Title: Fostering transparency and preventing corruption in Jamaica
Edited by: Laura Newman
Reviewed by: Balford Henry
Publisher: The Carter Center
IT IS very disappointing that a year after Parliament passed the controversial Corruption Prevention Act, we are still awaiting the regulations necessary to make it effective.
Albeit a Corruption Prevention Commission has been formed, the Commission is rudderless without the regulations to guide its work. For example, it will need to know what level of civil servants are required to make annual, statutory declarations before demanding the declarations, and what are the rules for non-governmental employees active in the public sector, for example on public boards including school boards, before drawing them into the net.
Initial reaction suggests cowardice on the part of the Government to face down employee-reaction to the provisions, or that having been drawn under the provisions of the Act via an amendment to the Parliament (Integrity of Members) Act the politicians fear being intimidated by the provisions.
A more acceptable explanation, however, is that with this being an election year, the Government does not wish to anger its large number of employees, who are very concerned about the fact that the Bill features an inversion of the burden of proof, requiring the accused person to show proof of legitimate acquisition of wealth, which crime Bills do not require of common criminals.
In the meantime, however, interest has also grown in the debate on the Access to Information Bill, which is currently before a House committee headed by Minister of Information, Colin Campbell.
And, while we await Government's next move in the processing of both Acts which are central to the issue of transparency in public life, we can have a look at the Carter Center's new publication, Fostering Transparency and Preventing Corruption in Jamaica.
Two years ago the United States- based Carter Center published Combating Corruption in Jamaica, A Citizen's Guide, with Jamaican scholars and legal analysts critiquing emerging legislation.
The guide was such a hit, buoyed by the interest generated by the debate in Parliament on the Corruption Prevention Bill, they ran short of copies within weeks.
So this year, the Center teamed with the Media Association of Jamaica and collaborated with experts from Jamaica, Canada, South Africa. the United Kingdom and the United States to create the 97-page follow-up, Fostering Transparency and Preventing Corruption in Jamaica, providing new material to help inform Jamaicans on the process of increasing transparency in public life.
There are contributions from Dr. Trevor Munroe, Dr. Lloyd Barnett, Bertran de Speville, Mark Davies, Alasdair Roberts, Richard Calland, as well as Mr. Campbell.
In his article, "Transforming Jamaican Democracy Through Transparency:" A Famework for Action, Dr. Munroe, Professor of Government at the University of the West Indies, concludes that there has been serious decay in Jamaican democratic institutions, leading to growing dissatisfaction with the performance of the system.
"There is widespread recognition of the need for Jamaican democracy to become more open, transparent, accountable and participatory," Dr. Munroe suggests, while admitting that "this is easier said than done, as the focus of change encounters strong resistance from inertia, conservation and corruption within the system."
The currency of these views are highlighted by the breaking scandals involving the allocation of contracts and the spending of public funds in the Operation PRIDE projects, as well as the disbursement of Intech funds to foreign investors.
He suggests, in addition to the news Acts, "greater levels of sustained activism and sophisticated organisation on the part of civil society."
In his article, 'Corruption: Challenges to Human Rights, Citizens' Security and Good Governance,' Dr. Barnett, an expert on constitutional rights, proposed "no further delay in tackling the interconnected problems of corruption, security and human rights."
According to him, the psychological effects of corruption and violence and their impact on the economy, and the sense of injustice and deprivation they engender, contribute to an unhealthy body politic. In the circumstances, progress will have to be dependent on an atmosphere of transparency, justice, security and urgency.
de Speville, the former commissioner of Hong Kong anti-corruption commission, suggests a step by step approach to building a campaign against corruption.
"It is important that consensus should continue to be built at each stage, in ever widening circles, so that before long the consensus becomes nationwide," says de Speville. He adds that through these steps, corruption, in the long term, will be reduced to the point where it can no longer undermine and hamper development.
Davies, Executive director of the New York City Conflicts of Interest Board, writes about 'Ethics in Government and the Issue of Conflict of Interests,' while Calland, head of the Open Democracy Advice Centre in Cape Town and Campbell writes about issues pertaining to the Access To Information Act.
The book is edited by Laura Newman, senior programme director associate for the Americas Program at the Carter Center.
