OPENING STATEMENT BY MS GERALDINE J. FRASER-MOLEKETI
MINISTER FOR THE PUBLIC SERVICE AND ADMINISTRATION
Esteemed President,
representatives of the Secretary-General of the UN, leaders of delegations and
representatives of the peoples of the world, I am honored and privileged to
bring you the warm greetings and convey the sincere sentiments of friendship of
the people of
Corruption is a
common feature in all political systems, despite the differences that may exist
in their governing philosophies or their geography. Nation-states are
increasingly aware that corruption presents a serious threat to their core
principles and values, and hinders social and economic development. As a
result, there has been a growing acceptance of the need to address the problem
in a coordinated, comprehensive and sustainable way.
It is therefore
exciting to note that Article 12 of the Convention addresses corruption that
occurs in the private sector, as it is not just a matter in the public sector.
The extent of corruption has become endemic in business. In world terms cases
such as the Enron scandal represents but the tip of a large iceberg. Such cases
are quintessential examples of the failure of political and economic oversight,
which may have been deliberately weakened by collusion between audit firms,
banks and the media. Many investors were defrauded as a result and workers,
usually the most vulnerable, were deprived of their hard earned pension to the
detriment of their families and dependents.
The UN Convention
against Corruption that we have gathered to sign represents the global
community's attempt to define and implement a broad strategy to combat
corruption at the international level. By doing so, we are acknowledging that
the problem is a serious one that needs to be prioritized by countries and
their governments, and above all, the realization that its implementation to
counteract needs the involvement of all sectors in society to work together.
It is an erroneous
assumption that corruption is predominantly a third world problem. As we heard
today, it is a global problem. We in developing countries understand the harsh
reality and experience of corrupt multinationals that flaunt their "checkbooks"
compromising our economies and business sector, the public sector and employees
of these sectors, as well as political leaders. The Lesotho Highlands Water
project is a case in point. Some may argue that this is one of the inevitable
consequences of globalization, in this instance, a negative one.
In the recent past,
in some of the member states of the UN, there have been instances of fiscal
benefits as though this is an acceptable and normal business practice. What we
should see as positive is the level of country representation, which reflects
the seriousness that we as member states see this problem. It is clear to me
that developing countries are serious about expressing their commitment to the
implementation of this convention, and our colleague from
The decision of the
UN's General Assembly to establish a new Convention against Corruption shows
that the international community is earnest about developing workable solutions
and implementing them at the multilateral level. This is an exciting moment in
the development of a more just and humane world order in that we now have the
opportunity to explore, with the benefit of the broadest possible
participation, joint efforts that will enable innovative solutions to emerge
and address new problems such as the transfer of funds of illicit origin and
their return.
This UN
anti-corruption convention promises a major boost to the lonely and unrewarded
efforts of developing nations to repatriate looted funds and in so doing, to
curb widespread corruption. However, although the Convention is a step in the
right direction for most African countries whose wealth or parts of our wealth
fills the vaults of banks in several world cities while their citizens
experience abject poverty, it will be of
little value unless it is accepted by an overwhelming majority and effectively
implemented over the years to come.
Chapter V of the
Convention addresses asset recovery. Furthermore, it was identified by the
General Assembly as a key component of the Convention. Maintaining a separate
chapter on the question of asset recovery has political significance, in light
of the fact that the developed and developing countries historically seemed to
have diametrically opposed views on the matter. It is very gratifying that an
approach has been reached that all signatories can support. I wish to
congratulate those who have worked hard in terms of authorship of the
Convention on their skill in finding a middle path that could effectively address
this complex and challenging area.
Asset recovery was a
major issue throughout the negotiations. One of the most important results of
the sixth session was the adoption of a whole chapter requiring Member States
to return those assets, obtained through bribery and embezzlement, to the
country of origin. As a document that is at the cutting edge of anti-corruption
initiatives, this represents a new fundamental principle in international
treaties.
In many instances,
the illicit proceeds of corruption represent a substantial loss of resources
for the countries affected. Their diversion causes great political instability
and undermines the economic and social development of the countries involved.
By addressing money laundering and the return of illicit funds to the countries
of origin, this situation can be contained and addressed.
This is also in line
with one of the stated aims of the New Partnership for
Participating in the
negotiation processes leading to the adoption of the Convention offered us the
opportunity to give effect to our Government's expressed commitment to fight
corruption. It was in November of 1998 at a Public Sector Anti-Corruption
Conference in Cape Town that our then deputy President (now our President),
Thabo Mbeki stated, "Zero tolerance will be offered to the parasites of
our land who have scorned the public interest and that sought their own self
enrichment at state expense" and that "it is incumbent on government
unequivocally to affirm its seriousness and desire to stamp out corruption
wherever it occurs."
I am very pleased to
note that the Convention makes explicit provision for technical assistance,
training and collection, exchange and analysis of information. Technical
assistance must be made available, especially to developing and less developed
countries, if we are to use this opportunity well. Open dialogue surrounding
the concerns of developing countries must be encouraged, in particular through
the mechanisms that deal with the implementation of the Convention.
Once adopted and
ratified by States Parties, the UN Convention against Corruption will enhance
co-operation among governments and help standardize the ways in which
individual countries deal with corruption in their national legislation. The
Convention will also pave the way for a more unified international response to
corruption and related offences.
Our different corners
of the earth orbit the sun and the moon at different times and in different
seasons. Our spring is your autumn. Yet, we face the same immense challenges,
which make our special and indeed strategic agreement more significant. The
work that we will do to implement the provisions of this Convention would help
to define us as true partners for all seasons.
On the domestic
front, the requirements of our Constitution, a very comprehensive Public
Service Anti-corruption Strategy, recommendations of a National Anti-Corruption
Summit and various Government policy decisions have been translated into a
number of anti-corruption measures.
In closing, I make
mention of the South African Development Community (SADC) Protocol against
Corruption and the African Union Convention on Preventing and Combating
Corruption.
In this spirit of
global co-operation, it is equally important to share our experiences with
other regions of the world about the initiatives being undertaken. Globalization
has brought in its trail increased interdependence and a wide range of
cross-border transactions, including criminal activities. The African
initiatives have clearly struck a chord with the world and we are pleased to
have an opportunity to participate in important global initiatives such as this
Convention. We look forward to working together to implement the provisions of
the Convention and to sharing lessons and experiences over the coming years
that will help make us more effective.
On behalf of