Corruption Must Be Punished
As a country, we have unconsciously yet collectively agreed that Barbados should be governed by the rule of law. Therefore, in instances where breaches of the law are apparent, the necessary investigations should be performed and individuals held to account when found guilty of wrongdoings. Yet, to all appearances, with regards to elected officials, exceptions to these principles and procedures are apparently acceptable.
Investigations into the potential wrongdoings of elected officials have been uncommon, and domestically, charges have never been filed. This reflects a failure of our governing and law enforcement institutions to hold elected officials accountable, as it is unlikely that all officials have been free of impropriety. Over numerous administrations, Barbadians have heard the murmurs of financially suspicious activities by elected officials, and have at times responded through elections. However, it cannot be sufficient that in a society governed by the rule of law, that these officials are only accountable at ballot box.
This accountability deficit that elected officials enjoy conveys to Barbadians that the privilege and the well connected are shielded from the hand of justice. The message is also sent to elected officials that engaging in wrongdoings are met with an extremely low probability of punishment. If Barbados is truly committed to combating corruption, we must convey that the rule of law applies to all, including politicians.
Pursuing investigations and imposing punishments are deterrent measures for future impropriety. Yet, holding elected officials accountable proves challenging as a “gentleman’s arrangement” of a sort emerges amongst them. It is this continuous practice of my turn today, your turn tomorrow that frustrates the pursuit and attainment of justice. This political fellowship is partially responsible for the absences, inadequacies and loopholes in laws. These allow officials to operate with excessive executive authority and insufficient transparency that ultimately results in low accountability.
This excessive authority is reflected in legislation such as the Financial Administration and Audit Act. Under this Act, the general tendering rules can be by-passed at the discretion of ministers and Cabinet that subjects the process to potential abuses. Such executive privileges coupled with low transparency present challenges when seeking to uncover impropriety. This highlights the need to improve Barbados’ legal framework to protect against contractual and other arrangements that could be iniquitous.
Additionally, the provisions of resources; whether evidence, finances and expertise, that are necessary for the commencement of investigations into potential malfeasance ought to be provided to law enforcement bodies. However, it appears that the absence of complainants present procedural hurdles for law enforcement to launch their investigations into elected officials’ actions. If determining who should be the complainant is in fact a difficult task, this compounds the public’s sentiment that elected officials are simply not to be pursued. Therefore, for the sake of Barbadian’s confidence in the rule of law, this hurdle must be cleared. This would represent a bold and necessary step in challenging the culture of bi-partisan political fellowship that hinders anti-corruption efforts.
As Barbados seeks to put its fiscal house in order, it cannot afford instances where business or taxpayer’s monies are lost due to corruption. Therefore, these fiscal concerns should press this administration to enact legislation that promote good governance and that detects, deters and punishes corruption. These include measures that comprehensively address matters of procurement, freedom of information, open data, campaign finance and corporate governance.
Barbados is at junction where the quality of life for the next generation will be determined by the successes of reforms. Although fiscal reforms are top priority, government must recognize that policy successes will be dependent on multifactorial considerations in policy decision-making. On this account, we ought to acknowledge the benefits of an equitable approach to the rule of law to combat the high fiscal cost of corruption. The island can no longer accept a culture where political fellowship outweighs holding elected officials to account. As such, anti-corruption prescriptions must include criminal accountability as a form of deterrence.