marhum Sultan Haji Omar ‘Ali Saifuddien Sa’adul Khairi Waddien, Sultan and Yang Di-Pertuan of Brunei Darussalam’s visit to Anti-Corruption Bureau in conjunction with the launching of Anti-Corruption Campaign and official opening of Anti-Corruption Bureau’s Office on May 12, 1992
An officer of the Anti-Corruption Bureau during a Tahlil at the Royal Mausoleum at Jalan Tutong in con-junction with International Anti-Corruption Day 2015
Mass Asar prayer in conjunction with International Anti-Corruption Day held at the new Anti-Corruption Bureau building in Jalan Pembangunan Bandar Seri Begawan. – PHOTOS COURTESY OF ACB
UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC)
The United Nations Convention against Corruption (UNCAC) is a legally binding international anti-corruption instrument that provides a unique opportunity to mount a global response to a global problem.
The UNCAC was first adopted by the United Nations General Assembly in December 2003 in Merida, Mexico. It is the first global framework to harmonise anti-corruption efforts worldwide. The convention entered into force in December 2005; as of November 2015, 178 countries have become parties to the UNCAC.
The convention is an extraordinary agreement for not only its global reach but also for its extensive and detailed provisions. The UNCAC embodies a comprehensive approach to corruption.
One of the provisions under the convention stressed the importance that member states establish an independent anti-corruption body to implement punitive and preventive measures in combating corruption.
With the adoption of the UNCAC in 2003, a Conference of the State Parties (COSP) to the convention was set up with the objective to monitor progress of member states implementation and review of compliance of actions required under the convention.
At its third session, held in Doha from November 9 – 13, 2009, the Conference of the States Parties to the United Nations Convention against Corruption adopted resolution 3/1, entitled “Review mechanism”.
In that resolution, the conference recalled article 63 of the United Nations Convention against Corruption, especially paragraph 7, according to which the conference should establish, if it deemed it necessary, any appropriate mechanism or body to assist in the effective implementation of the convention.
Brunei Darussalam has completed the first cycle of the implementation review mechanism on Chapter III (Criminalisation and Law Enforcement) and IV (International Cooperation) of the UNCAC in 2012.
The second review cycle of the implementation review mechanism on Chapter II and V (Preventive Measures and Asset Recovery) of the United Nations Convention Against Corruption will begin in 2016 which was endorsed in the last Conference of State Parties Meeting in St Petersburgh, Russian Federation.
ESTABLISHMENT OF ANTI-CORRUPTION BUREAU (ACB), BRUNEI DARUSSALAM 1982
The Anti-Corruption Bureau was established on February 1, 1982. This made the bureau the 4th oldest anti-corruption agency in the Asia-Pacific region after Corrupt Practices Investigation Bureau, Singapore (1952), Malaysia Anti-Corruption Commission, Malaysia (1967), Independent Commission against Commission (ICAC), Hong Kong (1974).
This is a testament of the far-sighted vision of His Majesty Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah ibni Al-Marhum Sultan Haji Omar ‘Ali Saifuddien Sa’adul Khairi Waddien, Sultan and Yang Di-Pertuan of Brunei Darussalam since back then in advancing the course to enhance integrity of the public service, and to put in place measures for checks and balance in the conduct of public officials, and also conduct of businesses in all sectors with the aim of ensuring good and ethical governance.
His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam, announced at the opening of the State Legislative Council on December 12, 1981, the formation of an agency that will be tasked to uphold integrity of the public service and to hold accountable persons strayed in corruption to justice. The excerpt of His Majesty’s titah stated:
“I strongly emphasise the need to uphold integrity and trust based on the teaching of Islam, and I in the strongest term prohibit any form of corruption. Insya Allah, I will take firm actions to prevent any form of corruption among officers in my government.”
Following the announcement, an Emergency Prevention of Corruption Order had entered into force on January 1, 1982, this was followed with the establishment of an anti-corruption agency in Brunei Darussalam on February 1, 1982.
His Majesty’s firm position against corruption was reiterated in a recent titah during a visit to the Royal Brunei Police Force on March 31 in 2015, where His Majesty stressed on “the importance of saving the nation and country from the evil hands of corruption and to fight it with all our might. Corruption is a disease and it is an agent of destruction”.
His Majesty at the 70th Session of the United Nations General Assembly in New York on September 30, 2015 underlined that “Brunei Darussalam firmly believes that tolerance, compassion and social harmony are essential for lasting peace and security… In our region, Asean member states shared principles of territorial integrity; non-interference; consensus; the rule of law, and good governance guide our efforts towards closer cooperation for peace stability and prosperity”.
The Anti-Corruption Bureau, Brunei Darussalam is also one of the co-founder of the Memorandum of Understanding (MoU) on Preventing and Combating Corruption, Southeast Asia Parties Against Corruption (SEAPAC).
The MoU was signed on December 15, 2004, in Jakarta, Indonesia together with other agencies such as Corrupt Practices Investigation Bureau, Singapore (CPIB), Malaysian Anti-Corruption Commission (MACC) and Corruption Eradication Commission (CEC), Indonesia. Now, the MoU have extended to all the Asean member countries.
This year, the 11th Meeting of the Memorandum of Understanding on Preventing and Combating Corruption, SEAPAC was hosted in Bandar Seri Begawan Brunei Darussalam on December 1 – 3.
The theme of the meeting was “Educating against Corruption: Fostering a Culture of Integrity”. The meeting provides a platform for SEA-PAC members to share and learn the development adopted by other anti corruption agencies, as well as to explore new and innovative preventive measures and strategies in combating corruption through education and engagement of youth.
ANTI-CORRUPTION BUREAU’S EFFORT IN COMBATTING CORRUPTION
The very foundation of the objective of the Prevention of Corruption Act implemented by the Government of His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam is to root out corruption from whatever the source.
Hence the law provides authority for the Anti-Corruption Bureau to investigate corruption in all sectors, public or private including private to private transactions.
In the holistic task taken by the Anti-Corruption Bureau since its establishment in 1982, 3062 cases have been investigated by the bureau ranging from offences of corruption, such as in giving and receiving of bribery, criminal breach of trust, submitting false financial claims, cheating and sexual gratification.
Out of that number of cases, 344 individuals and two companies were charged in court actions, 247 individuals and two companies were convicted in the courts, and sentenced with imprisonment and fined.
In addition to the total convictions mentioned, 210 individuals involving public servants, as a result of investigation by the bureau have been reprimanded with administrative punitive action for various offences.
The action taken ranged from dismissal, suspension, demotion, sanction of financial incentives such as annual bonus, and demerits to their performance appraisal. The misconduct committed by the public servant involve the use of their position for personal gain, conflict of interest for showing favour or disfavour in their official dealings as public servant.
The endeavour of combating corruption needs to be a collective effort with a whole-of-government effort involving the improvement of administrative processes within the public sector, as well as improvement of corporate governance standard within the private sector.
Both the public and private sectors ultimately have key roles to play particularly in providing a comprehensive and systematic check and balance and strong and consistent will in combating corruption such as devising an internal risk assessment method in preventing corruption.
Recently, on March 31, 2015, His Majesty reiterated the government stance against corruption during his visit to the Royal Brunei Police Force where His Majesty stressed on “Bribery is undoubtedly dangerous to the nation. Because of corrupt practices the government machinery can be adversely affected, and when the government machinery is affected, the provision of services to the people will be compromised”.
His Majesty further added in his titah, “Both the bribe-giver and bribe-taker should be punished equally… Both are guilty and deserve to be punished in Hell as promised by Allah the Almighty.”
MISCONDUCT IN THE PUBLIC OFFICE (AMENDMENT OF THE PREVENTION OF CORRUPTION ACT)
Having effective law provides the basis for the fight against corruption. In this regard, laws governing corruption offences must be reviewed periodically, if necessary to ensure it is up to date and relevant. The powers of enforcement must be well provisioned to ensure effective investigation and prosecution.
In this regard, with the consent of His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam an amendment to the Prevention of Corruption Act was introduced on September 22, 2015 to address abuse of power and misconduct in the public office.
The new laws include criminalisation of actions such as using state funds for personal use, giving favourable treatment to individuals and deliberate negligence in executing duties as a public officer. The offence carries a fine of $30,000 or imprisonment for a term that may extend to seven years.
This new amendment under the PCA were reviewed and conducted together with the Attorney General’s Chambers. The amendment of the law will equip Brunei Darussalam for the upcoming Second Cycle of the Implementation Review Mechanism of the United Nations Convention Against Corruption on Chapter II and V (Preventive Measures and Asset Recovery) which will begin in 2016 which was endorsed in the last Conference of State Parties Meeting in St Petersburgh, Russian Federation.
Article 7 of the convention stipulates the requirement for state parties in accordance with the fundamental principles of its legal system, endeavour to adopt, maintain and strengthen systems for the recruitment, hiring, retention, promotion and retirement of civil servants based on principle of efficiency, transparency and objective criteria such as merit, equity and aptitude.
As part of the action plan from the introduction of the Misconduct of the Public Office government departments and public bodies will reach out to as many people possible to educate understanding of this offence – misconduct in public office, warranting a prosecution under the new law as opposed to the limitation before that it was only enforceable against public servant as an administrative disciplinary offence.
COMMEMORATING INTERNATIONAL ANTI-CORRUPTION DAY 2015
The Anti-Corruption Bureau in commemorating the International Day against Corruption 2015 yesterday held a religious ceremony in conjunction with International Anti-Corruption Day 2015.
The officer of the Anti-Corruption Bureau held a Tahlil at the Royal Mausoleum at Jalan Tutong. The Tahlil was for the late parents of His Majesty, Al-Marhum Sultan Haji Omar ‘Ali Saifuddien Sa’adul Khairi Waddien ibni Al-Marhum Sultan Muhammad Jamalul Alam and Al-Marhumah Duli Raja Isteri Pengiran Anak Damit binti Al-Marhum Pengiran Bendahara Pengiran Anak Abdul Rahman.
The recitations of Surah Yaasiin and Tahlil were led by Imam of Duli Pengiran Muda Mahkota Pengiran Muda Haji Al-Muhtadee Billah Mosque, Kampong Tamoi, Imam Awang Faizal bin Janif @Rosli.
In addition, the bureau also held a mass Asar prayer in conjunction with International Anti-Corruption Day 2015. The ceremony took place at the new building Anti-Corruption Bureau, Jalan Pembangunan Bandar Seri Begawan.
The ceremony was led by Dato Paduka Haji Mohd Juanda bin Haji A Rashid, Director of Anti-Corruption Bureau and Permanent Secretary (Law and Welfare) at the Prime Minister’s Office as well as senior officers from the bureau and officials and students of Institut Tahfiz Al-Quran Sultan Haji Hassanal Bolkiah. – Courtesy of ACB
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