UNITED NATIONS NATIONS UNIES OFFICE FOR DRUG CONTROL AND CRIME PRÉVENTION * * * CENTRE FOR INTERNATIONAL CRIME PREVENTION REVISED PROJECT DOCUMENT Number: FS/BEN/00/R08 Title: Elaboration of an anti-corruption strategy in Benin Crime prevention sector: Global Programme against Corruption Duration: 18 months Project site: Cotonou, Benin Executing agency: Centre for International Crime Prevention (CICP) Associate executing agency: United Nations Office for Project Services (UNOPS) Cooperating agency: United Nations Interregional Crime and Justice Research Institute (UNICRI) Government counterpart: Ministry of Justice Estimated starting date: 15 November 2000 Government contribution: in kind Total budget: US$ 196,200 Project summary: This project, which is being carried out under the framework of CICP global anti-corruption programme, aims at strengthening the awareness in the Government authorities and the society at large of the nature and impact of corrupt practices in Benin, and at increasing the ability of national institutions to combat such practices. The project will be carried out in close cooperation with the Government, national administrative institutions, international bodies and nongovernmental organizations working in this field. This project document foresees a first phase, in which a country assessment (rapid evaluation) will be conducted to analyse (i) the types, levels, location, causes, effects, cost and remedies of corruption, (ii) the existing legislative instruments, (iii) strengths and weaknesses of anti-corruption institutions, (iv) existing anti-corruption policies, measures and instruments currently being applied, and (v) priority areas where action is needed. In addition, an independent national integrity steering committee (NISC) will be appointed with the mandate of overseeing the development and implementation of a national integrity strategy. A National Integrity Meeting will be organised by the NISC with broad participation of all stakeholders. It will result in the design of the National Integrity Strategy and an Anti-Corruption Action Plan. Finally, an anti-corruption legislative instrument will be prepared and the foundations laid for an inter-ministerial anti-corruption unit. Initial steps will be taken to facilitate the development of a second phase project. Subject to the availability of funds, a second phase will implement selected activities focussed on the criminal justice system, in accordance with the National Integrity Strategy and the Anti-corruption Action Plan proposed by the National Integrity Meeting, recommended by the NISC and endorsed by the Government. Signature: Name/Title: Date: The Government Joseph H. Gnonlonfoun Ministre de la Justice 30 octobre 2000 of Benin ODCCP Pino Arlacchi Executive Director 27 October 2000
- 2 - A. CONTEXT 1.Corruption situation in Benin, the legal framework and Government s policies and strategies. In recent years corruption, or the misuse of public powers for private gain, has come to be seen as a serious obstacle to democratic governance, economic development, and even national and international stability. Since 1994 the world has witnessed an unprecedented increase in awareness raising by governments and international agencies regarding the negative effects of corruption. For this reason, there is now increased interest and need for effective policies and measures which reduce and prevent corruption. What has been presented by economists as the crime without victims and an acceptable means of improving efficiency and effectiveness ( greasing the wheels ) is now seen as contributing directly to making the poorest poorer still, and sand-bagging the wheels of development and justice. Surveys conducted in Latin America and Africa in the late 1990s found that people bribing public servants were less satisfied with the service delivery, especially if they were poor, uneducated and/or old. It is impossible to list all the cases of corruption that have arisen in Benin in both public and private life. What emerges clearly, however, is that more and more cases are being documented and published evidencing corrupt practices in public life. Citizens more often encounter corrupt acts committed in such government administrations as customs, treasury, police and other authorities. And because they suffer from the general deficiency in the administrative services, citizens are often unable to withstand the demands of corrupt public servants. Numerous steps have been taken in Benin, particularly since 1990, to fight corruption and bribery. A genuine coalition has been formed between the executive, the judiciary and civil society to react against corruption. In December 1996 a committee to develop an ethical approach in the public sector was set up, entitled the Cell for Morality in Public Life (CMVP) and placed under the direct authority of the President of the Republic. Its aim is to educate the public, to prevent and detect corrupt practices and, more generally, to combat all forms of corruption. Its main goals are to formulate and implement anti-corruption strategies, to monitor the effective application of the decisions and regulations arising from these strategies and, lastly, to advise the Executive on the most effective measures to raise moral standards. This CMVP has begun to work within the administration and has had some results, notably within the customs administration. It has also launched several information campaigns to raise public awareness about corruption. The next important step in the process was the establishment, in March 1998, of the National Forum for Mobilizing Civil Society against Corruption. More recently, at the sub-regional conference of the West African Economic and Monetary Union (WAEMU) on transparency in managing public finances, held at Cotonou in February 1999, it was pointed out that Benin must improve and apply its anti-corruption legislation, overhaul the organization of government administration, and strengthen its oversight structures. It was also stressed that, because of the lack of human and material resources in the administration of funds, fraud has increased and that lack of control is one of the major reasons for the development of corrupt practices. Following the conference s recommendations, CMVP drafted a code of conduct for public contracts, which entered into force by presidential decree of 22 June 1999.
- 3-2. Prior and ongoing cooperation Thanks to studies by the World Bank Institute on the control of corruption and the improvement of governance, some priorities have already been identified, including the strengthening of political will, improved application of the law, the raising of awareness in the criminal justice system, and the need to reform and depoliticize the public sector and to strengthen further the awareness of all citizens through education and communication. The public awareness of corruption in Benin has been reinforced by two important national seminars held in January and November 1997 in cooperation with the World Bank, Transparency International and bilateral partners including Switzerland and Denmark. Among the measures currently being carried out, is the Government s agreement with the World Bank in August 1999 to formulate an anti-corruption strategy in Benin. Since then, a team from the World Bank and IMF has been collaborating and has suggested that the Council of Ministers should adopt a decree on the establishment of an ad hoc committee on the issue. The aim of this committee would be to identify and include all the other relevant measures or projects in a single global strategy. The present project proposal of the United Nations Centre for International Crime Prevention (CICP), which focuses on legal aspects and institution-building in the criminal justice system, might result in synergies being formed with the programmes of other partners and be included in the national strategy. 1. Problem to be addressed B. JUSTIFICATION There is a growing concern throughout the Government and civil society of Benin regarding the increase and sophistication of corruption and the resulting consequences such an increase has on national security and economic development. Although a consensus to fight corruption exists in Benin, previous and current measures have not fully attained the goals sought. This is partly a result of insufficient resources and expertise to equip and train national governmental institutions to fight corruption and build integrity. In addition, the country is experiencing a difficult period of socio-economic and political development. More efforts are required to adopt new anti-corruption policies and measures under a comprehensive integrated national integrity strategy and anti-corruption action plan in order to achieve fuller and more effective results. Therefore, the Government is seeking assistance from the international community to supplement its own human and financial resources allocated for the purpose of improving national integrity and reducing corruption. 2. Expected end of project situation To achieve the project objectives, the country should establish a national anti-corruption strategy tailored to its specific needs. Specifically, the following initiatives are expected by the completion of the project: $ The preparation of a comprehensive Country Assessment of corruption which provides an inventory of existing anti-corruption policies, measures, instruments and institutions combating corruption including the media, judiciary, government, parliament and the civil society. $ The drafting of a National Integrity Strategy and Anti-Corruption Action Plan based on the conclusions of a broad based group of stakeholders (including representatives from the government, civil society, media, private sector, parliament, religious organisations and judiciary) attending the National Integrity Workshop.
- 4 - $ The development of a national anti-corruption law for adoption by the Parliament. This first phase project will end with the formulation of an anti-corruption strategy and the broad based agreement for a holistic anti-corruption action plan. The implementation of this strategy will then occur in subsequent project phases. Adoption of the anti-corruption law and the plan of action will condition the preparation of the project document for the next stages. 3. Intended beneficiaries (i) (ii) (iii) (iv) The immediate beneficiaries of the project will be the: National authorities responsible for planning and implementing national anti-corruption programmes; National research community responsible for regular monitoring and preparation of policy-oriented reports and recommendations; National companies and public procurement agencies related to tenders for the procurement of public sector contracts; and International companies and organizations involved in commercial transactions in the country. Further beneficiaries will be the entire Government structure, through an improved planning and policy making capacity against corruption, and the Benin citizens, as the recipients of high-quality and effective services offered by governmental agencies or private sector contractors through transparent and accountable bidding procedures. 4. Project strategy, execution and implementation arrangements The aim of this project is to formulate a complete and comprehensive national integrity strategy and anticorruption action plan, organized in successive phases, bringing together a number of initiatives and activities to be implemented. The strategy aims to build integrity to prevent corruption (e.g. through public education and awareness raising) and to strengthen law enforcement thereby increasing the risk, cost and uncertainty for public officials who misuse their public office for private gain (e.g. through the implementation of laws and specific measures). Reaffirming the principles of integrity will have a preventive effect and can be replicated throughout the entire government service. It is important that the rules of transparency and integrity are promoted, no matter which governmental agency is involved, by the effective use of an ethical code emphasizing a greater sense of responsibility on the part of the public servant in the performance of his duties and in the transparency of such performance. Moreover, drawing the public s attention to the impact that corruption has on the economy and democratic foundations of the State will help motivate public action throughout the community. Lastly, with regard to the application of laws and the punishment of corruption, it will be necessary to set up a legal unit which, without being amalgamated with existing units, will have the task of taking specific action against corruption and the illicit acquisition of wealth, with an appropriate legislative framework at its disposal. A full programme requiring the implementation of measures designed specifically for Benin and tailored to its specific needs must involve all levels of society: not only the officials in charge of preventing and punishing corruption, and public servants, but also civil society in the broad sense of the term. The project will be carried out by the Ministry of Justice of Benin in cooperation with the Centre for International Crime Prevention and the United Nations Interregional Crime and Justice Research Institute.
- 5 - National and international research institutes, other relevant international organizations active in the field of corruption, such as the World Bank and Transparency International, and representatives of the private sector, both national and international, may also be associated with the implementation of the project activities. A National Integrity Steering Committee (NISC), composed of representatives of CICP/UNICRI, the Ministries of Justice, Interior and Foreign Affairs, the Cell for Morality in Public Life (CMPL), relevant academic institutions, non-governmental organizations, and national and international private companies, will meet on a monthly basis to monitor the development of the project activities. The duration of the project is 18 months. In-kind contributions will be made by the government of Benin. The project will be executed by ODCCP/CICP, which will provide adequate financial contributions as indicated in the attached budget table and expertise, advisory and technical services as required for the execution of the project. UNICRI will cooperate in the execution and overall coordination of research/assessment related project activities. UNICRI was chosen in view of its specific expertise, its mandate and its role as research arm of the CICP Global Programme. UNOPS will be responsible for providing local administrative support for the execution of the project. It will charge 7.5% support costs to the project for the services provided. 5. Reasons for assistance by CICP The principle of providing technical assistance to requesting States to improve, in particular, their ability to combat corruption has been supported and stressed at the various sessions of the competent decision-making bodies of the United Nations (the Commission on Crime Prevention and Criminal Justice, the Economic and Social Council and the General Assembly). The Centre will provide the services of its officials and international experts in cooperation with the other organizations working in the same field and other Member States wishing to take part in the project, within their respective fields of technical competence. 6. Counterpart support capacity Government institutions cooperating on the project, particularly the Ministry of Justice, have the required technical capacity to provide necessary Government inputs to the respective project elements. Institutions involved also have the necessary ability to plan, monitor and coordinate activities in the context of the project. The establishment of the Steering Committee will play a key role in this respect. The present Government policy orientation can be expected to ensure that the project=s accomplishments can be sustained.
- 6 - C. MAIN OBJECTIVE To promote the country s development by limiting the impact of corruption through the establishment of a national anti-corruption strategy geared to the specific needs of Benin. D. IMMEDIATE AIMS, EXPECTED RESULTS AND ACTIVITIES D.1 Immediate objective 1 To identify, through a Country Assessment, the scope of corruption in the country, the existing legislative instruments and other anti-corruption policies, measures and instruments, and to identify the corruption-related criminal activities that should be tackled as a priority. Output 1.1 A full inventory of existing anti-corruption policies, measures and instruments for combating corruption. Activity 1.1.1 Gathering and analyzing data on existing anti-corruption legislation and on strategies and measures resulting in a better general awareness of corruption in Benin and a better understanding of national conditions as perceived by civil society. Activity 1.1.2 Case studies and group discussions with the major protagonists and studies conducted among the staff of the criminal justice system and the population. Activity 1.1.3 Establishment of a Research and Analysis Bureau composed of UNICRI representatives, national partners and external consultants, responsible for data collection, processing and analysis of: all the national and international reports, studies and analyses on corruption in Benin; the information available on prevention of, research on, and proceedings against corrupt acts in the country; legal statistics; the state of media coverage of corrupt acts at the national level; the importance attached to the subject of combating corruption in the latest electoral campaigns; the most important cases of corruption (including specific examples; see activity 1.2) in the administrative, financial and commercial fields. Activity 1.1.4 Execution of three specific case studies, including one to be chosen from recent surveys by CMPL, with a view to publication.
- 7 - Activity 1.1.5 Organization of seven group meetings, one with businessmen, one with donors, two with officials and three with representatives of civil society (each of the three meetings will bring together citizens from each geographic zone, i.e. the two northern, the two central, and the two southern départements). Input 1.1 1.1.1 The Government will make available to the Research and Analysis Bureau: - All the existing legal instruments dealing with the fight against corruption and documents relating to strategies and countermeasures; - All available information on previous studies, reports, surveys etc. dealing with corruption; - Criminal statistics and various cases before the courts chosen for their special interest; - National staff appointed to carry out research and studies in collaboration with staff and consultant(s) of the United Nations. 1.1.2 UNICRI will appoint one person to direct the research and analysis, provide the Bureau with the international data available on the corruption scene in the country and the region, take part in actual case studies and identify an independent institute or a university to take part in the analysis in order to ensure objectivity and greater impartiality in the evaluation. 1.1.3 CICP will provide advisory services through an international expert for a duration of three months. D.2 Immediate objective 2 Definition of a national integrity strategy and anti-corruption action plan through a broad national consultation process involving all key actors/stakeholders engaged in the task (i.e. the executive, the legislature, including the opposition in Parliament, the judiciary, NGOs, the private sector, the trade unions, the media, regional representatives, youth representatives, etc.). Output 2.1 Adoption of the conclusions of the National Meeting regarding the National Integrity Strategy to be drawn up in the form of an Anti-Corruption Action Plan. Activity 2.1.1 Producing the following eight discussion papers to facilitate the discussion at the National Integrity Meeting: (a) (b) Access to information; The impact and cost of corruption;
- 8 - (c) (d) (e) (f) (g) (h) The role of the Mediator; The declaration and verification of personal assets; Codes of conduct; The role of civil society and how to strengthen it; Presentation of specific cases; Investigations into corruption. Activity 2.1.2 Preparing the meeting itself: defining the concept and training local facilitators. Activity 2.1.3 Holding the National Integrity Meeting in Cotonou (200 participants representing all key stakeholder groups) resulting in a consensus around the National Integrity Strategy and broad-based support for the Anti- Corruption Action Plan. Activity 2.1.4 Design of the National Integrity Strategy and Anti-Corruption Action Plan and the implementation of initial follow-up activities to facilitate the development of the second phase of the project. (See Annex). Inputs 2.1 2.1.1 The Government will assist in organizing the event by establishing an independent organizing committee, the National Integrity Steering Committee (NISC), which will oversee the country assessment, the national integrity meeting and the implementation of the Integrity Strategy and Anti-Corruption Action Plan. The NISC will meet on a monthly basis, will designate its contributors and national experts, and will cooperate with CICP experts in selecting facilitators. 2.1.2 CICP will produce the discussion papers listed above in the paragraph headed AActivity 2.1.1@. It will provide an expert, who will act as an adviser to the organizing committee in defining the concept of the Meeting; in cooperation with government representatives, it will undertake the selection and training of national facilitators (one mission of five days for one member of CICP or an external expert). 2.1.3 CICP will assist the NISC in the organization the National Integrity Meeting, and in the preparation and publishing of its conclusions in a comprehensive meeting report. 2.1.4 CICP will prepare an additional plan of activities based on the outcomes of the meeting to facilitate the development of the second phase of the project.
- 9 - Output 2.2 An independent National Integrity Steering Committee to oversee the preparation, implementation and monitoring of the National Integrity Strategy and Anti-corruption Action Plan is established. Activity 2.2.1 Endorsement by the Government of the establishment of an independent National Integrity Steering Committee and definition of its mandate and role. Activity 2.2.2 Training of members of the National Integrity Steering Committee. Inputs 2.2 Input 2.2.1 The Government, together with the key stakeholders, will identify persons of high integrity representing the civil society, Government, private sector, legislative bodies and judiciary to be appointed members of the National Integrity Steering Committee. Input 2.2.2 CICP will send one staff to Cotonou for four days to work with the National Integrity Steering Committee and to provide training to its members. D.3 Immediate objective 3 Output 3.1 To strengthen the ability of the legislative system in Benin to combat all categories of corruption. Introduction to Parliament and eventual promulgation of a national anti-corruption law to allow the indictment, prosecution and punishment of all corruption-related offences and to improve the ability of the legislature in overseeing the Executive through Parliament s increased awareness of its active role in combating corruption. Activity 3.1.1 Organization of a working group under the direction of the Ministry of Justice, with the collaboration of the ministry responsible for administrative reform, the parliamentary committees concerned and, if necessary, other bodies to be decided upon. Activity 3.1.2 Organization of a workshop for this working group to evaluate legal requirements, possibilities for procedure and implementation by the legislature.
- 10 - Activity 3.1.3 Drafting a new legal instrument in the form of a national anti-corruption law based on the model law developed by CICP. Inputs 3.1 3.1.1 The CICP consultant will assist the Government in the establishment of the working group which will be responsible for drafting the law, supported by the Research and Analysis Bureau. Various other national entities such as the parliamentary committee(s) and the national offices of the International Chamber of Commerce and of the Benin chapter of Transparency International, etc. can usefully be associated with the working group. 3.1.2 The CICP consultant will assist the Government in the organization and conduct of the workshop. 3.1.3 The CICP staff will provide a model law and commentary, he/she will also participate in the working group and help in drafting the new national anti-corruption law (two missions of one CICP member for five days each). E. PROJECT RISKS Major factors that might minimize the project risks are: (i) The firm political resolve displayed by the Benin Government, and particularly by the President of the Republic ; (ii) The many initiatives that have been taken in recent years and the very encouraging initial results obtained; as well as (iii) The dynamism of the institutions responsible for implementing reforms of the judicial system which were necessary in order to effectively combat phenomena related to economic crime and corruption. The economic and social situation of Benin in conjunction with the conditions for good governance being imposed by development aid institutions and by international investors have prompted the country to proceed with legislative and judicial reform. The process of increasing integrity in economic and administrative life is already under way in Benin. However, even more effort is required, particularly a radical transformation of the relationship between the institutional actors and civil society. The Government is currently enjoying public support because of its determination to tackle the problems hindering development. In recent months, prosecutions and proceedings have been undertaken against a number of senior officials convicted of corruption. These are precise indications of the desire for change which justify cautious optimism on the part of observers.
- 11 - F. PRIOR OBLIGATIONS AND PREREQUISITS The Government of Benin shall nominate its Ministry of Justice as Government counterpart agency to provide one national mission co-ordinator responsible for the contacts between the Benin Government and CICP conserning the implementation of this project. The Governments will facilitate all expert, technical and monitoring missions to be undertaken in the context of this project and will ensure the missions access to project sites, relevant crime control data, records, agencies and authorities. The terms and arrangements for such missions will be mutually agreed upon. The Government will provide all related inputs specified under item D of this project document. G. PROJECT REVIEW, REPORTING AND EVALUATION The project will be constantly monitored during its implementation by ODCCP/CICP and UNOPS. The Government will facilitate review missions by ODCCP/CICP, as requested. The terms of reference, duration and purpose of any mission will be agreed upon with the Government prior to fielding an evaluation team. CICP will prepare and submit bi-annual and final Progress Performance Evaluation Reports (PPER) evaluating the actual impact of the project, in particular: $ Activities of the institutions established; $ Training provided; $ Progress achieved in adapting legislation to international standards and rules; $ Implementation of other project activities and outputs; $ Six-monthly evaluation reports to be issued according to the outputs envisaged in the project; and $ Financial monitoring records of expenditures. Reports can also propose additional areas of assistance required, as identified during the project implementation. These reports will be reviewed at the annual and final Tripartite Review Meetings among the Government, CICP/ODCCP and other parties directly engaged in the execution/implementation of the project. After the completion of Phase 1, CICP will prepare and submit an evaluation report on the impact of the project, listing which areas of reform and training should be continued. This report and the conclusions of the National Integrity Meeting would be a basis for the preparation of a new meeting with the stakeholders, if possible before the first phase ends. During this meeting, objectives and activities to be implemented in the second phase would be presented. The project is subject to examination/audit by the United Nations Board of Auditors. ODCCP will coordinate with the Cooperating agency to facilitate such audits and to follow up on the implementation of agreed audit recommendations.
- 12 - H. LEGAL CONTEXT H.1 General legal framework This description of the project shall be the legal instrument contemplated in article 1 of the Basic Assistance Agreement concluded between the Government of Benin and the United Nations Development Programme. All the articles shall apply mutatis mutandis to this agreement. The project shall be signed by the parties indicated on the cover page. The assistance envisaged by the project shall only be provided if this condition has been satisfied. The implementation of the activities by CICP/ODCCP under this project is each year, subject to the availability of adequate funding. Available funds will be committed through an annual budget allocation based on annually costed work-plan. Should required funding not be available, CICP/ODCCP reserves the right to unilaterally terminate its assistance under the project. The project document may be modified by written agreement between the parties concerned. Any relevant matter for which no provision is made in the project document shall be settled by the parties concerned in accordance with relevant resolutions and decisions of the appropriate bodies of the United Nations. H.2 Compensation clause In the absence of gross negligence or wilful misconduct on the part of ODCCP/CICP or its officials, no compensation is payable by ODCCP/CICP to officials, consultants or other persons employed by a United Nations body, the Government of a State or a non-governmental organisation participating in the project for the execution of the present project, funded by ODCCP/CICP, in the event of death or disability as a result of an accident or an illness attributable to the exercise of their official functions. No application for reimbursement for compensation payable in such cases may be made to the Secretariat of the United Nations (ODCCP/CICP), by a United Nations body, the Government or the non-governmental organisation in question, who confirm, by signing the present document, that the necessary provisions have been adopted to cover such eventualities and that they will apply to all persons employed by the Secretariat of the United Nations (ODCCP/CICP), the Government or the non-governmental organisation in respect of the activities of the present project, funded by ODCCP/CICP. H.3 Arbitration Any decisions regarding the implementation of the project should be undertaken in consensus with the Government, UNOPS and ODCCP/CICP. Any dispute arising out of the project between the Government and ODCCP/CICP shall, if not resolved, by negotiation, be submitted to arbitration in Vienna. A sole arbitrator, selected by mutual agreement of the Parties, shall preside over the proceedings. If within sixty days of the request for arbitration the Parties have not reached agreement on the sole arbitrator, either party may request the President of the International Court of Justice to appoint the arbitrator. The procedure of the arbitration shall be fixed by the arbitrator and the expenses of the arbitration shall be borne by the parties as assessed by the arbitrator. The selection of Vienna as the place of the arbitration is made solely for the convenience of the parties and should not be deemed by the tribunal as dispositive in determining the applicable law. The arbitral award shall contain a statement of the reasons on which it is based and shall be accepted by the Parties as the final adjudication of the dispute. Any differences or disputes between CICP and UNOPS shall be resolved by negotiation, with both
- 13 - parties giving full and sympathetic consideration to proposals advanced by the other party. Any difference or dispute not resolved may be referred to the Secretary-General for resolution. H.4 General provisions Any revisions which may subsequently be made to the project with the consent of the UNOPS and ODCCP/CICP, and provided that they ensure that the other signatories to the project raise no objection, are as follows: $ Revisions or additions of annexes to the present project description; $ Revisions which do not involve any significant change in the immediate objectives, expected results or activities of the project, because of readjustments of the inputs initially envisaged or by an increase in the costs due to inflation; and $ Mandatory annual revisions amending the inputs or responsibilities initially accepted, or taking into account an increase in the remuneration of experts, additional costs due to inflation, or changes in the agency expenses.