Corruption and Human Rights Violations

Posted: Januari 11, 2011 in Research Papers

Corruption and Human Rights Violations

So far, the issue of corruption seen in isolation from human rights (human rights). Even in conversations about the agenda of fighting corruption, upholding human rights perspective received less attention. When in fact, human rights could be one means of analysis of the practice because corruption always cause casualties, the public at large. This is a fundamental distinction between the embezzler and a thief. When school is stolen, the lost may only money, a set of teaching equipment, etc.. But when corruption occurs in schools, one would expect the whole world

Elitist strategy
Corruption is understood as the abuse of power and authority for personal gain. From a legal standpoint, the Anti-Corruption Act defining the four elements of corruption, abuse of authority that is element, element enrich themselves or corporation, the financial harm element of the state and elements of lawlessness.
Another sense of well-known corruption formulated by Robert Klitgaard. Klitgaard formulate that corruption occurs because the power and authority are not balanced with accountability. C = M + D – A, Corruption = monopoly + discretion – accountability.

When we stopped in this sense is as if corruption is not relevant to human rights. In the realm of strategy, eradication of corruption is not too related to human rights enforcement. If you follow the formula Klitgaard, corruption can be eradicated by reducing the monopoly and authority and at the same time encourage greater public accountability. From a legal standpoint, corruption can be eradicated by imposing severe penalties against the perpetrators so that a deterrent effect for others. Corrupt individuals can be suppressed with heavy sanctions.
Strategies to eradicate corruption in Indonesia dominant today also followed a similar pattern, done through institutional reform. Anti-Corruption Act is deemed not relevant to the Act is replaced by a more comprehensive and advanced. Prosecutorial and police who failed to eradicate corruption assessed reduced role with the formation of the Corruption Eradication Commission. The Commission is also equipped with extraordinary powers to break through the barriers in law enforcement as experienced by prosecutors and police. The ultimate goal is the existence of heavy sanctions for the corrupt.

But the strategy is not working effectively. Mainly because it tends to elitist and does not include the community. Eradication of corruption, within the framework of this strategy, is the task of legal experts, researchers and certain groups who have particular knowledge and skills, including NGOs in it. That came later rather than participation, but the mobilization of public support for policies that have been formulated. Therefore, despite the various regulations and the Act are made, agencies and commissions established, eradication of corruption as not to show results.
One strategy that can be done to encourage community participation is to look at corruption as a violation of human rights. Likewise, the anti-corruption strategy, should be placed as part of efforts to uphold human rights.
Human rights and corruption
To reconcile the idea of human rights and corruption can be seen in human rights documents, namely the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).
From the documents above, corruption is really a human rights violation. Especially in some of the following rights.

Right to affiliate
Included in this category is the right to self-determination (Pasal1 ICCPR, ICESCR Article 1), the right to organize (ICCPR Article 22, ICESCR Article 8), the right to freedom of cultural practices and beliefs (Article 27 ICCPR, ICESCR Article 15) and the right to freedom religion (ICCPR Article 18). Violation of these rights occurs when the corruption occurred in the government adopted a policy that causes damage to the environment, benefit large corporations and marginalize indigenous peoples who have inhabited the region from generation to generation.

Right to life, health and body integrity
Included in this category is a freedom from torture (ICCPR Article 7), the right to life (ICCPR Article 6), the right to health (ICESCR Article 12) and the right to an adequate standard of living (ICESCR Article 11). One example of this violation is the import of hazardous wastes from Singapore. How is it possible hazardous waste that threatens not only the environment but also get into the health of Indonesia? The reason is corruption that involves many parties.
Another example can be mentioned is torture committed by military forces using the Freeport facility in Papua. Alleged involvement with the Free Papua Organization, military officials that get funding “safety” of PT Freeport to the torture of public figures who opposed the presence of Freeport.

Right to participate in politics
Included in this category is the right of freedom of expression (ICCPR Article 19), the right to vote in general elections (ICCPR, Article 15). Freedom of expression including the right to obtain information in various forms. Violations of the rights of freedom of expression can be seen in the defamation lawsuit perpetrated against the media and anti-corruption activist.
Likewise, money politics practices in the general election can be categorized as a violation of the right to vote. With the money politics, the choice given by the voters rather than on personal desires but because the motivation of money so that the elections have no integrity anymore.

Rights to law enforcement and non-discrimination
These rights include the right to a fair trial and the individual awards equal before the law (ICCPR, Article 9-15). Categories violation of these rights can we see the corruption in the judiciary. Because of corruption, the judge did not decide on the basis of justice but rather on the amount of money given. As a result, many large corruptors released or received light law, while the chicken thief in the village to get severe punishment.

Right to social and economic development
Included in this category is a decent working conditions (ICESCR, Article 6-9), the right to education (ICESCR, Article 13-14). Both of these rights may be violated through the budget allocation that is not fair. As we can see in the state budget, most of its allocation for payment of domestic debt and foreign. Education budget only got less than 10%. Moreover, the health budget is far below it. Clearly in this category, the state has violated human rights.

Closing
By using human rights as a perspective in viewing and analyzing corruption, we can show the victim and the obligations to be fulfilled by the state. Through the analysis of human rights, the discourse of corruption can be cleaned from the study in the form of numbers and technical calculation and analysis of manipulative law. Through human rights, we see rows of victims of corruption that will continue to grow.
In turn, using human rights instruments will be able to encourage community participation. Because the human rights perspective can be shown by clear how people become victims.
By using the analysis of human rights, corruption eradication strategy can also be enriched. Strategies to eradicate corruption can be directed to hold accountable the state of a number of corrupt practices in violation of human rights.

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