Anti Corruption Commissions. 29 August 2016

Transcription

1 Anti Corruption Commissions 29 August 2016

2 Street credentials Source: Indopos, 10 December 2007.

3 Topics of this session Roles and functions of ACAs Global principles and review mechanisms Donor support: opportunities and limitations

4 Roles and functions of ACCs

5 Anti corruption agencies (ACAs) are public bodies of a durable nature, with a specific mission to fight corruption and reducing the opportunity structures propitious for its occurrence in society through preventive and/or repressive measures (De Sousa 2010). Single agency with a multi faceted approach of prevention, investigation and education (Klemencic et al 2007). A separate, permanent government agencywhose primary function is to provide centralized leadership in core areas of anti corruption activity (Meagher and Voland 2006).

6 Typical functions 1. Receiving and responding to complaints 2. Intelligence gathering, monitoring and investigation 3. Prosecutions and administrative orders 4. Research, analysis and compliance reviews 5. Public information, education and outreach 6. Coordination of anti corruption efforts across agencies (adapted from Meagher and Voland 2006)

7 Global principles and review mechanisms Source: Daily Star 10/5/2010 (Bangladesh);

8 Jakarta Statement: Principles for ACCs Mandate In prevention, education, awareness raising, investigation and prosecution through one or multiple coordinated agencies A mandate set out in the constitution or in law to ensure permanence. Heads Staff Resources Accountability Appointment of the ACA heads shall ensure apolitical stance, impartiality, neutrality, integrity and competence Remove through legally established procedure (i.e. chief justice) Delegation of powers in the case of prolonged absence of ACA heads. Remuneration that allows for employment of sufficient number of qualified staff Protection from malicious civil and criminal proceedings (immunity) ACA to recruitment and dismissal of staff in line with internal procedures Timely, planned, reliable and adequate resources for gradual capacity development and improvement of operations and mandate Autonomy over allocated budget (in line with accounting standards and auditing requirements) Internal: ACAs shall adopt codes of conduct, SOP and compliance regime External: Adhere to RoL and mechanisms to prevent abuse of power Annual reporting to the public Ext. relations Engage and communicate with public regularly in order to ensure public confidence in its independence, fairness and effectiveness Foster good working relations with state agencies, civil society, private sector and other stakeholders including international cooperation

9 Review and Measurement? Sphere of concern Impact Outcome Sphere of responsibility Output ACC

10 Quiz: What kind of ojectives do these indicators measure? Corruption Perceptions Index rating Number of people convicted as a result of investigations by the ACA Number of investigations User satisfaction with public service, i.e issuance of identity card

11 Donor support: Opportunities and limitations

12 Too often donors seem to assume that ACCs are functioning organizations in need of supplementary funding and policy advice. In reality, many ACCs are dysfunctional organizations lacking skills, structures, resources, processes and focus. (Williams and Doig 2007)

13 Limitations (DO NOTs) Inappropiate support Obsess with visible frontline activities, i.e. major corruption investigations Impractical support Overload ACC: diversification of tasks; asset declarations (?) Unmeasurable support Public awareness raising campaigns Feast or famine more funding than the organization can absorb

14 Risks that come with supporting ACCs Providing legitimacy for window dressing Abuse of power Witch hunts, targeting opposition Drain of resources for more general governance reform Increasing perception of corruption

15 Opportunities (DOs) Realistic capacity assessment (see UNDP Guide) Invest in strengthening back office structure and processes Information sharing in (a) priority donor sector(s) that are affected by corruption Support design, implementation and publication of research on corruption; and analysis on how this can be addressed by ACC Support the transparent and open implementation of recruitment and removal processes Facilitate experience exchange and offer moral support when ACC under pressure, i.e. help find temporary safe places overseas, such as by removing someone from a tense situation (consultation, study visit, or conference abroad). Support cooperation and monitoring by civil society groups Strengthen enabling environment: i.e. freedom of information law, training of judges who handle corruptions cases Coordinate with other donors!

16 ACCs: Partners in crisis Prioritize predictability of responses over severity. Play with open cards: Donors should strive to increase openness and transparency around their handling of corruption cases. Involve a broad range of actors and accountability processes, including the ACC. Explore the involvement of ACC on follow up of corruption case.

17 a judge, court, tribunal, or division of an existing court that specializes substantially (though not necessarily exclusively) in corruption cases.

18 Further resources corruption agencies (U4 s dedicated ACA theme page) (World Bank) erm/13055/allpublications (Princeton University Innovations for Successful Societies) nti_corruption_agency_strengthening_initiative (TI)

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