Under the motto of "One Vision, One Identity, One Community,"
ASEAN has been making painstaking efforts to integrate its 10 members into an
economic, political and social union. One measure has been the establishment of
an ASEAN-level anti-corruption network.
It started with the signing of a
Memorandum of Understanding (MoU) by anti-corruption agencies from Brunei,
Indonesia, Malaysia and Singapore in December 2004, which since then has served
as the foundation for regional cooperation in combating corruption in Southeast
Asia.
Most ASEAN members have joined
this anti-graft pact, and pledged their commitment to working closely with each
other through information sharing and capacity building.
No doubt the Southeast Asian
countries are stepping toward the right direction on fighting against
corruption with this MoU.
Rampant corruption has always
been a cancer in the region.
Although Singapore, the most
developed country in Southeast Asia, is recognized as one of the world's least
corrupt by international rating agencies, most other ASEAN countries are ranked
very low.
Six ASEAN members, including Indonesia,
Vietnam, the Philippines, Laos, Cambodia and Myanmar, were ranked in the bottom
half of the 2011 Corruption Perception Index developed by global NGO
Transparency International.
Although the MoU is a promising
sign, the lack of meaningful cooperation on anti-corruption reflects some
fundamental weaknesses of ASEAN as an international organization, especially
when sensitive political issues are concerned.
Despite the enthusiastic words
about fostering regional integration in its official statements and documents,
ASEAN is, after all, a very "soft" organization with little
"hard" power.
Member states jealously safeguard
their national sovereignty when the political leaders meet to discuss regional
matters, especially on those politically sensitive matters.
ASEAN is aware of the damaging
effects of corruption, but it benefits a small number of individuals, who are
usually the ruling elites in many Asian countries.
This phenomenon makes it
difficult, if ever possible, for national governments in ASEAN, who are
accountable to different vested interests, to agree to the establishment of a
regional anti-corruption agency which has the hard power to make and enforce
punitive rules against corrupt individuals and families.
Different perceptions of national
interests by ASEAN member states constitute another significant hurdle. One
such example is the negotiations for an extradition treaty between Singapore
and Indonesia in March.
Indonesia badly wanted an
extradition treaty which could be easily renegotiated and renewed when it
expires. Indonesia claimed that such a strong extradition pact could allow it
to pursue alleged corrupt government officials and business people who fled to
Singapore with their dirty money.
However, Singapore, a global
business and financial hub, insisted that its own laws were sound enough to
prevent corruption and money-laundering.
Reportedly, Indonesian House of
Representatives speaker Marzuki Alie recently accused Singapore of being not
serious about a "pure extradition treaty" as it linked the signing of
such a treaty to conducting military training within Indonesian territory.
As regional economic integration
steadily progresses in Southeast Asia, an institutionalized framework on
anti-corruption at the ASEAN level is becoming increasingly important for all
ASEAN members.
This, first of all, requires
strong political leadership and commitment.
The political leaders must
appreciate the trans-boundary effects of corruption as well as realize that
it's critical for sustainable regional integration to be based on good
governance in all ASEAN countries.
ASEAN should make anti-corruption
a priority in its political and security agenda. Serious negotiations should be
launched toward the making of an ASEAN anti-corruption agreement which
establishes not only an ASEAN agency with enforcement and coordination powers
against corruption, but also rule-based mechanisms on specific issues such as
joint investigations of corruption cases, as well as, arrest and extradition of
graft fugitives to their home country.
Wang Jiangyu
The author is an associate professor at the Faculty of Law and deputy
director of the Centre for Asian Legal Studies at the National University of
Singapore.
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