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События юридической жизни
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ЗАСЛОН НА ПУТИ КОРРУПЦИИ
КРОЙТНЕР Мартин, декан и исполнительный секретарь Международной антикоррупционной академии
Австрия, Лаксенбург, Мюнхендорф штрассе, 2
E-mail: [email protected]
Автор рассуждает о противодействии таким серьезным глобальным угрозам, как коррупция, экономическое и социальное неравенство, поляризация общества, экстремизм и терроризм. Для достижения цели эффективного управления и ответственного руководства на глобальном уровне он обозначает повестку дня ООН в области устойчивого развития на период до 2030 г., дорожную карту для лучшего общего будущего, которая была единогласно принята всеми 193 государствами — членами ООН в Нью-Йорке в сентябре 2015 г. Внимание должно быть сосредоточено на решительной и устойчивой борьбе с коррупцией, что необходимо для реализации амбициозной программы — «нового глобального социального контракта». Автор также указал на тенденцию во всех странах к более эффективному применению антикоррупционного законодательства, но, как показывает практика последних 20—25 лет, невозможно бороться с коррупцией только с помощью уголовного законодательства и правоприменения. Необходимо обеспечить профилактику, просвещение и повышение осведомленности, а также региональное и международное сотрудничество. Одним из компонентов противодействия коррупции является инклюзивность — совместная работа по предотвращению и борьбе с коррупцией и призыв к совместной ответственности за эту деятельность.
Ключевые слова: коррупция, экстремизм, терроризм, устойчивое развитие.
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CHECK AGAINST DELIVERY
Martin KREUTNER, dean and executive secretary of the International Anti-Corruption Academy
2, Muenchendorfer strasse, Laxenburg, Austria
E-mail: [email protected]
The author of the present report speaks about the tackle of serious global threats such as corruption, economic and social inequality; societal polarization; and extremism and terrorism. For the achievement of the goal of good governance and responsible leadership at the global level he denotes the United Nations' 2030 Agenda for Sustainable Development, a road map for a better common future that was unanimously adopted by all 193 UN Member States in New York in September 2015. The attention should be focused at the strong and sustained fight against corruption which is essential for the realization of this ambitious agenda — a "new global social contract". The author also pointed out a trend in all countries towards more effective enforcement of anti-corruption laws but as we have clearly learned over the past 20 to 25 years, we can't tackle corruption through criminal law and enforcement alone. There is a need of prevention, education and awareness-raising, as well as regional and international cooperation. One of the underlined ingredients is inclusivity— working together and calling for joint responsibility to prevent and combat corruption.
Keywords: corruption, extremism, terrorism, Sustainable Development
DOI: 10.12737/art.2018.3.2
Working harder together to implement the United Nations Convention against Corruption (UNCAC) is crucial to fulfilling all 17 of the Sustainable Development Goals. These include, of course, Goal 16 with its explicit target to "substantially reduce corruption and bribery in all its forms".
I trust all of us can agree that a strong and sustained fight against corruption is critical for peace and justice in a country, in a region; it is the conditio sine qua non for social, economic, and political prosperity, for fair and just societies. So there is clearly a huge need also for leadership, participation, and cooperation in combating corruption. However, there is at the same time a crisis of leadership in some countries and regions as well as a lack of trust in elites around the world, in all sectors and at all levels.
This is closely related to the growing crisis of multilateralism and international cooperation as such,
* The Report at Eurasian Anti-Corruption Forum "Conflict of Interest: Law and Ethics", Moscow, April, 25 of 2018.
which is reflected in rising tensions between major geopolitical powers and regions; the rise of even a new cold war; the potential disintegration of formerly stable political environments and alliances; the growing economical and societal divide within societies; the shrinking teleological appeal of the concepts of democracy and international cooperation; the surplus of simplistic, "black and white" language in public discourse; the preference for superficial superlatives over substance; and the spread of fake and "alternative" news at the expense of facts.
Ivan Krastev, a Bulgarian political scientist and frequent contributing writer for international papers, commented in one of his recent books: "What we are seeing [...] today is not [...] a lack of solidarity, but it's rather a clash of solidarities: national, ethic, and religious solidarities are chafing against our obligations as human beings. [...] Unsurprisingly then, it is loyalty — namely, the unconditional loyalty to ethnic, religious, or social groups — that is at the heart of the appeal of [... the] new populism".
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Журнал зарубежного законодательства и сравнительного правоведения № 3 — 2018
These crises are weakening our collective ability to tackle serious global threats — not only corruption but also economic and social inequality; societal polarization; and extremism and terrorism, to name just three others.
But this is not the time to give up, to shrug our shoulders and say "It's hopeless — things will never change". Conversely, this is precisely the time to roll up our sleeves and redouble our efforts to combat corruption. If we don't, Ladies and Gentlemen, then future generations will judge us harshly.
What's more, there are some quite hopeful signs on the horizon, signs of change for good governance and responsible leadership. At the global level, we have the United Nations' 2030 Agenda for Sustainable Development, a road map for a better common future that was unanimously adopted by all 193 UN Member States in New York in September 2015. A strong and sustained fight against corruption is essential if we are to realize this ambitious agenda, which I like to think of as a "new global social contract".
In particular, working harder together to implement the United Nations Convention against Corruption (UNCAC) is crucial to fulfilling all 17 of the Sustainable Development Goals. These include, of course, Goal 16 with its explicit target to "substantially reduce corruption and bribery in all its forms".
There is also a trend in all regions towards more effective enforcement of anti-corruption laws. Legislatures are also passing laws aimed at tackling the huge problem of corruption in the business sector. We have seen this, for example not only here in the Russian Federation, but also in PRC, Brazil, France, Mexico, and — most recently — in Argentina, where a new law introducing corporate criminal liability for bribery took effect only a few weeks ago.
Much will depend on how these new laws are implemented. And, as we have clearly learned over the past 20 to 25 years, we can't tackle corruption through criminal law and enforcement alone. We also need prevention, education and awareness-raising, as well as regional and international cooperation.
Another important ingredient is inclusivity. By inclusivity I mean working together — and calling for joint responsibility—with all sectors and all stakeholders to prevent and combat corruption. The participation of citizens and civil society, including non-governmental and community-based organizations, is vital, in accordance
with Article 13 of the UNCAC. Business has a big role to play too. Engagement and commitment from the very top of the corporate world is essential if corruption is to be tackled in a meaningful way.
Integrity, avoiding conflicts of interest, going beyond what is barely legal but observing what is legitimate must be another priority. I said it earlier: the political, economic, and intellectual elites have a responsibility to play a leadership role for good governance. As a matter of fact, this is at the very heart of our responsibility for the public good, the res publica. It also means we have an obligation to "walk the talk" and to comply with the standards and values we all advocate.
By displaying personal integrity, avoiding conflicts of interest, we can further strengthen the ethical culture of our legislatures and act as inspiring role models for our citizens. As the Chinese philosopher Confucius once said: "The strength of a nation derives from the integrity of the home".
Like many of you, I have been involved in anticorruption for quite a long time now. And I have learned never to be too optimistic. Corruption is as old as humankind itself, and the fight against it will continue long after all of us here are retired and gone.
But too much pessimism doesn't help either. When we wake up each morning we must have the hope that the situation can improve. And, as academics and anticorruption leaders, we must believe that we can actively contribute to making things better. We need to take on daunting challenges, are resilient in the face of adversity, and inspire others to follow and bring about change.
I am convinced that by working together we have the power to make a difference in the fight against corruption — nationally, regionally, and internationally.
At the opening — on 25 September 2015 — of the UN's SDG Summit in New York, I had the honour to address that distinguished forum. Let me repeat my concluding remarks then: "Corruption is the antithesis vis-à-vis human rights, the venom vis-à-vis the rule of law, the poison for prosperity and development, the reverse of equity and equality. Investing in anti-corruption education and empowerment is therefore the smart way towards sustainable development, safeguarding human rights, and strengthening the rule of law" on the road to 2030 and beyond.
On this note I pledge my full support to this gathering, to the VII Eurasian Anti-Corruption Forum, and wish you all the best and lots of success.
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