More than
30 leading German businesses have asked Berlin to ratify an international
anti-corruption convention. The companies say keeping out of the convention
hurts Germany's business reputation abroad.
Since it
got off the ground nine years ago, the United Nations Convention Against
Corruption (CAC) has been signed by 160 countries. The agreement commits
nations to take action against corrupt officials and members of parliament
within their own borders. The convention also calls on signatories to work on
fighting corruption on an international level together.
 |
| Head of business want more action from the German parliament |
Several
countries have refrained from signing on. These include Saudi Arabia, Sudan,
Syria - and Germany. Berlin's abstention from ratifying the convention has
spurred the heads of more than 30 German companies to action.
The
executives wrote a letter to the heads of every political party represented in
the German parliament. That includes the ruling coalition of Christian Democrats
(CDU), the Christian Social Union (CSU) and the Free Democrats (FDP) along with
opposition Social Democrats (SPD), Greens and the Left Party. Leaders from the
German private sector are calling on the lower house of parliament, the
Bundestag, to sign onto CAC as soon as possible.
"The
failure to ratify hurts the reputation of German businesses," the letter
said. Some of the biggest names in German industry signed the document,
including the heads of Deutsche Bank, Commerzbank and Allianz, electronics powerhouse
Siemens, Deutsche Telekom, carmaker Daimler, industrial gas company Linde,
pharmaceutical giant Bayer, energy provider Eon, and retail chain Metro.
The value
of compliance
 |
| Pauthner says ratifying CAC could pay dividends |
Jürgen
Pauthner, an expert in compliance and corruption at the Frankfurt School of
Finance and Management, attributed the industry leaders' letter to worldwide
changes in how value has been calculated over recent years. The technical
meaning of compliance refers to how much companies adhere to agreed-upon rules.
"The
credibility of companies, individuals and entire countries in relation to
agreed-upon rules - upon compliance - has an enormous economic value,"
Pauthner told DW.
He added
that parliamentarians' abstaining from bribes is an important part of
compliance.
"A
democratic country like Germany has to have overall international credibility
and should not needlessly make itself subject to criticism," the letter
said.
It went on
to say CAC's anti-corruption rules would help German companies when doing
business in other countries.
Anti-corruption
organization Transparency International welcomed the German business leaders'
letter.
"It's
a good thing that they have signed up for something Transparency has supported
for years: that the elements of the offense of bribing a member of parliament
finally be sensibly tightened in Germany so that Germany can ratify this
important international convention," said Christian Homburg, director of
the organization's German office. "
 |
| Some wonder if Germany is a good example for the rest of the world when it comes to transparency |
German
anti-corruption rules inadequate
Germany
actually signed CAC when it was introduced nine years ago, but ratification has
stalled in parliament. The reason is that CAC would require clear and
meaningful punishments for elected officials found guilty of accepting bribes.
Parliamentarians'
buying or selling of votes is only punished as a statutory offense in Germany.
Moreover, that only covers voting in plenary sessions of the Bundestag or in
committee meetings.
German
corruption law does not cover advice parliamentarians give in party working
groups. Up until now, if a member is bribed in order to influence a vote in a
working group it would not be illegal.
Humborg
said he suspects German parliamentarians are holding back from ratifying CAC is
to protect themselves, which sends a an embarrassing signal to the
international community.
"How
can you credibly tell Afghanistan to fight corruption in order to keep
receiving German development money," he said, "if you yourself do not
ratify this convention?"
Outside
pressure mounting
Germany's
ruling coalition has argued CAC would infringe on parliamentarians' ability to
represent their constituents.
"Nobody
understands that," Pauthner said. "From both the legal and economic
points of view, there is no argument not to make that a crime."
 |
| Humborg is disappointed in German anti-corruption policy |
Humborg
said the ruling parties' fear of tightening corruption law is unfounded. He
said he cannot imagine stricter rules would bring about many investigations at
the federal level.
"Strengthening
[corruption law] primarily seems important on the local level," Humborg
explained, "because municipal officials and local councils are bound under
these statutes. That's where I could imagine where there might be
irregularities."
In April,
GRECO, the Council of Europe Group of States Against Corruption´, asked Germany
to immediately tighten its corruption laws by the end of June. Nothing has
happened since the deadline passed. GRECO is currently thinking of sending a
commission to Berlin to increase the pressure on Germany.
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