Description:
"The introduction briefly describes the research topic, the context and rationale,
as well as the aims and the significance of the research. The central research
question of this thesis is: why are the anti-corruption measures initiated in 2013
unable to effectively address corruption in Myanmar? Since 2003, Myanmar is
ranked at the bottom of the Corruption Perception Index (CPI) published
annually by Transparency International (TI). It is perceived as one of the most
corrupted countries in the world (ranked 147 among 168 countries surveyed in
2015) (TI 2016c). Nonetheless, the issue of endemic corruption in Myanmar has
not received much academic scrutiny and 'not enough investigative work is
being done to expose corruption in the country' (Phoe Thauk Kya 2014). After
more than four decades of military rule, Myanmar made a crucial step towards
democracy in 2012, when it held its first democratic elections since 1962. These
elections were part of major political, economic and administrative reforms
(Freedom House 2012). Myanmar is indeed embarking on an important
transition, and it benefits from increasing foreign investment and development
programs. In 2012, the United States (US) and the European Union (EU) lifted
trade embargoes against the country. While this provides many opportunities for
investment and growth, it also creates new and growing forms of corruption
(Freedom House 2012)1
.
Myanmar's private sector is underdeveloped and despite the reforms, the
difficult investment climate remains a critical limiting factor for private sector
development. Corruption is one of the most serious barriers to investment and
commerce (World Bank 2014b), and 'the top concern for businesses, in
Myanmar (Reuters, 6 May 2014). Little business can be accomplished without
resorting to illegal payments (World Bank 2014b). Myanmar is a resource-rich
country with agriculture and extractive industries, which provide the major
portion of national income. Foreign direct investment grew from $329.6 million
received in 2009/2010 to US$8.1 billion in 2014/2015 (Aung Hla Tun 2015).
However, living standards have not improved for the majority of the population,
and Myanmar remains one of the poorest countries in Asia with nearly one third
of the population living in poverty (CIA 2016). Peter Pedersen and Clare Wee
from the Asian Development Bank (ADB)'s Office of Anti-corruption and
Integrity, argue that fighting corruption and fraud is crucial to achieving the goal
of reducing poverty in the Asia-Pacific region. This is because corruption usually
has a negative impact on development projects (ADB 2012), undermines
sustainable development, and prevents the benefits of economic growth from
being widely shared (ADB 2014).
The landslide victory of Aung San Suu Kyi's political party, the National League
for Democracy (NLD), at the November 2015 national legislative elections, can
be regarded as a step towards an opening for the country. Nevertheless,
establishing effective anti-corruption measures remains crucial for Myanmar's
development process and to protect future investment. After the signature of the
United Nations Convention Against Corruption (UNCAC) in 2005 and its
ratification in 2012 (UNODC 2013), Myanmar's government enacted a new Anti-Corruption Law (ACL) on 7 July 2013 and formed a new Anti-Corruption
Commission (ACC) on 25 February 2014 (Ei Ei Toe Lwin 2014). However, so
far, in the most prevalent surveys related to corruption undertaken by
International Organisations (IOs) and International Non-governmental
Organisations (INGOs), Myanmar's score has not significantly improved (TI
2016c; World Economic Forum (WEF) 2015; World Bank 2015b)2
. Since its
creation, the ACC has been criticised by Myanmar's journalists and political
opposition, particularly for its lack of independence (Eleven Myanmar, 1 July
2015; Ei Ei Toe Lwin 2014; Naing Ko Ko 2014). The perceived effectiveness of
an anti-corruption agency (ACA) is usually linked by academics to its ability to
act independently (Schütte 2012, 23). Thus, the thesis examines the
entrenched nature of corruption in Myanmar, its political culture and the
limitations of the ACL and of the ACC.
Aims and Significance of the Research
The objective of the research is to explain why the new anti-corruption
measures initiated in 2013 have been unable to successfully address the issue
of corruption in Myanmar. In order to do so, the research first tries to determine
the nature and extent of corruption in Myanmar. Then, the thesis considers the
former anti-corruption measures established before 2013, and examines the
political context and the motivations, which led the government to implement
new anti-corruption measures. It focus on the period from when Myanmar start
transitional reforms in 2010, until the introduction of the new anti-corruption
measures in 2013. The thesis reviews the features of the ACL and of the ACC,
determines their weaknesses and limitations and ascertains why corruption
persists. The thesis, then identifies some potential strategies to make the ACC
more effective by examining the challenges and the performance of ACAs in
other countries such as Hong Kong, Singapore, Indonesia or Vietnam. Finally,
the research analyses the alternatives for addressing the issue of corruption in
Myanmar.
Since the early 1990s, academic and policy interest in corruption in developing
countries has greatly increased. Several international institutions such as the
Organisation for Economic Co-operation and Development (OECD) and the
United Nations (UN), INGOs such as TI, and national governments, have
proposed various strategies intended to reduce corruption in the Global South.
Despite the prevalence of publications on corruption in Asia, there is a lack of
research or academic literature on corruption in Myanmar. This is, despite the
fact that it is one of the highest-ranking Asian countries in terms of official
corruption. There is also little available evidence of the specific forms and
patterns of corruption in the country. Consequently, although recent political and
economic reforms initiated by Myanmar's government can be regarded as a first
2 From 2014 to 2016, Myanmar's score in the CPI ranged from 21 to 22 (scores ranging from
100 (highly clean) to 0 (highly corrupt)) (TI 2016c). In the 2014-2015 WEF's Global
Competitiveness Index, Myanmar's rank in terms of 'Ethics and corruption' is 121 among
144 countries with a score of 2.6 (scores ranging from 1 (lowest) to 7 (best)) (WEF 2015).
Between 2013 to 2014, Myanmar's rank in terms of 'controlling corruption' in the World
Bank’s Worldwide Governance Indicators, increased slightly from 12.4 to 17.3 but remained
very low (percentile rank among all countries ranges from 0 (lowest) to 100 (highest) rank)
(World Bank 2015b).
2
step to democratisation, the country continues to face a major corruption issue,
which threatens its development. As there is a dearth of research on corruption
and anti-corruption initiatives in Myanmar, this thesis is important because it will
provide a comprehensive assessment of the legal and institutional anti-
corruption framework. It will focus specifically on the anti-corruption measures
initiated by the government in 2013, which have not yet been analysed in
publications, by any organisation or institution.
Structure of the Thesis
Chapter One defines the methodology and the sources of data used, as well as
the major concepts relevant to the research question. Additionally, this chapter
examines the existing literature on the research topic. Chapter Two determines
the nature and extent of corruption in the country, and the political context in
which new anti-corruption measures have been implemented. Chapter Two also
evaluates the provisions of the ACL in light of the UNCAC. Chapter Three
explores possible ways to make the ACC more effective by identifying reasons
for the ACC’s poor performance. Furthermore, this chapter analyses whether an
ACA is the most effective tool to address corruption in Myanmar, by comparing
it with other ACAs established in the region. In concluding, the thesis reviews
the contributions of the research undertaken and the implications of its findings,
and proposes opportunities for future research..."
Source/publisher:
The University of Melbourne
Date of Publication:
2016-06-24
Date of entry:
2022-03-02
Grouping:
- Individual Documents
Category:
Countries:
Myanmar
Language:
English
Local URL:
Format:
pdf
Size:
396.27 KB (Original version) - 52 pages
Resource Type:
text
Text quality:
- Good