Monday, January 30, 2012
Corruption in Nepal: A symptom, not a disease
The following opinion piece was published in Republica today with the title "Wrong Diagnosis". The direct Republica link is here.
Corruption in Nepal: A
symptom, not a disease
When the Corruption Perception Index was published by Transparency
International recently, it reported that 33 percent of South Asians were made
to pay bribes. Sixty two percent of South Asians believed that the corruption
situation had gotten worse in the last three years. Unlike Bangladesh, where
bribes are paid to “get” things done, people in Nepal, India, Pakistan and Sri
Lanka pay bribes to “speed up” the process of getting things done.
The report highlighted the fact that political parties are the most
distrusted institutions in Nepal. Around 54 percent of those surveyed mentioned
the political parties as the most corrupt, followed by the legislature and the
police. Many in Nepal took the report as a further proof of rampant corruption
in Nepal. Many Nepali opinion pieces decried the phenomenon, and labeled
‘corruption’ as the disease plaguing Nepali developmental processes. And,
therein, lays our biggest problem. We don’t seem to realize that corruption is
not a disease, but merely a symptom.
Corruption is never ‘the’ problem or even the ‘root’ of the problem. We
have to realize that rampant corruption is a symptom of dysfunctional state
mechanisms, overregulation, uncontrollably large public service sector, and, in
the case of Nepal, absence of strictly enforced rule of law. And, then, there’s
our ever incorrect understanding of corruption being an absence of ethics. We need
to realize that corruption is not so much an absence or lack of ethics but an
absence of freedom, mostly economic freedom.
This lack of economic freedom is visible in all aspects of our Nepali
lives. Corporations do not have the freedom to pursue their capitalistic
pursuits in the best of possible ways because of intermittent disturbances from
political or trade unions. Case in point is the recent closure of Surya Nepal’s
garment unit in Biratnagar. Travel agencies do not have the freedom to operate
their vehicles in popular tourist destinations due to threats from local
syndicates. Case in point is the Pokhara—Jomsom route where red-plated and
green-plated vehicles are barred from making trips. These are, but, only two examples.
Both the above mentioned instances (examples) have aspects of
corruption in them. The first one has political leaders becoming corrupt, and
mismanaging their respective party-affiliated unions. Some people go one step
further and accuse that the parties even fund and foster these unions for the
very purpose. The second one has, again, political parties and their unions,
favoring one group of travel entrepreneurs over another, with a healthy aid of
corruption money.
However, we have to realize that corruption is only the symptom in both
these examples. The underlying disease is the lack of enforcement of rule of law in punishing those involved in
restricting the freedom of others for their own pursuit of wealth. Presence of
weak rule of law in Nepal has meant that corruption is increasing, and informal
market i.e. shadow economy is growing. A recent report by Nepal Economic Forum estimates
that the informal economy of Nepal is worth anywhere from 40 to 50 percent of
the GDP.
An additional disease that plagues us is the weak property rights law. Many of us lack the knowledge about processes
of practicing our freedom over property rights. Even when we have had enough
knowledge, the bureaucratic hurdle we have to go through to register our
properties is, sometimes, a nightmare. On the other hand, there are people that
engage in corrupt behavior to get more than they deserve. Case in point are the
thousands of homeowners in Kathmandu valley that captured and profitably used
public land for years, if not for decades, until they started getting taken
down by the municipality in recent weeks.
Weak rule of law and weak property rights have meant that we do not
have a very conducive environment for pursuing business opportunities. The World Bank’s Doing Business report from this year reports that it takes, on
average, 7 different procedures, 29 days, and around $241 to register a new
business in Nepal. Even after ignoring the amount of money needed, the fact
that it takes 7 different procedures and 29 days, on average, to register a
business suggests that there are plenty of opportunities for our officials to
engage in corrupt activities, from plain-old under-the-table money taking to
rent-seeking.
One possible way to reduce such type of corruption is to reduce the
number of steps and days needed to register a business. Until we achieve that,
we will always have people shying away from opening a new business. How many
entrepreneurs, each year, are we discouraging from opening a new business due
to our poor Doing Business records? How
many jobs could such entrepreneurs have created if we had a system that
encouraged them to open businesses with relative ease? Our government, and our
bureaucracy, needs to ponder over this issue while they discuss poor business
environment in Nepal.
Perhaps we should try a solution that Indian economist Kaushik Basu has
proposed. Let us make paying bribe legal but receiving bribe illegal. In
addition, if a bribe-payer can provide evidence of paying a bribe, not only
would the amount paid in bribes be reimbursed, but the bribe-payer (now
considered a ‘whistle-blower’) would be rewarded with prize-money for exposing
the corrupt official. Then, every potential bribe-taker would refrain from
taking a bribe because it would be difficult to determine if the bribe-payer is
a ‘normal’ bribe-payer or a whistle-blower. Kaushik Basu’s proposed idea might
have some flaws of its own, but it’s worth a try in a region that Transparency
International calls the ‘most corrupt’ in the world.
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