Issue No. 561

Published 05 Jul 2023

The Limitations of Individual Arrests in Combating Government Corruption

Published on 05 Jul 2023 15:12 min
The Limitations of Individual Arrests in Combating Government Corruption
 
The re-election of President Hassan Sheikh Mohamud marked a significant milestone in Somalia's political landscape, as he became the first president to secure a second term. This distinction positioned him as a leader who has traversed the realms of both government and opposition, endowing him with a unique perspective and invaluable experience to effectively govern and overcome the nation's challenges.
 
One year since his re-election, President Hassan Sheikh launched a campaign to remove government officials who were embroiled in corruption and in the misappropriation of public funds. This endeavour was not the first in which a federal government had acted against individuals implicated in corrupt practices. Previously the former Director General of the Ministry of Health served a nearly two-year prison sentence, and other government officials were dismissed or fired after absconding with unaccounted funds.
 
Somalia's ranking in various global corruption indexes underscores the magnitude of the issue. The nation's corruption has hindered its development and hampered trust in government. Somalia relies heavily on international aid and support, and the fight against corruption is seen by international partners as a prerequisite for receiving increased aid and debt relief.
 
Despite government efforts to arrest individuals, numerous well-known corrupt officials continue to operate freely. There are significant challenges in apprehending these individuals due to political considerations and potential repercussions. Consequently, the arrest of individuals appears to be conducted in a rather selective manner. Critics assert that Mogadishu is predominantly targeting officials from minority clans; and that those from more prominent clans are untouchable. Various accusations have also come to light that several ministers, director generals, and other government officials would have been involved in dubious contracts and in the misappropriation of public funds. 
 
The diversion of government funds for illicit purposes has become an open secret, with properties constructed and businesses established through ill-gotten gains. One neighbourhood near Mogadishu's airport stands as a particularly egregious example of suspicious wealth, showcasing the construction of modern houses adorned with Turkish-inspired architecture. These opulent residences boast extravagant imported furnishings from Turkey or Italy, and expensive bullet proof vehicles from Japan or the UAE. 
 
The former government established an anti-corruption commission under President Farmaajo, however as this commission was established after the Parliament’s term had expired, it was deemed unconstitutional and was decommissioned at the completion of the former president's term. Today the role of combating corruption falls to the Office of Auditor General of the Federal Government of Somalia, in addition to his primary responsibilities. Regrettably, there is a lack of proper investigation into allegations against accused individuals, primarily due to questionable overall fairness and impartiality, and the absence of expert attorney’s to handle corruption cases.
 
Further, it is crucial to recognize that merely arresting individuals will not bring about a fundamental change in the fight against corruption. The absence of robust systems, procedures, and checks and balances among institutions encourages newly appointed officials to adhere to their own interests, not the rule of law. Consequently, without the implementation of effective systems, corruption will persist no matter how many people are arrested.
 
Focusing solely on the arrest of accused individuals fails to address the underlying causes of corruption. In fact, such an approach may inadvertently exacerbate the problem; it entrenches systematised corruption without mechanisms to prevent it. It is therefore imperative for Somalia to establish comprehensive financial and judicial systems, to promote transparency of governance, and to strengthen institutional checks and balances.
 
To effectively address corruption in Somalia's federal and state governments, comprehensive solutions must be implemented from the top down. These should include digitising effective financial systems and clear procedures; reducing human contact with currency; building and strengthening anti-corruption institutions; enhancing judicial independence and oversight; implementing transparency measures; fostering a culture of integrity; collaborating with civil society and the media; and investing in capacity building and training for government officials. By digitising financial processes, the federal government can minimize opportunities for corruption and improve accountability. Reducing human contact with currency can mitigate the risks of bribery and embezzlement. These measures, combined with the other potential solutions, can combat corruption, promote transparency, and establish accountable governance in Somalia. Isn’t this afterall what the new government of Hassan Sheikh is seeking to accomplish?
 
The Somali Wire team

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