April 17, 2003 Posted: 13:08 Moscow time (09:08 GMT)
At a Kremlin meeting on Feb. 19, President Vladimir Putin publicly
challenged the leaders of the Union of Industrialists and Entrepreneurs
(RSPP) to help destroy the breeding ground for corruption.
RSPP is a business association that includes the financial-industrial groups
that secured control of a majority of Russia's wealth during the past decade
of privatization. The association responded by creating a working group that
will recommend administrative reform measures to the president within three
months.
Many analysts dismissed the exchange between Putin and RSPP as one
staged to help the Kremlin manage public debate over corruption, leading
toward the election season.
Ironically, the Feb. 19 meeting skirted scrutiny of the business practices of
RSPP members. It is tempting to view it as a post-Perestroika production of
Gogol's Inspector General.
Instead, consider the ways that the president's vocal position can spur the
public debate and advance civil society's objective to reduce corruption. The
public tends to blame the demand side of the corruption equation - that is,
civil servants at all levels and bureaucrats of all stripes.
Who to blame?
Such blame, in turn, leads to a focus on administrative reform - particularly
reducing obstacles to business that provide civil servants the opportunity and
incentive to demand bribes and engage in other forms of rent-seeking.
Russia, however, must attack the breeding ground from both the demand
and supply sides. To succeed, the supply side, or private sector, must accept
a significant degree of responsibility.
Perhaps this is why, on Feb. 19, the Russian president directed his challenge
for concrete suggestions to RSPP.
Russia's leading financial-industrial groups have been and remain in a position
to mold government decrees and regulations, licensing and tendering
procedures to secure ownership of state assets - also known as state
capture. World Bank and European Bank for Reconstruction and
Development studies show that countries with a high incidence of state
capture tend to be weakened by poor governance of economic
development. Licenses or tenders granted without competition create
conditions under which a few companies monopolize public resources and
tax-paying, efficient businesses subsidize inefficient enterprises. State capture
by large enterprises creates barriers to market entry by small-to-medium-size
enterprises (SMEs) and foreign investors.
It impedes the rule of law and undermines confidence in government
institutions.
Russia's market development has also been hindered by a related
phenomenon - business capture. A business group seeking to take control
of assets owned by a private company turns to government officials for
assistance.
Officials use their positions to manipulate courts, laws and administrative and
law-enforcement agencies to help the group secure the company's property.
This trend also severely undermines the credibility of institutions required to
govern a market economy. Perhaps this is why, in a speech before the
Interior Ministry on Feb. 6, Putin warned law enforcement authorities to
cease becoming involved in private commercial disputes.
Notwithstanding the fact that civil servants play a role in both state and
business capture, these practices are bred in the private sector. The breeding
ground can be attacked only if private sector leaders take initiative.
There are numerous market incentives for RSPP and other business leaders
to adopt anti-corruption practices. They include enhancing reputation and
good will as business assets, reducing the risk and costs associated with
capture, strengthening competitive position, increasing shareholder value, and
gaining access to capital and credit on better terms. In the long-term, RSPP
requires institutions that can govern a market economy built on true
competition.
To meet Putin's challenge, RSPP should take concrete initiatives that can be
implemented largely by the supply side. In particular, RSPP members should
form integrity pacts with other large businesses, SMEs and
non-governmental organizations (NGOs) at the national and regional level
designed to institute conditions for transparent and fair business competition.
The most concrete form of an integrity pact is a no-bribery pledge, under
which companies entering a government tender or privatization bid and the
officials responsible for choosing the winner commit to a transparent
procedure. In particular, they pledge not to offer, pay, accept or seek bribes
of any kind during the tender.
To show their good faith, they may place funds in escrow that they would
relinquish if they did engage in bribery. If a business does not abide by the
guidelines, they lose the bid and other participants in the pledge can stop
doing business with or blacklist them.
Such pacts have been implemented to one degree or another throughout the
world, including in Ecuador (tender for oil refinery rehabilitation), Panama
(privatization of telecommunications), Indonesia (Technology Ministry),
Argentina (subway and bridge construction), Nepal (municipal contracts)
and Benin (highway construction).
In order to maximize impact on economic growth, RSPP should form
integrity pacts that help both large enterprises and SMEs. Disproportionately
injured by the extortion practices of officials at all levels, SMEs are already
taking local initiatives throughout Russia.
Clubbing together
For example, in St. Petersburg, a highly regarded economics professor, Lev
Kaplan, and the General Director of the U.S. subsidiary of Otis Elevator,
Vladimir Marov, have led the formation of an Honest Builders' Club.
The coalition dedicated to fair business practices now includes 30 of the
largest local construction companies, various NGOs and the city's
Vice-Governor for Construction.
RSPP can find ample know-how for combating corruption in the
ground-breaking research being performed by Russian NGOs. According to
a recent study by the Center for Anti-corruption Research and Initiative of
Transparency International-Russia and INDEM, Russian citizens pay more
than $30 billion a year in bribes, not only to conduct business but also to
secure access to health, education and housing. A Transparency
International-Russia survey shows how corruption continues to breed at a
rapid pace in regional and local governments.
Targeting the regions
RSPP leaders should also take initiative in the regions in which they operate
their factories. They are in the best position to help institute local programs to
monitor government agencies and budget processes, increase access to
information regarding allocation of public resources, and foster independent
oversight of public procurement.
Business has a direct incentive to address such issues at a regional level. The
human resources of any company are more productive and efficient in an
environment where employees feel secure about bribe-free health care,
education, and housing services.
To galvanize Russia's public debate over corruption, it is vital to remove the
sole responsibility for reform from government. By focusing on the
supply-side, debate can lead to more direct, immediate and measurable
action.
In turn, by taking the initiative, the private sector assumes a position to
demand government steps to guarantee that regulatory processes are fair,
open, competitive and informed.
(Matthew H. Murray is chairman of the Center for Business Ethics &
Corporate Governance in St. Petersburg. Elena A. Panfilova is general
director of the Center for Anti-Corruption Research and Initiative,
Transparency International-Russia.)
The Russia Journal