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課程來源:TED
     
Peter Eigen:如何揭露貪污
Peter Eigen: How to expose the corrupt
 
講者:Peter Eigen
2009年11月演講,2010年2月在TEDxBerlin上線
 
翻譯:                劉契良
編輯:                洪曉慧
簡繁轉換:            陳盈
後制:                劉契良
字幕影片後制:        謝旻均
 
 
 
 
關於這場演講
 
Peter Eigen 表示,有些世上最令人困惑的社會問題可以溯源至有系統且普遍的政府貪污,且是透過全球企業白手套的掩護。在這場 TEDxBerlin 演說中,Eigen 敘述由其組織「透明國際」所主導的驚人反擊。
 
關於 Peter Eigen
 
曾任奈洛比世銀主席,Peter Eigen 親睹過貪污的毀滅性。他是「透明國際」的創辦人,一個致力於勸服國際公司不行賄的非政府組織。
 
為何要聽他演講:
 
從「透明國際」的網站上可讀到以下優雅的定義:貪污為何?貪污是濫用委信力量以為私人所得。它傷害每一個人,因為當權者的廉正是大家所倚賴,範圍廣及生活、生計與幸福。
 
Peter Eigen 明瞭這點。他從事經濟發展已達 25 年之久,主要擔任世銀非洲與南美洲專案經理,在其經手過的專案中,他在 1988 到 1991 年出任東非區域任務主管。驚訝於所見識到之貪污行為的深度、普及與十足毀滅性,他創辦了「透明國際」組織,挑戰一些和腐敗官員交易的要角:跨國企業。
 
Eigen 相信,根除貪污的最佳方式即是使其曝光,因此,「透明國際」致力於提升大家對貪污的認識,並透過實際的行動加以表述,包括公聽會。
 
Peter Eigen 的英語網上資料
 
首頁:透明國際 
首頁:Africa Progress Panel      
 
[TED科技娛樂設計]
已有中譯字幕的TED影片目錄(繁體)(簡體)。請注意繁簡目錄是不一樣的。
 
「翻譯編輯:myoops.org
 

我要談貪污,但我要同時講兩件非常不同的事,其一是大層面的全球經濟,整體的全球化經濟,另外是較小層面,非常侷限,關於我們傳統政府,以及國際機構管治、形塑這個經濟的能力,因為有這種不對稱性的存在,基本上導致失敗的統治,在很多方面失敗的統治,貪污的層面、對環境摧殘的層面、剝削婦幼的層面、氣候變化的層面,這些全部都需要我們有能力再次將政治的崇高性導入經濟中,後者的運作領域已擴及全球,而我認為貪污,對抗貪污及貪污衝擊可能是最能生動描繪出我所指失敗管治的方式之一。
 
 
我就從本身的經歷談起,我曾擔任世銀奈洛比辦公室主管,位於東非,那時,我注意到貪污,嚴重貪污,系統化的貪污暗中破壞了我們想要進行的所有事務,因此,我開始,不只試圖保障世銀工作,我們自己的專案的進行,不受貪污影響,而且我還覺得我們需要一套系統保障人民,生活在當地的人民免受貪污的蹂躪,而一當我開始這麼做,我即收到世銀的照會,首先是來自法務部門,他們說,不准你這麼做,因為你是在干涉我們夥伴國的內政,這是世銀憲章所禁止,所以,你必需停止這個行動,當時,我正主持著多場捐贈會議,其中多位捐贈者,其實有很多捐贈者喜歡住在奈洛比,沒錯,那是世上最不安全的城市之一,但他們喜歡住在那裡,因為其他城市更令人感到不自在,而在這個捐贈場合中,我注意到有很多糟透了的專案卻付諸實行,且推手是我們的客戶,各國政府,出資人很多是代表北半球的金主,最糟的專案反倒是最先付諸實行。
 
 
舉個例,一個大型的能源專案,預算達 3 億美金,預定地直入其中一處最脆弱也最美麗的肯亞西境地帶,我們全都立即明瞭,這個專案毫無經濟利益可言,沒有客戶,那裡沒人會購電,沒人對灌溉專案感興趣,相對地,我們早知道這個專案將會摧殘環境,它將會摧毀河岸森林,而那正是遊牧族群存活的基礎,Samburu 與 Tokana 族群生活於此,所以每個人都知道,這不僅是一個無用的專案,而是絕對具有毀滅性的可怕專案,更不用提該國將來所需扛負這數億美元的債務,這將吸乾經濟中寶貴的資源,一些更重要的運用,諸如學校與醫院等,雖然我們都不認同這個專案,沒有一個捐贈者願意讓自己的名字與之扯上關係,但它卻是最早付諸實行的專案,好的專案,如同我們捐贈社群,所願見實現並贊助,誠如所知,需時多年與諸多的評議,很多常過不了關,但那些邪惡的專案,絕對有損經濟的專案,而且禍及多代並造成環境浩劫,終會造成數以千計家庭被迫遷徙的專案,這些專案卻能突然間即整合起來,並得到銀行集團、贊助機構,還包括保險業者的支持,像德國物流巨頭 Hermes 等角色,這些專案並會非常迅速地得到回應,這種可惡聯盟的背後黑手,是當地國內的得勢精英階級與北半球的金主,而這些金主,卻也是我們國內的龍頭企業,他們是全球市場的主要玩家,如同我一開始所提及,他們是像西門子這樣的大咖,來自法國、英國、日本、加拿大和德國,而有系統幫助他們得到合約的是有組織性且大規模的行賄。
 
 
我們探討的不是 50,000 美金、100,000 美金或一百萬美金,不是,我們在討論的是一千萬、二千萬美金的瑞士銀行帳戶或列支敦斯登戶頭,帳戶所有人是總統的各級部長、半政府性質領域的高官,這是我看過的實事,而且不只一項,我能說,我看過,在我非洲職涯的數年間,我看過數以百計類似的專案,所以,我深信,就是這種有組織性的貪污腐蝕了這些國家的經濟政策,主要也是貪污造成不幸、貧窮、衝突、暴力與絕望,不斷上演於這些國家中,也因此造成今日超過十億人生活於絕對貧窮當中,全球超過十億人沒有潔水可飲,另外還有兩倍的人,超過二十億人,生活於無基本環衛的境地,造成後續的母子直線傳染疾病,到目前為止,夭折率每年仍超過 1000 萬起,幼童在五歲之前即喪命,起因大部份要歸究於嚴重貪污,但為何世銀不讓我從善?我稍後發現,在我與世銀大吵並離職之後,理由是因為世銀的成員認為國外賄賂是 okay 的,包括德國,在德國,國外行賄是被允許的,甚至可免稅,這就是為何大部份最重要的國際企業,不只在德國,還有在法國、英國、斯堪地那維亞,任何地方都有系統的行賄,不是所有的企業都行賄,但大部份就是這種現象,我稱之為失敗管治。
 
 
我因此回到德國,開創這個小型非政府組織,在柏林 Villa Borsig,我們被告知,你不能阻止我們的德國出口商行賄,因為我們會丟掉很多合約,我們的國力會輸給法國、瑞典和日本,這因此演變成一種囚犯困境,最大的困難點,對於任何單一公司,單一出口國而言,都很難說出,我們將不再繼續進行這種要命且災難性的龍頭企業賄賂行徑,這便是我所謂失敗管治的結構,因為就連相對強盛的政府,像德國,都無法說出,我們將不再允許德國企業在國外行賄,他們需要幫忙,而龍頭企業本身也面臨這種困境,他們很多不想要行賄,舉例而言,很多德國企業相信他們真的生產了高品質的產品,價格也合理,所以應該很具競爭力,他們的行賄功力不及諸多國際同行,但他們不被允許展現其實力,因為世界已為嚴重貪污所鯨吞,這是為何我提必需創建公民社會加以回應,我們有這個小型的非政府組織,「透明國際」,我們開始思考這種囚犯困境的退路,我們研發出的概念是集體行動,基本上就是邀集多家競爭對手齊聚一堂,向所有人解釋可期待的利益規模,如果他們能同時停止行賄。
 
 
長話短說,我們最後成功讓德國與其他 OECD 國家及少數出口商簽約,1997 年,一項公約在 OECD 的贊助下,要求各方變法,並宣示國外行賄為犯罪行為(掌聲),謝謝,我想說的是這麼做很有趣,我們必需要和各家企業齊聚一堂,就在柏林 Wannsee 的 Aspen 協會,我們與約莫 20 家產業龍頭開會,我們與他們討論如何對抗國際賄賂,第一場,總共進行了三場,為期兩年,順道一提,von Weizsacker 總裁主持了其中一場,第一場是要讓消除企業們的擔憂,尤其是他們不擅與非政府組織打交道,在第一場會議中,他們都說,我們所做的並非行賄,而是入境隨俗,這是這些外國文化的傳統,他們甚至歡迎我們這麼做,事實上,〔某人名〕到今天仍這麼堅持,因此仍有許多人還不相信他們必需停止行賄;但在第二場會議中,他們已經承認他們絕不會對這些外國政府行賄,諸如德國或英國等,內閣大臣們絕對會如此承認;最後一場在 Aspen 協會舉行,我們成功說服他們都簽署了一封公開信給當時德國的科爾政府,要求他們參與前提那項 OECD 公約,而這在我看來,是軟實力的範例展現,因為我們有能耐說服他們必需接受我們的論點,我們有長期的遠大目標,我們有較寬廣,地理層面更廣的捍衛對象,因此,法律改變了,那就是為何西門子現在官司纏身,也是 MIN 現在會滿頭苞的原因,在其他的國家,這項 OECD 公約還尚未全面強制實行,但公民社會必需緊盯著這個體制,舉例而言,在倫敦,BAE 避開了一起嚴重貪污的案子,而那是 Surrey 廉政公署所欲加以起訴,一億英鎊,十年間每年如此全進了某一特別友善國的某一位官員口袋中,而正是這位官員下了 440 億英鎊軍事設備的訂單,本案並未在英國境內起訴,為何?因為他們認為這有違大英人民的安全利益,但公民社會試圖推動,公民社會試圖給這個問題找個解決方案,英國境內也有人這麼做,日本也是,雖然兩者都尚未全面強制實行,還有其他的國家也是,在德國,我們正推動一項聯合國公約的核批,那是一項後續的公約,德國尚未核批,為何?因為那會使貪污罪劈到代理人的頭上,在德國,我們的系統是,你不准賄賂公僕,但允你賄賂其代理人,依德國法律,賄選代理人是被允許的,而議員們不打算改變這條法律,這便是為何他們不能簽署反國外行賄的聯合國公約,德國便是少數不斷在全世界各地鼓吹誠正管治,但卻尚未核批此公約的國家之一,雖然我們目前已成功說服全球約 160 個國家簽核。
 
 
我注意到演講時間快用盡了,我要試圖從實務中做出一些結論,我相信,我們試圖達致對抗貪污的目標,也同是為達致對抗失敗管治其他層面的目標,到目前為止,聯合國已完全與我們站在同一陣線上,世銀也已在 Wolfensohn 的領導下改弦易轍,我甚至能說,他們已成為最強大的全球反貪機構,大多數的大公司現在都已完全信服,他們必需要制定非常嚴格的反貪政策及相關措施,而這也可能是因為公民社會已加入公司的行列,已加入政府的行列,一同分析問題並研討對策、改革的施行並在稍後監督改革,當然,如果公民社會組織想要參與,他們必需發展這種責任,並非所有的公民社會組織都是良善,美國 3K黨也是非政府組織,所以,我們必需要注意的是公民社會必需要自律負責,他們必需要有更透明的財務管治,他們必需要有更具多方參與的管治,他們意指許多公民社會組織,我們還需要更適任的公民社會領袖,這是為何我們創建管治學校及位於柏林的公民社會中心,因為我們相信大部份德國的教育與研究機構,甚至說整個歐陸,還未足夠地專注於賦予公民社會力量及訓練公民社會領袖風範,但我要根據實務來說的是,如果公民社會確實運作,並加入其他的要角,特別是各國政府,政府與其國際機構,還有大型國際企業,特別是那些已承諾遵守企業社會責任的要角,則,這個神奇金三角,介於公民社會、政府與私企之間,機會便會大增,我們大家便可以創造一個更好的世界,感謝聆聽。
(掌聲)

以下為系統擷取之英文原文

About this talk

Some of the world's most baffling social problems, says Peter Eigen, can be traced to systematic, pervasive government corruption, hand-in-glove with global companies. At TEDxBerlin, Eigen describes the thrilling counter-attack led by his organization Transparency International.

About Peter Eigen

As a director of the World Bank in Nairobi, Peter Eigen saw firsthand how devastating corruption can be. He's founder of Transparency International, an NGO that works to persuade international… Full bio and more links

Transcript

I am going to speak about corruption, but I would like to juxtapose two different things. One is the large global economy, the large globalized economy, and the other one is the small, and very limited, capacity of our traditional governments and their international institutions to govern, to shape, this economy. Because there is this asymmetry, which creates, basically, failing governance. Failing governance in many areas, in the area of corruption and the area of destruction of the environment, in the area of exploitation of women and children, in the area of climate change. In all the areas in which we really need a capacity to reintroduce the primacy of politics into the economy, which is operating in a worldwide arena. And I think corruption, and the fight against corruption, and the impact of corruption, is probably one of the most interesting ways to illustrate what I mean with this failure of governance.

Let me talk about my own experience. I used to work as the director of the World Bank office in Nairobi for East Africa At that time, I noticed that corruption, that grand corruption, that systematic corruption, was undermining everything we were trying to do. And therefore, I began to not only try to protect the work of the World Bank, our own projects, our own programs against corruption, but in general, I thought, we need a system to protect the people in this part of the world from the ravages of corruption. And, as soon as I started this work, I received a memorandum from the World Bank, from the legal department first, in which they said, you're not allowed to do this. You are meddling in the internal affairs of our partner countries. This is forbidden by the charter of the World Bank. So I want you to stop your doings.

In the mean time, I was chairing donor meetings for instance, in which the various donors, and many of them like to be in Nairobi -- it is true, it is one of the unsafest cities of the world, but they like to be there because the other cities are even less comfortable. And in these donor meetings, I noticed that many of the worst projects which were put forward by our clients, by the governments, by promoters, many of them representing suppliers from the north, that the worst projects were realized first. Let me give you an example. A huge power project, 300 million dollars, to be built smack into one of the most vulnerable, and one of the most beautiful areas of western Kenya. And we all noticed immediately that this project had no economic benefits. It had no clients. Nobody would buy the electricity there. Nobody was interested in irrigation projects. To the contrary, we knew that this project would destroy the environment, it would destroy riparian forests, which were the basis for the survival of nomadic groups, the Samburu and the Tokana in this area. So everybody knew this is a, not a useless project, this is an absolute damaging, a terrible project, not to speak about the future indebtedness of the country for these hundreds of millions of dollars, and the siphoning off of the scarce resources of the economy from much more important activities like schools, like hospitals and so on. And yet, we all rejected this project. None of the donors was willing to have their name connected with it, and it was the first project to be implemented.

The good projects, which we as a donor community would take under our wings, they took years, you know, you had too many studies, and very often they didn't succeed. But these bad projects, which were absolutely damaging for the economy, for many generations, for the environment, for thousands of families who had to be resettled. They were suddenly put together by consortia of banks, of supplier agencies, of insurance agencies, like in Germany, Hermes, and so on, And they came back very, very quickly, driven by an unholy alliance between the powerful elites in the countries there, and the suppliers from the north. Now, these suppliers were our big companies. They were the actors of this global market, which I mentioned in the beginning. They were the Siemenses of this world, coming from France, from the UK, from Japan, from Canada, from Germany, and they were systematically driven by systematic, large-scale corruption. We are not talking about 50,000 dollars here, or 100,000 dollars there, or one million dollars there. No, we are talking about 10 million, 20 million dollars, on the Swiss bank accounts, on the bank accounts of Liechtenstein, of the president's ministers, the high officials in the para-statal sectors.

This was the reality which I saw, and not only one project like that, I saw, I would say, over the years I worked in Africa, I saw hundreds of projects like this. And so, I became convinced that this systematic corruption, which is perverting economic policy making in these countries, which is the main reason for the misery, for the poverty, for the conflicts, for the violence, for the desperation in many of these countries. That we have today, more than a billion people below the absolute poverty line, that we have more than a billion people without proper drinking water in the world, twice that number, more than two billion people without sanitation and so on, and the consequent illnesses of mothers and children, still, child mortality of more than 10 million people every year, children dying before they are five years-old. The cause of this, is to a large extent grand corruption.

Now, why did the World Bank not let me do this work? I found out afterwards, after I left, under a big fight, the World Bank. The reason was that the members of the World Bank thought that foreign bribery was okay, including Germany. In Germany, foreign bribery was allowed. It was even tax-deductible. No wonder that most of the most important international operators in Germany, but also in France and UK and Scandinavia, everywhere, systematically bribed. Not all of them, but most of them. And this is the phenomenon which I call failing governance, because when I then came to Germany and started this little NGO here in Berlin, at the Villa Borsig, we were told, you cannot stop our German exporters from bribing, because we will lose our contracts. We will lose to the French, we will lose to the Swedes, we'll lose to the Japanese, and therefore, there was a indeed a prisoner's dilemma, which made it very difficult for an individual company, an individual exporting country to say, we are not going to continue this deadly, disastrous habit of large companies to bribe.

So this is what I mean with a failing governance structure because, even the powerful government, which we have in Germany, comparatively, was not able to say, we will not allow our companies to bribe abroad. They needed help, and the large companies themselves have this dilemma. Many of them didn't want to bribe. Many of the German companies, for instance, believe that they are really producing a high quality product at a good price, so they are very competitive. They are not as good at bribing as many of their international competitors are, but they were not allowed to show their strengths, because the world was eaten up by grand corruption.

And this is why I'm telling you this, civil society rose to the occasion. We had a small NGO, Transparency International. They began to think of an escape route from this prisoner's dilemma, and we developed concepts of collective action, basically, trying to bring various competitors together around the table, explaining to all of them how much it would be in their interests if they simultaneously would stop bribing, and to make a long story short, we managed to eventually get Germany to sign together with the other OECD countries and a few other exporters.

In 1997, a convention, under the auspices of the OECD, which obliged everybody to change their laws and criminalize foreign bribery. (Applause) Well, thank you, I mean it's interesting, in doing this, we had to sit together with the companies. We had here in Berlin at the Aspen institute on the Wannsee, we had sessions with about 20 captains of industry, and we discussed with them what to do about international bribery. In the first session, we had three sessions over the course of two years. And a president from von Weizsäcker, by the way, chaired one of the sessions, the first one, to take the fear away from the entrepreneurs, who were not used to deal with non-governmental organizations. And in the first session, they all said, this is not bribery, what we are doing. This is customary there. This is what these other cultures demand. They even applaud it. In fact, [unclear] still says this today. And so there are still a lot of people who are not convinced that who have to stop bribing. But in the second session, they admitted already that they would never do this, what they are doing in these other countries, here in Germany or in the UK and so on. Cabinet ministers would admit this. And in the final session, at the Aspen Institute, we had them all sign an open letter to the Kohl government, at the time, requesting that they participate in the OECD convention.

And this is, in my opinion, an example of soft power, because we were able to convince them that they had to go with us. We had a longer term time perspective. We had a broader, geographically much wider, constituency we were trying to defend. And that's why the law has changed. That's why Siemens is now in the trouble they are in. And that's why MIN is in the trouble they are in. In some other countries, the OECD convention is not yet properly enforced. And, again, civil societies breathing down the neck of the establishment.

In London, for instance, where the BAE got away with a huge corruption case, which the Surrey Fraud Office tried to prosecute, 100 million British pounds, every year for ten years, to one particular official of one particular friendly country, who then bought for 44 billion pounds of military equipment. This case, they are not prosecuting in the UK. Why? Because they consider this as contrary to the security interest of the people of Great Britain. Civil society is pushing, civil society is trying to get a solution to this problem and also in the UK and also in Japan, which is not properly enforcing, and so on.

In Germany, we are pushing the ratification of the UN convention, which is a subsequent convention. We are, Germany, is not ratifying. Why? Because it would make it necessary to criminalize the corruption of deputies. In Germany, we have a system where you are not allowed to bribe a civil servant, but you are allowed to bribe a deputy. This is, under German law, allowed. And the members of parliament don't want to change this, and this is why they can't sign the UN convention against foreign bribery, one of they very, very few countries which is preaching honesty and good governance everywhere in the world, but not able to ratify they convention, which we managed to get on the books with about 160 countries all over the world.

I see my time is ticking. Let me just try to draw some conclusions from what has happened. I believe that what we managed to achieve in fighting corruption, one can also achieve in other areas of failing governance. By now, the United Nations is totally on our side. The World Bank has turned from Saulus to Paulus under Wolfensohn, and they became, I would say, the strongest anti-corruption agency in the world. Most of the large companies are now totally convinced that they have to put in place very strong policies against bribery and so on. And this is possible because civil society joined the companies and joined the government in the analysis of the problem, in the development of remedies, in the implementation of reforms, and then later, in the monitoring of reforms.

Of course, if civil society organizations want to play that role, they have to grow into this responsibility. Not all civil society organizations are good. The Ku Klux Klan is an NGO. So, we must be aware that civil society has to shape up itself. They have to have a much more transparent financial governance. They have to have a much more participatory governance in many civil society organizations. We also need much more competence of civil society leaders. This is why we have set up the governance school and the Center for Civil Society here in Berlin. Because we believe most of our educational and research institutions in Germany and continental Europe in general, do not focus enough, yet, empowering civil society and training the leadership of civil society.

But what I'm saying from my very practical experience, if civil society does it right and joins the other actors, in particular, governments, governments and their international institutions, but also large international actors, in particular, those who have committed themselves to corporate social responsibility, then, in this magical triangle, between civil society, government and private sector, there is a tremendous chance for all of us to create a better world.

Thank you.

(Applause)


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