WHAT’S GOOD FOR THE GOOSE IS GOOD FOR THE GANDER

Prof. S. Jacobson is a graduate from the University of Oregon and is presently teaching law at Willamette College, the first university founded in the West. Her controversial book “Democracy Against Corruption” came out recently in over 2000 copies in the first round. It is a unique edition in itself, including both an English and a Bulgarian version and is published by the Council of Ministers. She was interviewed on the occasion by Dr. Ksenia Kisselincheva

 

The promotion of your book seems to be highly relevant to our country’s massive effort to deal with corruption in the final pre-accession months. Could you tell us what its particular objective is?

This book is trying to force an important change in the functioning of public administration. In the seven years after 1989 there wasn’t really a change in the way it worked. Now there are some positive things happening in this direction. That’s why we thought it would be helpful for everyone in government to have a template of what their goals really are. To look at it more globally there are all kinds of changes that are needed, so we have to look at the policies behind what we are trying to accomplish.

What is the idea of corruption that you put forward in your book?

The first portion of the book puts forward a definition of corruption. Corruption is broadly defined to include what most people consider to be corrupt, i.e. not only breaking thr law, but breaking ethical and moral norms. When you breach these norms for personal gain, we have a problem with corruption. The perception of corruption is very high in Bulgaria and for that reason the government can define it only in terms of an illegal act, while the public is defining it much more broadly.

What are the instruments of democracy in tackling corruption?

The second chapter of the book is discussing the democratic principles that are important in administering a government. There is a basic difference between the way an authoritarian and a democratic bureaucracy function. Unfortunately, most of the current bureaucracy in this country really falls under authoritarian. While a democratic bureaucracy offers multiple opportunities for public involvement and participation. The public acts as the most powerful check against abuses of power.

How do you see the complex relationship in a democratic society between government and those governed?

The government only exists in a democracy to serve the people. The      constitution expressly says the power is with the people. Since ther were no dramatic changes in the bureacracy here, it continued to function as before, that is in the authoritarian state. So, this is a point to fix in a democratic administration. There are a number of important mechanisms that should be in place. The most important mechanism is already in place, that is, the right to request government information, information which is not classified, is provided to the public. The access to information program, headed by Guergana Juleva does a wonderful job and shows how well the law is implemented. The compliance rate is greater than ever before. Most people don’t know how to use their rights, they are still afraid to complain or to stick out. As you know, in the past, to be noticed was the worst thing that could happen. So, there is still a lingering sense of being intimidated by the representatives of the authorities.

Are there any other procedures to be incorporated in the law?

Definitely, for example another important procedure that does not yet exist is public input in the development of laws. Laws, as they are passed by Parliament, are necessarily written generally. How they are implemented is all determined by one of the Ministry’s Resorts Departments. So, public input is really important there. Right now it is a closed circle situation. There is no public input that you find. There are aspects to problems the vested interests will not let you know about. You need information in order to have wise decision making. The effect on the public of this decision making is extremely important. So far the surveys indicate the public does not trust and does not have much faith in the government.

How could the public’s awareness of their rights to participate be raised?

By learning to speak out, by being aware that their voice is to be heard and taken into account. And the government has a responsibility to listen to that voice. Because the government is there just to represent the people and to work for the public good. The professionals have to prioritize and look at the long-term future on the basis of different points of view. There are two primary ways the people need to be involved. The public can control those in government by insisting the code of ethics be applied to everyone. Right now we have a law that applies to the lower level employees in government. What is good for the goose is good for the gander. It looks horrible the ministers cannot agree on an ethics plan for themselves! A conscious effort is needed to create a culture of integrity to avoid conflict of interest. Secrecy begets corruption, so there should be access to information for things like property ownership of high government officials, the way political parties are funded, transparency concerning funding of election campaigns etc. So, only in this way you can build a democratic society where the interests of the public come first and foremost and it is involved in the day-to-day functioning of the democratic principles.

Sofia Echo weekly, 2006