REPORT OF THE GENERAL DISCUSSION
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Co-Rapporteur

Mr. Georgi Rupchev
Ms. Ana Maria Rosero Rivas
Mr. Raymundo Julio A. Olaguer
Mr. Saito Masato
Mr. Kaspars Dreimanis(Bulgaria)(Ecuador)(Philippines)(Japan)(Latvia)

Members

Ms. Mariana Lara Palacios
Ms. Soraya Lizette Morales
Mr. Souphy Norintha
Mr. Jacques Randrianasolo
Mr. Ganesh Babu Aryal
Mr. Rana Zahoor Ahmad
Mr. Fred Saeni
Mr. Sukit Chua-intra
Mr. Thammarat Limkulpong
Mr. Tashiro Masahiro
Mr. Tomita Kan(Guatemala)(Honduras)(Lao PDR)(Madagascar)(Nepal)(Pakistan)(Solomon Islands)(Thailand)(Thailand)(Japan)(Japan)Visiting Experts

Mr. Kwok Man-wai, Tony
Mr. John Pritchard(Hong Kong)(Australia)

Advisers

Director Kunihiko Sakai
Deputy Director Tomoko Akane
Prof. Motoo Noguchi
Prof. Keisuke Senta
Prof. Takafumi Sato
Prof. Iichiro Sakata(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)

I. INTRODUCTION
This Final Report is the result of four General Discussion sessions which were conducted over two daysby the above course participants, visiting experts and advisers.

Paradigm ShiftHistory reveals that the idea of corruption has not always been an open topic. Discussions on corruption
are usually made in whispers and in secret to prevent possible persecution, ostracism, and alienation.
Consequently, tyranny and corruption characterized most governments and corrupt government officials
enjoyed the fruits of corruption without obstacle.
The last three decades have seen a radical shift in the perception of corruption. The social malaise hascome to be recognized and the general public has become aware, not only of its existence, but more
importantly, its adverse effects on society. The fear and anxiety that came with discussion of corruption in
the open slowly melted in the sunshine of public awareness. Significantly, peoples of the world grew to abhor
corruption.
The present course marks a gigantic step in the paradigm shift the world is presently experiencing.

II. WEAKNESSES IN ANTI-CORRUPTION MEASURES
A. Legislation
Most of the participating countries have corruption punishable by the Penal Code only. A great majorityof the participants believe that their laws are sufficient to criminalize corrupt acts. The problem, however, isin the actual implementation of those laws and the corrupt officials in government.

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B. Investigation
1. Investigation Authorities
Most of the participating countries have specialized investigative authorities against corruption.
The majority of the participating countries do not appear to have functionally independent agencies which
are capable enough to be relied upon. It seems that the investigators and prosecutors in these countries do
not deal with corruption properly. This is because their anti-corruption agencies may be open to informal
influence by high-ranking officials that constitute several levels of hierarchical bureaucracy. If theirinvestigators or prosecutors do not adhere to the decisions of their superiors they may risk losing their jobs.
2. Investigative Tools(i) Most participating countries do not have the power to conduct wiretapping which is inadmissible inevidence while the majority of the participating countries have access to bank accounts during theinvestigation stage.
(ii) Almost all participating countries have the power to conduct compulsory investigation (arrest,
search, etc.) as well as use undercover agents and the power of entrapment. Most of the participant
countries do not have judicial bargaining.
3. Reporting from the Public
Most participating countries do not have measures for anonymous complaints, thus complaints against
officials for corruption are quite rare due to fear of reprisal. Not much protection is given to whistle-blowers.

C. Trials
It appears that a minority of the participating countries have a judiciary that enjoys the trust of thegeneral public. The judiciary in the other countries is not sufficiently independent to make fair judgments incorruption cases. Sometimes even the judiciary itself is corrupt.
D. Lack of Political Will
The majority of the participating countries experience lack of political will in stamping out corruption in
their respective measures against negative bureaucratic behaviour. Political will to eradicate corruption canbe described as the readiness and willingness on the part of the government and the citizenry as a whole doso. It cannot be denied that, unfortunately, the governments of the participating countries consist mostly of
officials who belong to the old paradigm wherein corruption was still considered as normal bureaucratic
behaviour. This old school of thought obviously is crumbling in highly developed countries of the world but
is still predominant in developing countries.
Due to the prevailing culture of corruption in governments of developing states, it is quite natural that
their citizenry would adhere to such an arrangement. Obviously, they are left with no choice but to be part ofsuch a culture lest they be ostracized as social deviants.

E. Lack of a Code of Ethics
The majority of the participating countries do not possess a code of ethics. A code of ethics serves as a
general guideline for government officials and employees to observe in the course of their official duties andfunctions. It is usually embodied in legislation. It underlines moral uprightness, official honesty andtransparency, an appropriate standard of living, and such other matters related to clean and honest
governance at the personal level. This may be viewed as closely linked with lack of political will as,
naturally; a government characterized by rampant corruption would not be minded to draw up a code of
ethics.
A country where a code of ethics is wanting surely cannot have effective measures to fight corruption as
there would not be a crucible on which corrupt activity is measured and identified.

F. Low Salaries of Government Officials and Employees
Again, all the participating countries, save for Japan, have low salaries for their government officials andemployees. In Japan, every year, the salaries of public servants are compared and adjusted to those of
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participating countries. The average take-home pay of an ordinary government employee in a typicaldeveloping country is barely enough to answer for their periodic expenses such as, but not limited to, food,clothing, shelter, education, electricity, and telephone bills.
The low salary of government employees was identified as one of the main causes of corruption. Due tothe scarcity of funds, government employees are often forced to engage in activities that are not entirely
accepted as correct bureaucratic behaviour. It is not uncommon that an ordinary policeman or a clerk in thevehicle licensing agency in a developing country would not think twice about receiving, worse, evendemanding, a certain amount from traffic rules violators or applicants for renewal of vehicle registration.
It is, however, posited that the low salary of government employees is non sequitur and should not be
underscored as a major cause of corruption since corruption is even more rampant and on a larger scale
when it comes to high-ranking officials. Also, it cannot be said that the low salary of government employees
is part of a vicious cycle revolving around corruption. Public servants suffer low salaries due to a corrupt
government that, in turn, suffers lack of public funds to raise the salaries of government employees due toerosion of public funds lost to corruption.

G. Lack of Education Concerning Corruption
Education is undoubtedly a very important factor in the fight against corruption. The general public must
be immersed in the knowledge of the existence of corruption, its pernicious effects on society and theeconomy, and, most of all that corruption does not pay.
A great majority of the participating countries have no education with regard to corruption. As a result,the masses have accepted corruption as a normal occurrence in their culture and social life. Such a situation
creates the defeatist impression that nothing can be done about corruption. In some countries, corrupt
officials occupying high-ranking positions are bestowed respect by the poor and uneducated people.

H. Lack of Cooperation between the Citizens and the Government in Anti-Corruption Measures
It is a fact that no measure against corruption can be entirely successful without the active cooperation of
the public. Anti-corruption agencies should have the full cooperation of the citizenry. This is not true in theparticipating countries.
The general public does not cooperate with anti-corruption measures because of the fear of possible
negative repercussions and because of the loss of trust and confidence in the government. Hence, citizens
are in a lethargic state and do not report corrupt practices and instead turn a blind eye on shenanigans ingovernment. Even victims of corrupt acts suffer in silence rather than live a life of endless paranoia of whatmight happen to them if they report the corrupt act.

I. Lack of Personnel in Anti-Corruption Agencies
Anti-corruption agencies in some of the participating countries are lacking investigators and prosecutors.
Consequently, investigators and prosecutors handle more than the number of cases they can effectively
handle.
This is also related to the low salary of investigators and prosecutors. Most often, the best lawyers do notfind it practical to pursue a career in government, especially in a high-risk, thankless, and low-paying job in
anti-corruption agencies. Consequently, the anti-corruption agencies are undermanned which is a major
obstacle in the war against corruption.

J. Lack of Training
Anti-corruption agencies also suffer from a lack of training in basic skills in anti-corruption measures ininvestigation and prosecution. Most often, investigators and prosecutors merely learn the rudiments ofinvestigation and prosecution in the course of their work. Thus, we see a scenario where an inexperienced
neophyte investigator or prosecutor handles cases of corruption resulting in the eventual dismissal of thecase due to lack of training.
The weaknesses of a lack of personnel training are caused by a lack of budgetary support. Most
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vicious cycle consisting of a lack of resources to fund effective anti-corruption machinery which is itself
caused by a cash-strapped corrupt government.

III. SOLUTIONS
A. Legislation
More vigilance, involvement, awareness, and strategy on the part of anti-corruption agency officials andmore political will should be harnessed.
The participating countries stated that their Penal Codes or special laws on corruption do not specificallydefine the term – corruption, but define crimes of corruption. All agree that the definition of corruption itself
is not necessary in the Penal Code. All participants have the same understanding regarding public officials.
The laws of most participants` countries do not have differences in penalty corresponding to the official rankof the public official. However, in practice a higher penalty is imposed on higher ranking officials according to
the discretion of the Court.

B. Investigation
The specialized agencies should be independent constitutionally, structurally, functionally and financially.
Financially means a fixed budget e.g. ICAC Hong Kong which enjoys 0.3% of the annual budget. Legislation
allowing wiretapping and access to bank accounts in the investigation of corruption. The right to privacy
must be balanced with the interests of the state and public welfare in accordance with the doctrine of police
power.
The requirements for access to the transaction records of banks and financial institutions should be
liberalized and made easier for investigations to prosper.

C. Reporting from the Public
Anonymous complaints should be allowed and report centres should be established to receive thesecomplaints. Protection should be given to whistle-blowers by means of legislation (safe houses, bodyguards,etc.) for serious cases.
D. Trials
The system of appointment of judges should be transparent and based strictly on integrity and skill. In
the course of the training, it was found that the judicial system of Japan has been working successfully, andthis experience helped the participants to bring some positive ideas for their respective judicial systems. For
example, in Japan, the applicants for the position of judges are trained by the Legal Training and ResearchInstitute and chosen by the Supreme Court which nominates them to the Cabinet for approval. The Cabinet
almost always approves such nominations in practice.
E. Education
As mentioned above, education is the primary tool to instil the necessity of a clean and honest
government for the attainment of a socially just society. The norms of conduct that tolerated corruption as
an accepted way of life can only be removed by education.
Education should come in the form of school orientation as well as media advertisements depicting theundesirable effects of corruption on the society as a whole, and on the individual, in particular.

F. Legislation of a Code of Ethics for Government Officials and Employees
Legislative bodies should enact laws embodying a code of ethics to be strictly enforced by anti-corruption
agencies and the courts. This code of ethics should be completely disseminated to all public servants andseminars and workshops should be held to ensure that all public servants are aware of this.
G. Adequate Opportunity for the Mass Media to Investigate and Report Corruption
In many countries, depending on their institutional structures, mass communication should be equippedwith adequate opportunities to inquire into government transactions and to detect corruption objectively.
Reporting corruption to the public is an effective deterrent on government officials and employees fromcommitting corruption as no one would want to be known as a corrupt official. In fact, this deterrent comes

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even before actual conviction for a crime in a court of law.

H. A Sound Recruitment System for Public Servants Based on Merit, Skill, and Integrity
An independent Civil Service Commission should be in place to oversee the recruitment and promotion
process of government officials and employees. It should be independent so as not to be unduly influenced
by the powers that be. Recruitment and promotion should truly be based on exact measurements of merit,
integrity and skill.
I. Higher Salaries for Government Officials and Employees
An effective incentive for government officials and employees to forget about corruption is a salary thatwould best cover their expenses for decent and comfortable living conditions. This should include provisions
for education of their children to provide them with a bright future.
J. Higher Mandatory Budgetary Allocations for Anti-Corruption Agencies and Measures
Anti-corruption measures cannot be truly effective without the budgetary support of government. As
mentioned above, a fixed budget commensurate to a reasonable percentage of the annual budget should beallocated for anti-corruption measures. This will ultimately solve the problem of the low salaries ofinvestigators and prosecutors, the lack of investigators and prosecutors, and their lack of training.
K. Domestic and International Training of Investigators and Prosecutors in Anti-corruption Agencies
and Justice Departments in the Skills, Techniques, and Strategies in Anti-Corruption Activities
With financially viable anti-corruption machinery, training of investigators and prosecutors, both domestic
and international, is possible. This will spurn a truly effective campaign against corruption with personnel
specially trained in the field of anti-corruption measures. As a result, ICAC Hong Kong and ICAC Australia
may be replicated in our countries.
L. International Cooperation in the Field of Anti-Corruption Measures
Participation in international conventions such as the U. N. Convention against Corruption is a must if wewant to see a holistic approach against corruption. The provisions in these international instruments should
serve as a model for all anti-corruption legislation. Further, international cooperation in terms of extradition,transfer of persons, and transfer of proceedings would surely produce a favourable impact in the fight against
corruption.
In addition, informal international help measures should also be resorted to for a flexible and quick
response against corrupt officials who have fled the country and are seeking refuge in a foreign land.

IV. CONCLUSIONFighting corruption is a lonely and risky job; lonely, because societies in developing countries still cling to
the myth that corruption is an accepted way of life, and risky, because the persons being investigated andprosecuted occupy positions in the government. It is just and proper that considerable significance must beafforded to anti-corruption measures. This is to protect the very government from itself and avert the moral
degradation and economic crisis that is indubitably caused by the cancer of corruption. It’s a tough job but
somebody’s got to do it.
The participants of this course have to do it. The investigators and prosecutors in the anti-corruption
agencies have to do it. And the citizens also have to do it. To complete the paradigm shift, every single
individual in society must do his or her share in eradicating corruption. At the end of the day, no one isspared from being a victim of this social scourge.
Corruption is the effect of the mistaken notion of short-cuts to financial success. Corrupt officials don’t
want to wait in line, don’t want to work hard for their compensation, and don’t want to live simple and honest
lives. One finds truth in the adage that money is the root of all evil. Siddhartha Gautama, otherwise known
as Buddha, said that desire leads to suffering. As long as we desire material wealth and the good life, we willcontinually suffer since nothing in this material world can ever satisfy our wants. In short, desire takes away
our freedom.

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It is our duty to keep our peoples free. Freedom from corruption is our goal. This can only be achieved bystrong political will, an educated citizenry, and an effective anti-corruption campaign. Sending corrupt
officials to jail will send a clear message to all that corruption does not and will not pay. This will have theeffect of deterrence on the part of government officials and employees who are minded to commit corrupt
acts.
Only with this environment will the government regain the trust and confidence of its people. Only thenshall we enjoy the fruits of a truly just society.

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