November 9, 2016
Many writers,
including me, have written about corruptions and corrupted persons in our
essays, opinions and articles and the necessity to eradicate them. I’m sure
everyone has written with good intentions and in good faiths, free from any
animosity towards anyone, but for the good of the country.
In this article, I would like to explore the term corruption and how to get rid of it. In doing so, I will approach it not only from the legal and literary aspects, but also from the practical perspectives based on my meager experiences gained while in the government service. I found that in the legal sense, corruption can be generally interpreted as taking of, or asking for bribes. Thus in English, the term corruption is often used in conjunction with the word bribery; thus the usage bribery and corruption is more relevant and sounds more legally correct. From the literary aspect, corruption is defined as a fraudulent conduct of those in power, involving taking of bribes, misconducts, fraudulences, unscrupulousness, cheating, wrongdoings: such as misappropriation of public funds, misuse of government facilities and abuse of office or power.
Here, the
vocabulary bribe should also be defined. It’s either in kind or cash, given by
someone to somebody in position of power or authority in return for undue
privileges or favours. It should not be confused with a gift, which is given
without expectation for anything from the recipient in return. To further
clarify the difference between a bribe and a gift, I would like to quote what
one veteran session judge explained to me, while I was still a very junior
officer.
According to him
only fruits and flowers or other presents, in kind, if they are in small
quantities should be deemed as gifts, but if they are in abundance they become
bribes. A very good example he gave me was: “You can accept a basket of few
oranges or a bunch of flowers as a gift, but if someone gives you a truckload
of oranges or flowers, that would be deemed a bribe, because they could fetch a
small fortune”. However, cash of any amount, whether small or large, is deemed
as a bribe in the legal sense.
Thus, from the first definition it is quite clear that there is only a very thin line separating a gift from a bribe. So, in my opinion, it would be safe not to accept any present from the subordinates or businesspersons, even a small amount, if their intentions are not sincere. As for the cash present it should absolutely be avoided. My outlooks may seem too extreme in a society like ours’, where the custom or tradition of offering presents to elders as marks of respect or paying obeisance (ကန္ေတာ့) is part of our culture since time immemorial. This custom or tradition provides excuses or covers to camouflage the acts of bribery and corruption.
Thus, from the first definition it is quite clear that there is only a very thin line separating a gift from a bribe. So, in my opinion, it would be safe not to accept any present from the subordinates or businesspersons, even a small amount, if their intentions are not sincere. As for the cash present it should absolutely be avoided. My outlooks may seem too extreme in a society like ours’, where the custom or tradition of offering presents to elders as marks of respect or paying obeisance (ကန္ေတာ့) is part of our culture since time immemorial. This custom or tradition provides excuses or covers to camouflage the acts of bribery and corruption.
In this context,
the fixing of the amount acceptable as gift may seem a good move, but without
any monitoring measures in place, I don’t think it would be effective in
fighting corruption. Most of the readers may have heard of the stories of money
stashed in biscuit tins bought from stores where the families of the elites
used as their outlets. Those were undoubtedly the presents given as bribes to
someone. Those were the days when bribery and corruption was strictly under
close watch and high ranking officials were required to surrender the valuable
presents they had received to the authorities. Thus the bribers tried to camouflage
the bribe money in biscuit tins.
However, as the
fight against bribery and corruptions gradually become lax, the bribers become
more open. The bribes took the forms of refrigerators, high-end television
sets, electronic equipments, expensive silk longyis, jeweleries, even motor car
keys and apartment keys in tiny packages and uncountable varieties of
commodities, which were given as presents at birthdays, weddings, anniversaries
and many other imaginable occasions.
If we want to
get rid of the bribery and corruptions, strict monitoring and severe actions
should be taken if found guilty. In taking actions, both the briber and the
taker or the corrupted person should be punished equally. They are partners in
crime, as they collaborated in committing it and thus are equally guilty.
Though I don’t want to mention it, I must do it for the sake of the country. The rampant corruptions among the government employees stemmed from the misinterpretations or misconception of the term bribery and corruption. Most thought that it’s okay to take it as long as they don’t demand it. Though they may not demand, the bribers are always there, finding ways and means or the path (လမ္းေၾကာင္း), ready to solicit for undue favours and privileges by bribing.
Though I don’t want to mention it, I must do it for the sake of the country. The rampant corruptions among the government employees stemmed from the misinterpretations or misconception of the term bribery and corruption. Most thought that it’s okay to take it as long as they don’t demand it. Though they may not demand, the bribers are always there, finding ways and means or the path (လမ္းေၾကာင္း), ready to solicit for undue favours and privileges by bribing.
Thus, to
eradicate the corruptions in our government offices and departments, all
employees, right from the top to the lowest levels should be reeducated to free
them from their misconceptions concerning bribery and corruptions. Also the
citizens should fulfill their civic duties by reporting on such cases to the
authorities if they should come across them. The President’s and the State
Counsellor’s offices have opened channels for the people to be able to send in
reports and complaints. The citizens are also encouraged to report on such
fraudulent persons by guaranteeing that the names of those who report on such
matters will not be disclosed. These moves are unprecedented and indicate the
government’s determination to eradicate corruptions.
I would like to
repeat some of my opinions expressed in my previous articles. Because of the
leaky roofs the floors had decayed. Just repairing the floors without repairing
or replacing the roof wouldn’t be enough. Now that the roof had been replaced
and not leaking anymore, it’s the floor’s turn to be either repaired, if still
repairable or replaced if it’s beyond repairs. In conclusion, let me warn the
corrupted persons that the people wouldn’t tolerate corruptions anymore. Now
that they are given some latitude to get involved in the fight against
corruption, the corrupt persons should consider “turning over a new leaf”, or
else !
Khin
Maung Myint
Ref; The Global
New Light of Myanmar
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