应Global Times约稿文章: ASEAN Struggles in Anti-Corruption Fight

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Global Times | 2012-8-9 22:20:03 By Wang Jiangyu |
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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.
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.
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.