REINVENTION WITH INTEGRITY

Transcription

1 REINVENTION WITH INTEGRITY Using the UN Convention against Corruption as a Basis for Good Governance Regional Forum on Reinventing Government in Asia Jakarta, Indonesia November, 2007

2 The Integrity Irony in Reinvention The problem: agencies organized to avoid evil became that much less able to do good. Michael Nelson The solution(?): The cliche of empowerment, which is often based solely on looking for economic efficiencies can result in Empowering ethically bankrupt people, leading to corruption more quickly Stuart Gilman

3 The Four Pillars of the UNCAC Preventive Measures Criminalization Law Enforcement International Cooperation Asset Recovery Purpose: Integrity, Accountability and the Proper Management of Public Affairs and Property

4 Preventing Corruption: Why it is Important

5 Preventive measures Anti-corruption Anti-corruption policies bodies and practices Measures for the private sector Participation of civil society Public procurement & management Public reporting of public finances Prevention of money laundering Prevention in judiciary & prosecution services Codes of conduct for public officials

6 Anti-Corruption Policies and Practices? Art. 5? Develop and implement, or maintain, effective coordinated anti-corruption policies and practices-? Periodical evaluation of legal instruments and administrative measures? Measuring Corruption and the effect of Anti-Corruption measures? International Collaboration? Regional and International Exchange, Research, and Training

7 Independent Anti-Corruption Bodies? Art. 6? Establish anti-corruption bodies to? Implement, oversee and coordinate the implementation the anti-corruption policies? Increase and disseminate knowledge on corruption? Independence to enable the body to carry out its functions effectively and free from undue influence? Legal independence? Political independence? appointment and removal process? Realistic budgetary resources and allocations? Immunity against civil litigation? Necessary resources,e.g. specialized staff and training

8 Fighting Corruption is NOT the same as Building Integrity!? Judicial Integrity in South Africa? An Assessment Mission? South Africa s Justice Sector Action Plan? Effective Strategies do both:? Effective Means of Minimizing Corruption and? Building Integrity

9 Preventive Measures in Public Sector Personnel Management (Art.7) Code of Conduct (Art.8) Transparency Integrity Accountability Public Procurement and Public Finance Management(Art.9) Integrity of Judiciary and Prosecution Service (Art.11)

10 Public Sector? Art. 7? Building an efficient, transparent and merit-based civil service? Strengthening systems for recruitment, promotion and retirement of civil servants,? Adequate selection procedures and training for public position vulnerable to corruption,? Regular rotation,? Adequate remuneration and equitable pay scales,? Education and training to enable public officials to meet requirements for the correct, honourable and proper performance? Promote transparency of government actions and prevent the conflict of Interest

11 Codes of Conduct for Public Officials Art. 8 Application of codes of conduct for the correct, honourable and proper performance of public functions? Codes of conduct have to be more than pieces of paper? Systems and measures facilitating the reporting of acts of corruption by public officials (Art 33? protecting those persons)? Public Awareness of the Codes of Conduct / Citizen Charter? Complaint Boxes, Hotlines and Internet Sites? Effective and credible complaints review system? Reliable feedback those complaining & regular public reporting? Effective disciplinary and other measures against public officials for the violation of the codes of conduct

12 Participation of Society Public Reporting (Art.10) Facilitate access of general public to information on organization & decisionmaking of public administration Participation of Society (Art.13)? Ensure Active Participation of Civil Society? Provide Public Access to Anti- Corruption Bodies? Encourage Citizens to Report on Offences (Art.39)

13 Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Dissuasive Civil, Administrative or Criminal Penalties Prevention of conflicts of interest between public officials & private sector Art. 12 No Tax Deductibility of Expenses Constituting Bribes Prohibition of Off-the- Book Account and similar Acts

14 The link between Organized Crime and Corruption Finland New Zealand Denmark Singapore Iceland Switzerland 8.00 Canada Netherlands Norway United Kingdom Germany Austria Luxembourg Australia Hong Kong, China TI-Corruption Japan Ireland Belgium United States France Spain Slovenia Uruguay Portugal Israel 6.00 Estonia Taiwan Botswana Jordan Italy Tunisia Malaysia South Africa Trinidad & Lithuania Tobago Costa Rica Hungary Korea, Republic of Greece Colombia Jamaica Mozambique Form Yugo. Rep. of Macedonia Honduras Venezuela Ukraine Cameroon Argentina Chad Paraguay Kenya Haiti Bulgaria El Salvador Bangladesh Mexico BrazilSlovak Republic Poland Croatia Peru Madagascar Russian Federation Yugoslavia Uganda Senegal Philippines Romania Nigeria Pakistan Angola Czech Republic Panama Sri China Lanka Latvia Ecuador Zimbabwe Indonesia Vietnam Nicaragua Algeria Zambia Wef-Organized Crime Nepal Ghana Tanzania Egypt Morocco Thailand Turkey India Dominican Republic Ethiopia Mali Malawi Gambia

15 Guidance Available for UNCAC Implementation? UN Convention against Corruption (UN languages)? Legislative Guide to the UNCAC? Technical Guide to the UNCAC (Spring 2008)? Electronic Library keyed to the UNCAC? 2008? Judiciary?? Commentary on the Bangalore Principles? Technical Guide to the Bangalore Principles (2008)? Public Procurement for Dummies? UNCITRAL (2008)? StAR Initiative: Documents on Effective Asset Recovery with the World Bank Institute (2008)

16 Combating Corruption Technical Assistance UNCAC Prevention Strengthening State Institutions International Cooperation Asset Recovery Enforcement (prosecution, legal reform, Investigation)

17 ? The future has many names: For the weak it is unattainable, For the fearful it is unknown, For the bold it is opportunity. Victor Hugo

18 For further information: The Global Programme Against Corruption United Nations Office on Drugs and Crime P.O.Box 500 Vienna A-1400 Austria By Fax: +43 (1) By Phone: +43(1)