Bribery and Corruption

 

 

By U Khin Maung (A retired diplomat)

 

Introduction

1. In this article, I would like to quote “an extract from the editorial article of the Global New Light of Myanmar dated 9 December 2022 as follows:

• “Save the global people from corruption”

• International Anti-corrup­tion Day (IACD) which falls on 9 December 2022 seeks to highlight the crucial link between anti-corruption and peace security and develop­ment. At its core is the notion that tackling this crime is the right and, the responsibility of everyone, and that only through cooperation and the involvement of each and every person and institution can we overcome the nega­tive impact of this crime.

 

2. Well, bribery and corrup­tion are, in my view, two sides of the same coin. Bribery and cor­ruption, these two facts or ideas that are very much correlative, that are to say, they are close­ly related to or depend on each other fact or idea. For example, a bribe-giver, as an accomplice, aids and abets a corrupt official to commit corruption and the corrupt official expects or de­mands and takes a bribe from a person, in return for favouritism, the act of unfairly treating him better than others.

 

3. And now, the question is, what does it tend to corrupt? On this point, I believe, I can’t do any better, than to quote what the scholars have said. They are reproduced and kindly see below:

 

“Power tends to corrupt, and absolute power corrupts abso­lutely.” “Lord Acton- Historical essays.

 

“The greater the power, the greater dangerous the abuse.” “Edmund Burke” in a speech delivered to the House of Commons,” U.K

 

“Corruption is a global shame and a sin against good manners and character. Mr Ban Ki-moon — former United Na­tions Secretary, General.

So, in support of all these scholarly views, I, as a layman, would like to say that, corruption is, without a shadow of a doubt, a crime, a shame and a sin. In a much better definition, Professor Syed Hussein Alatas has pointed out that the association between corruption and crime is a well-known phenomenon”

 

4. Corruption; does it mean only bribe-taking? Well, I don’t think so, I am afraid. From the legal point of view, corruption also means maladministration of justice, mismanagement of af­fairs, prejudice, bias, wrong-do­ing etc. And mismanagement, in a sense, means, failure to do something that ought to be done and committing an act, which ought not to be done. Well now, before tackling, what factors bring about prejudice and bias, I think, we should see their mean­ings. Prejudice means an unrea­sonable dislike of or preference for a person, group or custom etc. And, bias means a strong feeling in favour of or against one group of people or one side in an argument. In our culture, there are four kinds of prejudice and bias. Prejudice and bias, first, arising from an emotional issue, or wish, second, arising from an­ger, third, arising from fear, and fourth, arising from ignorance.

 

5. May I quote relevant writ­ings of a well-known scholar Mr Syed Hussein Altas from his famous book “Corruption and the Destiny of Asia” as follows: “The association of corruption and crime” is a well-known phe­nomenon. But the forms of this association vary according to the degree of corruption. As concep­tion develops in intensity, these forms multiply.

 

6. In this article, may I also present to you the significance of the rule of law. In this phrase, the rule of law means equality before the laws, fair play, and uniformity of laws for all private citizens and public officials alike. In connection with the rule of law, the first Prime Minister of our independent and sovereign union, U Nu said in the address to the Parliament (The Pyithu Hlut­taw): “is to base all our activities firmly on the rule of law.” And the chairman and Prime Minister of the State Administration Council, Senior General Min Aung Hlaing also expresses the significance of the rule of law on every occasion, relevant, proper and necessary.

 

7. Under the old administra­tion system, we, BCS – Burma civil service personnel, were entrusted and honoured with magisterial powers, by virtue of our posts and by virtue of ex­perience and expertise. While I was serving as a subdivisional officer, I was empowered and en­trusted with special magisterial powers. Our superior officers, such as the district magistrates and the district and sessions judges frequently advised and, I would like to say, taught and guided all the subordinate judges and magistrates, 1101 to meet or talk exclusively with a client or a party to a dispute, in his or her chamber, or in any place pri­vately. Our superior judges and magistrates explained to all of us that the other client or the other party might misunderstand us. We were taught and guided that a magistrate or a judge should bear in mind that “it is not enough that justice is done but justice must be seen to have been done,” And to win the hearts and minds of the people we were serving as a judge or a magistrate we should always go on learning, so as to be entitled to be addressed as “the learned Judge, “the learned magistrate. Learning, in this con­text, means laws, the supreme court’s instructions, and the supreme court’s rulings must be read and studied in earnest and also learning anything that is worth it for the improvement and expansion of legal education. After all, no educative process, legal or whatsoever, is ever the end: it is always the beginning of more education, more learning, more living”.

 

8. I think, we have already had a law, entitled “suppression of bribery and corruption act, and our successive governments have suppressed and treated it as a shame, sin, crime and evil. And, as living laws are necessary in this living world, I am sure, our authorities concerned have already taken necessary actions to review and revise or if neces­sary, to amend the “suppression of bribery and corruption act” so as to be in line with the changing world.

 

Reference

(1) Corruption and the des­tiny of Asia, SYED HUSSEIN ALATAS.

(2) Oxford Advanced Learn­er’s Dictionary.

(3) Law and custom in Bur­ma and the Burmese family, Dr Maung Maung

(4) Book of essential quota­tions.

(5) Word power made easy. Norman Lewis