This book brings together leading African scholars and researchers from various academic disciplines, cultures, religions, and generations. It examines how to better mobilise and influence the actions, behaviour and attitudes of citizens towards accountability, transparency, and probity, in order to strengthen Africa’s integrity, equity, and sustainable development. It serves to deepen and strategically add to current efforts to combat corruption, and clearly advocates that fighting corruption is the business of everyone. The role of ethics in society and the presence of leaders who ideally should be ethical, effective, and empathic are also important. This volume shows that corruption robs the poor, and will serve to enrich the reader’s philosophy of life.
This book brings together leading African scholars and researchers from various academic disciplines, cultures, religions, and generations. It examines how to better mobilise and influence the actions, behaviour and attitudes of citizens towards accountability, transparency, and probity, in order to strengthen Africaâ (TM)s integrity, equity, and sustainable development. It serves to deepen and strategically add to current efforts to combat corruption, and clearly advocates that fighting corruption is the business of everyone. The role of ethics in society and the presence of leaders who ideally should be ethical, effective, and empathic are also important. This volume shows that corruption robs the poor, and will serve to enrich the readerâ (TM)s philosophy of life.
This is a truly excellent book: wide-ranging, meticulous scholarship, very well written and easy to read. It should be on the desks of every senior civil servant, government lawyer and politician in every African country. After this book, there is no excuse for not having in place the necessary legal framework and equally important, for not using that legal framework to combat corruption.' - Patrick McAuslan, Birkbeck University of London, UK Drawing on numerous recent examples of good and bad practice from around the continent, this insightful volume explores the legal issues involved in developing and enhancing good governance and accountability within African states, as well as addressing the need for other states worldwide to demonstrate the 'transnational political will' to support these efforts. John Hatchard considers the need for good governance, accountability and integrity in both the public and private sector. He studies how these issues are reflected in both the African Union Convention on Preventing and Combating Corruption and the United Nations Convention Against Corruption. The book demonstrates that despite the vast majority of African states being party to these conventions, in practice, many of them continue to experience problems of bad governance, corporate bribery and the looting of state assets. It explores how the 'art of persuasion' can help develop the necessary political will through which to address these challenges at both the national and transnational levels. This unique and influential book will be of worldwide interest to those studying law, politics or business, as well as legal practitioners, policymakers, senior public officials, parliamentarians, law reformers, civil society organizations and the corporate sector. Contents Introduction 1. Setting the Scene: Law and Persuasion 2. Law and Governance in Africa: Supporting Integrity and Combating Corruption 3. Preventive Measures: Maintaining Integrity in the Public Service 4. When Things Go Wrong: Addressing Integrity Problems in the Public Service 5. Constitutions, Constitutional Rights and Combating Corruption: Exploring the Links 6. Investigating and Prosecuting Corruption Related Offences: Challenges and Realities 7. National Anti-corruption Bodies: A Key Good Governance Requirement? 8. Judges: Independence, Integrity and Accountability 9. Combating Corruption: 'Persuasion' and the Private Sector 10. Preventing the Looting of State Assets: Combating Corruption-Related Money Laundering 11. Preventing Public Officials from Enjoying their Proceeds of Corruption 12. Law, Political Will and the Art of Persuasion Bibliography Index
Bringing together a distinguished cast of contributors, the book provides an authoritative and definitive analysis of the theory, practice and development impact of corruption in Africa. Combating corruption is demonstrated to require greater priority in the quest for African development.
This book investigates the pervasive problem of corruption across the Middle East and North Africa. Drawing on the specifics of the local context, the book explores how corruption in the region is actuated through informal practices that coexist and work in parallel to formal institutions. When informal practices become vehicles for corruption, they can have negative ripple effects across many aspects of society, but on the other hand, informal practices could also have the potential to be leveraged to reinforce formal institutions to help fight corruption. Drawing on a range of cases including Morocco, Lebanon, Turkey, Jordan, Tunisia or Israel the book first explores the mechanisms and dynamics of corruption and informal practices in the region, before looking at the successes and failures of anti-corruption initiatives. The final section focuses on gender perspectives on corruption, which are often overlooked in corruption literature, and the role of women in the Middle East. With insights drawn from a range of disciplines, this book will be of interest to researchers and students across political science, philosophy, socio-legal studies, public administration, and Middle Eastern studies, as well as to policy makers and practitioners working in the region.
This collected work, written primarily by practical theologians, reflects on the phenomenon of corruption in the liberal democracy of post-apartheid South Africa. Liberal democracy has considerable salience in the contemporary world. Not only is it the form that many of the world’s most powerful and influential nations approve of, but it is a political system that has been tried – and used – by many developing countries. South Africa is described as predominantly Christian, and in such a context corruption should not be expected. However, it is strongly prevalent and undermines the values of both democracy and Christianity. Not only does corruption promote a general lack of trust in institutions and leadership, but it stimulates a perpetual culture of corruption that invades all spheres of life. The book suggests strategies for redressing the current ‘culture of corruption’. Although the chapters represent different perspectives, the shared objective is to emphasise that corruption is unethical, as well as to describe and explain why it is taking place and how the situation should appear. The explanation focuses on the negative consequence of corruption: it does not respect human dignity or the ‘otherness’ of others; it exacerbates poverty; it weakens religious values and norms; and it is not conducive to social cohesion in the country. The authors also share the theological premise that God is present in this world. In the kingdom of God, believers are encouraged to participate in the ‘clean-up’ process which includes combating the phenomenon of corruption.
This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption. The book makes three major points regarding the relationship between corruption and human rights law. First, corruption per se is a human rights violation, insofar as it interferes with the right of the people to dispose of their natural wealth and resources and thereby increases poverty and frustrates socio-economic development. Second, corruption leads to a multitude of human rights violations. Third, the book demonstrates that human rights mechanisms have the capacity to provide more effective remedies to victims of corruption than can other criminal and civil legal mechanisms. The book takes up one of the pervasive problems of governance--large-scale corruption--to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. It examines three major aspects of human rights in practice--the importance of governing structures in the implementation and enjoyment of human rights, the relationship between corruption, poverty and underdevelopment, and the threat that systemic poverty poses to the entire human rights edifice. The book is a very significant contribution to the literature on good governance, human rights and the rule of law in Africa. Endorsements "Kolawole Olaniyan has taken up one of the pervasive problems of governance - large-scale corruption - to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. His focus is Africa, but the valuable lessons he teaches in this comprehensive study can resonate throughout the world. The result is a comprehensive and holistic legal framework for addressing some of the root causes of human rights violations and poverty, not only in Africa, but wherever corruption exists." Dinah Shelton Manatt/Ahn Professor of International Law (emeritus) The George Washington University Law School "This book demonstrates the author's mastery of complex jurisprudential and theoretical discourses. His review of the existing literature is extensive, the doctrinal analysis rigorous and the treatment of the subject innovative. Dr. Olaniyan's willingness to introduce fresh eyes to the ways in which doctrine contributes to an understanding of seemingly mundane problems lays the foundation for fertile trajectories from which future scholars can launch exciting inquiries on the relationship between corruption and human rights. Overall, this book makes an important and valuable contribution to the growth and understanding of the corruption/human rights discourse as it is presently constructed." Ndiva Kofele-Kale, University Distinguished Professor of Law, SMU Dedman School of Law, Dallas, USA.
Waging War on Corruption is a fascinating look at worldwide corruption by a leader of the global anticorruption movement. Frank Vogl draws on twenty years of experience to share a history filled stories of activists, victims, and villains; strengthening our understanding of the complexities of corruption with wisdom and integrity.
The Stellenbosch Handbooks in African Constitutional Law series engages with contemporary issues of constitutionalism in Africa. The first experiments in democratic and constitutional governance in Africa that started after independence were soon overtaken by dictatorships, and arbitrary and repressive rule. The pulling down of the Berlin Wall followed by the collapse of the Soviet Union unleashed new forces of democratization and new hopes for the establishment and entrenchment of constitutional governance and constitutionalism in Africa. This series is designed to identify, analyse, and promote serious discussion of the critical issues that can shape, refine, and deepen the consolidation of constitutionalism in Africa. Although comparative constitutional law has become a major field of legal scholarship, most of the extensive research that has been carried out has focused on long-established democracies. The only African country that has attracted sustained research interest from a comparative law perspective is South Africa. The few books that present perspectives on African comparative constitutional law focus narrowly and exclusively on developments in either Anglophone, Francophone, or Arabophone Africa without cutting across these divides. Yet, since 1990, Africa has been at the centre of profound and far-reaching constitutional developments. Little comparative research has been carried out to understand the nature of these constitutional changes, to review their impact on the ethos of constitutionalism on the continent, and to explore prospects for the future. The series aims to stimulate interest in comparative constitutional research and the different constitutional traditions operating in Africa by presenting a comprehensive analysis of the latest thinking, research, and practice. In this way, the series intends to fill the huge gap in the existing literature on comparative African constitutional law as well as point out to directions for future research. Book jacket.
The problem of corruption, however described, dates back thousands of years. Professionals working in areas such as development studies, economics and political studies, were the first to most actively analyse and publish on the topic of corruption and its negative impacts on economies, societies and politics. There was, at that time, minimal literature available on corruption and the law. The literature and discussion on bribery and corruption, as well as on the negative impact of each and what is required to address them, particularly in the legal context, are now considerable. Corruption and anti-corruption are multifaceted and multi-disciplinary. The focus now on the law and compliance, and perhaps commercial incentives, is relatively easy. However, corruption, anti-corruption and the motivations for them are complex. If we continue to discuss, debate, engage, address corruption and anti-corruption in our own disciplinary silos, we are unlikely to significantly progress the fight against corruption. What do terms such as 'culture of integrity', 'demand accountability', ‘transparency and accountability’ and ‘ethical corporate culture’ dominating the anti-corruption discourse mean, if anything, in other disciplines? If they are meaningless, what approach would practitioners in those other disciplines suggest be adopted to address corruption. What has their experience been in the field? How can the work of each discipline contribute to the work of whole and, as such, improve our work in and understanding of anti-corruption? This book seeks to answer these questions and to understand the phenomenon more comprehensively. It will be of value to researchers, academics, lawyers, legislators and students in the fields of law, anthropology, sociology, international affairs, and business.
