IACSA - International Anti-Corruption. Summer Academy. Practice Meets Science July Laxenburg, Austria

Transcription

1 IACSA - International Anti-Corruption Summer Academy Practice Meets Science 4-13 July Laxenburg, Austria 2013

2 Content IACSA 2013 PREFACE 5 INTRODUCTION 6 LECTURES 8 PROGRAMME 18 ROUNDTABLE DISCUSSIONS 24 IACSA 2013 PARTICIPANTS BY COUNTRIES 28 INTERNATIONAL ANTI-CORRUPTION ACADEMY 30 SIEMENS INTEGRITY INITIATIVE

3 Preface IACSA 2013 Welcome to the International Anti-Corruption Summer Academy (IACSA), Practice meets Science, where boundaries between real world action and theoretical knowledge dissolve. This distinctive, interdisciplinary programme has in fact become an integral part of the International Anti-Corruption Academy s curriculum, being offered for the third year in a row. Through a mix of academic and practical approaches, you will have the chance to examine the cross-cutting nature of corruption and the social ramifications surrounding it. IACSA is designed to broaden your understanding of the intricacies of corruption, its root causes, and impact on society. By the end of the programme, you will have acquired a deep analytical understanding of the complexities of corruption and take home the latest tools and practical strategies for building capacity in the field. You will have the opportunity to interact with professionals from a diverse range of backgrounds and cultures, both in and out of class. Courses are taught by worldrenowned professors and field specialists, exposing you to a variety of insights. We hope you will enjoy the programme we have put together for this year and encourage you to participate in social activities to enhance your experience. Wishing you an inspiring time, Martin Kreutner (Dean & Executive Secretary) 4 5

4 Introduction IACSA 2013 The International Anti-Corruption Summer Academy (IACSA), Practice meets Science, is the third in a series. It is an intensive ten-day programme designed for professionals looking to consolidate their experiences and enlarge their competences to better counter corruption. Interdisciplinary in nature, IACSA addresses trends and practices on the global anticorruption agenda, promoting a culture of the reflective practitioner. Participants will have the opportunity to learn from visiting professors and anti-corruption practitioners who lead in their field, as well as from their peers of diverse cultural and professional backgrounds. The programme has been developed to enhance professionals understanding of the complexity of corruption, while at the same time providing them with tools to evaluate anti-corruption practices, policies, and initiatives. In integrating theory and practice, IACSA allows participants to better asses and identify challenges and best practices in preventing and fighting corruption, offering frameworks for devising durable anti-corruption strategies. IACSA comprises a combination of courses, work group sessions, round table discussions, and social events. In continually seeking to enhance the programme, courses and roundtable discussions in new areas of interest are developed annually. A key element of IACSA is networking and shared learning among the international group of participants who attend each year. This year, 75 participants from 55 different countries are taking part in IACSA. They come from the public and private sector, civil society, academia, and the media. IACSA is sponsored by the Siemens Integrity Initiative, allowing for subsidized fees for all participants and full scholarships for those from Least Developed Countries. 6 7

5 Lectures IACSA 2013 NASSER AL SANE Nasser Al Sane has been a member of Global Organization of Parliamentarians Against Corruption (GOPAC) since 2002 and was Chair from 2008 to He is the Vice-Chairman of the International Forum for Islamic Politics, the Chairman of Synergy Corporation Consultancy Company, and Assistant Professor of Business at the Kuwait College for Business. Formerly, Nasser Al Sane was a member of the Kuwaiti Parliament for 17 years. He holds a BSc from Kuwait University, an MBA from New Haven University, USA, and a Ph.D. in Organizational Development from Aston University, UK. Engaging Parliamentarians in Eradicating Corruption and Promoting Development and the Rule of Law The global community recognizes that a commitment to fighting corruption is essential to establishing the rule of law. If corruption is rampant poverty alleviation and the rule of law fail. If corruption in governance systems prevails then social and economic development is an untenable goal. If corruption pervades every level of society, there can be no justice, no equality and no integrity. Engaging parliamentarians, those most accused of acts of corruption, is necessary. The fact is that there are no required courses or training programmes to become a parliamentarian. Newly elected MPs come from a variety of different backgrounds and have diverse interpretations of how they will conduct their three main functions representation, oversight, and legislation. Although they hold high profile professions, many legislators have neither a clear idea of the ethical standards expected of them nor of their obligations as elected officials. Generally, newly elected legislators are eager to learn and to have a positive impact on their communities. Through their oversight powers, legislators have an important role in the fight against corruption and the promotion of good government. Legislators are the ones that cannot only create and promote laws but ensure that the rule of these laws is enforced. The challenge lies in finding and supporting the champions in parliament that will work to eradicate corruption. As a representative of GOPAC, Dr. Al Sane will provide information and analysis on how this transformative fight can be one and heighten awareness by building a combination of global pressure and national action to eradicate corruption. MARY CRANE-CHAREF Mary Crane-Charef is an analyst with the Organisation for Economic Co-operation and Development s (OECD) Anti-Corruption Division. Her responsibilities include supporting the work of the OECD Working Group on Bribery in International Business Transactions to monitor the implementation and enforcement of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions by the Convention s 40 States Parties. Ms. Crane-Charef also manages the Working Group on Bribery s Initiative to Raise Global Awareness of Foreign Bribery and supports the OECD s work in relation to the G20 Anti-Corruption Action Plan. Prior to her work at the OECD, Mary Crane- Charef worked for the US Agency for International Development in Afghanistan. She is an American national with a Master s degree in international relations from New York University and an undergraduate degree from the University of Toronto. The Fight against Foreign Bribery: The OECD Anti-Bribery Convention This course will focus on the role in the global anti-corruption agenda of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and its implementation and enforcement by its 40 States Parties. The class will include an introduction to the principles outlined in the Convention, which establishes legally binding standards to criminalize bribery of foreign public officials in international business transactions and provides for a host of related measures that make this effective. The Anti-Bribery Convention is the first and only international anti-corruption instrument focused exclusively on the supply side of the bribery transaction. The class will also provide an overview of lessons learned from more than ten years of monitoring the implementation and enforcement of the Convention by its 40 States Parties (which include the 34 OECD member countries, Argentina, Brazil, Bulgaria, Colombia, Russia, and South Africa) and how these lessons can be useful for non-member governments interested in strengthening their own anti-bribery frameworks. 8 9

6 Lectures IACSA 2013 ODELL GUYTON Odell Guyton is the Director of Compliance and a senior corporate attorney in the Office of Legal Compliance for the Microsoft Corporation. He has extensive experience in complex litigation. Before assuming this position, he was the Corporate Compliance Officer for the University of Pennsylvania and was also engaged in the private practice of law. He has served in the US Attorney s Office and the Philadelphia District Attorney s Office, and has received numerous honours and recognitions for his service. Odell Guyton is on several governing boards and is currently the Special Advisor on Compliance to the University of California Board of Regents. He holds a Doctoral degree in law from the American University. Ethisphere Institute and Ethisphere Magazine named him as one of 2010 s and 2009 s Attorneys Who Matter and one of 2008 s 100 Most Influential Persons in Business Ethics. Challenges in Building and Maintaining an Effective Multi-National Compliance Programme - The Microsoft Corporation Model This course will focus on the challenges and successes in establishing and maintaining a global corporate compliance programme in today s global enforcement environment. The course will focus on the basic elements of the US Federal Sentencing Guidelines, the OECD Good Practice Guidance, global risk assessment, policy development and implementation, as well as other fundamental issues and concerns. Special emphasis will be on addressing the global anti-corruption and bribery risk, and providing practical guidance debate and discussion in this area of compliance and governance risk. DANIEL HAEBERLÉ Daniel Haeberlé is an independent professional consultant, researcher and facilitator with 20 years experience on three continents working for supranational institutions, global corporations, and multinational NGOs. His work seeks to enhance capacities for understanding and collaboration in areas where difference poses problems. He does this by generating transformative learning, a kind of learning that affects identity and that can therefore produce sustainable change in individuals, organizations, and communities. As a founding partner and co-director of a consultancy in Brussels that has won a number of large EU contracts, he has spent much of the last ten years designing and delivering innovative consultancy and training programmes for the European Commission, the European Council, the European Parliament, the European School of Administration, and many European agencies. This work has supported the successful integration of over 14,000 new and expatriate civil servants into the EU institutions complex multicultural work environments, both in Europe and around the world. He is currently developing his next project: the production of accessible and entertaining large-group events designed to foster relationships of mutual respect between complete strangers people who need not share a common interest or even a language. Meeting each other as Practice meets Science Taking place on the first morning of the programme, this workshop s overall objective is to help participants make the most of the many opportunities provided by the summer academy. Daniel Haeberlé will employ various experiential activities to allow all participants to arrive gently and fully into the programme and get to know each other better. The workshop also aims to enhance each participant s capacity for mutual understanding and collaboration, by focusing on the development of relational self-awareness awareness of how we are involved in manufacturing the other that we relate to and sometimes react to

7 Lectures IACSA 2013 DAVID HAWKES David Hawkes is a German senior prosecutor (Oberstaatsanwalt) specialized in complex international anti-corruption and white collar crime investigation and litigation. He presently heads the Special Litigation Unit in the World Bank Group s Integrity Vice Presidency (INT) in Washington, DC. The Special Litigation Unit, with a dozen dedicated attorneys and paralegals from six continents, represents INT s findings from investigations across the globe in World Bank Group sanctions proceedings. It is the first specialized unit of this kind in an international organization. Since its establishment in December 2007, the Special Litigation Unit under David Hawkes leadership has brought more than 150 cases that have resulted in public sanctions against more than 200 companies and individuals from several dozen countries. Previously, David Hawkes was the head of INT s Africa Regional Team. Before joining INT in 2005, he served as a prosecutor at the Staatsanwaltschaft Berlin (Berlin Office of the Prosecutor) and as an official in the German Federal Ministry of Justice. Corruption and Development Lecture 1: Development and the Impact of Corruption The course explores the impact corruption has on development projects and international anti-corruption efforts. David Hawkes will present the spectrum of corruption and fraud schemes that target development operations, as well as the instruments that multilateral development banks and other international organizations use to combat corruption. Based on recent cases as examples, participants will be introduced to the investigative instruments and the evidence that is required to assemble and litigate sanctions cases successfully against companies and individuals at an international level. Lecture 2: Corruption and Development: A Case Study In this second course David Hawkes will challenge the class to apply the investigative instruments introduced earlier in a case simulation. Participants will have the opportunity to analyze and discuss some of the materials that are available to international investigators in corruption cases and their evidentiary and investigative value. Both lectures aim to increase participants understanding of the challenges and opportunities that transnational corruption investigations face in the context of development aid. SUZANNE HAYDEN Suzanne Hayden is an international prosecutor with over 25 years of experience in the area of litigation, anti-corruption, ethics, transnational money laundering, terrorist financing, narcotics trafficking, and war crimes. She served at the International Criminal Tribunal for the Former Yugoslavia (ICTY) for three years and as an assistant United States prosecutor for twenty years during which she was the US Department of Justice s delegate to the Financial Action Task Force (FATF). During her time at ICTY, she established the Tribunal s first financial investigative unit for war crimes and was the focal point for all UN Member States regarding the financial investigation of Slobodan Milošević. Suzanne Hayden has conducted consultations and technical assistance and prepared legislation at the request of over 25 countries. She has worked closely with international organizations from 1997 to the present. Since joining IACA in January 2012 as its Senior Academic Programme Advisor, Suzanne Hayden has designed numerous courses and taught throughout the world, focusing on corruption, building integrity, financial crimes, and the role of journalists in combating corruption. Crime and Punishment: The Intersection of Corruption and Financial Crime Two of six chapters within the United Nations Convention against Corruption (UNCAC) relate corruption to criminal law, financial crime, and asset recovery. Why is financial crime singled out? Why is law enforcement important? How does money laundering intersect with anti-corruption? How can we apply it to today s lessons learned? To answer these questions we will look at the UNCAC, measurement/benchmarking concepts, and several illustrative cases. This lecture will address the UNCAC imperative to criminalize certain financial crimes including bribery and discuss how crime and punishment impact transparency, accountability, and integrity. We will examine two cases that illustrate the use of financial crimes intended to enrich corrupt actors and the far reaching nature of buying and selling one s country s natural resources, trading access for cash, and bartering power to feed greed. This is not a law class, not a police investigators class, but rather a class designed for a wide spectrum of backgrounds to look at the issue of corruption, through a different lens. At the close of the case studies, we will apply the case examination lessons-learned to Professor Michael Johnston s syndromes of corruption

8 Lectures IACSA 2013 MICHAEL JOHNSTON Michael Johnston (Ph.D. Yale University, 1977) is the Charles A. Dana Professor of Political Science at Colgate University in Hamilton, New York. He has studied questions of corruption, democratization, and reform since the 1970s, and has served as a consultant to organizations such as the World Bank, the United Nations, the Organization of American States, and the United States Agency for International Development. His book, Syndromes of Corruption: Wealth, Power, and Democracy (Cambridge University Press, 2005), won the 2009 Grawemeyer Award for Ideas Improving World Order, presented by the University of Louisville. His new book, Corruption, Contention, and Reform, is set to be published by Cambridge late in Corruption, Contention, Reform: Empowering Citizens in Diverse Settings Corruption occurs in contrasting forms, depending upon a range of historical and contemporary influences, and requires reform responses that are appropriate to those diverse influences. Michael Johnston suggests that the participants see four major syndromes of corruption around the world: Influence Markets: in a climate of well-institutionalized markets and democratic politics, private wealth interests seek influence over specific processes within strong public institutions, not only bribing officials but channeling funds to political figures who put their access out for rent (i.e. USA, Japan, Germany). Elite Cartels: in a setting of only moderately strong state institutions, colluding elites - political, bureaucratic, business, military, and so forth - build high-level networks by sharing corrupt benefits, and are able to stave off rising political and economic competition (i.e. Italy, South Korea, Botswana). Oligarchs and Clans: a small number of contentious elites backed by personal followings pursue wealth and power in a climate of very weak institutions, rapidly expanding opportunities, and pervasive insecurity. At times they resort to violence. Opponents of corruption face major risks and uncertainties (i.e. Russia, the Philippines, Mexico). Official Moguls: powerful individuals and small groups, either dominating undemocratic regimes or enjoying the protection of those who do, use state and personal power - often a distinction of little importance - to enrich themselves with impunity (i.e. China, Kenya, Suharto s Indonesia). ROBERT KLITGAARD Robert Klitgaard is a university professor at Claremont Graduate University, where he served as the President from 2005 to He previously served as Dean of the Pardee RAND Graduate School, where he was also the Ford Distinguished Professor of International Development and Security. He has been a professor of Economics at the University of KwaZulu-Natal, Durban; Lester Crown Professor of Economics at Yale s School of Management; and Associate Professor of Public Policy at Harvard s John F. Kennedy School of Government, where he also served half-time as Special Assistant to Harvard President Derek Bok. Robert Klitgaard has advised many governments on economic strategy and institutional reform, and his consulting work and research have taken him to more than 30 countries in Africa, Asia, and Latin America. He has been called the world s leading expert on corruption (The Christian Science Monitor). In recent years he has served on the faculty of the World Economic Forum, the editorial boards of the Journal of Economic Literature and Theoria, and the Board of the International Development Evaluation Association. Economics and Corruption: A Short Introduction to Economic Theories on Corruption Many approaches to corruption are possible: cultural, ethical, legal, and more. From a practical perspective, an economic approach is valuable. This lecture presents two simple but powerful models: the principal-agent model and the n-person prisoners dilemma, and applies them to real examples. Like many concepts in the social sciences, corruption is a latent variable that cannot be directly measured. A variety of proxy variables and indicators have been created. This lecture explains them, explores them, and applies them to real situations. What can we learn from countries (and cities and ministries) that have successfully reduced, if never eliminated, corruption? The examples emphasize the contributions of the business sector and civil society in making governments and markets work better. This class uses a live case to engage participants in hands-on problem solving, including the application of economic frameworks, the use of various measures of corruption, and the design of an anti-corruption strategy

9 Lectures IACSA 2013 MARTIN KREUTNER Martin Kreutner is Dean and Executive Secretary of the International Anti- Corruption Academy (IACA). In 2010 and 2011, he acted as the Special Advisor to the Austrian Minister of Interior. From 2001 to 2010, Martin Kreutner was the Director of the Austrian Federal Bureau for Internal Affairs, a unit he was responsible for commissioning. He has also served in the Austrian Armed Forces and spent five years on a number of international missions. Furthermore, he was the President/Chair of the European Partners against Corruption (EPAC/EACN) for a period of nine years. He has extensively lectured on topics of anti-corruption, international humanitarian law, and security all around the world. He is a member of several international boards and a senior consultant and peer reviewer for the United Nations, Council of Europe, Transparency International and the World Bank, to name a few. Martin Kreutner holds a Master in Law from the University of Innsbruck, Austria and a Master in Policing and Public Order Studies from the University of Leicester, UK. Best Practices and Parameters for Independent Anti-Corruption Authorities During this lecture, we will discuss the importance of independence for anticorruption authorities and identify best practices. It is imperative that these bodies operate under the highest ethical standards and without undue influence in answering to the public they serve. We will explore a set of ten fundamental principles on the notion of independence, which will take all political, functional, operational and financial aspects into account. They include provisions on legal frameworks, resources and employment, access to information, freedom of decision-making, prosecuting allegations, cooperation with other bodies and civil society, and independent oversight mechanisms. We will go beyond theoretical concepts, identify best practices and examine how these principles could be implemented. We will also analyze constraints due to certain legal systems and political will, as well as examine the concept of independence through the lens of international legal instruments such as the United Nations Convention against Corruption (UNCAC) and the Council of Europe Criminal Law Convention on Corruption. To facilitate discussions, case studies from the European Partners against Corruption (EPAC/EACN) network and the Council of Europe s Group of States against Corruption (GRECO), will be used. KLAUS MOOSMAYER Klaus Moosmayer is the Chief Counsel Compliance of Siemens AG since July Together with the Chief Compliance Officer he leads the global Compliance Organization of Siemens and reports to the Board of Management. He is responsible for legal compliance management, compliance policies, internal investigations, disciplinary sanctions, remediation, and compliance controls. In his previous role as Compliance Operating Officer of Siemens, he had a leading role in developing the new Siemens Compliance Programme. Before joining Siemens in 2000 he was a lawyer in a private practice. Klaus Moosmayer published extensively on compliance and white collar crime topics and speaks frequently on compliance topics at national and international conferences. Compliance at Siemens from Organizational Change to Integrity and Collective Action The lecture will touch upon compliance at Siemens, overall trends in corporate compliance, and recent developments of legal frameworks from a corporate point of view. At Siemens, the issue of compliance - the strict adherence to all laws, regulations and internal guidelines, in particular the Siemens Business Conduct Guidelines, is the basis for all our decisions. Compliance is not a programme, it is the way we conduct business - Only clean business is Siemens business. The basis for building an effective compliance system is the Compliance Risk Assessment. The Siemens Compliance System is divided into three action levels: prevent, detect, and respond. Besides our company-wide efforts to implement compliance policies in daily business, training of employees and constant communication on integrity by our business leaders, Siemens is committed to investigating possible misconduct and taking disciplinary measures in case of violations. Within our wider sphere of influence, we are engaged in various multi-stakeholder initiatives aimed at jointly combating corruption in the markets where Siemens conducts business ( Collective Action ). On 9 December 2010, the World Bank and Siemens announced the first anticorruption projects that will receive financing from the 100 million USD Siemens Integrity Initiative. Siemens supports the International Anti-Corruption Academy as part of this initiative

10 Programme IACSA 2013 IACSA 2013 THURSDAY 4 July 2013 FRIDAY 5 July 2013 SATURDAY 6 July 2013 SUNDAY 7 July 2013 MONDAY 8 July 2013 TUESDAY 9 July 2013 WEDNESDAY 10 July 2013 THURSDAY 11 July 2013 FRIDAY 12 July 2013 SATURDAY 13 July 2013 Topic of the Day Teambuilding, Ethics and Corruption Anti-Corruption Authorities and Rulemaking Introduction to Anti-Corruption and the UNCAC Corruption, Social Sciences and Economics Corruption and Development Economics, Crime and Corruption Acountability and Corruption, Compliance Compliance Closing Ceremony 07:00-08:00 Breakfast Breakfast Breakfast Breakfast Breakfast Breakfast Breakfast Breakfast Breakfast 08:30-10:00 Arrival Mr. Daniel Haeberlé Mr. Martin Kreutner Ms. Suzanne Hayden Mr. Michael Johnston Mr. Robert Klitgaard Ms. Claudia L. Sayago Mr. Smokin Wanjala Mr. Klaus Moosmayer Free Time 10:00-10:30 Coffee Break Coffee Break Coffee Break Coffee Break Coffee Break Coffee Break Coffee Break Coffee Break 10:30-12:00 Mr. Daniel Haeberlé Ms. Mary Crane-Charef Mr. Michael Johnston Mr. Michael Johnston Mr. Robert Klitgaard Ms. Claudia L. Sayago Mr. Smokin Wanjala Mr. Klaus Moosmayer Closing Ceremony - awarding of certificates (formal dress) 12:00-13:30 Lunch Lunch Lunch Lunch Lunch Lunch Lunch Lunch Lunch 13:30-15:00 Mr. Edward Spence Mr. Nasser Al Sane Mr. Robert Klitgaard Mr. David Hawkes Mr. Odell Guyton Presentations of the Group Work Registration at the Hotel 15:00-15:30 Coffee Break Coffee Break Coffee Break Coffee Break Coffee Break Coffee Break 15:30-17:00 Mr. Edward Spence Mr. Nasser Al Sane Mr. Robert Klitgaard Mr. David Hawkes Mr. Odell Guyton Presentations of the Excursion Excursion Group Work "Danube Region/ "Vienna/Vienna Wachau" International Center" 17:00-17:30 including dinner including dinner Registration at Group Work Group Work (casual dress) Group Work Group Work (smart casual dress) Group Work 17:30-18:00 the Academy 18:00-19:00 19:00-21:30 Opening Ceremony (formal dress) Panel Discussion "Transparency in Public Administration" Reception Dinner Dinner Dinner Unoffical Get-together at IACA Round Table "The Role of Education in Anti-Corruption" Free Time Sport Activities & Barbecue Dinner Round Table "Business and Reporting of Corruption" Free Time Farewell Dinner (smart casual dress) Departure 18 19

11 Lectures IACSA 2013 CLAUDIA SAYAGO Claudia Sayago is a Crime Prevention and Criminal Justice Officer at the Corruption and Economic Branch of the United Nations Office on Drugs and Crime (UNODC). She provides technical assistance to national officials in their implementation of the United Nations Convention against Corruption (UNCAC) and focuses on anticorruption policies, legislative reform and prevention of money-laundering. Claudia Sayago has over ten years of previous international experience with the United Nations as a judicial officer and anti-corruption advisor. She worked in the Former Yugoslavia and Africa in complex prosecutions and trials concerning corruption, war crimes, money laundering, and organized crime. As an anticorruption advisor in Latin America and South-East Asia, Claudia provided strategic advice to senior anti-corruption and justice officials on anti-corruption strategies, judicial and legal reform, the implementation of the UNCAC, and also provided specialized anti-corruption training. Economics, Crime, and Corruption This part of the programme will provide participants with an understanding of the inter-relations between economics, crime and corruption, helping them devise strategies for anti-corruption interventions. During the first interactive lecture, we will identify a common understanding and denominators in crimes of corruption, their inter-relation with economics and other forms of crime. While assessing the general framework of economic development and other existing initiatives, interests and systemic responses will be analyzed. The second part will concentrate on the prevention framework of the UNCAC, examining economic crimes and risk areas in public procurement, public finances and the roles of the public and private sectors as well as the participation of society. Taking into account the contextual inter-relationships of economic crimes and interests, we shall evaluate what can and should be done to prevent corruption and, once occurred, to recover proceeds of crime. Thus, the session will conclude discussing previous regional experiences, strategies for anti-corruption intervention identifying actors, priorities, timing, and sustainability that can impact on the inter-relation of economics and corruption. EDWARD H. SPENCE Edward H. Spence (Ph.D. University of Sydney) is Senior Research Fellow at the Australian Research Council Special Centre for Applied Philosophy and Public Ethics, and Research Fellow at the 3TU Centre for Ethics and Technology, Netherlands. He is the author of Media, Markets, and Morals (2011), Ethics within Reason: A Neo-Gewirthian Approach (2006), Advertising Ethics (2005), Corruption and Anti- Corruption: A Philosophical Approach (2005), and editor of The Good Life in a Technological Age (2012). He is the author of over 70 refereed papers and other publications in national and international journals on professional and applied ethics, including media and new media ethics, the ethics of corruption, and the ethics of technology. He is the founder and producer of the Theatre of Philosophy project whose aim is the introduction of philosophy to the general public through original philosophy plays and audience participation through discussion. Ethics and Corruption Lecture 1: The Ethics of Corruption In this lecture we shall examine corruption as a fundamental species of immorality, rather than a species of illegality or of bad economic practice. We will examine a general applied philosophical model of corruption by reference to the Myth of Gyges in Plato s Republic. This would enable us to identify some of the major characterizing features of corruption as well as identify the major types of corruption, its contexts, and causes in different institutional environments and practices. In addition, we shall examine and discuss the ethics of corruption on the basis of various contemporary ethical theories and examine and analyze the essential characteristics and conditions that give rise to it as well as identify various harmful consequences of corruption. Lecture 2: Taxonomies of Corruption, their Ethical Impacts and Social Implications In this second lecture we shall examine a number of sets of distinctions, including between spheres of basic activity and organizations, and between professional and institutional roles and conflicts of interest that arise between those roles and other external interests that may prove conducive to corruption. This will enable us to offer a number of taxonomies of corruption, including individual, organized, institutional, and systemic corruption. In this lecture we shall also focus in more detail on the contexts in which corruption takes place, and the causes that give rise to it. Our concern will be with what motivates and causes corruption or tends to bring it into existence and/or maintain it. In addition, we shall examine certain media practices that although perceived as unethical are generally not understood or recognized as instances of corruption

12 Lectures IACSA 2013 SMOKIN WANJALA Smokin Wanjala is a judge of the Supreme Court of Kenya and a member of the Judicial Service Commission of Kenya. He was a senior lecturer in law at the University of Nairobi ( ) where he offered instruction in International law, international human rights law, land law, and criminal law. He served as Assistant Director of the now defunct Kenya Anti-Corruption Commission ( ) where he was in charge of the Directorate of Preventive Services. During this period, he was Rapporteur of the Pan African Association of Anti-Corruption Authorities. Smokin Wanjala is a member of the Kenya National Academy of Sciences, the International Commission of Jurists-Kenya Chapter, and the Kenya Magistrates and Judges Association. He holds a Bachelor of Laws Degree (LL.B Hons) from the University of Nairobi, a Diploma in Law and Practice from the Kenya School of Law, a Master of Laws Degree (LLM) from Columbia University, New York, and a Ph.D. in Law from the University of Ghent, Belgium. The Arenas of Corruption in Africa: The Need for Targeted Interventions The two-part lecture will explore the main areas where mega-corruption occurs in Africa. In the first part, the lecture identifies specific corruption scandals that have emerged in specified countries on the African continent over the years. The nature, typologies, causes and effects of these scams are discussed. The lecture interrogates the systemic, institutional and normative environments in which corrupt deals thrive. The discussions during the lecture are expected to paint a clear picture of the anatomy of corruption in Africa. The second part of the lecture examines the official responses by governments on the continent towards the scandals. In particular, the discussion revolves around specific actions and interventions that governments have taken once the corruption laden-deals become public. Of particular interest is the degree of success with which African governments have combated the vice through such interventions. Where governmental action has resulted in failure, the reasons for such failure are highlighted. The concluding part of the lecture series will suggest targeted interventions that are necessary for a more effective fight against corruption on the African continent

13 Roundtable Discussions IACSA 2013 Transparency in Public Administration MARTIN KREUTNER See page 16 MANFRED MATZKA Manfred Matzka is Director General in the Austrian Federal Chancellery. He was an adviser and then Deputy Director in the Legal Service of the Austrian Federal Chancellery, a legal adviser to the Minister for Public Health and Civil Service, Chef de Cabinet of the Austrian Minister of the Interior, Director General in the Ministry of the Interior, the Ministerial Co-ordinator for EU and Schengen, and Chair of Schengen and EU working groups and steering groups. He is a board member in several Austrian state enterprises and state agencies and a member of the Austrian Constitution Convent. Manfred Matzka has published a considerable number of articles in law journals and monographs in the field of data protection law, constitutional law, state history, citizenship law, and European migration policy. MARK PIETH In 2004, he was appointed to the Independent Inquiry Committee for the Iraq Oilfor-Food Programme by former UN Secretary-General Kofi Annan. Mark Pieth is a member of the Integrity Advisory Board of the World Bank Group and President of the Basel Institute on Governance. He publishes extensively in the field of economic and organized crime, money laundering, corruption, sanctioning, and criminal procedure. HUBERT SICKINGER Hubert Sickinger is a professor of Political Science at the University of Vienna. Austria. He studied political science and law, obtaining two Doctorate degrees with distinction in 1990 and 1995 from the University of Vienna. Since 1992 has been a Senior Research Fellow at the Institute of Conflict Research in Austria. Hubert Sickinger is the Austrian correspondent of the Local Research Correspondents on Corruption, European Commission, Directorate-General Home Affairs. From 2000 until 2003 he was a member of the Executive Board of the Austrian Political Association. Furthermore, he is Vice-Chairman of the Advisory Board of Transparency International - Austrian Chapter and member of the Managing Editorial Board of the Austrian Journal of Political Science. Mark Pieth is a professor of criminal law and criminology at the University of Basel, Switzerland. After receiving his undergraduate degree and PhD in criminal law and criminal procedure, he spent a long time abroad, most notably at the Max Planck Institute for Criminal Law and Criminology in Germany and the Cambridge Institute of Criminology in the United Kingdom. For four years, he was Head of the Economic and Organized Crime Section of the Swiss Federal Office of Justice. From the mid-1990s to the present day, Mark Pieth has undertaken a range of functions at the international level. Since 1990, he has been chairing the OECD Working Group on Bribery in International Business Transactions

14 Roundtable Discussions IACSA 2013 The Role of Education in Corruption SAMIRA LINDNER Samira Lindner is Associate Editor of the Global Corruption Report (GCR), one of Transparency International's flagship publications. The GCR brings the expertise of the anti-corruption movement to bear on a specific corruption issue. The forthcoming report (to be released 1 October 2013) focuses on corruption in education and includes contributions from over 70 experts and practitioners. Samira Lindner joined Transparency International in June 2012 in the Global Outreach and Campaigns department. She holds an MSc in Global Politics from the London School of Economics and a BA in Politics and Development Studies from the School of Oriental and African Studies in London. MICHAEL PEDERSEN Michael Pedersen, Founder of M INC., is an internationally recognized expert and leader in good governance, transparency, ethics, and integrity. He is a change agent, an integrity coach, and a street volunteer. Michael Pedersen is the former Head of the World Economic Forum Partnering Against Corruption Initiative (PACI), an international good governance partnership with over 175 multinational companies and their CEOs. He holds three MSc degrees: an MSc in Global Leadership, an MSc in Responsibility and Business Practice, and an MSc in International Relations. Michael Pedersen is of Danish origin. He currently lives in Lima, Peru, and in Barcelona, Spain. Prior to this, she conducted research on non-formal education in Asia. Muriel Poisson has worked on recommendations for curriculum reform for the International Bureau of Education (IBE) in Geneva, and participated in UNESCO s follow-up to the Dakar World Conference on Education for All, held in She has co-authored a number of articles and books, including: Corrupt schools, corrupt universities: What can be done (UNESCO Publishing). Business and Reporting of Corruption MARTIN KREUTNER See page 16 ODELL GUYTON See page 10 OECD REPRESENTATIVE (tbc) PACI REPRESENTATIVE (tbc) MURIEL POISSON Muriel Poisson is a Programme Specialist at the International Institute for Educational Planning (IIEP-UNESCO) in Paris. Since 2002, she has been the task manager of the IIEP s project on Ethics and Corruption in Education. She is responsible for research and training activities in this area on subjects such as academic fraud, teacher codes of conduct, and public expenditure tracking surveys

15 IACSA 2013 IACSA 2013 Participants by Countries Greenland (Denmark) UNITED STATES OF AMERICA ICELAND FINLAND RUSSIAN FEDERATION SWEDEN NORWAY ESTONIA RUSSIAN FEDERATION LATVIA CANADA DENMARK LITHUANIA RUS. FED. BELARUS IRELAND POLAND UNITED KINGDOM NETHERLANDS GERMANY BELGIUM LUXEMBOURG UKRAINE CZECH REPUBLIC SLOVAKIA REP. OF MOLDOVA AUSTRIA KAZAKHSTAN HUNGARY LIECHTENSTEIN FRANCE SWITZERLAND MONGOLIA ROMANIA SLOVENIA CROATIA BOSNIA AND HERZEGOVINA SERBIA SAN MARINO MONACO MONTENEGRO ITALY ANDORRA UZBEKISTAN BULGARIA Kosovo GEORGIA ARMENIA ALBANIA PORTUGAL KYRGYZSTAN F. Y. R. OF MACEDONIA HOLY SEE SPAIN AZERBAIJAN GREECE TURKMENISTAN TURKEY UNITED STATES OF AMERICA DEM. PEOPLE'S REP. OF KOREA TAJIKISTAN REP. OF KOREA MALTA CYPRUS ISLAMIC REPUBLIC OF IRAN LEBANON TUNISIA ISRAEL JORDAN JAPAN CHINA SYRIAN ARAB REPUBLIC AFGHANISTAN IRAQ MOROCCO KUWAIT ALGERIA LIBYA PAKISTAN NEPAL BHUTAN EGYPT BAHRAIN INDIA QATAR MEXICO Western Sahara BAHAMAS SAUDI ARABIA UNITED ARAB EMIRATES Taiwan VIET NAM OMAN CUBA MYANMAR MAURITANIA HAITI JAMAICA BELIZE DOMINICAN REPUBLIC SAINT KITTS AND NEVIS ANTIGUA AND BARBUDA MALI DOMINICA HONDURAS GAMBIA GUINEA-BISSAU TRINIDAD AND TOBAGO COSTA RICA PHILIPPINES CAMBODIA DJIBOUTI BENIN FEDERATED STATES OF MICRONESIA NIGERIA SIERRA LEONE PANAMA VENEZUELA CÔTE D'IVOIRE LIBERIA GUYANA GHANA MARSHALL ISLANDS PALAU ETHIOPIA SOUTH SUDAN CENTRAL AFRICAN REPUBLIC TOGO SURINAME COLOMBIA THAILAND SUDAN BURKINA FASO GUINEA YEMEN ERITREA CHAD SENEGAL SAINT LUCIA SAINT VINCENT AND BARBADOS THE GRENADINES GRENADA NICARAGUA LAO PEOPLE'S DEM. REP. NIGER CAPE VERDE GUATEMALA EL SALVADOR BANGLADESH SRI LANKA BRUNEI DARUSSALAM MALDIVES CAMEROON MALAYSIA French Guiana (FRA) SOMALIA EQUATORIAL GUINEA SINGAPORE KENYA CONGO GABON ECUADOR MALAYSIA UGANDA SAO TOME AND PRINCIPE KIRIBATI INDONESIA DEMOCRATIC REPUBLIC OF THE CONGO RWANDA NAURU INDONESIA INDONESIA UNITED REP. OF TANZANIA PAPUA NEW GUINEA SEYCHELLES INDONESIA TIMOR-LESTE ANGOLA Participants by Occupation (%) TUVALU SOLOMON ISLANDS BRAZIL PERU KIRIBATI INDONESIA BURUNDI COMOROS MALAWI ZAMBIA SAMOA MOZAMBIQUE FIJI VANUATU BOLIVIA MADAGASCAR ZIMBABWE NAMIBIA MAURITIUS BOTSWANA 10 % TONGA PARAGUAY AUSTRALIA Public Sector 8% SWAZILAND LESOTHO Private Sector 17 % 65 % SOUTH AFRICA URUGUAY Civil Society ARGENTINA CHILE Academia 28 NEW ZEALAND The boundaries and names shown and the designations used on this map do not imply any official endorsement or acceptance by the International Anti-Corruption Academy (IACA). No official endorsement or acceptance is implied with regard to the legal status of any country, territory, city, or any area or its authorities, or with regard to the delimitation of frontiers or boundaries. This map was produced to the best of common knowledge. 29

16 International Anti-Corruption Academy IACSA 2013 IACA is an international organization which aims to substantially contribute to the fight against corruption. Through education, research and cooperation, it strives to address shortcomings in knowledge and practice and empower professionals. It also provides support and technical assistance for states, organizations, corporations, and other stakeholders, and engages in structural reform. The Academy offers a range of standardized programmes, trainings, and seminars, and launched the world s first Master in Anti-Corruption Studies programme last year. Tailor-made trainings, adapted to the needs of a specific organization, company or group of individuals, also form part of IACA s curriculum, and are designed upon request. Moreover, the institution provides platforms for dialogue and networking and engages in think-tank and benchmarking activities. In all its work, IACA pursues a holistic approach, which is: International observing regional diversity and servicing all corners of the globe Inter-disciplinary providing know-how and expertise from various academic and non-academic fields Inter-sectoral catering to all sectors of society Integrative bridging the gap between theory and practice by offering theoretical and practical knowledge and tools Sustainable striving towards long-term and long-lasting solutions IACA is an international organization as of 8 March Originally, it was initiated by the United Nations Office on Drugs and Crime (UNODC), the European Anti- Fraud Office (OLAF), the Republic of Austria, and other stakeholders. To date, it has close to 70 Members, and holds observer status with the UN Social and Economic Council (ECOSOC) and the Council of Europe s Group of States against Corruption (GRECO). IACA cooperates with a number of international bodies and academic institutions in an effort to strengthen the global anti-corruption cause. In providing education, training and research, IACA draws on an unwavering drive towards excellence, a spirit of innovation, and a commitment to rendering itself accessible to participants from each corner of the globe. The Academy is situated in Laxenburg, a small town neighbouring Vienna. Once upon a time, Laxenburg had been frequented by the Austrian imperial court and served as a summer residence for its generations. Today, it offers a reminiscing glimpse of this era. The old imperial castle, parts of it dating back to the 13th century, and its vast gardens and picturesque lake characterize Laxenburg. The town is also witness to a number of palaces, the old railway station, and plenty of greenery for recreation and relaxation. The Academy is set in the 17th century Palace Kaunitz-Wittgenstein. Legend has it that Mozart s symphonies once echoed in its chambers. The historic building has passed through the hands of various nobles, served as a Soviet military hospital and residence after WWII, and hosted a convent before finally passing to IACA. In 2010, it was renovated by the government of Lower Austria and transformed into a modern facility, with its ancient charm preserved. Its location outside Vienna s metropolitan area creates the atmosphere of a campus, providing for a conducive and calm learning environment. Today, the campus is equipped with state-of-the art facilities. It hosts seminar rooms of various sizes, all equipped with interactive smart boards, computers, and much more. For larger lectures and events, the ceremonial hall provides ample space. The campus also has a lounge and bar area, resource centre, business centre, and vast park grounds. For programmes of a smaller size, lecturers and students can find accommodation in the apartments and rooms the building offers

17 Siemens Integrity Initiative IACSA 2013 The Siemens Integrity Initiative, which is part of the World Bank AG Siemens comprehensive settlement aims to support a mix of global, regional, and countryspecific projects of various sizes. In the face of the widespread and deep-rooted corruption problem that affects society in general, governments and their procuring entities and the private sector in equal measure, it seems highly unlikely that individual activities alone will be sufficient to bring about significant ethical changes and improve the transparency of business processes. Collective action enables corruption to be fought collectively, with various interest groups working together and building an alliance against corruption so that the problem can be approached and resolved from multiple angles. The ultimate aim of these joint efforts is to create fair and equal market conditions a level playing field for all market players, and to eliminate the temptations of corruption for all of them. Ideally, such action should involve competitors, authorities, non-governmental organizations (NGO), and other interest groups working jointly for the common good. It is also crucial to examine the anti-trust aspects in each individual case. The International Anti-Corruption Academy (IACA) is supported by the Siemens Integrity Initiative. In congruence with the international approach of IACA, students and participants from all parts of the world should have the possibility to study and work at the Academy. In order to keep tuition fees affordable and to allow for the attendance of students and participants who would otherwise not be able to, grants are provided. As all other contributions to IACA, the Siemens donation follows IACA s strict Policy on Contributions (see: Collective action promotes a fair competitive situation in which a transparent process exclusively based on market economic criteria such as quality, price, innovation, and service ensures that the contract is awarded to the best bidder. It prevents competition from being distorted and destroyed by corruption, and ensures that companies acting honestly and morally are not disadvantaged. The available methods range from integrity pacts for individual procurement transactions to industry-specific codes of conduct and compliance pacts. Furthermore, it promotes joint measures to be implemented as part of a long-term initiative to raise a country s public awareness and tighten up its regulatory system and procurement guidelines

18 International Anti-Corruption Summer Academy IACSA 2013 CONTACT INFORMATION For further information about IACSA, please refer to our website, or write to Visit us on Facebook: IMPRINT Publisher and Layout: International Anti-Corruption Academy (IACA), Muenchendorfer Str. 2, 2361 Laxenburg/Austria. Print: Federal Ministry of Defence and Sports / Armed Forces Printing Centre, Vienna/Austria. BMLVS / HDruckZ 0000/13 Editorial Deadline: 29 May 2013 Information is subject to change Laxenburg, 2013 Printed according to the Austrian Ecolabel for printed matter, Austrian Federal Ministry of Defence and Sports/ Armed Forces Printing Centre, UW-Nr