This article is written by Siddharth Addy, Aryaknath Bhattacharya and Sourav Mandal from Amity Law School, Kolkata.

Abstract

Corruption exists in all countries irrespective of Socio–Political Development and Economic enhancement; there exists a clear nexus between Global Corruption and Violation of Human Rights. Corruption compromise states Obligation towards promoting, respecting and protecting human rights of individual within their jurisdiction. Increasing corruption at a global level is attracting great Prominence by the Human Right Council. The council has given several recommendations to suppress the corruption; it’s a transitional phenomenon which requires International Cooperation. 

Human Right Laws shall be enforced effectively to reduce the ever evolving nexus between Human rights and Global Corruption and to promote social welfare maximization; and for the same the States shall be made accountable to counter the corruption and the case related to Corruption shall be given high level of prominence and shall take preventive measures to reduce the same thereof. Moreover raising awareness and creating concern among the mass would create a disincentive effect.

Introduction

The advent of illicit acts such as bribery, theft, money laundering and so on had crept into the minds of incompetent individuals which gave birth to CORRUPTION. This act of corruption has surfaced into the global market and has massacred the economies of various countries as well as their police protection systems and judicial systems. Corruption has violated the basic human rights by ripping individuals of their fair opportunity of trials before the judiciary system of the individual nations. Corrupt practices, without any doubt, has funded terrorism either by money laundering thereby threatening the economy of the nation as well. In September 11, 2001, International Monetary Fund experiences a catastrophe which made them initiate and intensify the Anti Monetary Laundering Activities and forced the officials in the International Monetary Fund to combat the immediate crisis various such countries which may have had involvement in abetting terrorism. This led to the birth of the Financial Action Task Force at the G7 summit in Paris, 1989. The Financial Action Task Force had suspected that the middle east was abetting in the Yemen crisis, for which global trades were monitored by the IMF since 2010 to 2014, during which many donations to charities were blocked, for example; Ummah Welfare trust which had its operations at the Gaza Strip were found to be laundering money to fund the terrorists. Thus, people even with a clear police reports were not allowed to setup any charity in Somalia or Yemen or Syria. Thus, this clearly depicts as to how can illicit practices lead to corruption in individual nations which makes the Global trades a threat to such acts of corruption and thereby creates chaos and benefits terrorism which is the ultimate threat to Human Rights and Human Safety. 

What is Global Corruption?

The word corruption in general means, any form of dishonesty or criminal activity involving fraud (defined u/s 25 of the Indian Penal Code), which is undertaken by a person or an organization holding any office of authority, per say the government officials and so on, often to acquire illicit benefits, or abuse of such powers for a private gain. Thus, when the same illicit activities surface over the whole world creating a ruckus, chaos and even terrorism or something more dangerous like nuclear warfare among the nations.

Corruptions has many faces through which circulates among the masses, organizations, etc. like nepotism, bribery, money laundering, inflation and so on. Thus, a corruption on a such a massive scale would mean ultimate sacrifice to humanitarianism. The recent humanitarian crisis has now crippled the Western part of the globe by infesting it with more than necessaryamount of refugees and migrants. One of the several countries, Venezuela,once the richest countries in South America has been scurrying towards economic, social and institutional subside, spurring a territorial humanitarian crisis and mass migration and there have been various estimates made by the UN that by the end of 2020 there will be 8 million Venezuelan refugees and illegal immigrants making it the largest refugee crisis in the world. The reason behind this crisis is the hyperinflation that is pinning down the economic development as there fails to exist a stable government.

The government headed through Nicolás Maduro, who has presided over Venezuela since 2013, declared a nation of emergency in 2016. That year the inflation charge hit 800%. Since then there has hardly been any improvement, rather things have gone haywire since then. By 2018 inflation become an expected 80,000%. It’s difficult to say what the rate is now, but Bloomberg’s Venezuelan Cafe Con Leche Index, based on the rate of a cup of espresso, shows it is now about 380,000%.

Here are some forms of corruption which affect the Human Rights the most and they are:

Police corruption- Police corruption is the abuse of police authority for individual gain. Models incorporate coercion (for instance, demanding cash for not imposing a traffic tickets) and bribery (for instance, accepting cash in return for not authorizing the law). 

The expenses of police corruption Police corruption conveys significant expenses. Initial, a degenerate demonstration is a wrongdoing. Second, police corruption brings down the uprightness of the police and stains the open picture of law enforcement. Third, corruption ensures other crime, for example, sedate managing and prostitution. Secured crimes are regularly rewarding wellsprings of pay for sorted out wrongdoing.

Judicial corruption- Judicial corruption is a kind of corruption which is found throughout the world. The word corruption is universal and corruption is found in all states, weather it is an developed of developing nation, the degree of corruption may vary from country to country, but corruption is found throughout.

The vast majority of people related to the legal fraternity are honest and hardworking but it is very unfortunate that few people are inappropriately influenced to make their judgement. 

Judicial independence is recognized as a universal human right.

Right to fair trial- Article 6 states the right to free trial. Fair trials are the best way to avoid miscarriage of justice and are a fundamental piece of an equitable society. Each individual blamed for a wrongdoing ought to have their blame or guiltlessness controlled by a fair and powerful lawful procedure. In any case, its not just about securing suspects and respondents. It additionally makes social orders more secure and more grounded. Without fair trials, exploited people can have no certainty that justice will be finished. Without fair trials, trust in government and the standard of law breakdown. 

The right to a fair trial isn’t new; it has for quite some time been perceived by the universal network as a fundamental human right. Regardless of this current, it’s a right that is being mishandled in nations over the globe with decimating human and social results.

Political corruption- Political corruption implies the maltreatment of political influence by the administration heads to extricate and collect for private enhancement, and to utilize politically degenerate intends to keep up their hang on control. Notwithstanding, maltreatment of political power for different purposes, for example, suppression of political adversaries and general police fierceness, isn’t viewed as political corruption. Political corruption happens at the most significant levels of the political framework, and consequently it very well may be separated from authoritative or bureaucratic corruption. It can likewise be recognized from business and private area corruption. 

Political corruption can be of two forms. The first is which incorporates both collection and extraction and where government authorities use and misuse their hang on capacity to remove from the private division, from government incomes, and from the economy on the loose. A portion of the instances of the previously mentioned type of corruption are extraction, theft, lease chasing, loot and even kleptocracy (“rule by thieves”). 

The second type of political corruption is one in which removed assets (and public money) are utilized for influence conservation and influence expansion purposes. This generally appears as bias and support governmental issues. It incorporates a favoritism and politically propelled dispersion of budgetary and material incitements, advantages, focal points, and jewels.

In politics, corruption undermines vote based system and great governance by mocking or in any event, subverting formal procedures. Corruption in elections and in the legislature diminishes responsibility and mutilates portrayal in policy making; corruption in the legal executive trade off the rule of law.

Statement of Problem

Corruption leads to deterioration of standard of living, fall in the economy. Chaotic situations have surfaced throughout the nations, unstable decision-making systems, i.e the governments are facing difficulties coping with the same. There are various circumstances where the not only the political parties but also the judiciaries, police and such systems of protection of the human rights and its betterment are falling apart due to various corrupt or mal practices. The recent media sources suggest that there have been various intrusions by terrorist attacks and nuclear warfare and riots causing unruliness in the society. 

Remedies

It’s not an easy task to fight corruption in a global level. Though through effective administration and by creating awareness among the mass and compensating the indiviall, whose Human rights have been violated therein. We have tried to lay down certain remedies to tackle the corruption at a global level.

1. Law Enforcement is a Sine Quo Non to ensure corrupt are being punished and to break the vicious cycle of immunity from punishment. Strong legal enforcement must be backed by strong legal Framework.
2. Focusing on the reforms by improving the financial management thereby achieving growth impact on P.S.U (public sector undertaking) leading to reforms in curbing corruption. 
3. Implement awareness programs to create awareness and develop a strategy to fight corruption. 
4. We have to put a check on the abuse of public power for private gain to curb Corruption at a global level. Awareness, promotion and promulgating anti-corruption policies and practices have not been implemented in a uniform manner throughout the globe.
5. In countries like India there exists a high degree of disparity in income therefore “rich becomes richer and poor becomes poorer” the major reason behind this is the increasing levels of corruption. In order to stop it the government shall impose tax on the luxuries goods and provide subsidies to the poor the thinner the line of income inequality between rich and poor. 
6. The corruption also lies in the international judicial framework where many cases relating to corruption goes unheard therein we shall put a check on the anti corruption level. 
7. Focus on what works: demonstrate the effect of anti-corruption efforts, provide incentives for private sector, public sector, and multilateral organizations (including donor agencies) to proactively integrate anti corruption efforts into their work, and focus on both the demand and supply side. 
8. Learn more about the opportunities and limitations of transparency and accountability efforts for combating corruption, learning from the experience of accountability mechanisms for human rights violations. 

The United Nations Human Right Convention plays a key role in monitoring the Global Corruption; the Convention highly raises its concern about the ever growing corruption which has become an epidemic therein for the betterment of the society at large it’s High time to strengthen the framework and adopt necessary remedies to curb out Global Terrorism from its root. 

Violation of Human Rights Laws

After almost seventy years of the incorporation of the Human Rights in 1948, the Universal Declaration of Human Rights is still a dream. The violation of human rights is in every part of the world. According to Amnesty International’s 2009 World Report the violation of Human rights violations are as follows: 

• In 81 countries there is torture and abuse.
• Unfair trials in minimum of 54 countries.
• The freedom of expression is restricted in at least in 80 countries.

The plague of Violation of Human Rights has been intact since the Universal Declaration of Human Rights. In particular women and children suffer the most. The press in not free in most of the nations, a free thinker is always suppressed. 

The United Nation, Universal Declaration of Human Rights on 10 December 1948 has 30 Articles.

There are mainly 6 articles among the 30 articles of the Universal Declaration of Human Rights which are violated widely throughout the world. They are:

• Article 3– The Right to live free (Right to Life)

Everyone has the right to life, security and liberty of their own.

How the article is violated- An estimate of approx. 600000 people are killed every year due to some armed conflicts, wrong administration, poverty and wrong doing like drug addition and prostitution.

The above situations says that Article 3 is some how compromised in today’s world.

• Article 4– No Slavery (Freedom from slavery)

No one can be named slave or servitude cannot be imposed, slave trade is prohibited.

How the article is violated- Throughout the world as estimated by the US State Department there are 600000 to 820000 men, women and children who are trafficked across the international border and made slaves. They force them to serve as a soldier to them or sexual slaves or unpaid jobs for the kids. The majority of this slavery originate from Africa, Asia and Latin America.

• Article 5- No Torture (Freedom from Torture)

No one should be tortured or has to face cruel, inhuman or degrading treatment or punishment. 

How the article is violated- The CIA of the US under President George W. Bush detent many people under the suspicion of terror and showed cruelty to them. Darfur & India has the cruelty of rape to a extreme level.

The problem is faced in Congo and Arab countries as well.

• Article 13- Freedom to move.

Everyone has the right to stay wherever they want in their country and they can leave the country as well.

How the article is violated- The African countries and some of the Asian countries and some of the European countries and the US is against accepting refugees. This countries refuse to open their borders and give asylum to the asylum seekers. Many of this countries violate the International Refugee Law. This violation ends up the refugees without water, food and medicines, amounting to their death. Which is again the violation of Article 3.

People remain displaced due to this violation. 

• Article 18- Freedom of thought.

Everyone has the right to freedom of thought, religion, perception, this also means they can change his or her religion, practice, observe and worship any belief of his or her choice.

How the article is violated- In today’s world this freedom is more or less not there in real life. Media is not free, religion is used as the base of terrorism and execution. Lack of awareness has resulted in the violation of this article.

• Article 19- Freedom of expression.

Everyone has the right to express whatever he or she feels through any form of media regardless of the borders.

How the article is violated- In countries like Sudan, Somalia, Ethiopia, Saudi Arabia, North Korea and many more countries the media is most corrupt and anyone who tries to go against the Government of the county are silenced either by dead penalty(directly or indirectly) or imprisonment. We can see the corrupt and biased media in India also. 

This violation results in formation of dictatorship as the people cannot speak up.

To conclude violation of Human Rights Law it can be said: 

Human rights exist, as epitomized in the Universal Declaration of Human Rights and the whole assemblage of global human rights law. They are perceived—in any event on a basic level—by most countries and structure the core of numerous national constitutions. However the real circumstance on the planet is far removed from the standards imagined in the Declaration.

Conclusion

Human Rights are moral principles or norms which codifies certain standards of living and human behavior. Humans are protected by the local and international laws.

Global corruption is the measure of the dishonesty and fraud in the world.

If all the nations of the world especially the UN member follows the UN Declaration Human Rights 1948, there will be a stable condition to follow the standards of the UN.

The conclusion which we derive from the research are as follows:

• Countries with low income rate, i.e. the developing nations or underdeveloped countries are frequently prone to corrupt or malpractices as every individual deserves at least the basic standard of living to fulfill their basic needs and necessities, thus when these basic requirements are denied, they tend to follow the path of illicit acts like theft, murder and so on. Hence, initiatives must be inducted by the government for the better standard of living for the individuals in it.
• Countries with partially closed economy’s tend to be corrupt as there is only one head.
• Countries with low media freedom encouraging bribery.
• Countries with low rate of educated people tend to give and receive bribe as they are unaware of the policies and wants there work to get done anyhow.

This concept of bribery and corruption is one of the major factum which causes the violation of Human Rights.

Now the question arises how do we remove corruption and let all the 30 Human Rights prevail? 

The answer is simple we can remove poverty and Violation of the rights by educating people, creating jobs and creating the awareness about the rights of the people.

The help of the global media will be required to aware people worldwide, if government is one-sided, degenerate and supports just the noble, it can demonstrate to be extremely hazardous for the smooth working of democracy. 

To conclude; there is actually a lot of things which can be done to bring the global crisis of rights to a stable condition, many leaders and countries have looked into the matter seriously. There is a slow development but the speed of the development is increasing. 

Lastly the global corruption and violation of human rights will only end when we stand for ourselves instead of depending on the government alone. 

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