CORRUPTION as a Violation of Human Rights

Corruption, a term widely used across the globe, refers to acts of cheating or illegal acts and may also involve abuse of public office for private gain. However, the term is also misused in a number of contexts. For instance, many people tend to think every case of cheating or forgery as corruption; however, corruption may involve all cheating but all acts of cheating may not amount to corruption. There are a number of malpractices that mar socioeconomic development and, at times, affect political system as well. Generally, corruption is considered the core reason for all the ills, irrespective of the nature of those malpractices and without recognizing the root causes of the problem.

Corruption is a multifaceted problem and is unlawful and a crime. It is complex and intertwined with other acts of cheating as well. However, it is necessary to understand what corruption is and what it is not; and also to differentiate it from other acts of cheating, forgery, manipulation or misuse of power. The Black’s Law Dictionary defines corruption as:

“Illegality; a vicious and fraudulent intention to evade the prohibitions of the law. The act of an official or fiduciary person who unlawfully and wrongfully uses his station or character to procure some benefit for himself or for another person, contrary to duty and the rights of others.”

Like other parts of the world, the problem of corruption is equally generic in Pakistan. The concept of corruption, acts involving this ill practice and the word ‘corrupt’ are widely misinterpreted and misunderstood. The National Accountability Bureau in its National Anti-Corruption Strategy (2002), however, defines corruption as:

“Corruption involves behaviour on the part of office holders in the public and private sectors, in which they improperly and unlawfully enrich themselves and/or those close to them, or induce others to do so, by misusing the position in which they are placed. More simply it comprises ‘the misuse of entrusted power for private benefit.’”

On the other hand, the Global Infrastructure Anti-Corruption Centre (GIACC, 2013) identifies that there is no international legal definition of corruption. In its constricted sense, corruption is interpreted as bribery only. In a wider sense, however, it also includes extortion, fraud, making cartels, abuse of power, embezzlement and money laundering. These activities will normally constitute criminal offences in most jurisdictions, although the precise definition of the offence may differ.

In Pakistan, corruption is largely accepted as a widely spread practice and a norm. Many people do not understand the harm corruption does to the economic development of the country, and also to social and cultural norms and practices. Those who understand may have no alternative than to engage in corrupt activities. Moreover, no evidence supports that people feel guilty about their role and involvement in corruption. Many of them are so entrenched in the dark web of corruption, directly or indirectly, that although they propose a host of reforms, resistance to lasting change is strong. Examples of targeted and successful anti-corruption reforms are rare but impressive and most welcome where they have been commenced. Given the complex nature and various dimensions of the concept of corruption, this write-up intends to explore the link between corruption and human rights focusing especially the violation of fundamental rights in the face of widespread corruption.

1. Corruption and Human Rights

Corruption affects human rights in a variety of ways. For example, the rights to food, water, education, health and the ability to seek justice can be violated, if paying bribe becomes inevitable to gain access to these basic rights. Corruption by high-level government officials can siphon off millions of dollars of the country’s wealth which, in turn, handicaps the government from fulfilling its duty to protect, ensure and respect the rights guaranteed to the people by the country’s constitution. This relationship between human rights and corruption is ambiguous, however; while corruption negatively affects the protection of human rights, these rights can help corruption to grow. This is because human rights and procedural rights, such as due process – the right not to face undue delay in court proceedings, and the right to a fair treatment – can be used by corrupt officials to avoid accountability for the role they played in acquiring personal gain for themselves at the expense of the people they should be serving.

Nevertheless, there are three important aspects where corruption is significantly linked with violation of human rights. As Gathii (2009) explains, it shows how individualistic and procedural rights have been used to defeat investigations of, and prosecutions for, corruption by high-level government officials. Second, it demonstrates how corruption leads to the suppression of social and economic rights of the poor and the marginalized; for instance, employment, food and dignified status in society; and third how it leads to reduction in spending on people’s basic amenities such as health and education. So, misuse of power or manipulation of procedural rights deprives many of justice in certain circumstances and hence violates their basic rights. Also, fundamental social and economic rights are subjugated due to widespread corruption which then leads to manipulation of resources allocated for health and education of the poor and marginalized in particular.

Connecting acts of corruption to violation of human rights also creates new possibilities for action, especially if acts of corruption can be challenged using the different national, regional and international mechanisms that exist to monitor compliance with human rights. Since the adoption of the Universal Declaration of Human Rights (UDHR), many mechanisms have been created to hold states and individuals accountable for human rights violations (ICHR, 2009).

As a wider understanding on corruption leads to the acts which are: all criminal offences; normally involve deception; are concealed; have illegal profit as their objective; involve manipulation, abuse or misuse of authority; and normally result in financial loss(GIACC, 2013), require a human rights approach to be dealt with.

2. Corruption as a Violation of Fundamental Rights

The fundamental rights as stipulated in the Constitution of Pakistan clearly manifest that any act against such provisions would be considered a violation of those rights. Particularly, Articles 9, 14, 24, 25-A and 37 deal with some sensitive issues with respect to the basic needs of every citizen of Pakistan from the security of the life of a person, supremacy of the dignity of every individual to the right to education and protection of their property and their right to information.

“Corruption is an enormous obstacle to the realization of all human rights—civil, political, economic, social and cultural, as well as the right to development. Corruption violates the core human rights principles of transparency, accountability, non-discrimination and meaningful participation in every aspect of life of the community. Conversely, these principles, when upheld and implemented, are the most effective means to fight corruption”. (Pillay, 2013)

Unfortunately, in Pakistan, corruption is not only rampant but curtailing it is also a more difficult. As corruption is a complex phenomenon, many illegal acts, when they are curtailed through legal processes, turn out to be else than corruption. Or it may be said that corruption is so complex that to get clear of the charges of corruption is easier until and unless it is done at a wider level. Even though, people commit corruption and skip any punishment or trial due to unavailability of concrete evidences.

a. Impeding Prosecutions

In the context of the judicial system, corruption may be defined as “acts or omissions that constitute the use of public authority for the private benefit of court personnel, and result in the improper and unfair delivery of judicial decisions. Such acts and omissions include bribery, extortion, intimidation, influence peddling and the abuse of court procedures for personal gain”.

“Private benefit” includes both financial or material gain, and non-material gain such as the furtherance of professional ambition (ICHR, 2009).

The definition of judicial corruption covers a wide range of acts carried out by actors at different points in the judicial system (the judiciary, the police and prosecutors). For example, a judge may be paid a bribe to exclude evidence that would otherwise lead to the conviction of a criminal. A court official may be paid a bribe to allocate a case to a sympathetic judge, to lose a case file, or to speed up the hearing of a case. Police can be bribed to tamper with criminal evidence. Prosecutors can be paid to avoid bringing a case forward or to assess the evidence in an unfair manner (ICHR, 2009). Hence violating a fundamental human right which is not only stipulated in national documents but also in international instruments.

b. Subjugate Economic and Social Rights

Corruption leads to subjugation of economic rights. A number of acts of corruption involving manipulation of basic resources or funds allocated for the marginalized section lead to depriving people of food and, at times, their life. Also, at a higher level, corruption may harm national economies as well.

While assessing whether an act of corruption violates economic, social and cultural rights or not, two important obligations should be taken into account: “the duty that a state has to take steps to realize these rights progressively; and its duty to prioritize human rights when allocating resources. In addition, it is helpful to apply two analytical tools: the three levels of state obligation (to respect, to protect and to fulfil); and the principles of availability and accessibility” (ICHR, 2009).

A UNHCR report identifies: “From 2000 to 2009, developing countries lost US$8.44 trillion to illicit financial flows, 10 times more than the foreign aid they received”… [t]he impact of corruption on development and on human rights is multifaceted; so too must be our response” (Pillay, 2013). As resources are always limited, states need to prioritize. They are entitled to decide where and how they allocate their resources but when they ratify human rights treaties, in particular, then it is assumed that these obligations limit their discretion. This follows from the obligation to take steps to realize economic and social rights progressively (ICHR, 2009).

c. Impact of Corruption on Health and Education

Essentially, it is important to consider the impact of corruption on economic, social and cultural rights. Corruption tends to violate the exercise of these rights because states have accepted, under human rights law, a range of duties and responsibilities to regulate public services regarding health, housing, water and education. These services generate large public contracts which not only create opportunities for corruption but have a disproportionate impact on vulnerable and disadvantaged and marginalized groups. Widespread corruption in health or educational services bars the poor from availing of healthcare and education, and suppresses living standards and opportunities for poorer people in particular. (ICHR, 2009)

If corruption is widespread in a country, it implies that the state is not opting for measures to curb it or not in the right direction. “If funds are stolen by corrupt officials, or when access to healthcare and education is dependent on bribes, a state’s resources are clearly not being used maximally to realize economic and social rights. When a state does not progress towards realizing the right to health because of corruption in the health sector, it has failed to comply with its obligations concerning the right to health.” (ICHR, 2009)

Conclusion

Corruption is widespread across the globe. There are a number of reasons for corruption to prevail and in some countries well-established networks thrive on corruption. In many countries, corruption is strongly linked with bureaucratic influences and inefficiencies. They are basically involved in the embezzlement of national resources, abuse of public power for private interests ending up damaging or loss to private property, health and life of the people. Therefore, it is important to take note of the violations of human rights that are committed due to corruption and the long-lasting impact of corruption on the lives of people and societies.

In Pakistan, there have been a number of cases where funds allocated for the poor and marginalized section have been misused through manipulation, and needy people were deprived of their right in clear violation of fundamental rights as stipulated in the Constitution. During rehabilitation process following the massive earthquake in northern areas of Pakistan in 2005, funds collected, aids, services, food and other goods of basic needs were embezzled through procedural manipulations and hence natural calamity-ridden people were deprived of food and basic amenities. Therefore, a number of people died of unavailability of food and other basic goods, harsh weather, medicine and health facilities.

Similar is the case of floods in the country where poor people become victims of bureaucratic influences and embezzlement of resources where they are deprived of food and basic health facilities and hence lose their lives owing to unavailability of resources instead of being taken away by the natural calamity. Although Pakistan is not the only country where these rights are being subjugated, it is the responsibility of the government to regulate anti-corruption measures and establish a system where corruption would be a distant possibility.