





Lima Declaration
Durban
Commitment
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The 9th International Anti-Corruption Conference
The Papers
Abstracts of presentations
Day 2, Workshop 3
Berenbeim, Ronald:
How Effective are Corporate Codes in Combating Corruption?
An interest in governance and company codes is important for three
reasons: first, it is part of the "new geography of power" and the
"privatisation of norm-making". There is little doubt that the global
financial, product, and service markets have blurred the distinction
between public and private sector rule making. Second, this new
geography of power strengthens the argument that addressing
corruption's supply side is a critical priority. Third, the pressure
is growing on companies to make more effort to cut off corruption's
supply side because public opinion is shifting in many countries to
the common sense conclusion that if no bribes are paid, people will
stop asking for them. Codes are growing in importance for companies,
but still gave limited success in combating corruption. Many include
an asymmetry between giving and receiving; are not always binding on
vendors, suppliers, etc.; lack embeddedness in an atmosphere of trust
which allows employees to report corruption behaviour; and lack
compliance verification procedures.
Cragg, Dr. Wesley :
Human Rights and Business Ethics: Fashioning a New Social Contract
Data on the perceived level of corruption from a cross-section of
countries have been fruitfully introduced into empirical research
lately. This study reviews a large variety of studies on the
consequences and causes of corruption. It includes research on the
impact of corruption on investment, GDP, institutional quality,
government expenditure, poverty and international flows of capital,
goods and aid. Research on the causes of corruption focuses on the
absence of competition, policy distortions, political systems, public
salaries as well as an examination of colonialism, gender and other
cultural dimensions.
Gregory, Holly J. and Simms, Marsha E.:
Corporate Governance: What It Is and Why It Matters
This paper discusses the concept of corporate governance, and why it
is attracting increasing attention. Corporate governance is important
because the quality of corporate governance impacts: (1) the
efficiency with which a corporation employs assets; (2) its ability to
attract low-cost capital; (3) its ability to meet societal
expectations; and (4) its overall performance. Effective corporate
governance is also closely related to efforts to reduce corruption in
business dealings. Effective governance systems should make it
difficult for corrupt practices to develop and take root in a company.
Strong governance may not prevent corruption, but it should make it
more likely that corrupt practices are discovered early and
eliminated.
Hill, Gayle :
How can compliance be promoted and monitored?
The paper presents the matrix of measures which Australia has
instituted to satisfy its obligations under the OECD Anti-Bribery
Convention. Since the Convention involves more far reaching principles
of corporate criminal responsibility than exist under the common law
in Australia, Australian companies operating outside Australia
experience a considerable shift in legal compliance obligations. The
offence of bribery of a foreign public official has been included in
the Commonwealth Criminal Code. The Code has far reaching principles
relating to corporate criminal responsibility: compliance on "paper"
is not sufficient - there must be an environment of compliance
operating within the company. The Australian Standard AS3806 is a
recognised standard for compliance programs which covers the
structural, operational and maintenance elements to be included in any
program. It does not prescribe the actual elements of an international
corruption compliance program, or indeed any specific compliance
program, but does serve to signpost the essential components of an
effective compliance program. In addition to these external and formal
institutions, several additional measures are required to promote and
maintain a culture of compliance within companies.
Jones, Roy :
Fighting Corruption: The Role Of Trade Unions
In October 1997, three international trade union organisations the
TUAC, ICFTU and ETUC issued a joint statement with their employer
counterparts the BIAC, ICC and UNICE welcoming the agreement on the
OECD Convention on Combating Bribery of Foreign Public Officials in
International Business Transactions and urging governments to ratify
the Convention. The first and main reason for unions' interest in this
subject is the link between corruption and abuses of freedom of
association and other core labour standards. The bribery of public
officials is also clearly an endemic problem when levels of public
sector pay are so low that in some cases it is impossible to provide a
family income. Again this is a problem associated with situations
existing in several Asian countries where unions are restricted from
organising in the public sector and negotiating for public sector
workers. Another reason for trade union interest is that in the fight
against corruption it is employees who expose corruption in
organisations - the "whistle-blowers" - who are likely to suffer
victimisation. Actions to be taken by Trade Unions include encouraging
ratification of the OECD Anti-Bribery Convention; improving protection
of "whistle-blowers"; monitoring corporate codes of conduct; showing
"zero-tolerance" of corruption within Unions; negotiating living wages
for public sector workers; and contributing to capacity building in
"partnership" approaches for other actors in the anti-corruption
movement.
Shelton, Joanna R. :
World Bank/OECD Global Corporate Governance Forum Remarks
The paper introduces an overview of the OECD Principles of
Corporate Governance and their purpose; outlines why it is
believed that good corporate governance is so important for the
long-term sustainable growth of economies around the world; and
touches on the role the OECD envisions playing in co-operation
with the World Bank. The Principles represent the first inter-
governmental accord on the common elements of good corporate
governance. Their main utility is to serve as a reference point
for countries to evaluate their laws, regulations and practices
in this area, taking into account national differences and
differing market structures and traditions. Corporate Governance
is highly important because of the transformation of economies
over the past decade from state-directed and centrally controlled
systems to ones that are increasingly market-based. This shift
requires that laws, institutions and practices also evolve to
support these economies in our increasingly integrated world.
National Foundation, "Russian Business Culture":
Business Ethics in Russia
The paper sets out ethical principles according to which the Russian
businessperson should conduct his or her affairs.
National Foundation "Russian Business Culture":
Recommendations on Introducing Business Conduct Ethics in Russia
The paper lists detailed recommendations for business associations,
the State, the mass media and business education institutions on how
to implement the adoption of a business ethics code in Russia.
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