By Justice Ramon Mabutas, Jr.
The globe today appears to be teetering at the brink of collapse due to thundering groans of people suffering from poverty.
Poverty has spawned diverse problems in many nations, including the so-called developed ones, thereby causing the upsurge of criminality in varied forms.
It is, therefore, a happy development that the Asia Crime Prevention Foundation, through the initiative of its ever active Chairman of the Board, the Honorable Minoru Shikita, has decided to take a close look at the global malady with the end in view of propelling the pillars of the Criminal Justice System toward alleviating, if not totally eliminating the same.
Chairman Shikita's focus on poverty during this World Conference of the ACPF is, indeed, very timely, for poverty is dehumanizing--it breeds discontent, social injustice and conflicts. Now more than ever, there is an urgency to eradicate poverty. On this score, we dare say: Poverty is not insurmountable--it can be overcome.
That poverty is not insurmountable has been proven dramatically by a number of Asian countries where the global scourge has been reduced significantly--if not eliminated by and large--in just over a decade. Where growth was significant and sustained over time and where the vulnerable had access to productive assets, poverty incidence declined--and the status of human development improved. Indeed, growth was associated with both rapid declines in absolute poverty as well as improvements in income distribution.
At this juncture, however, it should be stated that the campaign to confront and combat poverty must begin with an earnest effort to define and understand it. It should become the starting point from which we determine the steps towards its resolution.
Poverty connotes a deprivation in relation to a social standard, or the lack of minimum entitlements of households in society which the government and its stakeholders must seek to provide, either directly or indirectly. The most widely used but traditional definition of poverty is the minimum amount of income, below which a person cannot attain a predetermined bundle of goods and services, as deemed necessary for the fulfillment of certain basic consumption needs or minimum basic needs.
The Philippines clearly emphasizes inadequacy of incomes as the dominant measure for defining poverty incidence, and perforce focuses much attention on absolute poverty and deprivation. Yet poverty has social and cultural ramifications that go beyond the disputed definitions of inadequate income. Poor people themselves do not define their poverty solely in terms of income.
In context of human development, which is the process of enhancing people's lives and enabling them to make a wider range of choices, poverty may be defined as the sustained inability of a household to meet its minimal set of capabilities for human, physical, intellectual and psychological functioning, or its minimum basic needs.
The concept of poverty must also be able to place a value on equity, and thereby capture the concept of inequality. Relative poverty is the term used to refer to a person or a group of persons who are poor in relation to others in a particular society. Relative poverty should also be taken into account because inequality raises issues of social justice and because declines in absolute poverty may occur even as income distribution improves.
Poverty can also result from the exclusion of some people from society--in other words, social exclusion. It may happen that persons are marginalized because they are viewed as less capable than the rest--having attributes and engaging in activities outside of the current norms of what the rest have and do. There are two equally oppressive outcomes to this situation. People who are excluded can be treated charitably and merely provided dole-outs from mainstream society (individuals, the state and other institutions). Or people may be looked upon as a burden to the rest. Being accorded less than full membership in one's community means that the community and its institutions have informal rules that discriminate against its members.
Hence, being cut off, separated, or excluded from the mainstream of everyday cultural, political, and economic life is the crucial aspect that gives depth and credence to the new concept of poverty. The framework and action agenda to be adopted should, therefore, aim to remove the barriers separating the poor from the mainstream.
Poverty has many faces. It isolates people from meaningful social interaction and stifles full human development. Therefore, poverty is redefined as not simply the lack of material resources, but also the absence of capabilities, opportunities and power that will allow an individual to fully assume his/her role as a member of the community.
Various indicators are now used to capture the multi-facetedness of this problem.
In the Philippines, poverty reduction has remained a perennial major socio-economic challenge. Thus, this has become an integral element and centerpiece program of every administration agenda. Although poverty incidence has declined over the years, much more still needs to be done to reduce poverty rapidly and more significantly.
The open challenge to all the stakeholders in combating poverty lies in crafting and implementing a substantive, multi-dimensional, and realistic anti-poverty framework and action agenda. This blueprint, if it is to be substantive, must be grounded on a sound analysis of the cause of poverty and the factors that compound it. If it is to be multi-dimensional, it must embody the demands and visions of the stakeholders and be directed firmly at resolving poverty in all its forms and levels. If it is to be realistic, it must generate detailed, concrete policy alternatives, which can harness current and new mandates. It must be able to creatively mobilize and combine the resources of multiple institutions while setting clear targets around a clear and measurable framework.
In the Philippines, there is a National Anti-Poverty Action Agenda (NAAA) which provides the framework and policy environment as well as the strategic action points where efforts will be concentrated over time in order to alleviate poverty. It builds on the lessons learned from past programs, such as the Social Reform Agenda (SRA), policy instruments such as the Social Reform and Poverty Alleviation Act of 1997 (R.A. 8425) and the Medium-Term Philippine Development Plan (MTPDP), and other studies, researches and legal documents pertaining to poverty elimination.
The NAAA is by nature multi-stakeholder and multi-dimensional. The conceptualization, design and articulation of its agenda were crafted after a series of consultations among the different stakeholders. It addresses the needs and aspirations, particularly of the poor. It is a product of active participation and mutual deliberation.
Indeed, the National Anti-Poverty Action Agenda (NAAA) comes as a significant turning point in giving all poor Filipinos the capabilities, opportunities and resources that will empower them economically, socially and politically.
As ends are inherent in means, four enabling instruments are proposed to achieve this vision: equitable and sustainable economic development, focused targeting, efficient and effective delivery of public goods and services, and people empowerment. The synergistic interplay of these four factors will result in poverty-reduction in the medium term and poverty-eradication in the long term.
Equitable and Sustainable Economic Development. It is important to acknowledge that historically and empirically, the inability to sustain rapid economic growth has resulted in the failure to generate massive employment and to provide adequate income opportunities. These have hampered efforts to eradicate poverty. Economic growth may even be accompanied by widening inequality if the rich get richer while the poor become worse off. However, the absolute improvement in the command over basic goods and services across the entire range of income distribution may more than offset the negative effects of rising inequality on the poor.
Strong macro-economic management will be needed to promote growth, but to be people-centered, macro-economic policies must concretely address and expressly respond to the problems of rising social inequality and further marginalization of the poor. Generally, too, more favorable initial conditions, especially in physical infrastructure and relatively low levels of income inequality, would result in a more positive response of poverty to growth. In the Philippines, however, the highly inequitable access to land, credit and infrastructure prevent the poor in many areas from responding favorably to the opportunities arising from growth and its spill-over effects.
It is, therefore, imperative to ensure that the poor benefit from the gains of economic growth arising from massive investments in critical social and economic infrastructure.
Agricultural development and asset reform are the twin measures to raise incomes and living standards in the countryside.
Focused Targeting. This type of intervention calls for a focused allocation of resources to disadvantaged groups, since initially, not all sectors of the population will immediately benefit from economic growth. Affirmative action will be needed for specific segments of the population (i.e., the poorest families and the most vulnerable and marginalized groups, as represented by the basic sectors).
Concentration of resources should take into account the differences in the way interventions affect the basic sectors. Participatory approaches are, more than ever, needed in order to arrive at a more culturally sensitive anti-poverty program.
The focused targeting approach is the social cohesion or the social solidarity component of the anti-poverty program. It complements the socio-economic agenda (growth with equity) as envisaged in the nation's development plan. While poverty is a multi-dimensional problem, focused targeting has the distinct advantage of putting the issue at centerstage in the economic policy-making agenda and it underscores the necessity of integrating special anti-poverty interventions into a comprehensive national framework.
Effective and Efficient Delivery of Public Goods and Basic Services. This calls for shifting more resources to basic social services and ensuring the quality of these services. Progressive reallocation of social spending means directing government resources toward the effective and efficient delivery of public goods such as health and nutrition, education, water and sanitation, housing, social welfare services, and other social safety nets. These are the key interventions of the government to protect and eventually empower the most vulnerable and disadvantaged sectors of society.
At the same time, the government must pursue reforms in the social sector and promote other forms of human capital formation to make Filipinos more productive and competitive in the international community. Furthermore, all government programs and projects in these areas must meet the criteria of fiscal viability and effective delivery, and at the same time, encourage self-reliance, in the long-term. International agreements should be used to reinforce the advocacy for increased support for basic social services. To this end, government agencies need to synchronize their service delivery capacities. Local governments should take on greater responsibility in implementing convergence programs and civil society must be a key player in bringing basic goods to poor communities.
Anti-poverty interventions along a broad social front that are linked to sustained growth plans can help trigger advances in per capita incomes and declines in the number of poor people--a case where pro-poor policies translate into pro-poor growth and human development.
Nevertheless, whether the interventions take the form of focused targeting or increased social spending, they will not succeed without a strong foundation at the community level and this calls for self-organization and self-governance.
People Empowerment. Empowering starts with the premise that people are capable and have a stake in looking after their own well-being, and in creating a sense of confidence and self-reliance. People can also defend themselves if they have access to institutions of justice. They can decide for themselves if there are mechanisms that increase their participation in decision-making, and can hold government accountable through veto power (i.e., by elections and recall of officials) and through coalitions that influence national policy-making. People empowerment is thus important both as a means and an end in poverty reduction. Empowerment strategies also help reduce the welfare orientation of poverty reduction programs.
Because the poor often encounter social exclusion, an effective anti-poverty program must be based on the organization, mobilization and harnessing of the capabilities of the basic sectors, on recognizing their right to self-determination, and on placing the success of the anti-poverty effort on their collective power.
Institutionalizing the process of people empowerment requires building capacities and institutions that allow the poor to participate actively in decision-making. The widening of people's choice and capabilities contribute to the formation and strengthening of social capital and intergenerational equity. The process of increasing social capital leads to the development of institutions in which the poor can directly share in the benefits, risks and responsibilities thereby enabling them to be equal partners in development.
For its part, the government can improve the prospects for people empowerment through asset transfer programs (which increase the social position of the poor and somehow lessen/bridge the gap between the poor and the rest of the population) and guaranteeing universal access to basic social services (which increases human capital among the poor). The government can also enforce a level playing field in all aspects of economic and political activities.
Over time, as the majority of the less-privileged people attain economic, social and political empowerment and as they become partners in the efficient delivery of social services, the government can concentrate more on its steering and facilitating role with respect to macro economic management.
Serving as the over-arching strategy is effective governance, which emphasizes the need for strong partnership and accountability between and among the members of the civil society, the private sector and government, in the war against poverty.
The best laid-out anti-poverty plans will not automatically result in poverty- reduction if there is poor management and lack of accountability. Institutions and systems must be put in place in order to ensure more accountability and transparency in the use of resources. Decentralization and empowerment are likewise needed to promote greater participation by the poor, to help enhance the capabilities of local government to take on anti-poverty initiatives, and to develop the paradigm that poverty-reduction programs are demand-driven (local communities are in the best position to determine their needs) rather then supply-led (as in the case of welfare programs which treat the poor as passive beneficiaries). Responsive and accountable institutions, which put decision-making closer to communities and which ensure the fair and transparent allocation, can surely benefit the poor.
As earlier portrayed, the present administration is committed to achieving sustained growth with equity, through a stable, strong and functioning democracy initiated by preceding administrations. It continuously advances the peace process. However, it is currently faced with numerous challenges, which pose obstacles in the country's fight against poverty. On the level of government, corruption remains a sizeable problem. It is estimated that very large amounts of public funds are being lost to both political and bureaucratic corruption. This problem hampers the provision of public goods and basic social services by depriving government of much needed funding. Cronyism and nepotism also persist, such that friends and relatives of high officials are able to wrangle hefty government contracts in exchange for 'under-the-table' commissions. Resultantly, an anti-corruption strategy and framework was recently launched in an effort to combat the problem and complement the government's pro-poor and pro-growth stance.
My friends, such challenges appear to hover over all nations around the globe. I came to realize this during the recent gathering of Asian Ombudsmen in Manila as I listened to their reports relative to the problems existing in their respective countries. Energized by these reports, I was reminded of my task (assigned by our good Chairman Shikita) of finding out how the criminal justice system plays a pivotal role in alleviating poverty. Corruption having been pointed to as one of the principal factors that causes poverty, super-human efforts must be exerted to exterminate the same--and this is an area where an effective administration of criminal justice is badly needed.
People in the economic and financial sectors often speak of improving policies, laws, rules and regulations toward solving the global problem of poverty, but they tend to forget the consequences--if such laws, rules or regulations are transgressed. The violators/offenders will certainly enter the portals of the criminal justice system--and if they go scot-free, any law, rule or regulation will just be a useless scrap of paper, thereby giving rise to a proliferation of criminals even perhaps transnational criminals which will haunt all the more the people in the marginalized sector. And if they fail to get justice from the pillars of the criminal justice system, perhaps they will be compelled to pursue extra legal remedies.
As we start our fight against that international enemy, called "corruption", which has caused suffering to millions of human beings, let us first ascertain its identity--and how it works. The word "corruption" is defined as an "impairment of integrity, virtue, or moral principle; " "inducement (as of a political official) by means of improper considerations (as bribery) to commit a violation of duty" (Webster's Third New International Dictionary, p. 512). In other words, it connotes moral deterioration which is widespread; use of corrupt practices, like bribery or fraud; irregular alteration (of a text, language, etc.) from its original state.
In general, the term "corruption" is used to refer to any action by which a public office is used or, more appropriately, abused for private gain. The types of illegal and illicit behavior range from hundreds, to thousands, and vary markedly in terms of their sophistication and ultimate burden upon development.
Global experience shows how, and in how many ways, corruption undermines development. Corruption undoubtedly hurts the poor as it diminishes the quality and delivery of public services and raises the prices of goods and services. Corruption allows the production and delivery of sub-standard goods and services, which in the end can result in accidents and fatalities. Moreover, because it reduces funds available to the government, corruption also erodes the extent and quality of public services available to the people.
Studies have shown that corruption has emerged as a key concern of the poor across the globe as it has accentuated problems of poor growth and underdevelopment. Its major impact is through loss of scarce resources. Corruption in revenue-generating agencies means less money for the government budget. Improper allocation of resources in the budgetary process means less resources to meet development priorities. For businesses, corruption acts like a tax on investment and tends to reduce domestic and foreign investments.
Perhaps the most pernicious impact of corruption is its social damage. The costs go far beyond losses to a nation's treasury and lost opportunities for development. It thereby leads to a corrosion of values and a breakdown of social norms, resulting in a perverse "make do" culture--where the honest are discriminated against, and the role model is one whose success is predicated not on hard work but on skill in "fixing" deals. Corruption thereby acts as a disincentive for hard work and competition, cutting the roots of a competitive, market economy that relies on the rule of law, transparency, and enforcement of honest contracts.
Viewed from many angles, therefore, a vigorous and credible program to combat corruption deserves high priority. During the recent conference of Asian ombudsmen in Manila, we observed that each country, institution, and region has its own variety of corruption--thus, specific and tailor-made programs were portrayed to fight the same.
In the Philippines, the key government institutions engaged in anti-corruption are the following: Office of the Ombudsman, Civil Service Commission, Commission on Audit, Presidential Commission Against Graft and Corruption, Department of Justice, National Bureau of Investigation, and Inter-Agency Anti-Graft Coordinating Council.
Office of the Ombudsman. Created as a constitutional body in 1987, it is the lead agency for enforcing public accountability. It is mandated to act as a watchdog and a dispenser of justice. Thus, it is charged with five major functions: investigation, prosecution, administrative adjudication, public assistance, and graft prevention.
In preventing graft and corruption, the ombudsman has the power to investigate and prosecute up on its own initiative or upon complaints filed with its office. It takes criminal cases to court--in case of high officials (from director level and above) to the Sandiganbayan. It also adjudicates administrative cases--and its decisions are appealable to the Court of Appeals (High Court). It further helps determine the causes of mismanagement and corruption in government, and makes recommendations for their elimination. Finally, it has a more general role in nurturing an environment of integrity and honesty.
Civil Service Commission. As the chief personnel agency of the government, it is mandated to establish an efficient, ethical, and publicly accountable civil service where appointments are made only according to merit and fitness.
In fighting graft and corruption, the Civil Service Commission assumes three (3) roles: (1) preventive role--by setting the standards and norms for appointment to government posts and enforcing the behavioral norms and standards prescribed for public officials; (2) punitive role--by meting out penalties and punishments for the transgression of its rules and regulations; and (3) quasi-judicial role--by deciding administrative complaints instituted by or brought before it directly or on appeal. Its decisions are also appealable to the Court of Appeals (High Court).
Commission on Audit. It is empowered to examine, audit and settle all accounts pertaining to the revenue, receipts, expenditures, and uses of funds and property of the government, its agencies, constitutional bodies, commissions, and entities given financial autonomy under the Constitution. As the chief agency for detecting financial irregularities, it can settle administrative cases on its own, but it refers criminal cases to the Ombudsman's Office for prosecution.
The Commission on Audit conducts independent audits to provide adequate, reliable and current information on the affairs of government so as to promote accountability, transparency, economy, productivity, and effectiveness in the conduct of governmental operations.
Presidential Commission Against Graft and Corruption. It was set up in 1994 to investigate on its own, or on receipt of complaints, violations of the anti-graft laws by presidential appointees.
It looks at administrative cases only--not criminal charges. It deals with government officials from the level of director and above. It is an advisory body and can only make recommendations to the President who finally decides upon the penalty. Suspension is the most severe punishment PCAGC can recommend.
Department of Justice. As the primary criminal prosecuting arm of the government, it is responsible for ensuring the successful prosecution of graft cases. Its prosecutors may be deputized by the Ombudsman to prosecute its cases in regular courts, which usually happens when the Office of the Ombudsman does not have an office in the area.
National Bureau of Investigation. Its operatives act on complaints and/or information coming from intelligence or other sources. The bureau is responsible for gathering evidence for probable cause hearings which would lead to the filing of appropriate charges.
Inter-Agency Anti-Graft Coordinating Council. Set up in June 1997, the council was composed of the Commission on Audit, the Civil Service Commission, the National Bureau of Investigation, and the Presidential Council Against Graft and Corruption. Said group was subsequently joined by the Office of the Ombudsman and the Department of Justice. The council was institutionalized by an Administrative Order issued by the President in 1999.
The council's main objective is to control graft in the government by sharing data and resources to enhance each member's success in its own sphere-all working toward a common goal, that is, the maintenance of integrity and efficiency in government.
The foregoing portray the role of the criminal justice system in preventing and weeding out corruption, which is considered to be the basic cause of poverty.
Indeed, fighting corruption is difficult and needs to be seen as a marathon that requires long and steady efforts over many years. However, as projected during the afore-mentioned conference of Asian Ombudsmen in Manila, the anti-corruption efforts of some countries in designing their anti-corruption programs gave rise to six lessons, to wit:
Lesson 1. Commitment of the political leadership is crucial. The political leaders must be sincerely committed to eliminating corruption. They must show exemplary conduct and adopt a modest lifestyle and should not be involved in corrupt practices themselves. Anyone found guilty of corruption must be punished, regardless of his position or status in society. If the "big fish" (rich and famous) are protected from prosecution for corruption, and only the "small fry" (ordinary people) are caught, the anti-corruption agency will fail for lack of credibility.
Lesson 2. Comprehensive strategy is more effective than incremental measures. To combat corruption, comprehensive anti-corruption measures are needed to minimize corrupt behavior among civil servants and the population--incremental measures will not work. Specifically, anti-corruption legislation must be comprehensive to prevent loopholes and must be periodically reviewed to introduce relevant amendments whenever required.
Lesson 3. The Anti-corruption Agency itself must be incorruptible. This seems obvious because if anti-corruption agency members themselves are corrupt, they will be ineffective in curbing corruption. To ensure the integrity of its staff, the agency must be controlled or supervised by a leader who is himself honest and upright. The agency must also be staffed by competent personnel with unblemished record. Any member found guilty of corruption must be punished and immediately dismissed from the civil service.
Lesson 4. The Anti-corruption
Agency must be removed from police control. The anti-corruption
agency must be removed from the police as soon as possible as
its location within the police prevents it from functioning effectively,
especially when the police forces are corrupt. Police involvement
in some countries in anti-corruption activities has made the
fight against corruption more difficult.
Lesson 5. Reduce opportunities for corruption in vulnerable agencies.
Opportunities for corruption must be reduced or minimized, especially
in government entities that are highly prone to corrupt activities
such as the customs, immigration, and internal revenue bureaus,
and police. These agencies should review their procedures periodically
in order to reduce the opportunities for corruption. Civil servants
found guilty of corruption should be promptly and severely punished
so as to deter others from following suit.
Lesson 6. Reduce corruption by raising salaries if affordable. Finally, the incentive for corruption among public officials should be reduced by ensuring that their salary and fringe benefit is comparable to those in the private sector. A civil servant or political leader will be more vulnerable to corruption if his salary is low or incommensurate to his position and responsibilities. However, governments might not be able to raise salaries substantially unless there is economic growth and adequate financial resources.
Indeed, a wholistic view of the reports showed that no country is immune from corruption. However, corruption can thrive only where economic opportunities for it prevail and political will to combat it is lacking. Corruption is a symptom of a country's basic economic and political problems. Addressing corruption effectively means addressing its underlying economic, political and institutional causes. A comprehensive approach is needed, i.e., one that goes beyond issuing declarations and policy statements. Furthermore, to assure results, mutually supportive mechanisms must be created between government, business, and civil society. A tripartite alliance of this sort is a tool and a symbol of a country's commitment to eliminating corruption. Above all, a tough, consistent, and unambiguous commitment of the top political leadership is the one indispensable variable for success.
With all the foregoing, as the ACPF kleiglight was focused on the Philippines, a vigorous and credible program to combat corruption was seen--and the same appeared to be enjoying a high priority. Indeed. the Philippines today offers many preconditions that auger well for a successful anti-corruption campaign. In the post-Marcos era, anti-corruption initiatives were launched and an institutional infrastructure created. Inclusion of governance and anti-corruption as key elements of the Medium-Term Philippine Development Plan are assets. Other positive elements are considerable knowledge about the problem; a record of successful anti-corruption programs in key agencies; and donor-willingness to support anti-corruption and governance initiatives. The Philippines' vibrant civil society and mass media, which have brought public focus on the issue, are also dynamic allies in the effort, as is the private sector. Congress is another critical player in the fight against corruption, both through its legislative functions, and through setting a good example. What is encouraging is that the public has faith that the problem is not insurmountable and thinks that the government can be run without corruption.
This World Conference is, indeed, significant, for it shows an international organization's concern for the millions of people around the globe afflicted with the modern scourge, thereby opening our eyes to the needs of those who are poor and excluded. Indeed, extreme poverty is a source of violence, bitterness and scandal. The task of eradicating the same calls for the work of justice and, therefore, the work of peace. ACPF's solution, i.e., advocacy for an active participation of the criminal justice system in alleviating poverty is certainly a healthy sign that the global menace will soon be exterminated.
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