UNCAC & A Megatrend of Anti-Corruption
Written by Li-Chang Kuo
UNCAC is targeting ‘Anti-Corruption’; nowadays, it has become a spindle of the Debate of Taiwan’s Presidential Election. How to open the way for next generation? The answer is ‘EliminateTaiwan ’s Corruption’ and renewal Taiwan to increase
the strength for new era, and thereafter, peace and prosperity will come again.
UNCAC is targeting ‘Anti-Corruption’; nowadays, it has become a spindle of the Debate of Taiwan’s Presidential Election. How to open the way for next generation? The answer is ‘Eliminate
UNCAC, the UN Convention
Against Corruption is the most comprehensive anti-corruption convention, entry
into force on 14 December 2005; UN’s Global Compact determined to eliminate
corruption for the purpose in order to build sustainable, inclusive and
transparent societies. In October 2015, TPP has set the rule and in Chapter 26 as
a special chapter for Anti-Corruption, expecting to implement the government's
transparency and good governance. The APEC 2015 CEO Summit of November held in
Manila, Philippines, the Leaders recognized that corruption impedes economic
sustainability and development, in order to building inclusive Economies, they agreed to combat the harmful
effects of the illegal economy and to promote cultures of integrity across borders,
markets, and supply chains, and reaffirmed their commitment to open and accountable governance and to promoting
international cooperation in the areas of repatriation or extradition of
corrupt officials, asset recovery, criminalization, and prevention of
corruption among APEC member-economies,
this is in line with the provisions of UNCAC from ‘Prevention, Criminalization,
International Cooperation’ to ‘Asset Recovery’. APEC Leaders declared supporting
the APEC Network of Anti-Corruption Authorities and Law Enforcement Agencies in
advancing pragmatic anti-corruption cooperation and welcome the Cebu
Manifesto for the Protection of Anti-Corruption Officials. From UN to
the regional agreement and declaration, we’re told that ‘Anti-Corruption’ has
become a megatrend in the world.
In accordance with article 68 (1) of resolution 58/4, the
UNCAC entered into force in December 2005, a Conference of the States Parties
is established to review implementation and facilitate activities required by
the Convention. UNCAC covers a wide-range of corruption
offences, including domestic and foreign bribery, embezzlement, trading in
influence and money laundering. The UNCAC provisions obligate State Parties to
take a number of public and private anti-corruption measures of ‘‘Prevention, Criminalization,
International Cooperation and Asset Recovery’. The UNCAC constantly updated and
reinforcement and established the ‘Review Mechanism’ since the signing of it for
implementation of its purposes.
Viewing the APEC 2015 for
building sustainable and resilient communities and disaster-resilient economies,
and building on Leaders’ commitments in previous years, they will take actions
to combat wildlife trafficking and related corruption through further reducing
illegal supply, transit, and demand; strengthening domestic and global
enforcement, enhancing legislative frameworks, and other criminal justice tools,
enhancing efforts in each of our economies to treat wildlife trafficking crime
seriously; and increasing cross-border law enforcement cooperation, and other
interaction among wildlife enforcement networks as appropriate. These APEC’s objectives
are same as the affairs of the UNCAC.
In regarding to the Chapter
26 of TPP Agreement to Anti-Corruption, 12 Parties agreed to ensure certain due
process rights for TPP stakeholders in connection with administrative
proceedings, including prompt review through impartial judicial or
administrative tribunals or procedures. They also agreed to adopt or maintain
laws criminalising offering to, or solicitation of, undue advantages by a
public official, as well as other acts of corruption affecting international
trade or investment. And Parties also committed to effectively enforce their
anticorruption laws and regulations. As to the public officials, they agreed to
endeavor to adopt or maintain codes or standards of conduct for their public
officials, as well as measures to identify and manage conflicts of interest, to
increase training of public officials, to take steps to discourage gifts, to
facilitate reporting of acts of corruption, and to provide for disciplinary or
other measures for public officials engaging in acts of corruption. Look back
to APEC 1997, we proposed that ‘Code of Ethic’ as one of Teaching Materials to
the ‘APEC Sub-Institute of SME Consellors Training & Certification’, it’s
in line with the recent TPP’s rule to the public officials, because the collusion
between public sector and private sector is the most serious acts of corruption
which must be thoroughly eliminated from the information society of 21st
century.
In fact, we had submitted
at APEC 2003 about a
view to the ‘corruption’ that “Corruption is a major obstacle to social and
economic development.” And the response was “By working in 2004 at APEC of
Chile to develop specific domestic actions to combat corruption and promote transparency
by implementing our general and area-specific transparency standards through
our Transparency by 2005 Strategy.” In spite of emphasizing by the Leaders’
Declaration; unfortunately, no legal
constraint in APEC, the best practice ‘Global
Channel-TES’ we proposed at APEC 2003 that suffered a serious non-economic
factors interfere in Taiwan ,
and could not attain the mission goal. When the leaders who concerned the said
best practice at APEC 2006 CEO Summit, they heard that inventor and speaker
Linda Din was attacked to dementia, aphasia and amnesia by the public-private
evildoers of Taiwan, they decided to enhance the theme of ‘Anti-Corruption’,
and they identified corruption as one of the greatest obstacles to economic and
social development, and agreed to fight corruption and usher in a community of
integrity by effectively implementing APEC Anti-corruption and Transparency
(ACT) Task Force's initiatives through enforcement of anti-bribery law,
prosecution, law enforcement, and denial of safe haven. Moreover, they endorsed
the APEC 2006 Key Deliverables on Prosecuting Corruption, Strengthening
Governance and Promoting Market Integrity, and encouraged APEC economies to
strengthen APEC's work and to complete a progress report on the implementation
of ACT commitments by 2007. In addition, they instructed Senior Officials to
work with ABAC and other business leaders to strengthen corporate governance to
assure greater economic opportunities and prosperity.
Even so, the evil
Moab-king who came to ask me for his strong cooperation willingness since 2000,
he invited me at Hotel Melia of APEC 2006 in Hanoi, Vietnam to talk about continuing the
previous matter of cooperation, I answered: “Just follow that year we’re talking
about paying the Licensing fees of Patent TW#212870 for the TRD (Contactless
Transaction Reading Device)…” However, those evildoers were not only paying any
penny, but also laying the snares to unfold the ‘Action of Destroying the Nest’;
they also mounted the TRD everywhere in Taiwan in April 2007 and neglected
the Anti-Corruption Declaration of APEC.
The next year, ‘Lima
Anti-Corruption Declaration’ of APEC in Peru clearly pointed out that “Combating
Corruption in the Region, because corruption in both the public and private
sectors is a serious threat to social and economic development in the region. Leaders
recognized that when criminal entities collude with corrupt public and private
sector officials, it results in a culture of impunity and financial
exploitation of the legitimate economy. Consequently, they agreed to leverage their
collective will to combat corruption and related transnational illicit networks
by promoting clean government, supporting public-private partnerships, fostering
market integrity and transparent financial systems. And they recognized that
the criminalization of corruption can facilitate greater regional cooperation. In
support of our earlier APEC anti-corruption commitments, they commended efforts
undertaken by member economies to develop comprehensive anti-corruption
strategies. These include efforts to restore the public trust and protect
against the abuse of our financial system through financial intelligence and
law enforcement cooperation related to corrupt payments and illicit financial
flows. These anti-corruption activities through APEC are consistent with the UN
Convention Against Corruption (UNCAC), which they encouraged economies to
ratify and implement, where applicable. And also supported the revised
Financial Action Task Force (FATF) recommendations, where appropriate. They
welcomed the Lima Anti-Corruption Declaration on Financial Market Integrity through
Effective Public-Private Partnerships and the APEC Guidelines for Public-Private
Action against Corruption.
We’re grounded in a mission
goal of ‘Open the Way for Next Generation’ to invent ‘The Electronic-store
System’ (TES) which was a new-tech trade and economic system able to form a
global channel for the nascent entrepreneurs gain better market access, and
also as tool of a multilateral trading system to meet the Bogor Goal which
announced at APEC 1994. The ‘E-Commerce’ proposed at APEC 1998
was in the ‘TES’ and the ‘ICT’ at
APEC 2000 as well. But Taiwan ’s
corrupt group totally ignored the international conventions to attack the
inventor to lose her three rights—‘Work, Property and Life’ securing by the
Article 15 of Constitution. The Lima Anti-Corruption Declaration emphasized on that
plague of corruption, but the furious attack of Taiwan’s corrupt group more
stronger since 2008, and reached their plot of ‘Destroy the Nest’ in 2013.
Meanwhile, we’ve been seeing the decline of Taiwan society, but the entities of
corruption are still impunity.
APEC Anti-Corruption
Declaration is in line with the UNCAC, the world is in this megatrend of
Anti-Corruption, towards risk reduction, lower obstacles and fewer barriers.
During the APEC 2015 in
Manila, under the topic of ‘Creating the Future: Better, Stronger, Together’,
the global famous firm—PwC did a ‘2015 APEC CEO Survey’, the result shown that
21 APEC Economies, about doing business in APEC, Taiwan ranked just in the front
of Papua New Guinea, Brunei Darussalam, New Zealand, Russia, Peru and Chile,
and far behind in the Philippines, Vietnam and Indonesia. Today, Taiwan is still hiring many foreign workers from
Philippines , Vietnam and Indonesia . In case of continuing
with impunity concerning the corrupt events such as food security, collusion
between public and private, and those theft and infringement on IP; if it could
not be ceased, serious tendency of decline might cause a certain day young
Taiwanese to be Tai-labor of South-Asia countries..