anti corruption commissions - shareweb
TRANSCRIPT
Microsoft PowerPoint - Bern ACAs session_ Sofie
SchuetteStreet credentials
Topics of this session
• Roles and functions of ACAs • Global principles and review mechanisms • Donor support: opportunities and limitations
Roles and functions of ACCs
Anticorruption 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 multifaceted approach of prevention, investigation and education (Klemencic et al 2007).
A separate, permanent government agency whose primary function is to provide centralized leadership in core areas of anticorruption activity (Meagher and Voland 2006).
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 anticorruption efforts across
agencies (adapted from Meagher and Voland 2006)
Typical functions
• 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. Mandate
• 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.
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
Staff • 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)
Resources
• 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
Accountability
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
Review and Measurement?
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
Donor support: Opportunities and limitations
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)
Limitations (DO NOTs)
• Unmeasurable support • Public awareness raising campaigns
• “Feast or famine” • more funding than the organization can absorb
Risks that come with supporting ACCs
• Providing legitimacy for windowdressing
• Abuse of power • Witch hunts, targeting
opposition • Drain of resources for more
general governance reform • Increasing perception of
corruption
Opportunities (DOs) • Realistic capacity assessment (see UNDP Guide) • Invest in strengthening backoffice 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!
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 followup of corruption case.
“…a judge, court, tribunal, or division of an existing court that specializes substantially (though not necessarily exclusively) in corruption cases.”
Further resources
• https://www.acauthorities.org/ (World Bank) • http://successfulsocieties.princeton.edu/taxonomy/t erm/13055/allpublications (Princeton University Innovations for Successful Societies)
Topics of this session
• Roles and functions of ACAs • Global principles and review mechanisms • Donor support: opportunities and limitations
Roles and functions of ACCs
Anticorruption 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 multifaceted approach of prevention, investigation and education (Klemencic et al 2007).
A separate, permanent government agency whose primary function is to provide centralized leadership in core areas of anticorruption activity (Meagher and Voland 2006).
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 anticorruption efforts across
agencies (adapted from Meagher and Voland 2006)
Typical functions
• 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. Mandate
• 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.
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
Staff • 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)
Resources
• 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
Accountability
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
Review and Measurement?
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
Donor support: Opportunities and limitations
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)
Limitations (DO NOTs)
• Unmeasurable support • Public awareness raising campaigns
• “Feast or famine” • more funding than the organization can absorb
Risks that come with supporting ACCs
• Providing legitimacy for windowdressing
• Abuse of power • Witch hunts, targeting
opposition • Drain of resources for more
general governance reform • Increasing perception of
corruption
Opportunities (DOs) • Realistic capacity assessment (see UNDP Guide) • Invest in strengthening backoffice 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!
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 followup of corruption case.
“…a judge, court, tribunal, or division of an existing court that specializes substantially (though not necessarily exclusively) in corruption cases.”
Further resources
• https://www.acauthorities.org/ (World Bank) • http://successfulsocieties.princeton.edu/taxonomy/t erm/13055/allpublications (Princeton University Innovations for Successful Societies)