The World Bank-United Nations joint initiative to help developing countries recover assets stolen by corrupt leaders could be a tremendous boost to the Indonesian government's efforts to hunt down the billions of dollars allegedly stolen by Soeharto between 1967 and 1998.
However, the final results of the campaign to trace and recover the embezzled funds will still depend on the integrity and performance of our law enforcement agencies, notably the court and anti-money laundering systems.
The experiences of countries such as Nigeria, Peru and the Philippines, which have succeeded in tracing and recovering billions of dollars of state assets stolen by their former heads show that strong domestic political will and the ability to implement legislative reforms and prosecute former corrupt officials is fundamental to successful asset recovery.
However, none of our presidents -- B.J. Habibie, Abdurrahman Wahid, Megawati Soekarnoputri or incumbent Susilo Bambang Yudhoyono -- seem to have the political courage required to prosecute Soeharto.
It is a further disgrace to the integrity of our justice system that the World Bank-UN report puts Soeharto at the top of the 10 most corrupt former leaders, alleging he stole anywhere between $15 billion and $35 billion.
Even the latest legal move -- the US$1.50 billion civil lawsuit filed by the attorney general against Soeharto at the South Jakarta District Court in early July -- appeared to be simply a public relations ploy to assuage the public's frustration with the government's indecisiveness regarding the former authoritarian ruler's alleged crimes.
But how could the new initiative of the UN and the World Bank help strengthen the hands of our law in tracing and recovering the billions of dollars allegedly hidden by Soeharto and his family?
After all, the World Bank itself has acknowledged it closed its eyes to corruption within its multi-billion-dollar projects in Indonesia during Soeharto's rule.
First of all, the new program, called the Stolen Asset Recovery (StAR) initiative, will step up legal action against corrupt government leaders from bilateral to multilateral battle under the World Bank-UN umbrella.
Hence, the 140 countries that have signed and ratified the UN Convention Against Corruption (UNCAC), are obliged to provide mutual assistance to each other to trace and recover stolen assets.
Under StAR, the World Bank and the UN Office of Drugs and Crime will help such countries as Indonesia with technical assistance and grants to improve its institutional capacity to trace and recover stolen assets, and will see to it that countries on the receiving end of the stolen assets comply with the UNCAC provisions.
The initiative will thus foster much needed cooperation between developed and developing countries and between the public and private sectors to ensure that looted assets are returned to their rightful owners.
Yet more importantly, the UN-World Bank joint battle could strongly deter countries from becoming havens for corrupt money, and corrupt leaders will find it increasing difficult to hide their ill-gotten gains.
Many developing countries have been hindered by their inadequate capacity to prepare indictments, collect and present evidence, properly adjudicate cases and win convictions, trace the proceeds of corruption and obtain valid freezing and confiscation orders.
The problem, as Indonesia has encountered, is that asset tracing and recovery always entails a host of complications and difficulties, including conducting investigations in two or often more jurisdictions, legal differences between common law and civil law between countries or dual criminality conditions.
Herein lies the importance of UNCAC, the legal foundation for the StAR initiative. State parties (signatories) to UNCAC are obliged to extend mutual legal assistance in investigations, prosecutions and judicial proceedings for the return of embezzled public funds on the basis of a final judgment in the requesting state.
It is thus quite clear that any action involving cooperation of other countries within the UNCAC framework still depends on the final (court) judgment in the requesting state.
Other countries, notably developed ones, where our stolen assets are hidden, may not cooperate because they do not trust our court decisions and the credibility of our court system.
0 comments:
Post a Comment