Thursday 2 August 2012

The Booming Ugandan Corruption bubble Requires the ASIan NO Nonsense corruption model  to Burst!!!!
With reference to the latest acquittal and discharge of 2 of the 3 former health ministers accused of mismanaging Shs. 1.6 bn meant for Global alliance for Vaccine and Immunisation(Gavi), a friend intimated that if the 2 are innocent, then Uganda’s corruption is so deep rooted that even the innocent looked guilty. The deep rootedness perception is in sync with the President’s outcry that Uganda is full of thieves” In that regard, we should treat all corruption alleged culprits as guilty till proven innocent rather than the other way round.
Corruption basically means the misuse of entrusted power for private gain. There are mainly 2 forms of corruption; Political corruption and administrative corruption. Uganda arguably is marred with both forms of corruption. Political corruption is when laws and regulations are more or less systematically abused; side stepped, ignored or even tailored by rulers to fit their interests. Public Financial management assessment 2008 notes that “Basic systems are in place, but non-compliance, violations and non-enforcement is common” which signals Uganda’s corruption is largely political. This is well demonstrated by the fact that the Ugandan government has a zero tolerance policy on corruption BUT yet again the president continuously alludes to entrenchment of corruption in his country. Similarly the African peer review mechanism noted that Uganda has the largest implementation gap that is the difference between the country's legal framework for good governance and anti-corruption and, the actual implementation/enforcement of that same legal framework. This perpetuation signals the lack of political will to tackle the problem, and has cemented the Impunity around the corrupt. 
In fact, when one reads “My time to eat by James Kemoli Amata” book, it immediately points to our corrupt banana republic- Uganda! Both domestic and international data sources of corruption allude to deteriorating or worsening trends of corruption in Uganda. The World Bank (2005) estimates that Uganda loses about 500 billion per year through corruption which represented 10% of the Budget. This implies Uganda loses a full budget year every 10 years to corruption!
The first Data Tracking Mechanism report on corruption by IGG highlighted implementation flaws at each stage of the budget cycle (planning, budgeting, accounting and reporting, auditing, and audit oversight) that lead to corruption. Virtually all spending agencies (local government or central Government) have been marred with corruption scandal at some point. The most prominent cases being the now 5 years old CHOGM, the HABA case, the UAC, NAADS, GAVI case, NMS, UNRA, NSSF the list is endless- of which these cases have common denominators or players. The IGG who publishes bi- annual reports to parliament has continuously lamented over parliament’s failure to discuss the reports he presents to them, consequently leading to non-closure of the corruption cases or least the reports will be “DEAD on ARRIVAL” by the time they are discussed.
The IGG notes syndicate corruption that is the interlinked corruption at every stage. The multicity of oversight bodies like audit offices, PAC, IGG, among others only espouses corruption rather than eradicate it. The very reason we see no service delivery at the end- because compromise likely happens at all oversight bodies. E.g. if the former accountant at OPM Kazinda is actually as rich as speculated yet he earned a salary of 1.1m UGX, it points to the fact that oversight bodies above him could have been compromised. A friend who formerly worked at LG centre (district) once told me auditor is always welcome by a brown envelope. Hypothetically Auditors, accountants, accounting officers (Permanent secretaries and CAOs), head of Government projects are rich way beyond their formal income streams. That said, the special institutions of control (ombudsmen, IGG, AG etc.) are also particularly weak, and prone to being overrun by informal politics in Uganda. Also a report from Uganda’s Inspectorate of Government (the Data Tracking Mechanism on Corruption) indicated that corruption has become worse in the police, judiciary as well as in health and education sectors.  If the enforcers or oversight bodies like judiciary or least legislature esp. PAC are corrupt, then how will corruption ever be solved? Against that backdrop- simple indicator would be “Do the PAC reports always reflect the Noise they make? Or rather the noise if for arm twisting?”
Contrary to decentralisation or creation of districts opening up voices for accountability, it exacerbates the corruption through increased networks of corruption. Anecdote evidence seems to suggest  that the presence of Inspector General of Government regional offices is confirmed to be strongly associated with reported corruption cases.
The 2011 Transparency International Index indicates a negative trend of corruption for Uganda, now ranked 143 out of 182 countries assessed from 127 out of 178 countries in 2010. Meanwhile in 2011 Rwanda continued to rank highly as the fourth least corrupt country in Africa and 49th in the world.
Although some researchers have argued that a minimal amount of corruption might be efficient because it removes government imposed or allocates scarce resources to those with the highest willingness to pay, the leading view is that on the overall; corruption has adverse effects on economic growth. Economically it affects negatively the investment climate, infrastructure (the pothole culture in Uganda), social equality as well as a tax/ significant effect on inflation which the poor as well end up paying for.
In a nutshell corruption is so politically entrenched in this country; in that there is fear that de- entrenching it will inevitably cost the current regime power.
1.      Given the lack of political will, Uganda needs a Kagame mould or Asian model of zero tolerance to register success against corruption.
2.      At the back drop of cases stalling in courts, and political interference, it is critical that While the investigation and prosecution of corruption (criminal in nature) is solely the responsibility of (1) CID in collaboration with the DPP or (2) the IG (with in-house police investigators), the Magistrate’s Courts Act (MCA), Chapter 16 makes provision under section 41 for any person to initiate criminal prosecutions, otherwise called private prosecution. There are accountability CSOs such as ACODE, ACCU, UDN and even the Uganda Law Society which have filed cases in public interest before.  However the Currently there is no law which enables private citizens in Uganda to pursue these matters by way of civil proceedings, there is need to review the laws in light of the current political interference in the judicial process
3.      As empowered by the leadership code, the IGG should validate civil servants mainly accounting officers’ income, assets and liabilities as well as those of his/her spouse, child or dependant.
4.      Use of targeted sanctions; in neighbouring Kenya and both the United States and European Union threatened targeted sanctions against stubborn political leaders in the administration who were suspected of blocking constitutional reforms and engaging in grand corruption. The sanctions included travel bans and revocation of visas for the leaders and their families.
5.      There is need for closure of the accountability cycle, the PAC reports should be followed through on time, as well the accountant general producing respective treasury memorandum.
6.      There is also need to rotate accounting officers to avoid continued collusion with suppliers or contractors. This has worked effectively in other countries as well as in some statutory agencies like URA
7.      Lastly the voice and accountability starts with you. You are the voice of change especially in light of the envisaged oil influx in a few years.  Otherwise given the prevailing corruption trends, Oil arguably will be a curse


6 comments:

  1. If according to the IGG, all insitutions supposed to demand for accountability are in cyndicate, then there is a genrational problem that even when we could change Political Leadership, it would require changing the whole public service and bringing in new people with a new Ideology, different Mentality...but where do we get these people considering a we have a population that already has accepted corruption as a means to uplift their own......???

    The Private Sector has also provided inflastructure for corruption to thrive and infact some believe if you can't cut a deal, u won't survive for so long or wont grow in business in Uganda!

    Great Piece

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  2. Again, change at the healm would be imperative, but requires the kagame model or the Asian type of model- the zero tolerence pragmatic walk against corruption. again it is so deeprooted i agree with u, that uprooting it my uproot the current regime. that said, the current crop can only be stopped with change at the top eg see KCCA changes radically with such one change that has backing politically

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  3. I think Enock is Spot On with regard to the issue of political leadership. I think its the only ingredient that is lacking in Uganda's charge towards middle income. The country is well endowed with all the beautiful natural resources and we have leaders who cannot utilize this opportunity to change the country. What we have in this country is SYSTEMIC failure....essentially what Collins alludes to as change in ideology and mentality. However, as regards treating all alledged corrupt personnel as guilty until proven innocent, that can easily become political and it will be used to weed out all those who are upright.

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  4. agreed, Unfortunately the usual routine continues to be followed in the same order. Step (1): arrest suspects; Step (2): Release them on bond. Step (3): Drag the case until Ugandans lose hope. Step (4): DPP announces that he has lost interest in the case. A lot of time wasted and more money spent on fruitless investigations that don't result into any conviction or recovery of money.

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  5. http://www.independent.co.ug/the-last-word/the-last-word/6784?task=view

    http://www.newvision.co.ug/news/637209-nine-corruption-scandals-to-look-back-at.html

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  6. http://www.newvision.co.ug/news/637196-experts-offer-solutions-to-corruption.html

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