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Page 1: REPORT OF THE - DPR_23-24_Oktober_2013_di_… · report of the southeast asian parliamentarians against corruption (seapac) general assembly 23 – 24 october 2013 medan – north
Page 2: REPORT OF THE - DPR_23-24_Oktober_2013_di_… · report of the southeast asian parliamentarians against corruption (seapac) general assembly 23 – 24 october 2013 medan – north

REPORT OF THE SOUTHEAST ASIAN PARLIAMENTARIANS AGAINST CORRUPTION

( S E A P A C ) GENERAL ASSEMBLY

23 – 24 OCTOBER 2013MEDAN – NORTH SUMATERA

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i23–24 OCTOBER 2013, MEDAN – NORTH SUMATERA

FOREWORDS

Fellow parliamentarians, Members of SEAPAC,

I have the honor to submit the report of this year General Assembly of the South East Asian Parliamentarians Against Corruption (SEAPAC), which was held in Medan-South Sumatera on the 23rd to 24th October 2013. Hosting a momentous event such as this year General Assembly of SEAPAC is indeed a proud moment for us, the House of Representatives of the Republic of Indonesia. The General Assembly, nevertheless, took place at a very opportune time. It was held at a time where there are an increasing need for effective implementation of good governance and awareness of people towards the fundamental impact of corruption. It was also held at the time where ASEAN is on the brink to embrace regionalism through the establishment of ASEAN Community. A community, which shall be established upon the foundation of good governance, transparency, mutual respect and democracy.

Needless to say, corruption is a regional and a global phenomenon, which occurs virtually in many societies in developed and developing countries. Its manifestations may differ according to level of economic development, democracy and rule of law. But its impact adversely affects many dimensions of society. In economic sphere, corruption jeopardizes the welfare of society and create disturbance to economic development. In political sphere, corruption undermines democracy and impedes the rule of law. The impact goes as further as disturbances to the legitimacy of public institutions and the fulfillment of human rights.

Recognizing that corruption is a complex phenomenon, the efforts to curb corruption shall naturally be a multi stakeholders approach involving all levels of society including parliamentarians. Parliamentarians should establish necessary legal frameworks to promote the transparency and accountability in public administration, organizations and society. The maximum implementation of the national constitutions and relevant legal mechanisms will support the parliamentarians' functions to oversee the government and to guarantee trust, credibility and authority of government in a modern and democratic society. In order to combat various iterations of corruption acts, parliamentarians are urged to intensify their international co-operation and to effectively implement international legal framework and instruments. Therefore, parliamentarians shall not overlook the international aspects of their works in dealing with corruption.

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iii23–24 OCTOBER 2013, MEDAN – NORTH SUMATERA

C O N T E N T

1. Report of the SEAPAC General Assembly

2. Medan Declaration

3. Action Plan

4. Constitution of the SEAPAC

5. Report of GOPAC Indonesian National Chapter

6. Program of the SEAPAC General Assembly

7. List of Participants

8. Remarksa. H.E. Dr. Marzuki Alie, Speaker of the House of Representatives of the Republic of

Indonesia and President of SEAPACb. H.E. Dr. Pramono Anung Wibowo, Vice Speaker of the House of Representatives of

the Republic of Indonesia and Chair of the GOPAC Indonesian National Chapterc. Mr. Deny Indrayana, Vice Minister on behalf Minister of Justice and Human Rightsd. Mr. John Hyde, Member of GOPAC Board of Directors

9. Presentation “Political Patronage & Its Impact on Corruption (A Cross National Perspective on Anti-corruption Mechanism)a. Mr. Matthew F. Benson Lidhlom, GOPAC Oceanab. Mr. Ali Al Ansi, MP, ARPAC (Arab Region)

10. Presentation “Gender, Culture, and Corruption - Is Corruption a Culture and Sexist? How Gender Alters Corrupt Behavior?”a. Hon. Dr. Nurhayati Ali Assegaf, MP, President of the IPU Coordinating Committee

of Women Parliamentarians, Chair of GOPAC Participation of Society Global Task Force

b. Datin Paduka Intan Kassim, Chair of ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC)

c. Mr. Giri Suprapdiono, Gratification Director of the Corruption Eradication Commission

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iv REPORT OF THE SEAPAC GENERAL ASSEMBLY

11. Presentation “Mobilising People: Connecting Agents of Change”a. Hon. Mrs. Eva Kusuma Sundari, MP, Member of the House of Representatives of the

Republic of Indonesia and Member of the GOPAC Parliamentary Oversight Global Task Force

b. Mrs. Natalia Soebagjo, Chair of Executive Board of Transparency International Indonesia

c. Mr. Kornelius Purba, Managing Editor at Jakarta Post

12. Presentation “Restoring Public Trust: Integrity in Electoral System Political Party Accountability”a. H.E. Dr. Pramono Anung Wibowo, Vice Speaker of the House of Representatives of

the Republic of Indonesia and Chair of the GOPAC Indonesian National Chapterb. Hon. Prakob Chirakiti, MP, Member of the House of Representatives of the Thai

National Assemblyc. H.E. Tan Sri Abu Zahar Ujang, President of Senate Malaysiad. Mr. Andrew Ellis, Director IIDEA for the Asia and Pacific

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REPORT OF THE SOUTHEAST ASIAN PARLIAMENTARIANS AGAINST CORRUPTION (SEAPAC) GENERAL ASSEMBLY23–24 OCTOBER 2013, MEDAN – NORTH SUMATERA

INTRODUCTION

The General Assembly of SEAPAC was inaugurated on the 23rd of October 2013 and attended by the following parliamentarians:

Brunei Darussalam: 1. Hon. Dato Abd. Salam Momin, MP (HOD) 2. Hon.HajiMohd.ShafieeAhmad,MP3. Hon. Haji Ramli Haji Lahit, MP

Cambodia: 1. Hon. Mr. Sok Ey San, MP (HOD)2. Hon. Mr. Men Kaun, MP

Indonesia1. H.E. Dr. H. Marzuki Alie (Speaker/ HOD)2. H.E. Dr. Pramono Anung Wibowo (Vice Speaker)3. H.E. Mohamad Sohibul Iman, Ph.D. (Vice Speaker)4. Hon. Dr. Surahman Hidayat, MP 5. Hon. Mr. Andi Anzhar Cakra Wijaya, MP6. Hon. Dr. Nurhayati Ali Assegaf, MP7. Hon.Dr.PieterC.ZulkifliSimaboea,MP8. Hon. Mrs. Ida Ria Simamora, MP9. Hon. Dr. (HC) Siswono Yudohusodo, MP10. Hon. Dr. Azis Syamsudin, MP11. Hon. Mr. Dodi Reza Alex Noerdin, MP12. Hon.Ms.MeutyaViadaHafid,MP13. Hon. Mr. Daniel Lumbantobing, MP14. Hon. Mrs. Eva Kusuma Sundari, MP15. Hon. Mr. Muhammad Najib, MP16. Hon. Mr. Sarifuddin Sudding, MP

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2 REPORT OF THE SEAPAC GENERAL ASSEMBLY

Lao PDR1. Hon. Dr. Bounpone Sisoulath, MP (HOD)

Malaysia1. H.E. Mr. Tan Sri Abu Zahar Ujang (President of Senate/HOD)2. Hon. Mr. Datuk Kadzim M. Yahya, MP3. Hon. Mr. Datuk Subramaniam Veruthasalam, MP4. Hon. Mr. Dato Boon Som Inong, MP5. Hon. Mrs. Datuk Hajah Noriah Mahat, MP6. Hon. Mrs. Datuk Raja Ropiaah R. Abdullah, MP

Thailand1. H.E. Mr. Suracahai Liengboonlertchai (First Vice President of the Senate/HOD)2. Hon. Mr. Prakob Chirakiti, MP3. Hon. Ms. Theerarat Samrejvanich, MP4. Hon. Mr. Jetn Sirathranont, MP

Timor Leste1. H.E. Mr. Adérito Hugo da Costa (Vice President of the National Parliament/HOD)2. Hon. Ms. Izilda Soares Pereira da Luz, MP3. Hon. Ms. Virginia Ana Belo, MP4. Hon. Ms. Benvinda Catarina Rodrigues, MP5. Hon. Ms. Maria De Lurdes Martins Desousabessa, MP

It was also attended by representatives of international organisations, as follows:

GOPAC Board: Mr. John Hyde, MP ARPAC (Arab Region): Hon. Mr. Ali Al Ansi, MP (Yemen)GOPAC Oceania: Hon. Mr. Matthew F. Benson-Lidholm, MP (Australia)SAPAC (South Asia) Secretariat: Mr. Kedar Khadka (Nepal)GOPAC Secretariat: Ms. Ann Marie PaquetAIPA Secretariat: Mr. P.O. Ram (Secretary General)ACWC: Datin Paduka Intan KassimIIDEA: Mr. Andrew Ellis

INAUGURAL CEREMONY

The opening session started at 9.00 a.m.

H.E. Dr. Pramono Anung Wibowo, Chairman of Indonesian GOPAC National Chapter/Vice Speaker of the Indonesian House of Representatives in his welcome remarks highlighted that SEAPAC is an organization where parliamentarians should focus solely to combat corruption. Where parliamentarians find thatmorality, integrity, ethics, anti-corruption law, anti-moneylaunderinglaw,andgoodgovernancedialecticsmaybenefitfortheirfutureknowledge.

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323–24 OCTOBER 2013, MEDAN – NORTH SUMATERA

Hewasconfidencethatintheendofthemeeting,thenotionofastronganti-corruptionandgood governance regime will be translated into what is best for the people in South East Asia.

Full text of the remarks is attached as annex A

Prof. Denny Indrayana, Vice Minister of Justice and Human Rights delivered the remarks on behalfoftheMinisterofJusticeandHumanRights.Theremarksfocusedonthreethings:firstsharing experiences from policy lessons-learned and progress in corruption eradication in Indonesia; second, looking at Indonesian perspective in inter-states corruption eradication collaboration; and third, inputs for corruption eradication efforts in order to be more effective in Southeast Asia.

The Minister stated that in the war against corruption, the continuous role of SEAPAC will continue to be needed. He also mention that it is worth considering that SEAPAC and ASEAN in cooperation with AIPA (the ASEAN Inter-Parliamentary Assembly), can also develop some indicators of progress towards the eradication of corruption in the region.

Full text of the remarks is attached as annex B

Mr. John Hyde, MP, Member of GOPAC Board of Directors in his remarks highlighted the roleofparliamentariansinthefightagainstcorruption.HeprovidedsomesuccessstoriesofGOPAC works and why this approach should be considered in the post-2015 implementation agenda as well as how GOPAC can assist in promoting and monitoring the implementation of Goal 10 e).

He acknowledged that while GOPAC made great strides in working with legislators, there are some challenges. Despite the important role parliamentarians’ play, only few programs focus on developing their capacity in this area.

Full text of the remarks is attached as annex C

H.E. Dr. H. Marzuki Alie, President of SEAPAC/Speaker of the Indonesian House of Representatives delivered his opening remarks. In his remarks, the President of SEAPAC highlighted the ineluctable essential prerequisite in fighting against corruption, that is, themorality and integrity of the individual, including a parliamentarian. He was also extended his expectationthattheGeneralAssemblywillbeusedbytheMembersofSEAPACtoreaffirmtheir commitment by exchanging lessons learned and to produce a powerful declaration. The declaration based upon the awareness that power should be used only for the sake of establishment of righteousness and justice that bring goodness to the people.

Full text of the remarks is attached as annex D

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4 REPORT OF THE SEAPAC GENERAL ASSEMBLY

SESSION OF WEDNESDAY, 23RD OF OCTOBER 2013

FIRST SESSION

The first session of the SEAPAC General Assembly was presided by the President ofSEAPAC. The Chairman informed the Meeting that some of the countries in the Southeast Asia were not able to attend the meeting due to unexpected circumstances.

Nomination and Appointment of Vice Chairpersons and Rapporteur of the Assembly

Chair: H.E. Dr. H. Marzuki Alie, Chairman of SEAPAC/Speaker of the Indonesian House of Representatives

The Meeting agreed on the appointment of all parliament leaders who attended the meeting as Vice Chairpersons. The Meeting also agreed on the appointment of Hon. Dr. Surahman Hidayat, MP, the Chairperson of the Committee of Inter-parliamentary Cooperation of the Indonesian House of Representatives as Rapporteur.

Following the Nomination and Appointment of Vice Chairpersons and Rapporteur of the Assembly, the chairmanship of thefirst sessionwas handedover toH.E.Dr. PramonoAnung Wibowo, Chairman of Indonesian GOPAC National Chapter/Vice Speaker of the Indonesian House of Representatives.

SEAPAC Organizational Meeting

Chair: H.E. Dr. Pramono Anung Wibowo, Chairman of Indonesian GOPAC National Chapter/Vice Speaker of the Indonesian House of Representatives

The SEAPAC Organizational Meeting was opened at 10.44 am with the following agenda:

1. Introduction and induction of new SEAPAC members and election of the SEAPAC Executive Board and officers

The Chairman of the Meeting gave opportunity to the floor to introduce theirdelegations in alphabetical orders.

Following the introduction, the delegations who attended the Meeting was inducted into the Members of SEAPAC.

The session was also attended by representatives from the following organizations; ACWC, AIPA, ARPAC, GOPAC OCEANIA, SAPAC and IIDEA.

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523–24 OCTOBER 2013, MEDAN – NORTH SUMATERA

Pursuant to the Chapter Three Article 4 of the SEAPAC’s constitution of 2005 adopted in Manila, the Members of the General Assembly shall elect an Executive Committee composed of a President, Vice-President, a Secretary, a Treasurer and one member each from the countries represented in the SEAPAC.

During SEAPAC Meeting in Manila in February 2013, H.E. Dr. H. Marzuki Alie and H.E. Mr. Surachai Liengboonlertchai were elected as the President and Vice President of SEAPAC respectively.

For the position of Secretary and Treasurer, the Meeting agreed on the appointment of Hon. Dato’ Abdul Rahim A Rahman from Malaysia as Secretary and Hon. Maria Lurdes Martins de Sousa Bessa from Timor Leste as Treasurer.

The followings parliamentarians were appointed as country representatives to the SEAPAC:

Malaysia: Hon. Datuk Kamarudin JafarTimor Leste: Hon. Mr. Fransico Miranda BrancoIndonesia: Hon. Mr. Andi Anzhar Cakra Wijaya

For parliaments that already have national chapters but not represented in this Assembly, they are invited to propose a name at later stage.

2. Follow up of SEAPAC Action Plan

There were some recommendations and comments on the follow up of SEAPAC Action Plan.

Indonesia proposed the expansion of SEAPAC membership by exploring and inviting new members under the status of honorary members in line with SEAPAC Constitution.SEAPACshouldbeproactiveininvitingthesememberstogainbenefitin terms of knowledge, program, or budgetary support. A collaboration with other regional cooperation such as AIPA to intensify effort in combating the corruption is encouraged.

Appreciation was given by Indonesia for South East Asian countries that have established a national chapter in their countries and encouraged others to establish national chapter in their parliament. SEAPAC can provide an advocacy support on this matter.

The issue of funding and required resources as important factors to improve the performance of the SEAPAC was also raised by Indonesia. It was considered that adequate funds and resources would also affect the possibility of the establishment of permanent secretariat.

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6 REPORT OF THE SEAPAC GENERAL ASSEMBLY

Malaysia asked for a clarification on the SEAPAC funding contribution andcollection mechanism. It was agreed that the funding for SEAPAC will be in conformity to Chapter Four of the Constitution of SEAPAC that the sources of finance for SEAPAC shall include the following: (a) fund raising from internaland external sources; (b) donations and grants; (c) partnerships and agreements with funding organisations; (d) contributions, including those from governments, corporations and other businesses, international organisations, and individuals; and (e) self-generation through membership fees to be determined by members and annual subscription by national chapter.

3. Reports of National Chapters

MalaysiaMalaysia was looking forward to more active role of SEAPAC to extend more than those stated in the SEAPAC’s constitution. Moreover, SEAPAC works need to be properly organized. Malaysia has its own special agency on anti-corruption that can work together with the parliament to ensure the corruption eradication. Malaysia encourages countries in the region to work together in dealing with corruption issue.

Timor LesteIn 2013, Timor Leste Parliament approved a budget to establish and run the Timor Leste National Chapter Secretariat. Some agenda and ongoing program have been conducted such as attending various meeting regionally and globally as part of the GOPAC program.

GOPAC National Chapter Timor Leste has established a secretariat. The secretariat is located in the National Parliament Building and currently being equipped with office equipments. Once the Secretariat is fully established, theNational Chapter will prepare and release its own web-page.

The National Chapter is currently in the final stage of recruiting a Directorfor the secretariat. After this process has been done, the Chapter will continue with recruitment of a Program Manager and Treasurer.

GOPAC Timor Leste National Chapter continues to receive technical support from the Asia Foundation.

Further, a research on the state/condition of the countries corruption level is currently being conducted. The result of the research will be released in early November through a national conference. This is also a part of Timor Leste preparation to the GOPAC Fifth conference in Panama. In addition, some actions have also been initiated including some significant changes to the AntiMoney Laundering Law to comply with international and regional requirements, establishment of Financial Information Unit (FIU) and continuation of work on anti-corruption law.

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723–24 OCTOBER 2013, MEDAN – NORTH SUMATERA

IndonesiaIndonesia reported the establishment of the GOPAC Indonesia National Chapter Anti-Corruption Task Force on the 12th of December 2012 through the signing of the Declaration of the Establishment of the National Anti-Corruption Task Force following the Workshop on Engaging Parliamentarians in the UNCAC. H.E. Dr. Pramono Anung Wibowo was appointed as the Chairman of the Task Force.

Further, to increase awareness and understanding of the importance of UNCAC’s mandateintheglobalfightagainstcorruption,theHouseofRepresentativesworkedtogether with GOPAC to hold a 1-day workshop with the theme of “Political Activities Funding and Anti Money Laundering”. The workshop was held in Jakarta on the 13th of June 2013 and attended by 91 participants from members of the House of Representatives’ Committees, guest observers, advisory staffs and journalists. A number of international advisors from GOPAC Global Task Force; leaders of national institutions, leaders of the Indonesia House of Representatives committees, and other GOPAC delegates’ members were invited to participate as a facilitator and speaker in the workshop. Two topics were selected as the main items in the agenda of the workshop: Political Funding and Money Laundering; and Regional Cooperation to Prevent and Combat Money Laundering.

The workshop has succeeded in establishing a solid foundation of Indonesia GOPAC Task Force. The Organization Structure, Action Plan, and Statute/Bylaws of the Task Force were approved to support the operation of the GOPAC Indonesian Chapter as an organization.

GOPAC Indonesia National Chapter have develop a website and utilize social media, such as Twitter, to communicate programs and activities as well as to appeal to the en masse of population. Socialization of GOPAC Indonesia National Chapter have further made possible by press releases on the National Chapter activities in reputable nationwide publications in Indonesia.

ThailandCurrently, Thailand is in the process of developing a national chapter. In regards to corruption eradication and in its role as a member of UNCAC, various effort and activities have been conducted by Thailand. In its capacity as a member of UNCAC, Thailand has practiced all the resolution of the UNCAC organization.

The effort and activities are also supported by NGO, committee from the board house, member parliament and public, as well as a set of laws and regulations and information which can be accessed by the public. Thailand has also set up a woman parliamentariangroupfocusesonactivitiestofightagainstcorruption.

Following this meeting, Thailand will continue the establishment of the national chapter in cooperation with the head of parliament who is also the Vice President of the SEAPAC.

SAPAC SAPAC has been trying to establish national chapter in South Asia. Out of eight member countries of SAPAC, three chapters have been established in the region i.e. in Nepal, Bangladesh, and Sri Lanka. It was also encouraged by SAPAC to share experience through regional network.

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8 REPORT OF THE SEAPAC GENERAL ASSEMBLY

4. Vacancies in GOPAC

The Meeting agreed on the appointment of H.E. Dr. Pramono Anung Wibowo from Indonesiaand.H.E.Mr.TanSriAbuZaharUjangfromMalaysiatofillthevacanciesof SEAPAC representatives to GOPAC.

SECOND SESSION

Presentation and debate on:

1. Political patronage & its impact on corruption (a cross national perspectives on anti-corruption mechanism)

Chair: H.E. Mr. Mohamad Sohibul Iman, Ph.D., Vice Speaker of the Indonesian House of Representatives

Mr. Matthew F. Benson Lidholm, Regional Representatives of GOPAC Oceania, in his presentation stated that corruption has become a transnational or cross boundaries issues. The establishment of the national chapters is the reflection of the global nature of theproblem. The SEAPAC theme of ‘Corrupt-free Southeast Asia: Common goal, Common action’isclearlyaconfirmationofthenatureoftheproblem.

There have been three national chapters established from the members of GOPAC Oceania which areAustralia, New Zealand, and Pacific island of Kiribati. The CookIsland and Tonga are in the establishment process. The enormous size and the magnitude of the Oceania area are considered as the main obstacles of the GOPAC Oceania development. Due to the distance between countries in the region, many of the member’s countries do not have a financial capability to further enhance their presence in theorganization.

Political patronage is also a reality in Australia and is currently faced by The Federal Australiaand thestateofWesternAustralia.Since theeffortoffightagainstcorruptionthat has been started in Western Australian 1980s, political patronage has been an issue. To solve this, there has been a common theme in Australian parliament that all member work together to reduce the political patronage. Therefore, it is important to improve and strengthen the effectiveness of the parliament. In this sense, the government should not dictatetheparliamentinregardstothefightagainstcorruption,nottheotherwayaround.

In order to share Australia’s experiences in dealing with corruption, a number of documents were presented to the chair to be distributed to the SEAPAC members. The documents show that the corruption issues in Australia are complex and vary between states.Yet,thereisnodefinitiveplanonanti-corruptionatthenationallevelinAustralia.New South Wales, Queensland, and Western Australia are the only states in Australia that haveadefinitiveanti-corruptionbody. It iscommonpractice for thosestates to submitcorruption and crime commission reports to the state parliament, and then the parliament will publish those reports to the public.

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923–24 OCTOBER 2013, MEDAN – NORTH SUMATERA

Hon. Mr. Ali Al Ansi, MP (ARPAC), Member of Yemen Parliament, gave a presentation entitled ‘Corrupt-free South East Asia: Common Goal Common Action’ with the focus on Political Patronage and its impact on corruption in the Arab Region.

Political Patronage is commonly practiced in political systems to award positions of power or bestow special favors to certain individuals and businesses that have previously helped the leader to attain the position. In fact political patronage is a key challenge to the fight against corruption in the MENA Region. Revolutions that sweeping acrossthe region during 2011 have shed light on widespread corruption, particularly political corruption. The former has also uncovered widespread evidence of political patronage, nepotism and collusion between the public and private sectors which inadvertently contributed to the heightened levels of civil unrests and public protests.

Compared to global averages, the key anti-corruption indexes show corruption levels to be very high in many countries across the MENA region. There are several common challenges posed by corruption that apply to most of the Arab countries, particularly Political Patronage that is so rife in these countries and widely accepted as a “fact of life”.

In today situation, political patronage is evident at almost all level public administration area in the MENA region. Thus political patronage is not considered uncommon for gaininganemploymentoranoffice.Largescalepatronage,besidescausingalargeandineffective state, is also responsible for widespread and costly corruption in the MENA Region, in addition to loss of citizen trust in government and state agencies. This reality has lead as well to the undermined accountability of broader society and compromised the credibility and effectiveness of public institutions.

In recent years, several anti-corruption reform efforts have been undertaken by many of the Arab countries. These have mainly been directed at legal and institutional reforms including ratificationof theUNCAC“UnitedNationsConvention againstCorruption”,drafting national anti corruption legislation and establishing specific oversightinstitutions such as anti corruption agencies and commissions. The Arab Spring (Tunisia, Egypt, Yemen and Libya) showed promising opportunities for political reform and the restructuring of legal and institutional frameworks to enhance public integrity. These countries have all experienced the change of Head of Regimes. However, it is unlikely that change in leadership will bring real change if its not accompanied by a systemic reforms that address the root causes of corruption residing in the whole regime.

Despite all of the efforts made, international organizations considered that the implementation of laws in MENA region is still very weak. This fact indicates that a greater political will is needed to establish and uphold effective enforcement mechanisms. A better engagement of all political actors including civil society organisations is also required. In the context of political patronage, parliamentarians as representatives of the people must be entrusted with the oversight responsibility of screening more of the presidential appointees, monitoring the implementation of the anti corruption legislations on public appointments and reviewing public procurement acts.

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10 REPORT OF THE SEAPAC GENERAL ASSEMBLY

General Discussions

Some issues were raised by the floor during the discussion session. The first issue isrelated to power in some political systems, which may result in the spread of corruption, as portrayed in a phrase ‘power corrupt and absolute power, corrupt absolutely’. In response to this issue, one of the solutions is to put an accountability mechanism in place. Setting a better oversight and scrutiny of the member conditions during their tenure in the political system is also a solution. Another way is to provide rigorous interpretation of entitlement of parliament members. However, the issue of the continuation of the serving term of parliament members needs more consideration particularly when it is related to members with strong performance.

The next issue discussed was in regard to money politics and the boundaries of political lobbying. Responding to this, the solutions offered was to develop a standing committee to oversee the parliament and public sector. Therefore, the established standing committee and regulation then become the culture that accepted by parliament and implemented with integrity.

In response to the question of persistent occurences of corruption at varying level despite of the establishment of such committee, the presenters responded by referring to the nature of people and their greediness for power. It was reemphasized that the scrutiny of the rule and regulation must be put in place to avoid this. Moreover, a body that adjudicates and oversees the parliament members needs to be established internally within the parliament to ensure the enforcement of the rule and regulation.

Mr. Matthew F. Benson Lidholm, when asked about the historical change of bribery or corruption in Australia, stated that the corruption/bribery case is declining especially in the state of Western Australia. This, according to him, is due to establishment of corruption crime commission in Western Australia. Moreover, there has been a proactive campaign by corruption and crime commission in regard to the anti-corruption regulation that creates people awareness on the risk of misconduct behaviour. The latter experience of Western Australia is offered as one of the solution to reduce corruption or bribery in the SEAPAC member countries.

Mr.AliAlAnsi,MPwasaskedbythefloorinregardtonepotismissueespeciallyamongthe royal family of Arabic kingdoms. He stated that nepotism is commonly happened in third world countries government and parliament. It is acknowledged that the nepotism is common to people around the royal family of Arabic countries. The main reason that those countries remain stable is because the countries are oil rich; therefore they are able to maintain the people’s welfare which in turn reduced the tension among the citizens. He suggested an implementation of transparent regulation in parliament or in government/public sector to reduce the practice of nepotism.

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1123–24 OCTOBER 2013, MEDAN – NORTH SUMATERA

2. Gender, culture and corruption Sub theme: Is corruption a culture and sexist? How gender alters corrupt behavior?

Chair: Hon. Dr. (Hc) Siswono Yudo Husodo, Vice Chairman of the Committee for Ethics of the Indonesian House of Representatives.

Hon. Dr. Nurhayati Ali Assegaf, President of the IPU Coordinating Committee of Women Parliamentarians, Chair of the GOPAC Participation of Society Global Task Force offered some illuminations on the issues of gender, culture and corruption. In her presentation, she believes that promoting gender equality can reduce corruption. A study conducted by Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) exploring the relations between Gender Equality Index and Corruption Index in 2007 has shown that low levels of corruption are associated with greater gender equality, and vice versa.

She believes that building an incorruptible society can be started from the smallest society, which is family. In this context, the role of mothers is very important to install the value of good morality and apply social sanction to children who disobey the values. In the early stage, corruption acts could be prevented through incorporating anti-corruption ethics in the education curriculum.

The role of women in eradicating corruption through political participation is also important. A gender sensitive and inclusive institutions will lead to better governance and stronger democracy, and will certainly build less-corrupt governance and stable economic condition.Aninfluentialstudyof150countriesinEurope,AfricaandAsiabytheWorldBank, for example, came to the conclusion that women are more trustworthy and less prone to corruption.

In this context, there are three ways to empower women participation. Firstly, understanding the role of women in corruption or assessing its impact needs to be examined with close attention to the socio economic and cultural norms that shape how women live their lives. Secondly, women should be allowed to part in public policy making on eradicating corruption by diminishing the barriers of real decision-making power; both in its gender and in broader institutional-political dimension. Thirdly, the process of curbing corruption should be followed by undertaking the legislative procedures intended to protect women and children, to uphold their freedom of action and choice, and to make them able to live and perform independently in their socio-economic and political life.

Datin Paduka Intan Kassim, Chair of ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC), presented her thoughts and insights on relationship between gender, culture and corruption.

About 50% of Asian population consists of women and children. However, most of them are poor and experiencing some of the problems related to the poverty. This situation makes the region especially prone to corruption. The United Nations Development

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Programme (UNDP) defined corruption as “the misuse of public power, officer orauthority for private benefit-through bribery, extortion, influence peddling, nepotism,fraud, speed money or embezzlement”.

There are two forms of corruption. It could be a Grand Corruption which means corruption by political leaders and senior civil servants accepting large bribes and hiding money in bank accounts. The other form is Petty Corruption which means the act committed by junior civil servants or private sector workers to supplement way of life andtocovertheirinsufficientincome.TransparencyInternationalCorruptionPerceptionIndexin2012showsthattheregionisnotdoingwellintheirfightingaginstcorruption.As a matter of fact, there is a declining trend in most of the countries in the region during the last year.

Citing findings from various researchers, the corruption act usually start from thecondition of underpaid, unappreciated, underpromoted, greedy, deviant. An employee with ample opportunities for corruption considered the act to be a low risk, high reward activity. Therefore, there is a perception that corruption is partly a cultural that to be tackled as such as well. However, corrupting behavior differs around the world partly because of different norms, and partly because cultural systems break down in different ways.

Taken from gender perspective, during the early 2000s, many research reports claimed the existence of a link between low levels of corruption and more women in government. However, recent studies reveal that the gender differences found in the previous studies may not be nearly as universal as stated and may be more culture-specific. Further,many scholars point out that when corrupt behaviors are an ordinary part of governance supported by political institutions, there will be no gender differences in the corruption acts. Therefore as a conclusion, it should be noted that the perception of corruption may be more cultural than gendered and caused by the nature of the institution one is in.

Mr. Giri Suprapdiono,GratificationDirectoroftheCorruptionEradicationCommision,presented the progress of the Corruption Eradication Commision in combating corruption and his insight on gender, culture and corruption.

Mr. Giri Suprapdiono gladly inform that all cases of corruption handled by the commision were successfully brought to the court of justice. Employing “caught in the act” practice to capture their suspects, the Commision was able to prosecute different levels of government institutions in their effort to eradicate corruption in the country. However, the statistics from the Commision show that women is not necessarily less corrupt than men. In fact, various cases handled by the Commission supports the notion where some women were involved in various acts of bribery.

Based on experimental data collected in Australia (Melbourne), India (Delhi), Indonesia (Jakarta)andSingapore, therearenosignificantgenderdifferences inattitudes towardscorruption in India, Indonesia and Singapore. Another study suggests that the driver of

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lower corruption when there’s higher representasion of women in government is not women’s integrity but the fairer system Therefore, it is believed that the corruption is more related to culture than gender.

In this context, the Commission focus their strategy on the new wave sub culture that includesYouth, Women, and Netizen as new social engines. In their efforts to achieve a sustain anti corruption fights, the Commission actions involve 3 comprehensivestrategies: effective enforcement, prevention and education, promoting cultural change and government system improvement, as well as encouraging the invlovement of women, youth and netizen involvement in anti-corruption movement strategy.

General Discussions

Following the presentations, Thailand delegation described their country’s progress regarding promoting the women participation in government bodies and parliament. Despite of many obstacles, Thailand is willing to further cooperate with GOPAC to encourgaewomanparliamentarians in their fights against corruption.Several delegates(Malaysia, Indonesia and Timor Leste) were concerned about the increasing number of women involvement in corruption acts and asking on how to reduce it. Indonesia further asked about the high political cost during election campaign which somehow become the culture in Indonesia political world. While, other delegates asked for further explanation on the priority of the strategies taken by Indonesian Corruption Eradication Commission.

In their responses, the keynote speakers agreed that the studies between gender and corruption does not necessarily means that women are less corrupted than men. Therefore, institution strengthening is considered as an important factor in preventing the employee from committing the corruption act. In addition, family values and education system can become the essential guide and watch guard for maintaining good behaviour in the society.

Regarding the strategy, the keynote speaker explained that the Commission put the emphasizeonstrengtheningtheinstitutionsandalocatingmoreresources(financialandpeople) to support the three pronged strategies. This action is considered appropriate since combination of all of the strategies is the best way to combat corruption in the modern context.

In the context of high political cost in Indonesia, the presenters pointed at the direct election system and the lack of political parties funding received from the govrnment. Therefore, they suggested that government should consider to give more funds to political parties and reform the election process.

Before, the session was closed, the Secretary General of AIPA gave his insights regarding the relationship of culture and corruption. In Singapore, in particular, the tradition of gift-giving is an acceptable form of culture. However, in the case of parliamentarians, they have the obligation to inform the parliament about any souvenirs or gifts presented to

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them. Leaders of the parliament then would ask the parliamentarians if he or she wish to keep the souvenirs. If the parliamentarian wishes to keep the gift, the value of the gift will be determined and he/she will be asked to pay accordingly. This example shows that rules and regulations to eradicate corruption should be prepared, but cultures and traditional values shall also put into consideration.

3. Mobilising people: connecting agents of change

Chair: Hon. Andi Anzhar Cakra Wijaya, Vice Chairman of the Committee for Inter-Parliamentary Cooperation of the Indonesian House of Representatives.

Hon. Mrs. Eva Kusuma Sundari, Member of the House of Representatives of the Republic of Indonesia and Member of the GOPAC Parliamentary Oversight Global Task Force, delivered her presentation on the Roles of Parliament-DPR RI in Promoting Civil Societies Participation.

In the past, the Indonesian Parliament were never exercised their budget power in oversighting the function budget plan (ex-ante) and the use of money (post-ante). This surely gave the opportunity for corruption crime to became rampant in Indonesia. Some parliaments member have involved in various workshop conducted to improve their abilities in oversighting budget plan and be more involved in the planning process. However, there was still a lack of experience in evaluating post budget implementation.

The Public Account Commitee (Badan Akuntabilitas Keuangan Negara, BAKN) was established in 2010 to support that particular function. The duties and tasks of BAKN include performing review and analysis audit report from general auditors and submitting their report to plenary sessions of parliament, distributing recomendation to Commission and then monitoring the follow-ups from Commission.

In recent years, several sub committee in Indonesian House of Representatives were established as the follow-ups in the commissions, for example: Subsidy for energy (in Commission 7) Academic Hospitals (in Commission 10) and Vaccine of Avian Flu (in Commission 9). BAKN was also able to perform hearing sessions as their efforts to investigatetaxevasionconductedbysomeminingcompanygroups,evaluatingfinancialperformances of various local governments, and promoting fraud control mechanism within government institutions.

As the outcomes from BAKN so far, there are new practices and new culture on the issues of accountability and transparency across the government institutions. The action performed has also attracted several study groups from another countries in Asia and local Parlements of Indonesia to learn the best practices from BAKN.

In their relationship with the society, BAKN has conducted several activities. BAKN conducted several hearing session with civil society organisation, such as Fitra (Social Assistance Funds) and IBC (Education Funds). BAKN gives their support to some

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organisations promoting public accountability, consists of NGOs, individuals and journalists as well as professional organizations (Public Accountant Association and Engineer Association). BAKN also put their efforts to raise awareness in the society through empowering media to become more numbers literate and improving the ability of the law enforcement agents.

Ms. Natalia Soebagjo, Chair of Executive Board of Transparency International Indonesia, gave her presentantion on the follow up to the Brasilia Declaration/15th International Anti-Corruption Conference IACC, 2012.

The inclusion of Transparency International Corruptions Perception Index (TI CPI) data in many researches have shown that the index has widely accepted in many countries as the measurement of their efforts to combat corruption. However, TI needs to introduce another instrument to measure the people’s perception towards public institutions.

In the latest survey, the data shows that, the people perception towards corruption in public institutions in 6 countries in the region, is relatively same as the global perception of these public institutions. This situation is understandable because many countries in the region are experiencing an undergoing political transition where change of regulations, lack of transparency and accountability of decision making are commonly found.

Therefore, during the conference, the IACCC participants put emphasize on 2 dimensions inthefightagainstcorruptionthatareformulatedintheBrasiliaDeclaration:Connectingcitizens and No impunity for those who abuse positions of power.

There are three strategies to achieve those goals. First strategy is closing international loopholesthatallowcorruptofficialstohidetheproceedsoftheircorruptactionsoverseasand enjoy with impunity what they have stolen from the public.

Second strategy is strengthening the judiciary and law enforcement by enacting law and codes of conduct, promoting transparency and good governance as well as strengthening the anti-corruption bodies. TI considers that reformation in judiciary and law enforcement institutionsandcombatingjudicialcorruptionwillprovideabettersupportforthefightsagainst corruption.

The final strategy is promoting social and political sanctioning. In this context, TIpromote social movements by sponsoring the development of korupedia.org website, campaigning against ‘black’ politicians, working with youth, and promoting the creative use of media. The campaign against ‘Black’ politicians were started in 2004 and 2009 by the coalition of various CSO and NGOs. TI encourage the declaration of Integrity Pact of the Political Parties in the General Election Committee (KPU) and General Election Monitoring Bureau (Bawaslu). TI also encourage the election candidates to sign a political contract with their constituents in order to promote a good integrity among the candidates.

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In order to support this action, TI started to develop an online profile database ofpolitical candidate where the voters can view their candidates based on the candidates public statement and records. Lastly, TI also organised an Anti-Corruption Forum where various elements of society can discuss and develop a workable action plan to eradicate corruption in Indonesia.

Mr. Kornelius Purba, Managing Editor at Jakarta Post, present a discussion topic entitled ‘When the People Have Little Trust in the House’. The outline of his presentation are summarized in the following paragraphs.

Indonesia is internationally recognized as the world’s third-largest democracy after India and the United States. It is an incredible achievement knowing that the country only adopted full democracy 54 years after it gained independence in 1945. However; good governance, transparent and equitable rule of law, equal rights and obligations for all, are some of the fundamental elements of democracy that are still neglected in the country. In just14years,Indonesiahasbeentransformedintoafullyfledgeddemocracy,atleastonthe surface. He perceived that it is fair to say the nation is on the right track in its journey toward achieving the goal of democracy.

Freedom of press was a luxury under Soeharto’s rule but now Indonesian media is among the most liberal and free in the world. However, the country’s press still faces a multitude of challenges in terms of securing high-quality human resources, as well as dealing with the monopolistic and oligopolistic practices of ownership, especially in electronic media, suchastelevision.Complaintsoverthebehaviorofjournalistsandtheselfishattitudesofmedia owners continue to rise. From the perspective of media employees, decent working conditions and welfare still a major problem for many.

During Soeharto’s 32-years of ruling, the House of Representatives’ role was merely to act as a rubber stamp to the government. Indeed, Soeharto virtually enjoyed absolute power according to many anti-government campaigners and international media sources. Now, the pendulum has swung perhaps too far the other way with the House playing an overly dominant role, especially in terms of budgeting, where it controls state-budget spending to a micromanaged degree.

Next year’s elections will be held at a time when voters’ trust in political parties and their candidates is at its lowest point, and the number of abstaining voters will likely be very high compared to previous years. There are very few interactions between legislators and their constituents based on the democratic principle of serving in the best interests of the people. Money politics is rampant, but voters are also very smart; they gladly accept the money but often vote for other parties or candidates than those distributing the handouts.

Despite its shortcomings, the media plays and will continue to play a vital role in terms of checks and balances. However, that the media is just a mirror of society due the to the widespread use of social media sites like Facebook and Twitter. Corruption and abuse

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of power are rampant, but media coverage is now so diverse and widespread that even people at the lowest levels of society are well-informed about the social and political problems in this country.

Despite all turmoil and upheaval, the nation however continues to strictly stick to its commitment to democracy, and it is a very right decision.

General Discussions

There was a short discussion following these presentations. The first question was inregards to the differences between money politics and political costs. Money politics is driven by the desire to get a higher vote if not the highest, therefore perceiving that money is an important factor as a vote getter. While political costs are not merely related to money but all resources both material and non-material in order to get a position in politic. There are some costs suffered as direct consequences of money politics such as disturbance to the political system, poor governance, and lack of competition.

The second question was on the reason why the journalist or media hate the politician whilst the owners of the media want to play active roles in the politics. There are some reasons according to both of the presenters. The media is an industry by nature, especially on television media. Therefore, the first reason perhaps is that the media owners areinterested to support their business by joining the circle of the decision makers. The other reasonisthatsomeofthejournalistsorthemediaowners,asthefirstrecipientofnews,are nauseated by what has happened in Indonesia. They might have their own political interest.Oneofthemostpracticalwaytofixthissituationistojointhepoliticalpartiesthemselves.

SESSION OF THURSDAY, 24TH OF OCTOBER 2013

1. Presentation and Debate on Restoring Public TrustSub theme: Integrity in Electoral System and Political Party Accountability

Chair: Hon. Dr. Surahman Hidayat, Chairman of the Committee for Inter-Parliamentary Cooperation of the Indonesian House of Representatives.

H.E. Dr. Pramono Anung Wibowo, Vice Speaker of the House of Representatives of the Republic of Indonesia and Chairperson of the Indonesian GOPAC National Chapter, started his presentation by introducing the 12 political parties that are competing for the next election in Indonesia, consisting of 9 national parties and 3 parties from Aceh province. The focus of his presentation is on the issue of political party accountability by taking note on the Indonesia case.

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He, first, explored important reasons of accountability for political parties. Thosereasons, among others, are: because it confirms to citizens that their government andits institutions are working in their interest, and because the research result shows that political parties and parliamentary have high score (3.8 and 3.6 out of 5, respectively) in the Transparency International Global Corruption Barometer 2013 survey as the institution affected by corruption.

Political parties, according to H.E. Dr. Pramono Anung Wibowo, hold different roles in the democracy as follows: to provide vehicles by which people express their interest and compete for public officials campaigns and to play an intermediary roles linkingthe people’s aspiration to the institution of government and its policies. Therefore, the recruitment of political cadre is of paramount importance within political system as the main actor in election, in particular of those in campaign activities.

Indonesia, in particular, faces some challenges in regards to political accountability such as political pragmatism, clientelism and patronage for money or power, and high cost of political campaign. These challenges could lead further to corruption, political oligarchy, and lack of internal democracy.

H.E. Dr. Pramono Anung Wibowo, suggested some scheme in establishing accountability to overcome these challenges. Those schemes are intra-party management, political party financing, standards for candidate, disclosure of obligation due tofinancialwealth andassetsofpublicofficialsunderStateApparatus, and linkingpoliticalparty to itsgrass-roots through the use of social media which are of common nowadays in Indonesia.

However, based on Indonesian experiences, there is a high possibility for the regulatory loophole in regards to developing accountability of political parties. H.E. Dr. Pramono Anung Wibowo provided some examples of the loopholes such as no further details on thecontentofPartyStatutes,nosanctionsforpublicofficialswhodidnotdisclosetheirfinancial assets, and no spending ceiling to regulate both the amount and the type ofexpenditure of each parliamentary candidate.

H.E. Dr. Pramono Anung Wibowo, concluded his presentation by extending his future expectations in regards to accountability of political parties. Political party may be given a chance to seek income based on business activities and participating interest in companies to the extent that there are no aspects of State Budget in such business activities, directly and/or indirectly. In the long run, the business entities and their activities said should also Go Public. In addition, assessment mechanism of the result achieved through party representativesinpublicofficialsisrecommendedtobeincludedwithinthepartystatutes.It is also important to ensure that the internal rules of political parties are guided by legal certainty, clarity, transparency, accountability and independence.

Hon. Mr. Prakob Chirakiti, MP, Member of the House of Representatives of the Thai National Assembly, initiated his presentation by expressing their feeling of honored for the participation in the forum to promote the crucial role of parliamentarians to fight

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against corruption in the region. He also emphasized the theme of the General Assembly which is “Corrupt-free Southeast Asia: Common Goal, Common Action” that clearly reflectsthesituationconfrontingtheregionandconcernsSEAPACmembercountries.

Mr. Prakob Chirakiti, MP, in regards the restoration of public trust, stated that the approaches to fulfill this concept could not be undertaken efficiently and effectivelywithout acts from both national legislative and administrative levels. Following this, he aimed to share Thai experiences and goodpractice in establishing an effective monitoring organization including the improvement of the existing legal mechanisms for tackling all forms of corruption. In case of Thailand, the Election Commission of Thailand (ECT) has been established as an independent and politically neutral organization.

According to Thai constitution, the ECT is responsible for holding or causing an honest and fair election of members of the House of Representatives and Senators as well as the election of members of the local assemblies and local administrators including voting in a referendum. Since the establishment of the ECT, eight elections have been conducted. Five were the election of members of the House of Representatives and three more were elected from members of the Senators.

The electoral system in Thailand has dominant features. The constitution prescribes that voting is obligatory by law. To complement the obligation of voting, there is a provision for advance and overseas voting. Advance voting is provided for eligible voters living or working outside their constituencies in which their names appear on the house register. A similar arrangement is in place for overseas voting. Eligible voters living overseas are allowed to vote by mail or in person at designated polling stations in the foreign countries in which they live by which prior registration is also required.

According toMr. PrakobChirakiti,MP, theECT alone is unable to fulfill itsmission.The law provides that the ECT can work with private organizations or non-governmental organizations in providing democratic education to people and monitoring and ensuring the integrity of the electoral process, now there are 81 private organizations registered. On the other hand, the ECT has encouraged public participation in the electoral process through various cooperation initiatives such as democratic education center and scouting volunteers.

In closing his presentation, Mr. Prakob Chirakiti, MP, on behalf of The Kingdom of Thailand is cordially inviting all of the delegation to attend to the second session of the Assembly of Parties of the International Anti-Corruption Academy (IACA) in Bangkok on 9–11 December 2013.

H.E. Mr. Tan Sri Abu Zahar Ujang, President of Senate Malaysia, commenced his presentation by introducing the political system adopted by Malaysia that their political system follows the British system but with adaption with Malaysian cultures and characteristics. He then introduced a national body that plays an important role in the

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election process, which is an Election Commission (EC). EC has three electoral functions which are managing registration of electors, conducting elections, and providing demarcation of constituencies.

There are the three functions of the EC in more detail. The EC’s function to manage the electoral registration include activities as follows: to transparently register voters, to verify particular forms for voters, to register Nationals citizen only as electorate, to exhibit the supplementary electoral Bill to public, to conduct public inquiry and civil investigation of claim and objection to application, to provide opportunities and chances to make claims against opponents to appeal, to provide electoral gazette Supplement, to combine the master electoral quarterly supplement, and to ensure people can purchase electoral at anywhere.

The second function of EC in managing Conduct of Elections includes all of activities to prepare, organise, and conduct a general election, such as establishing nomination and election timelines in accordance with the constitution and by-law, ensuring a secure and secret zone as center of voting ensuring where voting process is made, allowing appointment of international election observers and local observers, ensuring the ballot papers issued in transparent to agents representing candidates, safeguarding the voting inpeaceand tranquilconditionswithouthaving thefear,andconfirming that theballotpapers calculation ahead agents representing candidates.

The third function of the EC is to perform as demarcation of constituencies. This functions are to ensure implementation of demarcation of constituency of election by thirteenth schedule of the Federal Constitution and to exhibit the proposed redrawing of constituency to the public.

H.E. Mr. Tan Sri Abu Zahar Ujang closed his presentation by stating that based on the above explained functions conducted in transparent manner with the utmost integrity, the results of election can be acceptable and the government formed is a legitimate government.

Mr. Andrew Ellis, International Institute for Democracy and Electoral Assistance (IIDEA),DirectorforTheAsiaandPacific

That corruption lowers the level of trust in society- both the trust that citizens have in their institutions and their leaders, and the trust that citizens have in each other. Legislators have a key role in the battle against corruption; they not only set the rules but put issues on the agenda and helping to set the climate of public opinion. There are some actions that can be enacted by the legislators, for example; limiting the income and donation, spending ban, spending limit as well as audit disclosure and publication requirements.

Controlling the political cost plays an important role in restoring public trust. In this context, transparency gives oversight opportunity to political countries, CSOs and citizens to be more involved in this matter. In order to support this action, an effective

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enforcement body is required. This body just like any other body charged with upholding standards: independent in its operation, open its appointment procedure, and reflectthe same quality as an electoral administration itself needs. With the issue is currently high on the scale of public perception, reaction and indignation, there may be a political opportunity for legislators and anti-corruption campaigners to use the momentum for change.

There is optimistic view that the major changes in political culture can happen. However, there is always institutional resistance to anti-corruption measures: especially from those whobenefitfromit.Itisclearthatprotectingandbuildingintegrityisnotaprogressiontowards a perfect end. It is rather a continuing leapfrog process to eliminate those who do not wish elections to be legitimate and politics to be credible, or are indifferent to this. International IDEA will support SEAPAC by supplying the knowledge resources and sharing the experiences, organizing dialogue and advocacy that can help SEAPAC bring about the change. At the moment IIDEA is preparing an Online Global Database about politicalfinancelegislationsandrulesaroundtheworldthatwillbepublishednextyear.

General Discussions

During this session, the participants expressed their impression towards the development of the election system and the actions taken to prevent corruption acts that could taint the democratic process in the region. Some questions were raised by the Malaysia delegation regarding the selection of candidates and the business practice of political parties. Further, Malaysia asked the process of ECT members’ selection and the sanction that given to Thai citizen who did not exercise their obligation to vote during the general election. Indonesia and Malaysia delegations raised their concern regarding the money politics therefore asking if there is an ideal way to reduce the cost of political campaign during the general election period. SAPAC representatives shared the experiences from the South Asian region where many celebrities took part in the general election process and underlined that the phenomenon should not be a concern for Indonesia.

In answering questions regarding the election process in Thailand, Mr. Prakob Chirakiti explained that the ECT selection are started from developing a nomination list taken from supreme court, administrative and judiciary offices, House of Representatives,and current opposition parties. This list then will be forwarded to the Senate to be discussed. Regarding the penalty towards the non-voters, the presenter said that there are four consequences for them: they cannot be nominated for any political appointed position, cannot run forpoliticaloffices, andcannotput apetition for impeachmentofhighrankofficialsorparliamentmembersaswellasjoininapetitiontoamendlawsandregulations in Thailand.

H.E. Dr. Pramono Anung Wibowo explained that the level of welfare in the region is different, whereas the prosperity in Indonesia is still a major theme in any political campaign. For example, a running candidate would need a lot of money to conduct consolidation of supporters in their constituency area. Unfortunately, political parties usually do not allocate adequate fund to support this activity. Therefore, combination of

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direct and indirect election system is proposed to reduce the political cost. In response to SAPAC view regarding the celebrities as the lawmakers, the presenter agrees that sooner or later anyone who is not competent would only become a benchwarmer in the parliament. However, as the data from 2009 election result shows that about 72% parliamentary members were newcomers and there are still a lot of works to do, the phenomenon of celebrities becoming a parliamentary candidate is a worrying situation in Indonesia.

Mr. Andrew Ellis said that there are strength and weakness in every country. Corruption cases not only happen in the region, but also happen in the western countries as well. For example, the case of illegal parliamentary spending currently under investigation in Australia and UK. It is recommended that SEAPAC members’ countries shall concern with the level of transparency and the enforcement of the anti-corruption laws and regulations. Mr. Andrew Ellis also pointed out that there is no any ideal way to control political cost, since every country has their own culture, institutions, and framework. It is suggested that the parliamentarians should start to look at any loopholes in their governmental, judicial and parliamentary system.

THIRD SESSION

Chair: H.E. Dr. Pramono Anung Wibowo, Chairman of Indonesian GOPAC National Chapter/Vice Speaker of the Indonesian House of Representatives

Discussion and Adoption of Medan Declaration (Moving Forward: Priority Issues for Global Action

The Medan Declaration was adopted following a constructive deliberation.

The text of the Declaration is attached as annex D

Closing Remarks

H.E. Dr. Pramono Anung Wibowo, Chairman of Indonesian GOPAC National Chapter/Vice Speaker of the Indonesian House of Representatives in his closing remarks highlighted thecommitmentofparliamentarians in theSouthEastAsia tofightagainstcorruption stated in the Medan Declaration. He sincerely believe that the commitment in curbing corruption in the region will pave the way to the much needed global good governance.

The next General Assembly of SEAPAC will be held back to back to the General Assembly of GOPAC and the venue will be communicated following the decision of the GOPAC Executive Committee.

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He extended his appreciation to all delegates, speakers and resource persons for their active contributions and cooperation during the SEAPAC General Assembly. In return, some delegates also extended praises for Indonesia’s leadership in SEAPAC and for making this Assembly a successful one.

The assembly was closed at 12:00 pm.

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M E D A N D E C L A R A T I O N“Zero Tolerance to Corruption in Southeast Asia: Common Goal, Common Action”

We, 47 (forty seven) members of the South East Asian Parliamentarians Against Corruption (SEAPAC) hereby adopt this declaration, in presence of GOPAC Members from GOPAC OCEANIA, ARPAC and SAPAC, as well

as representatives from international organizations, gathered at the SEAPAC General Assembly, in Medan, Indonesia, on 23- 24 October 2013:

PreambleWe understand that the harmful impacts of corruption are palpable and corruption raises serious moral and political concerns. Corruption is a serious barrier to effective resource mobilization and allocation and diverts resources away from activities that are vital for poverty eradication, the fight against hunger and post-2015 Sustainable Development Goals;

The Southeast Asia is a region of emerging democracies where people demand greater participation and transparency on their public interests and therefore, it is essential to hold an accountable government and political system. It is also necessary to strengthen the political will in eliminating political patronage and strengthening comprehensive inter-state cooperation in anti-corruption law enforcement, which also include the implementation of anti-money laundering regime and asset recovery;

National anti-corruption measures can benefit from existing relevant regional and international instruments and best practices such as those developed by the countries in the region. We emphasize that the United Nations Convention Against Corruption (UNCAC) is the significant instrument for the universal fight against corruption. Therefore it is imperative to implement its principles in the Southeast Asian region as the effort in fighting against corruption is a complex undertaking and requires involvement of all levels of society;

General Assembly of the Southeast Asian Parliamentarians Against Corruption (SEAPAC)

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M E D A N D E C L A R A T I O N

Parliaments hold an important role to promote four key principles of anti-corruption strategy: transparency, participation, accountability and integrity by exercising their functions as mandated by National Constitutions. We welcome the establishment of new national chapters under the Southeast Asian Parliamentarians against Corruption (SEAPAC), the regional chapter of Global Organization of Parliamentarians against Corruption (GOPAC) and the eagerness of other regional parliamentarian(s) to join forces in a regional and global coalition against corruption.

Key issues related to the fight against corruption:Political Patronage, Gender and Culture

1. All are equal before the law. There shall be no immunity for public officials including parliamentarians in matters of corruption and their related crimes.

2. Good Governance shall be the main principle to protect legislative function and policies from fraud and vested interests, and shall be able to safeguard the state from the political interests and patronage, which are undeniably available at all levels of society.

3. Anti-corruption efforts require greater participation and involvement of all elements of society to eradicate corruption which undermines the poorest and weakens good governance.

4. Permissive behaviour which enables corruption is a formidable threat to the society of emerging democracies. Therefore, a zero tolerance culture towards corruption is imperative.

5. Parliaments and parliamentarians play significant role to oversee governments’ work to deter corruption, ensure resources are well managed and put into the best use. Therefore, the need to strengthen capacity of parliament to further support governments in translating their commitment into a tangible result should be at the heart of Post-2015 development agenda.

6. Corruption knows no boundaries of gender, race, age, education level, political and social status, and territory.

7. Corruption in public services delivery has a disproportionate impact to the most vulnerable groups of society, women in particular. It is urgent to take necessary strategy and appropriate action for improving service delivery to be more effective and reliable.

Mobilising People: Connecting Agents of Change

8. Parliamentarians are the driving force of their constituents in the campaigns against corruption and they must be committed to their political mandate.

9. Cooperation among stakeholders, particularly NGOs, mass media, private sectors, monitoring agencies and anti-corruption watch, as well as the use of social media, is an effective tool in the fight against corruption.

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M E D A N D E C L A R A T I O N

10. Bearing in mind the nature of corruption as transnational crime, it requires partnership among anti-corruption agencies, providing agent-to-agent linkage cooperation, to seize and bring corruptors to justice.

11. Youth is the key to a sustainable development and democracy. By involving the youth, as the next leader in the region and their role as agent of change, in the fight against corruption, they will be able to develop important skills and greater understanding of good governance. This could be pursued, among others, through anti-corruption based curriculum in the formal education system.

Restoring Public Trust

12. An accountable political party with the recruitment system of public officials in a fair and corrupt-free election shall provide strong legitimacy in ensuring the accomplishment of a proper democracy which is free from any vested interests.

13. Good performance and accountability of parliament, as well as effective oversight function will restore public trust.

14. Transparency should be the basis of government activities in which it will contribute effectively in restoring public trust.

15. A strong law supported with the high integrity, credible and committed law apparatus will be effective to deter and eradicate misconduct and corrupt actions of state officials.

Moving Forward

16. Parliamentarians shall actively participate to promote the comprehensive and effective anti-corruption strategy which addresses the 5 pillars of UNCAC namely prevention, criminalisation, asset recovery, international cooperation and effective monitoring within their respective jurisdiction.

17. The participation of parliamentarians in the coming Conference of the State Parties to the UNCAC is essential. The Governments, if they have not done so, should be encouraged to include parliamentarians in their national delegations.

18. A global campaign and strong political will in the fight against corruption is a must. It is necessary to have as many parliamentarians as possible, who are committed to build a strong awareness on the adverse enormous consequences of corruption. Integrity and clean track record against corruption shall be the prerequisites of such commitment.

19. Build synergy with other existing regional parliamentary organization including ASEAN Inter-Parliamentary Assembly (AIPA) in order to broaden anti-corruption movement.

20. SEAPAC Regional Action Plan shall form an integral part of this declaration, which transcribe as a joint effort among Members of Parliaments in the establishment of a corrupt-free Southeast Asian region. This is our common goal which requires mutual cooperation and hard work.

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REGIONAL ACTION PLAN

SOUTH EAST ASIA PARLIAMENTARIANS AGAINST CORRUPTION2013–2016

A. INSTITUTIONALIZATION

1. Expand membership of the SEAPAC

2. Establish national chapters of the GOPAC in the ASEAN countries

• Brunei• Cambodia• Indonesia• Laos• Malaysia• Myanmar• Philippines• Singapore• Thailand• Vietnam

3. Generate funds and resources

4. Establish a Permanent Secretariat

B. CAPACITY AND KNOWLEDGE BUILDING

1. Leverage information technology

• SEAPAC shall put up and host a website.

of the

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REGIONAL ACTION PLAN OF THE SEAPAC2013–2016

2. Inventory the anti-corruption legislation in every member-country

• Establish a system where existing anti-corruption legislation and good practices in every member country shall be documented and inventoried.

• Purpose: Basis for future legislation for the introduction of anti corruption reforms.

C. MUTUAL LEGAL ASSISTANCE AND EXTRADITION TREATIES

SEAPAC shall encourage its member-countries to forge mutual legal assistance and extradition treaties that are indispensable tools in the fight against forms of corruption that transcend international boundaries such as those involving drugs and money laundering, as well as those dealing with recovery of stolen assets.

D. REVIEW OF THE NATIONAL INTEGRITY SYSTEM

1. Upgrade the Civil Service

• SEAPAC shall encourage its member-parliaments to enact applicable legislative measures raising the standards of performance and incentives for public officials and providing them the necessary skills-training and funds to address the problem of corruption.

2. Encourage Codes of Conduct in the Private Sector

• SEAPAC shall aim to persuade the private sector to play a crucial part in the fight against corruption.

• SEAPAC shall aim to partner with business groups in drawing up their codes of conduct and to improve corporate governance compliance.

3. Support civil society initiatives

• SEAPAC shall encourage its member-parliaments to enact legislation and other measures extending support to civil society organizations engaged in the monitoring and investigation of government transactions.

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REGIONAL ACTION PLAN OF THE SEAPAC2013–2016

E. IMPLEMENT THE UNITED NATIONS CONVENTION AGAINST CORRUPTION

1. Enact legislation to implement the provisions of the UNCAC

2. Ratify related treaties, conventions and agreement

ADOPTED on 01 February, 2013 in Manila, Philippines.

For Cambodia: _______________________________________

For Indonesia: _______________________________________

For Malaysia: _______________________________________

For the Philippines: _______________________________________

For Thailand: _______________________________________

For Timor Leste: _______________________________________

For Vietnam: _______________________________________

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C O N S T I T U T I O N

SOUTH EAST ASIA PARLIAMENTARIANS AGAINST CORRUPTION

The PreambleWE, the members of the South East Asia Parliamentarians Against

Corruption, representing our respective parliaments, assembled in Manila, Philippines on the 31st day of March, 2005 –

AFFIRMING that the commitment and capacity of parliamentarians in South East Asia to fight corruption must be strengthened.

AWARE that corruption poses a grave danger to the well-being of the peoples of South East Asia and to the development of their countries.

ALARMED that corruption diverts scarce resources from human basic needs and destroy confidence in the integrity of our institutions.

CONCERNED that it is essential that we develop healthy, balanced relations be-tween the State, civil society and the marketplace, and that parliaments be strengthened as effective institutions of accountability in overseeing the policies and actions of governments.

ACKNOWLEDGING that corruption can best be controlled by strengthening systems of accountability, transparency and public participation in the governance processes of our countries.

REALIZING the great value of parliamentarians coming together to share infor-mation, experience and lessons in strengthening parliaments in the fight against corruption.

REITERATING our commitment to strengthen the capacity of parliamentarians to fight corruption by:

A. Encouraging the commitment and building the capacity of parliaments to exercise accountability with particular relation to financial matters

of the

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B. Sharing information lessons learned and best practices

C. Undertaking projects to control corruption

D. Cooperating with organizations in civil society with shared objectives

DO HEREBY RESOLVE, AS WE HEREBY RESOLVE, to organize the South East Asia Parliamentarians Against Corruption effective as of the date of the adoption of this Constitution.

Chapter OneArticle 1: Name of the Organization. – The name of the network of

parliamentarians under this Constitution shall be South East Asia Parliamentarians Against Corruption, or SEAPAC for short.

Article 2: Nature of the Organization. – SEAPAC is a non-profit international organization whose main purpose is to bring together parliamentarians, both in representation of their respective parliaments and individually, and former parliamentarians and international organizations and individuals in South East Asia for the purpose of combating corruption and promoting transparency and accountability, to ensure observance of high standards of integrity in public management and governance.

SEAPAC shall exist and operate as the regional chapter in South East Asia of the Global Organization of Parliamentarians Against Corruption (GOPAC) based in Ottawa, Canada.

Article 3: Offices of the Organization. – The first office of SEAPAC shall be situated in Manila, Philippines.

The location of subsequent offices shall correspond to the country of residence of the elected President of SEAPAC.

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Article 4: Objectives. – The objectives for which SEAPAC is established are:

a. To strengthen the capacity of parliaments and parliamentarians in South East Asia to supervise the activities of their governments and other State institutions.

b. To work with the national chapters of the SEAPAC in South East Asia in the establishment of standards of conduct that will promote transparency, accountability and good governance.

c. To promote the Rule of Law and the accountability of State institutions.

d. To promote and facilitate exchange of information, knowledge and expertise among its members.

e. To undertake research and share information on lessons learned and best practices in combating corruption.

f. To encourage parliaments and parliamentarians to enact laws that promote good governance, transparency and accountability.

g. To raise general awareness about the problem of corruption in all spheres of society.

h. To support and cooperate with parliamentarians and policy makers in their efforts at devising new ways of combating corruption.

i. To advocate the inclusion of measures to combat corruption in all government programs, and work to boost the capacity of national and regional institutions to tackle corruption effectively.

j. To institute contacts and cooperative work with national, regional and international organizations, parliamentary institutions, civil society and other organizations, and individuals in all areas intended to improve governance, transparency and accountability, and mobilize resources for programs to combat corruption effectively.

k. To do all such other things as are incidental or conducive to the attainment of these objectives.

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Chapter TwoArticle 1: Membership. – The following shall comprise the membership

of SEAPAC:

a. Founding members: These are parliamentarians from South East Asia in attendance at the SEAPAC Conference held in Manila, Philippines on March 31– April 1, 2005.

b. Full Members: These include all parliamentarians in South East Asia who are committed to the objectives of SEAPAC, and who shall apply for membership in the form and manner prescribed by the Executive Committee.

c. Honorary Members: These include experts in anti-corruption work, former parliamentarians, and members of legislative staffs who have a vested interest in the objectives of SEAPAC, upon invitation by the Executive Committee.

If a member of SEAPAC is not reelected to the parliament of his/her country, he/she may retain honorary membership status in SEAPAC, upon invitation by the Executive Committee.

d. Observer Status Members: These will include international organizations and individuals funding and/or supporting the operations and projects of SEAPAC, nominated by any Full Member and subject to approval by the Executive Committee.

Article 2: Code of Conduct of Members. – Each member shall strive to behave in a manner which upholds the integrity of SEAPAC, thus:

a. Each member shall strive to strengthen the commitment and capacity of parliamentarians in South East Asia in their fight against corruption.

b. Members shall actively recruit new membership so as to create and strengthen SEAPAC national chapters in their countries.

c. Members are required to avoid real, potential or perceived conflicts of interest.

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d. Members shall inform the organization of any real, potential or perceived conflict of interest as soon as they become aware of any circumstance that could lead to such conflict.

The Executive Committee will be responsible for examining violations of the values of the organization, and has full authority to decide on the appropriate penalty in any given case.

Article 3: Cessation of Membership. – A member shall cease to be as such upon any of the following grounds:

a. On account of death, removal or voluntary withdrawal from the organization.

b. If he/she fails to fulfill his/her obligations to SEAPAC, or commits any act which amounts to a breach of the objectives of SEAPAC, upon a determination by the Executive Committee.

c. If he/she is convicted of a criminal offense by a competent court.

Chapter ThreeArticle 1: Organs and Offices. – The administrative organs of the

organization are the General Assembly and the Executive Committee, and such other sub-committees as the Executive Committee may create.

Article 2: General Assembly. – The General Assembly shall be composed of up to three representatives of every national parliament represented, who shall serve for a term of two years, and may be re-elected. The President shall preside at the conference of the General Assembly.

The General Assembly shall decide on any matter of importance for the organization, and guide the implementation of its decisions, on the basis of the goals and objectives of the organization.

The quorum for conferences of the General Assembly will be half of its all its members.

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Article 3: Bi-Annual Conference. – The General Assembly will convene in a conference once every two years. It shall coordinate with the GOPAC and its other regional chapters in organizing the conference to which all the members will be invited.

The General Assembly will debate any topic that falls within the objectives of the organization or any other related business matter, and shall decide at its bi-annual conference the following:

a. Consider the reports of the Executive Committee, and decide whether to confer formal approval on its actions;

b. Establish rules for contributions, donations and gifts to the organization;

c. Approve the accounts for the previous year, the annual budget and any complementary items;

d. Consider proposals to amend the Constitution.

Decisions will be taken by a majority of votes. Each member of the General Assembly will have one vote, and the President will cast the deciding vote in case of a tie.

Article 4: Executive Committee. – The members of the General Assembly shall elect an Executive Committee composed of a president, vice-president, a secretary, a treasurer and one member each from the countries represented in the SEAPAC.

The first election will take place on the occasion of the first conference of the General Assembly in Manila, Philippines, and every two years thereafter during the bi-annual conference of the General Assembly.

Article 5: Functions. – The Executive Committee shall have the following functions:

a. Attend to all matters related to the organization, in between the conferences of the General Assembly, except in cases where a responsibility or task has been expressly assigned to another body by the General Assembly.

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b. Approve applications for membership and take decisions regarding the suspension and removal of members.

c. Adopt the organization’s annual program of work and budget.

d. Organize a schedule of activities in conjunction with the Global Organization of Parliaments Against Corruption (GOPAC) and its regional chapters.

e. Report to the General Assembly about the activities of SEAPAC, through a report prepared by the President.

f. Facilitate and promote communications among the members.

g. Apply for loans, collect, receive and spend funds in pursuit of the objectives of the organization; provided, that the Executive Committee’s authority to apply for loans may not be exercised unless the loan is guaranteed with funds or assets belonging to the organization.

h. To expand the funds of SEAPAC in such a manner as they shall consider most beneficial for the purposes of SEAPAC.

i. To make, and from time to time review, revise or repeal regulations as to the management of SEAPAC and the affairs thereof; as to the duties of any officer or employee of SEAPAC; as to the conduct of business by the Executive Committee or any of its sub-committees; and, as to any matter or business within the powers or under the control of the Executive Committee; provided, that the same shall not be inconsistent with this Constitution.

n. To delegate any of their powers to any sub-committee or national chapter.

o. To discipline all officers and employees of SEAPAC.

p. Generally to do all things necessary or expedient for the due conduct of the affairs of SEAPAC not herein otherwise provided for.

The quorum of the Executive Committee will be seven of its members.

Meetings of the Executive Committee may be held through video-conferencing or some other suitable mode. The modes and dates of meetings will be decided by the President.

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Article 6: President. – The President will be the legal representative and chief executive officer of the SEAPAC, and shall hold that position for not than more than one term of two years. At the end of his mandate, the President will be succeeded by a person from a different country.

The President shall supervise and administer the Secretariat. In particular, he shall ensure that the decisions adopted by the Executive Committee or the General Assembly are executed, and enter into contracts on behalf of the organization;

Article 7: Vice-President. – The Vice-President shall perform the duties of the President during the absence or inability of the latter to act, and such other duties as may be assigned to him by the President and the Executive Committee.

Article 8: The Secretariat. – There shall be a Secretariat headed by a Secretary elected by the General Assembly upon nomination by the President. The Secretariat shall assist the President in the day-to-day running of the organization.

The Secretary or, in his absence, a person designated by the President, will keep the minutes of the meetings and sign the minutes and any decisions of the General Assembly, the Executive Committee or by any of its sub-committees.

The Secretariat will be located at the organization’s headquarters in the country where the President resides.

The Secretariat will have the following functions:

a. To man the headquarters of the organization, andact as the organization’s official channel of communication;

b. To keep the list of members, including the national chapters, and encourage new members and affiliates to join;

c. To coordinate and facilitate the activities of the organization’s different bodies and, in particular, to provide support for the Executive Committee and the General Assembly;

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d. To compile and disseminate information on the organization and its members and on any of the national chapters through the website of SEAPAC;

e. To assist in establishing national chapters;

f. To ensure that the members of the organization are well informed about its programs and activities;

g. To maintain contact and coordinate activities between the organization and other groups or institutions; and

h. To coordinate the representation of the organization at international conferences.

Article 9: Treasurer. – The Treasurer shall receive, collect and safely keep, under the direction of the President and the Executive Committee, all funds of the organization; keep proper books of accounts and render reports of receipts and disbursements as may be required; and perform such other duties as may be assigned to him/her by the President.

Article 10: National Chapters. – National chapters may be established in the countries in the South East Asian region by one or more parliamentarians holding membership in SEAPAC. The following shall govern the establishment and operation of national chapters:

a. Each national chapter shall have a constitution that shall not depart from the aims and objectives of, or be inconsistent with, the provisions of this Constitution.

b. National chapters shall seek funding support and undertake activities which uphold the objectives of SEAPAC in their country.

c. National chapters shall be accountable to the General Assembly and the Executive Committee.

d. Each national chapter shall identify a Chapter Head and a corresponding contact office to facilitate communication.

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e. The Chapter Head shall be responsible for all communications with the General Assembly and the Executive Committee, and will be responsible for disseminating information to the members of the national chapter.

f. Where necessary, the Chapter Head shall organize and develop a support structure including a secretariat and an executive committee at the national chapter.

Chapter FourArticle 1: Financial Provisions. – All monies are to be used for

fulfillment of the objectives of SEAPAC. Sources of finance for SEAPAC shall include the following: (a) fund raising from internal and external sources; (b) Donations and grants; (c) Partnerships and agreements with funding organizations; (d) Contributions, including those from governments, corporations and other businesses, international organizations, and individuals; and (e) Self-generation through membership fees to be determined by members and annual subscription by national chapters.

Article 2: Bank Account. – The Executive Committee shall by general resolution keep a bank account in a financial institution of its own choice and all financial transactions shall appear in the name of SEAPAC.

All cheques of the SEAPAC shall be signed by the President and the Treasurer.

Article 3: Accounts and Audit. – (a) The financial year of SEAPAC shall commence form January 1 to December 31; (b) The Executive Committee shall keep proper books of accounts to be audited; (c) Income and expenditure statements shall always be available for inspection and the discussion; and (d) The Secretariat shall produce an Annual Report showing amount and sources of funding received as well as monies spent in the financial year.

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Chapter FiveArticle 1: Amendments and Revisions. – This Constitution may be

amended or revised from time to time by special resolution passed by two-thirds majority votes of members present at the bi-annual conference of the General Assembly.

Any member proposing changes in the Constitution shall reduce the same into writing notifying the Secretary not less than twenty-one(21) days before the date of the conference at which it is to be considered.

The approved changes shall be embodied in the amended constitution.

Article 2: Seal. – The Secretariat shall provide for the safe custody of the seal of SEAPAC. The seal shall only be used by authority of the President. The seal shall be affixed by the Secretary on every document signed by the President and countersigned by the Secretary.

Adopted in Manila, Philippines on March 31, 2005.

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REPORT GOPAC INDONESIAN NATIONAL CHAPTER

Thank you Mr. Chairperson, I have the honour to submit the following report of the GOPAC Indonesian Chapter. Honourable Parliamentarians, Members of SEAPAC, Ladies and Gentlemen, Assalamualaikum Wr. Wb. Indonesia supports the notion that we need to accelerate concerted efforts to curb corruption amid the increasing trends of corruption cases in our region. Based upon that spirit, the Committee for Inter-parliamentary Cooperation the Indonesian House of Representatives held a Workshop on Engaging Parliamentarians in the UNCAC. Following the Workshop, the GOPAC Indonesia National Chapter Anti-Corruption Task Force was established on the 12th of December 2012 through the signing of the Declaration of the Establishment of the National Anti-Corruption Task Force. Honourable Dr. Pramono Anung Wibowo was appointed as the Chairman of the Task Force. Further, to increase our awareness and understanding of the importance of UNCAC's mandate in the global fight against corruption, the House of Representatives worked together with GOPAC to hold a 1-day workshop with the theme of "Political Activities Funding and Anti Money Laundering". The workshop represents our effort to realize the existence our National Chapter and serves as evidence of the active participation of GOPAC Indonesian Chapter in the global anti-corruption war. The workshop was held in Jakarta on 13th of June 2013 and attended by 91 participants from members of the House of Representatives' Committees, guest observers, advisory staffs and journalists. The committee invited a number of international advisors from GOPAC Global Task Force; leaders of national institutions, leaders of the Indonesia House of Representatives committees, and other GOPAC delegates' members to participate as a facilitator and speaker in the workshop. Two topics were selected as the main items in the agenda of the workshop:

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Political Funding and Money Laundering; and Regional Cooperation to Prevent and Combat Money Laundering. In addition of obtaining new knowledge from the presenters and engaging participants in a lively discussion, the workshop has succeeded in establishing a solid foundation of Indonesia GOPAC Task Force. The Organization Structure, Action Plan, and Statute/Bylaws of the Task Force were approved to support the operation of the GOPAC Indonesian Chapter as an organization. It is worth mentioning here that the Action Plan for GOPAC Indonesian Chapter that was approved includes, among others: 1. Organizational reinforcement through the establishment of the statutes/orders of the

GOPAC National Task Force, executive nominations and resources mobilization. 2. Strengthening the policy capacity through improvement in the integrity, capacity and

network of the lawmakers. Taken as a whole, the workshop was held successfully. I shall recap that the workshop demonstrates the participation of the House of Representatives in GOPAC as a manifestation of the commitment to eradicate corruption and to involve in international cooperation with other countries. Honourable Parliamentarians, Members of SEAPAC, Ladies and Gentlemen, In order to create awareness on the establishment of GOPAC Indonesia National Chapter, several measures have been taken. GOPAC Indonesia National Chapter have develop a website and utilize social media, such as Twitter, to communicate programs and activities as well as to appeal to the en masse of population. Socialization of GOPAC Indonesia National Chapter have further made possible by publication of press releases in well known mass media in Indonesia. It is our expectation that GOPAC Indonesia National Chapter could strengthen the work of SEAPAC, and GOPAC per se, as well as build synergy with other National Chapter in the Southeast Asia. Thank you. Wassalamualaikum Wr. Wb.

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http://ksap.dpr.go.id/seapac Twitter @seapacindonesia

General Assembly of the Southeast Asian Parliamentarians Against Corruption (SEAPAC)

“Corrupt-free Southeast Asia: Common Goal, Common Action”

_______________________________________________

23 -24 October 2013 Aryaduta Hotel, Medan – North Sumatera

PROGRAMME

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Page 2 of 6 http://ksap.dpr.go.id/seapac Twitter @seapacindonesia

Tuesday, 22 October 2013

-------------------------------------------------------------------------------------------------------------------- Arrival of Delegates -------------------------------------------------------------------------------------------------------------------- 2.00 – 6.00 p.m. Registration -------------------------------------------------------------------------------------------------------------------- 7.00 p.m. Welcome Dinner hosted by Acting Mayor of Medan, Mr. Dzulmi Eldin S Venue: Hotel Grand Aston --------------------------------------------------------------------------------------------------------------------

PROGRAMME for Day One – Wednesday, 23 October 2013

-------------------------------------------------------------------------------------------------------------------- 8:00 a.m. Registration -------------------------------------------------------------------------------------------------------------------- 9:00 a.m. Opening Session Venue: Ballroom 1

• Welcome Remarks Dr. Pramono Anung Wibowo, Chairman of Indonesian GOPAC National Chapter/Vice Speaker of the Indonesian House of Representatives

• Remarks Dr. Amir Syamsuddin, Minister of Justice and Human Rights

• Remarks Mr. John Hyde, MP, Member of GOPAC Board of Directors

• Opening Remarks Dr. Marzuki Alie, Chairman of SEAPAC/Speaker of the Indonesian House of Representatives

Photo session

-------------------------------------------------------------------------------------------------------------------- 10:30 a.m. Coffee/Tea Break --------------------------------------------------------------------------------------------------------------------

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10:45 a.m. FIRST SESSION OF THE SEAPAC GENERAL ASSEMBLY Venue: Ballroom 2 Chair : Dr. Marzuki Alie, Chairman of SEAPAC/Speaker of the

Indonesian House of Representatives

− Nomination and Appointment of Vice Chairpersons and Rapporteur of the Assembly

Chair : Dr. Pramono Anung Wibowo, Chairman of Indonesian GOPAC National Chapter/Vice Speaker of the Indonesian House of Representatives

− SEAPAC Organizational Meeting, discussion on:

1) Board Member Introduction and induction of new SEAPAC members and election of the SEAPAC Executive Board and officers

2) Follow up of SEAPAC Action Plan 3) Reports of National Chapters 4) Vacancies in GOPAC: 2 (two) representatives from SEAPAC

-------------------------------------------------------------------------------------------------------------------- 13:00 p.m. Lunch Break Venue: Ballroom 1 -------------------------------------------------------------------------------------------------------------------- 2:00 p.m. SECOND SESSION OF THE SEAPAC GENERAL ASSEMBLY Venue: Ballroom 2 Presentation and Debate on:

1) Political patronage & its impact on corruption (a cross national perspectives on anti-corruption mechanism) Chair : Mr. Mohamad Sohibul Iman, Ph.D., Vice Speaker of the

Indonesian House of Representatives Presentations by: Regional Representatives of: GOPAC Oceania : Mr. Matthew F. Benson Lidholm ARPAC (Arab region ) : Mr. Ali Al Ansi, MP

Question and answer

-------------------------------------------------------------------------------------------------------------------- 3:30 p.m. Coffee/Tea Break --------------------------------------------------------------------------------------------------------------------

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3:45 p.m. – Presentation and Debate (continued) 6.00 pm

2) Gender, culture and corruption Sub theme: Is corruption a culture and sexist? How gender alters corrupt behavior? Chair : Dr. (Hc) Siswono Yudo Husodo, MP, Vice Chairman of the

Committee for Ethics of the Indonesian House of Representatives

Presentations by: Dr. Nurhayati Ali Assegaf, MP, President of the IPU Coordinating

Committee of Women Parliamentarians, Chair of the GOPAC Participation of Society Global Task Force

Datin Paduka Intan Kassim, Chair of ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC)

Mr. Giri Suprapdiono, Gratification Director of the Corruption Eradication Commision

Question and answer

3) Mobilising people: connecting agents of change

Chair : Mr. Andi Anzhar Cakra Wijaya, MP Vice Chairman of the

Committee for Inter-Parliamentary Cooperation of the Indonesian House of Representatives

Presentations by: Mrs. Eva Kusuma Sundari, MP, Member of the House of

Representatives of the Republic of Indonesia and Member of the GOPAC Parliamentary Oversight Global Task Force: connecting constituents

Mrs. Natalia Soebagjo, Chair of Executive Board of Transparency International Indonesia (follow up to the Brasilia Declaration/ 15th IACC, 2012)

Mr. Kornelius Purba, Managing Editor at Jakarta Post

Question and answer -------------------------------------------------------------------------------------------------------------------- 7:00 p.m. Dinner hosted by Chairman of SEAPAC/Speaker of the Indonesian House

of Representatives, Dr. Marzuki Alie Venue: Washington, New York, California Room- JW Marriot Hotel Medan --------------------------------------------------------------------------------------------------------------------

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PROGRAMME for Day Two – Thursday, 24 October 2013

-------------------------------------------------------------------------------------------------------------------- 9:00 a.m. Presentation and Debate (continued)

4) Restoring Public Trust Sub theme: Integrity in Electoral System Political Party Accountability Chair : Mr. Priyo Budi Santoso, Vice Speaker of the Indonesian House of Representatives Presentations by: Dr. Pramono Anung Wibowo, Vice Speaker of the House of

Representatives of the Republic of Indonesia and Chairperson of the Indonesian GOPAC National Chapter

Mr. Prakob Chirakiti, MP, Member of the House of Representatives of the Thai National Assembly

Mr. Tan Sri Abu Zahar Ujang, President of Senate Malaysia Mr. Andrew Ellis, IIDEA (International Institute for Democracy

and Electoral Assistance), Director for The Asia and Pacific Question and answer

-------------------------------------------------------------------------------------------------------------------- 10:30 a.m. Coffee Break -------------------------------------------------------------------------------------------------------------------- 10:45 a.m. THIRD SESSION OF THE SEAPAC GENERAL ASSEMBLY

Chair : Dr. Pramono Anung Wibowo, Chairman of Indonesian GOPAC National Chapter/Vice Speaker of the Indonesian House of Representatives

Discussion and Adoption of Medan Declaration (Moving Forward:

Priority Issues for Global Action Report of Chairman of SEAPAC Closing Remarks

Press Conference

-------------------------------------------------------------------------------------------------------------------- 1:00 - 2:30 p.m. Luncheon hosted by Chairman of Indonesian GOPAC National Chapter, Dr. Pramono Anung Wibowo Venue: The Heritage, Grand Aston City Hall Hotel -------------------------------------------------------------------------------------------------------------------- 2:30 – 4:00 p.m. Brief Medan City Tour

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-------------------------------------------------------------------------------------------------------------------- 7:00 p.m Cultural Dinner hosted by Mr. Gatot Pujo Nugroho, Governor of

North Sumatera Venue: Governor Residence --------------------------------------------------------------------------------------------------------------------

Friday, 25 October 2013

-------------------------------------------------------------------------------------------------------------------- Departure of Delegates

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LIST OF PARTICIPANTS SOUTHEAST ASIAN PARLIAMENTARIANS AGAINST CORRUPTION (SEAPAC)

23 – 24 OCTOBER 2013, MEDAN – NORTH SUMATRA

Brunei Darussalam Hon. Haji Mohd. Shafiee Ahmad Member of Brunei Legislative

Council/Head of Delegation Hon. Haji Ramli Haji Lahit Member of Brunei Legislative

Council Dato Abd. Salam Momin Clerk II (second) to the

Legislative Council Ms. Siti Bismi Nuruliman Emzah Advisor/Secretary Mr. Khairul Yusrin Haji Abd. Rahman Advisor/Secretary Cambodia Hon. Mr. Sok Ey San Member of Parliament/Vice-

Chairman of Commission on Human Rights Reception of Complaints Investigation nad National Assembly-Senate Relation/Head of Delegation

Hon. Mr. Men Kuon Member of Parliament/Member of Commission on Foreign Affairs, International Cooperation, Information and Media

Mr. Lek Kosal Secretary/Official of Department of International Relation

Mr. Mak Sokhim Assistant to Commission on Human Rights Reception of Complaints, Investigation and National Assembly – Senate Relation

Indonesia HE. Dr. H. Marzuki Alie Speaker of the Indonesian

House of Representatives/ HOD

HE. Dr. Pramono Anung Wibawa Vice Speaker of the Indonesioan House of Representatives/Chairman of

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GOPAC Indonesia National Chapter

HE. Mohamad Sohibul Iman, Ph.D. Vice Speaker of the Indonesian House of Representatives

Hon. Dr. Surahman Hidayat Member of Parliament/ Chaiperson of the Committee for Inter-Parliamentary Cooperation

Hon. Mr. Andi Anzhar Cakra Wijaya Member Parliament/ Vice-Chaiperson of the Committee for Inter-Parliamentary Cooperation

Hon. Dr. Nurhayati Ali Assegaf Member of Parliament Hon. Dr. Pieter C. Zulkifli Simaboea Member of Parliament Hon. Mrs. Ida Ria Simamora Member of Parliament Hon. Dr. (HC) Siswono Yudohusodo Member of Parliament Hon. Dr. Azis Syamsudin Member of Parliament Hon. Mr. Dodi Reza Alex Noerdin Member of Parliament Hon. Ms. Meutya Viada Hafid Member of Parliament Hon. Mr. Daniel Lumbantobing Member of Parliament Hon. Dr. Eva Kusuma Sundari Member of Parliament Hon. Mr. Fahri Hamzah Member of Parliament Hon. Mr. Ahmad Yani Member of Parliament Hon. Mr. Muhammad Najib Member of Parliament Hon. Mr. Sarifuddin Sudding Member of Parliament Lao PDR Hon. Dr. Bounpone Sisoulath Head of Delegation/Member of

Parliament/Vice-Chairman of the Economy Planning and Finance Committee

Mr. Pathong Sourivong Officer of Lao Embassy to Indonesia

Malaysia HE. Mr. Tan Sri Abu Zahar Ujang President of Senate/Head of

Delegation Hon. Mr. Dato Abdul Rahim Abdul Rahman Member of Parliament Hon. Mr. Datuk Kadzim M. Yahya Member of Parliament Hon. Mr. Datuk Subramaniam Veruthasalam Member of Parliament Hon. Mr. Lihan Jok Member of Parliament Hon. Mrs. Datuk Hajah Noriah Mahat Member of Parliament Hon. Mrs. Datuk Raja Ropiaah R. Abdullah Member of Parliament Hon. Mr. Dato Boon Som Inong Member of Parliament Mr. Saleh Abas Secretary Mr. Othman Majid Secretary Mr. Badrul Shah Norman Senior Assistant Mr. Ismajuri Ismail Assistant Thailand HE. Mr. Surachai Liengboonlertchai Head of Delegation/First Vice

President of the Senate

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Hon. Mr. Prakob Chirakiti Member of the House of Representatives

Hon. Ms. Theerarat Samrejvanich Member of the House of Representatives

Hon. Mr. Jetn Sirathranont Member of the Senate Mrs. Sumalee Khamhirun Secretary Mrs. Pittayaporn Bangphra Assistant Secretary Mrs. Tanyathorn Udomsirisuk Assistant Secretary Timor Leste HE. Mr. Adérito Hugo da Costa Vice-President of the National

Parliament/Head of Delegation Hon. Ms. Izilda Soares Pereira da Luz Vice-President of Committee of

Finance/Member of Parliament Hon. Ms. Virginia Ana Belo Member of GOPAC/Member of

Parliament Hon. Ms. Benvinda Catarina Rodrigues President of the Frente-

Mudança Bench/Member of Parliament

Hon. Ms. Maria Da Lurdes Bessa Member of Parliament Mrs. Ligia Exposto Member of GOPAC Regional Chapter Hon. Mr. Ali Al Ansi ARPAC (Arab Region)/Member

of Parliament Hon. Mr. Matthew F. Benson-Lidholm GOPAC Oceania/ Member

Parliament Mr. Kedar Khadka SAPAC (South Asia) Speakers Hon. Prof. Denny Indrayana Deputy Minister of Justice and

Human Rights Hon. Mr. John Hyde Member of GOPAC Board of

Directors Mr. Andrew Ellis Director of Asia – Pacific of

International Institute for Democracy (IIDEA)

Hon. Dr. Nurhayati Ali Assegaf President of the IPU Coordinating Committee of Women Parliamentarians

Mrs. Datin Paduka Intan Kassim Chair of ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC)

Mr. Giri Suprapdiono Director for Graft Control and Prevention/ The Indonesia’s Corruption Eradication Commission

Ms. Natalia Soebagjo Transparency International Indonesia (TII)

Mr. Kornelius Purba The Jakarta Post

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GOPAC Hon. Mr. Dato Kamarudin Jaffar Member of GOPAC/Member of

Parliament Ms. Ann Marie Paquet GOPAC Global Secretariat/

Communications Manager Guest of the Host Mr. P.O Ram Secretary General of AIPA

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Opening Remarks of the Speaker of DPR RI / The General Assembly of the Southeast Asian Parliamentarians Against Corruption (SEAPAC) / Medan – North Sumatera, 23 – 24 October 2013 Page 1

OPENING REMARKS

The Speaker of the House of Representatives of

the Republic of Indonesia / President of SEAPAC, period of 2013 - 2015

DR. H. MARZUKI ALIE

The General Assembly of

the Southeast Asian Parliamentarians Against Corruption (SEAPAC)

Medan – North Sumatera - Indonesia, 23 – 24 October 2013

Your Excellencies Speakers and Deputy Speakers of Parliaments in the Southeast Asian

region,

Honourable Vice Minister of Justice and Human Rights of the Republic of Indonesia Prof.

Denny Indrayana,

Honourable Mr. John Hyde, Chairman of GOPAC Oceania,

Honourable Vice Governor of North Sumatera Mr. Tengku Erri Nuradi,

Honourable Members of Parliaments in the Southeast Asia,

Distinguished Guests, Ladies and Gentlemen,

Assalamuálaikum warohmatullahi wabarokaatuh.

"Peace be upon all of you and may Allah bestow His Mercy and Blessings”

This is a privilege for me to be here and to talk to fellow members of parliaments in the Southeast

Asian region in the event of the General Assembly of the Southeast Asian Parliamentarians

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Opening Remarks of the Speaker of DPR RI / The General Assembly of the Southeast Asian Parliamentarians Against Corruption (SEAPAC) / Medan – North Sumatera, 23 – 24 October 2013 Page 2

Against Corruption (SEAPAC), with this year’s theme : “Corrupt-free Southeast Asia : Common

Goal, Common Action”. As the President of SEAPAC for the period of 2013 – 2015 and the

Speaker of the Indonesian House of Representatives, I would like to welcome all of you to this

two-day event, the General Assembly of the Southeast Asian Parliamentarians Against

Corruption (SEAPAC) in Medan – Indonesia. I hope that our meeting here will bring positive

results and create fruitful outputs to our peoples in the Southeast Asian region.

We gather today to discuss efforts that we can take to further strengthen our commitments and

strategies for establishing a corrupt-free Southeast Asia, by achieving good governance and

establishing a strong anti-corruption regime within the Southeast Asia. Moreover, in the context

of ASEAN organization, it is approaching to reach its main agenda, the establishment of ASEAN

Community in 2015.

As the parliamentarians that have the mandate and aspirations from the peoples of ASEAN, we

have to do our best in achieving a corrupt-free Southeast Asia as well as in our participation to

promote the comprehensive and effective implementation of the United Nations Convention

against Corruption (UNCAC), as well as other international law cooperation on corruption-

preventive mechanism, penalties, asset recovery, and anti-money laundering. As for Indonesia, it

has ratified UNCAC through the law number 7 / 2006 and produced a National Strategy on

Fighting against Corruption through the Presidential Decree number 55 / 2012. Our active

involvement in SEAPAC will contribute to the global campaign in the fight against corruption.

Apart from that, we also recognize the significant roles that women can do in terms of fighting

against corruption through their strategic positions in politics and public sector, as well as

through their constituents. The women’s roles are getting more significant as many more women

parliamentarians are involved in politics today.

Following the deliberation of Brasilia Declaration of the 15th edition of the biennial International

Anti-Corruption Conference (IACC) in November 2012, we also need to highlight and follow up

the importance of connecting agents of change, individuals with integrity and competency, to

support and promote transparency and accountability of government activities in every level, as

there will be no effective results if the man behind the operation is a crook ; as mentioned by

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Opening Remarks of the Speaker of DPR RI / The General Assembly of the Southeast Asian Parliamentarians Against Corruption (SEAPAC) / Medan – North Sumatera, 23 – 24 October 2013 Page 3

Tacitus, a well-known Roman historian, “in a state where corruption abounds, laws must be very

numerous”.

Problems of corruption in the Southeast Asia are still serious, as indicated in the Corruption

Perception Index (CPI) released by the Transparency International (TI). We see the different

scores that ASEAN countries can reach in terms of the corruption perception index in 2012. This

is a great challenge for any ASEAN countries that remain in low grade of corruption perception

index. I think we are open for exchange of experiences, information and best practices from our

fellow ASEAN Countries that have been advanced in addressing combats against corruption.

Corruption is an extraordinary crime that engenders various harmful impacts to the society.

Corruption impedes effective resource mobilization and allocation for poverty eradication, fight

against famine, and achievement of sustainable development. We have to make the issues of

corruption become no longer relevant for the peoples of ASEAN, as the issues will no longer

prevail. We have to establish effective cooperation among us, thanks to our geographical

proximity and embedded similarity in terms of socio-cultural aspects that we have in ASEAN. The

issue of corruption is our great-but-ironic challenge for our societies in ASEAN.

As for Indonesia, it has to work harder for a better achievement in this regard. However, we have

a strong modality and commitment to our respective peoples to bring a corrupt-free Southeast

Asia into a reality.

As the Speaker of Indonesian House of Representatives and the President of the Southeast Asian

Parliamentarians against Corruption (SEAPAC), I would also like to highlight the ineluctable

essential prerequisite in fighting against corruption, that is, the morality and integrity of the

individual, including a parliamentarian.

"Power does not corrupt men; fools, however, if they get into a position of power, corrupt power”.

This nice quote is from George Bernard Shaw. This categorizes those who did corruption are

fools. Power is just a tool to establish righteousness, justice, and prosperity for the people. It

depends on the user, how he/she will use it. Power will be very valuable if good people are

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Opening Remarks of the Speaker of DPR RI / The General Assembly of the Southeast Asian Parliamentarians Against Corruption (SEAPAC) / Medan – North Sumatera, 23 – 24 October 2013 Page 4

behind of it. It will create righteousness, justice and prosperity for the people. Further, it will also

create life of happiness and tranquility for the people who are living alongside the good people in

power.

Power is just a formal tool stipulated in constitution as well as bylaws. We, the users, are those

who will set the image of power in front of the public. And, therefore, we gather here today in

Medan – North Sumatera Indonesia, to reaffirm our commitment by exchanging lessons learned

and to produce a powerful declaration, that power should be used only for the sake of

establishment of righteousness and justice that bring goodness to our peoples.

In this prestigious moment, please allow me to quote from a Muslim Holy book, the Qurán, verse

188 sura Al-Baqarah :

“And do not eat up your property among yourselves for vanities, nor use it as bait for the judges,

with intent that ye may eat up wrongfully and knowingly a little of (other) people's property.”

Your Excellencies Speakers and Deputy Speakers of Parliaments in the Southeast Asian

region,

Honourable Vice Minister of Justice and Human Rights of the Republic of Indonesia Prof.

Denny Indrayana,

Honourable Mr. John Hyde, Chairman of GOPAC Oceania,

Honourable Vice Governor of North Sumatera Mr. Tengku Erri Nuradi,

Honourable Members of Parliaments in the Southeast Asia,

Distinguished Guests, Ladies and Gentlemen,

By saying “Bismillahirrohmannirohim”, in the name of Allah, Most Gracious, Most Merciful,

as the President of the Southeast Asian Parliamentarians Against Corruption (SEAPAC) and the

Speaker of the House of Representatives of the Republic of Indonesia, I declare the General

Assembly of the Southeast Asian Parliamentarians Against Corruption (SEAPAC), conducted

in Medan - North Sumatera Indonesia, from 23 to 24 October 2013, open.

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Opening Remarks of the Speaker of DPR RI / The General Assembly of the Southeast Asian Parliamentarians Against Corruption (SEAPAC) / Medan – North Sumatera, 23 – 24 October 2013 Page 5

Thank you.

Wassalamu’alaikum warohmatullahi wabarokaatuh.

"Peace be upon all of you and may Allah bestow His Mercy and Blessings”.

Jakarta, 23 October 2013

The House of Representatives

The Republic of Indonesia

Dr. H. Marzuki Alie

Speaker

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1

WELCOME REMARKS

Vice Speaker of the House of Representatives of the Republic of Indonesia /

Chairman of the Indonesian GOPAC National Chapter

DR. H. PRAMONO ANUNG WIBOWO, MM

General Assembly

the Southeast Asian Parliamentarians Against Corruption (SEAPAC)

Medan – Sumatera Utara, 23 – 24 October2013

Honourable Chair of the South East Asian Parliamentarians against Corruption (SEAPAC), the

Speaker of the Indonesian House of Representatives, Dr. Marzuki Alie;

Honourable Vice Minister of Law and Human Rights of the Republic of Indonesia, Prof Denny

Indrayana;

Honourable Governor of North Sumatra, Mr Gatot Pujo Nugroho;

Honourable Acting Major of Medan, Mr Dzulmi Eldin S;

Honourable Member of GOPAC Board Directors, Mr John Hyde, MP;

Honourable Speakers, Deputy Speakers and Members of parliaments of Southeast Asian Countries;

Distinguished Guests;

Ladies and Gentlemen;

Good Morning and welcome to all of you,

First of all, on behalf of the House of Representatives and the people of Indonesia,

I am pleased to extend a very warm welcome to all of you to Medan, North Sumatera, Indonesia.

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2 This is a very impressive gathering of the members of the South East Asian Parliamentarians against

Corruption (SEAPAC), who take their lead against corruption.

It is also a momentous meeting, a decade ago in 2003, the United Nations Convention against

Corruption (UNCAC)—as the most well-known legally binding instrument on anti-corruption—

has been adopted.

I would also like to thank you for making yourselves available to serve as members of SEAPAC and by

that, we have joined the global coalition of parliamentarians against corruption through GOPAC.

Ladies and Gentlemen,

We all share a vision of a strong anti-corruption and good governance regime.

A vision of a government that has integrity and morality in serving the public, providing the best

for its citizens, enacting transparency and accountability in day-to-day basis of their

administrations.

The Indonesian Parliament takes such vision deeply by bringing it to the foundation of the establishment

of Indonesia GOPAC National Chapter.

We are aware that despite of our multi-political background, each of us is inspired by the global

anti-corruption movement of GOPAC.

As a national chapter, we, in Indonesia, are aware that the key to success in promoting a strong anti-

corruption regime is not just by taking this role all alone.

We need more inspiring stories, best practices, advisory support, moral boost; you name it,

from those who have succeeded in implementing their national chapter’s role in curbing

corruption and knowledge from other relevant stakeholders.

It is why when GOPAC had its last meeting in Philippines on 31 January 2013, we were keen to have

stronger inter-parliamentary cooperation with other national chapters, and more, to be involved in

promoting a zero-tolerance of corruption.

Friends and colleagues,

The pathway to zero-tolerance of corruption in our region is a bumpy road.

It is not a fast-track measure.

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3 The rating of Corruption Perception Index (CPI) published annually by Transparency International

depicts our position within the global situation of anti-corruption regime.

Challenges are ahead of us, including those of political reform and law strengthening;

apparatus integrity building;

and governance improvement.

Not to mention that corruption is not just a domestic issue.

Corruptors may flee to another country when they found themselves guilty or at least

allegedly involved.

Finding these cowardly fugitives requires assistance from other countries, international law agency

services and inter-jurisdictional support.

For some cases.., if we do not want to use the word most.., corruption is a crime which then followed by

the activity of Money Laundering, a cross-border activity.

All of these require effective and functional state-to-state and international cooperation frameworks as

well as independent agent-to-agent linkage which are essential for the successful work against corruption.

After all, the UNCAC and UN Convention on Transnational Crime have made it clear that

corruption: is a trans-national crime.

Distinguished Guests,

SEAPAC is an organization where parliamentarians should focus solely to combat corruption.

Where they find that morality, integrity, ethics, anti-corruption law, anti-money laundering law,

and good governance dialectics may benefit for their future knowledge.

With our role, as parliamentarians, the caretaker of people’s aspiration, we have a significant impact in

promoting efforts towards anti-corruption.

We have our backup, a significant amount of constituents who support us in making the

government aware that they are being watched.

We move and coordinate the people by playing the role of public and/or political figure in the basis of our

constituency.

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4 Just as the Brasilia Declaration which adopted in the 15th International Anti-Corruption Conference

(IACC), of which I have personally attended the forum, stated that:

“Citizens, acting in coordination, can more effectively challenge governments, corporations, financial

institutions, sports bodies or international organisations that neglect their duty towards them.”

Of course there are many judgment pinned to the parliamentarians that they are at the centre of corruption

scandals.

But I am sure that all of you here would prefer to opt as part of solution.

Distinguished members of SEAPAC,

When SEAPAC proposed a discussion to have a General Assembly in Indonesia, we were more than

delighted to have it here.

It was all under our aforementioned passion to pursue stronger inter-parliamentary

cooperation.

As for Indonesia, this meeting will be of useful as we take corruption as a serious and extraordinary crime

plaguing all levels of society, including that of trias-politica branches of power.

We do not want to cause more agony due to the cause of the loss of public resources.

We do not want to make trias-politica to become trias-corruptica.

We have a two full days ahead of us to discuss every aspects of this sexy issue of corruption.

There will be a number of panellists from respective speakers from parliamentarians, NGOs

and international and/or regional organization representatives.

Therefore, as I mentioned earlier, let us share more inspiring stories, best practices, advisory support,

moral boost; you name it, so that we can take stock of knowledge in boosting stronger anti-corruption

regime within our respective countries and forge stronger regional alliances in fighting against corruption.

I have every confidence that in the end of our meeting, the notion of a strong anti-corruption and good

governance regime will be translated into what is best for the people.

Thank You.

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Apabila diperlukan

SAMBUTAN MENHUKHAM PADA OPENING SESSION

SIDANG UMUM SOUTHEAST ASIAN PARLIAMENTARIANS AGAINST CORRUPTION (SEAPAC)

Medan, 23 Oktober 2013

Bismillahhirrahmanirrahim Assalamu’alaikum wr. wb. Yang saya hormati, Dr. Pramono Anung selaku Ketua National Chapter GOPAC-Indonesia Mr. John Hyde, Perwakilan Pimpinan GOPAC Dr. Marzuki Alie, Ketua DPR RI selaku Ketua SEAPAC Para Pimpinan dan Anggota Parlemen serta hadirin yang saya hormati Pertama-tama ijinkan saya menghaturkan terima kasih atas kesempatan yang diberikan kepada saya untuk menyampaikan sambutan pembukaan atas nama pemerintah Indonesia pada Sidang Umum SEAPAC yang penting ini. Kepada seluruh hadirin, saya ucapkan selamat datang di kota Medan yang indah dan bersejarah serta kaya akan ragam budaya dan kuliner. Pemerintah Indonesia memandang pertemuan ini memiliki makna penting dan strategis karena parlemen negara-negara Asia Tenggara sebagai bagian dari forum parlemen global anti korupsi kembali bertemu guna membahas dan meningkatkan upaya dan kontribusi berkelanjutan dalam memerangi korupsi dalam segala bentuk dan manifestasinya. Kita memahami, pemberantasan korupsi merupakan bagian yang tidak terpisahkan dari prinsip dan nilai demokrasi yang bersandarkan pada akuntabilitas, transparansi, efisiensi, good governance dan penegakan hukum. Dalam kaitan itu, perlu diapresiasi bahwa parlemen sebagai pilar penting dalam demokrasi dan wakil rakyat turut memelopori pemberantasan korupsi bersama pemerintah dan segenap elemen masyarakat madani. Hadirin yang saya hormati, Korupsi merupakan fenomena sosial, budaya, politik dan ekonomi yang kompleks yang mempengaruhi semua negara. Korupsi melemahkan institusi demokrasi, memperlambat pembangunan ekonomi dan berpengaruh pada stabilitas dan efektivitas pemerintahan. Mengingat forum ini telah lama mendedikasikan diri bagi pemberantasan korupsi maka saya tidak akan berteori mengenai isu korupsi. Dalam kesempatan ini saya akan menyampaikan beberapa masukan sebagai sumbangan pemikiran untuk pembahasan lebih lanjut dalam Sidang Umum hari ini dan besok.

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Saya akan menyampaikan tiga hal yaitu pertama, berbagi pengalaman dari lessons-learned kebijakan dan perkembangan pemberantasan korupsi di Indonesia; kedua, melihat perspektif Indonesia dalam kerja sama pemberantasan korupsi antarnegara; dan ketiga, masukan bagi upaya pemberantasan korupsi agar lebih efektif di Asia Tenggara. Poin pertama, tidak ada satu negara dan bangsa yang kebal dan bebas dari korupsi dan Indonesia tidak terkecuali. Reformasi yang bergulir sejak tahun 1998 memberikan harapan dan komitmen baru untuk mewujudkan Indonesia yang semakin bersih dari korupsi sebagai bagian dari nilai demokrasi yang bersendikan pada good governance, penegakan hukum dan hak asasi manusia. Indonesia berkomitmen untuk memerangi korupsi secara menyeluruh dengan memperkuat pencegahan, penegakan hukum, asset recovery, dan kerja sama internasional termasuk ekstradisi dan bantuan hukum timbal balik. Didorong oleh kesadaran bahwa korupsi adalah masalah bangsa, maka seluruh elemen bangsa ini merapatkan langkah untuk memberantas korupsi secara komprehensif. Pemerintah dan parlemen juga bekerja sama antara lain untuk membenahi regulasi melalui undang-undang, dan meningkatkan sumber daya bagi pemberantasan korupsi. Pada tataran kelembagaan, Indonesia terus meningkatkan peran, koordinasi dan sinergi antar lembaga penegak hukum. Sebagai bagian dari penguatan kelembagaan tersebut, Komisi Pemberantasan Korupsi telah berperan penting lebih dari satu dekade sejak pembentukannya tahun 2002. Tidak berlebihan apabila ada yang berpendapat bahwa Komisi Pemberantasan Korupsi telah menjadi salah satu simbol reformasi dan komitmen kuat Indonesia dalam memerangi korupsi. Terkait legislasi, guna menyelaraskan ketentuan rezim hukum anti korupsi dengan Konvensi PBB menentang Korupsi (UNCAC) dan dalam rangka mempercepat upaya pencegahan dan pemberantasan korupsi, Indonesia telah menetapkan Strategi Nasional Pemberantasan Korupsi melalui Perpres No. 55 Tahun 2012. Indonesia meyakini bahwa keberhasilan pemberantasan korupsi hanya dapat dicapai melalui langkah-langkah yang berkelanjutan, sistemik dan tidak diskriminatif, disertai komitmen politik yang kuat. Banyak kemajuan telah dicapai berkat dedikasi aparat penegak hukum yang menjadi ujung tombak dalam memberantas korupsi. Selain penegakan hukum, langkah pencegahan terus ditingkatkan seperti reformasi birokrasi dengan melakukan pembaruan dan perubahan mendasar terhadap sistem penyelenggaraan pemerintahan terutama menyangkut aspek-aspek kelembagaan, ketatalaksanaan dan sumber daya manusia aparatur. Partisipasi masyarakat juga terus menunjukkan kencenderungan positif dengan peningkatan laporan terkait dengan dugaan korupsi. Berbagai upaya tersebut secara perlahan membangun kesadaran kolektif untuk menolak korupsi.

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Meskipun korupsi masih merupakan ancaman bagi kemajuan pembangunan dan common good, hasil-hasil yang dicapai menunjukkan Indonesia terus berbenah dan bergerak menuju Indonesia yang bersih dari korupsi.

Hadirin yang saya hormati Poin kedua, sebagaimana diakui dalam UNCAC, korupsi telah menjadi isu transnasional baik sisi pencegahan, asset recovery maupun pelaku korupsi. Oleh karena itu, pemberantasan korupsi harus didukung kerja sama antarnegara yang efektif. Salah satu makna penting dari UNCAC dan juga forum SEAPAC ini adalah membangun kerja sama pemberantasan korupsi antar negara melalui jaringan formal dan informal serta komitmen untuk menjadikan korupsi sebagai musuh bersama. Kerja sama tersebut dapat meliputi pertukaran best practices and lessons learned, pertukaran informasi, peningkatan kapasitas, harmonisasi regulasi, bantuan hukum timbal balik termasuk dalam penyelidikan, penyidikan, asset recovery, dan ekstradisi pelaku tindak pidana korupsi antarnegara. Patut disyukuri bahwa semua negara anggota ASEAN dan juga Timor Leste telah menjadi negara pihak pada UNCAC yang merupakan acuan bersama melawan korupsi. Upaya pada tingkat nasional perlu didukung dan diselaraskan dengan hasil kerja pada tingkat regional dan global termasuk implementasi UNCAC. Kita mengetahui bahwa asset recovery merupakan capaian penting dalam UNCAC. Isu tersebut juga menjadi pokok bahasan dalam Sidang Umum ini dan diharapkan menjadi salah satu hasil yang akan dituangkan dalam Deklarasi Medan. Untuk itu, saya menghimbau agar SEAPAC dapat mencari terobosan supaya ketentuan dalam UNCAC mengenai asset recovery serta ekstradisi dapat dilaksanakan secara efektif di kawasan Asia Tenggara. Mari kita jadikan semangat dan kerja sama anti korupsi menjadi nilai dan norma dalam komunitas ASEAN yang akan segera kita bentuk. Hadirin yang saya hormati, Dalam perang melawan korupsi yang berkesinambungan, peranan SEAPAC akan terus dibutuhkan. Patut dipertimbangkan agar SEAPAC, ASEAN bekerjasama dengan AIPA (ASEAN Inter-Parliamentary Assembly), dapat pula mengembangkan semacam indikator kemajuan pemberantasan korupsi di kawasan. Peringatan Hari Anti Korupsi Internasional tanggal 9 Desember setiap tahunnya dapat dimanfaatkan sebagai momentum untuk meningkatkan kepedulian dan dukungan semua anggota parlemen dari pusat hingga ke daerah bagi pemberantasan korupsi dengan pelibatan masyarakat madani.

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Hadirin yang saya hormati, Sebelum mengakhiri sambutan ini saya ingin menyampaikan bahwa pemerintah Indonesia berharap agar melalui Sidang Umum SEAPAC ini kita semua dapat meningkatkan upaya pemberantasan korupsi baik pada tingkat nasional, regional maupun global. Sebagai sesama negara pihak pada UNCAC, sudah sepatutnya SEAPAC dalam kemitraan dengan pihak-pihak terkait dan para pemangku jabatan dapat melakukan langkah-langkah nyata bagi pencegahan, penegakan hukum, asset recovery, ekstradisi, dan kerja sama internasional dalam pemberantasan korupsi. Akhirnya, saya mengucapkan selamat melaksanakan Sidang Umum dengan keyakinan bahwa pertemuan ini berjalan lancar dan berhasil baik. Terima kasih. Wassalamu’alaikum Wr. Wb.

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Post‐2015 Implementationp

The Role of Parliamentarians in the Fight Against Corruption

Presented by:

John HydeBoard Member, GOPACChair, GOPAC OceanieOctober 7, 2013

The Impact of Corruption on the MDGs

• $1 trillion is paid in bribes every year (World Bank)

M lti ti l i i lit $2 1 t illi• Multinational criminality moves $2.1 trillion per year across borders (UNODC)

• Governments lose $3.1 trillion per year because of tax evasion (Tax Justice Network)

By comparison, meeting the much‐vauntedBy comparison, meeting the much vaunted Millennium Development Goals would cost no more 

than $481 billion in development.

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Post‐2015 Goal on Governance

Goal 10Ensure good governance and effective institutions.

e) To reduce bribery and corruptionand ensure officials can be 

held accountable.

GOPAC Modus Operandi

• The role of parliamentarians in anti‐corruption effortscorruption efforts

• GOPAC consists of:• 700 members• 48 National Chapters

l h• 5 Regional Chapters

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Our Successes 

• Implemented significant amendments to anti‐money laundering laws in the Philippines

• Developed and promoted the Handbook on Anti‐Corruption and a Code of Ethics in the Parliament of Zambia

• Drafted and tabled an anti‐corruption bill in Timor Lestep

• Tabled a private member’s bill to establish a code of ethics in the New Zealand parliament

Our Successes

• Contributed to the creation of an anti‐corruption commission in Jordancommission in Jordan

• Drafted and tabled critical bills in the Parliament of Lebanon, on access to information and on whistle blower protection

• Assisted in the formation of the National Anti‐Corruption Prosecution Service in Mexico

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Our Successes

Second Global Young Parliamentarians' Dialogue on ICPD Issues, Negombo, Sri 

GOPAC Zambia chair Hon ConneliusMweetwa moved that the Second Global Young Parliamentarians' Dialogue on ICPD Issues included a recommendation that:

Lanka  3‐4 October, 2013

GOPAC Oceania chair John Hyde and GOPAC Zambia 

chair Hon Cornelius Mweetwa

"Any future development goals need to address eradicating corruption in order to increase resources for population and development."

Our Challenges

1. Parliamentarians, while committed to the cause of anti‐corruption, juggle a variety of issues.

2. Aid delivery architecture is not conducive to ceasing momentum and opportunities.

3 M i h ff i f h i3. Measuring the effectiveness of these anti‐corruption programs has been difficult.

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Our Proposal: Anti‐Corruption Indicator

• GOPAC is developing an aggregate index, designed to evaluate a country’s progress on anti‐corruption issues. 

• The index combines indicators based on perception; anti-corruption framework, laws and regulations; and practical implementation of anti-corruption practices

• The indicators GOPAC proposes to use can be further broken down into categories so that the advancement of b o e do to catego es so t at t e ad a ce e t ocountries can be compared to other countries facing similar circumstances in the anti‐corruption fight.  

We would welcome your feedback. 

For More Information

GOPAC Global Secretariat255 Albert St., Suite 904

Ottawa, OntarioK1P 6A9 Canada

For More Information

K1P 6A9 Canada

[email protected]  

WWW.GOPACNETWORK.ORG

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P.O. Box: 50-552, Lebanon. Tel/ Fax: (961) 1 388113/4/5

Email: [email protected] Website: www.arpacnetwork.org

“Political patronage and its impact on corruption in the Arab Region”

Dr. Saadi Mhamad Abdullah

Chair of the Arab Region Parliamentarians against Corruption

General Assembly of the Southaesth Asian Parliamentarians against Corruption (SEAPAC)

23,24 of October 2013, Aryaduta Hotel, Medan- North Sumatera

“Corrupt-free South East Asia: Common Goal Common Action”

Thank you for inviting me to speak today. First I would like to thank the House of Representatives of the Republic of Indonesia for hosting this important event and the South East Asian Parliamentarians against Corrutpion for their work. I am delighted to be here and to be given this opportunity to speak to you about Political Patronage and its impact on corruption in the Arab Region.

As most of you may know Political Patronage is the common practice in political systems to award positions of power or bestow special favors to certain individuals and buisnesses that have previously helped the leader to attain the position. In fact political patronage is a key challenge to the fight against corruption in the MENA Region. Revolutions sweeping across the region during 2011 have shed light on widespread corruption, particulary political corruption. The former has also uncovered widespread evidence of political patronage, nepotism and collusion between the public and private sectors which inadvertently contributed to the heightened levels of civil unrests and public protests.

Compared to global averages, the key anti- corruption indexes show corruption levels to be very high in many countries across the MENA region. Although most Arab countries have specefic characteristics (political, social and economic) that create particular challenges for overcoming corruption, there are several common challenges posed by corruption that apply to most of the Arab countries, particularly Political Patronage that is so rife in these countries and widely accepted as a “fact of life”. Today, political patronage is evident at both the bottom and top ends of public administration area. At states bottom, each party has tried while in office to allow in the largest number of individuals possible. At state’s top level, almost all appointments in both the minsiterial and the extra ministerial domains are political. Patronage is also clearly evident at the middle level of public administration and includes the selective

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P.O. Box: 50-552, Lebanon. Tel/ Fax: (961) 1 388113/4/5

Email: [email protected] Website: www.arpacnetwork.org

promotion of public employees within the civil service, as well as preferentiel transfers to privileged in- state positions.

Thus political patronage is not considered uncommon in the MENA region for gaining an employment or an office. Positions within the state bureaucracy are usually awarded due to kinship or personal relationships regradless of personal qualifications. In most of the Arab countries the selection process of public officials is constrained to a large extent by unclear rules. Moreover, public administration does not have any procedures in place for the identification and management of conflict of interest situations in government, post public employment or in public procurement ; consequently, the lack of these procedures encourages political patronage, nepotism and favouritism. The awarding of public procurement contracts lacks transparency and usually the allocation of work contracts depends more on collusion between private companies and public officials rather than on competitive bidding processes.

Large scale patronage, besides causing a large and ineffective state, is also responsible for widespread and costly corruption in the MENA Region, in addition to loss of citizen trust in government and state agencies. This reality has lead as well to the undermined accountability of broader society and compromised the credibility and effectiveness of public institutions. Furthermore, it contributed to the inflation of civil service either through the hiring of large numbers of state employees or through the creation of new state institutions and agencies in order to absorb the surplus labor force.

In recent years, several anti-corruption reform efforts have been undertaken by many of Arab countries. These have mainly been directed at legal and institutional reforms including ratification of the UNCAC “United Nations Convention against Corruption” the most comprehensive international convention relating to corruption, drafting important pieces of national anti corruption legislation and establsihing specefic oversight institutions such as anti corruption agencies and commissions. On another level a number of Arab Countries swept by the Arab Spring (Tunisia, Egypt, Yemen and Libya) showed promising opportunities for political reform and the restructuring of legal and institutional frameworks to enhance public integrity. These countries have all experienced the change of Head of Regimes but its unlikely that change in leadership only can bring real change if its not accompanied by a systemic reforms that adress the root causes of corruption residing in the whole regime and not only in the Head of regime. In Egypt for example we are witnessing a “counter- revolution” against the revolution and many analysts are saying that what is happening in Egypt is a sign of a return to the old regime, therefore reform efforts have resulted in varying levels of success in these countries.

Despite all the efforts made international organizations considered that the implemntation of laws is still very weak, this fact indicates that a greater political will is needed to establish and uphold effective enforcement mechanisms and a better engagement of all political actors including civil society organisations is required.

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P.O. Box: 50-552, Lebanon. Tel/ Fax: (961) 1 388113/4/5

Email: [email protected] Website: www.arpacnetwork.org

Parliamentarians as representatives of the people must be entrusted with the oversight responsibility of screening more of the presidential appointees, monitoring the implementation of the legislations on public appointments and reviewing public procurement acts, this could help in reducing corruption in public sector appointments and procurement, respectively.

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General Assembly of the Southeast Asian ParliamentariansParliamentarians 

Against Corruption (SEAPAC)‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Presentation on Gender, Culture, and Corruption

Is corruption a culture and sexist? How gender alters corrupt behavior?p

By Hon. Dr. Nurhayati Ali Assegaff

The Nexus of Gender, Culture and Corruption

Corruption remained an issue to the fringe of international development.

suffering impacts of corruption endured by the women, minorities and disadvantage people.

Build public accountability and governance systems that is responsive to women’s needs.

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Can we reduce corruption by promoting gender equality?

Some early studies suggest that women are less corrupt than men; therefore the increasing number of women in politics and public sector will decrease corruption. 

A study from (GTZ) has shown that lowlevel of corruption are associated withlevel of corruption are associated with greater gender equality, and vice versa.

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Power tends to corrupt, absolute power corrupt absolutely”, eradicating 

ti h ld b t t d f thcorruption should be started from the central power of government.

Indonesia has ratified (UNCAC) byadopting Law No.7 year 2006. Indonesiangovernment has issued PresidentialDecree No.55 year 2012 regarding theNational Strategy and Action Plans ongyCorruption Eradication.

Preventive strategy: implement anti‐corruption curriculum, instill  the value of good morals, and start  from the smallest society (family).

The Role of Parliament to Combat CorruptionParliaments have a critical role to play in fighting against corruption through: law‐making, oversight and representation.

Reinforce mechanisms within parliament for bringing government accountable and transparentaccountable and transparent.

Promote the participation of civil society through public awareness campaigns.

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The Role of Women in Eradicating Corruption

Corruption has particularly damaging effect on p p y g gwomen because women make up the majority of the poor.

Public would like to see more women in parliaments and executive branch.

Women have distinct impact on public policy because they are able to bring different perspective y g p pand highlighting the issues which remained underrepresented in a male dominated policy making environment.

A study of 150 countries in Europe, Africa and Asia by the World Bankshowed that women are more trustworthy and less prone to corruption.

Women and men have different relation on the corruption regarding their different risk‐taking behavior.

Women’s nurture as care givers in family implies that women would less likely sacrifice their welfare of the public for material gains.

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Strategies to empower women participationparticipation

1. Understanding the role of women in corruption or assessing its impact needs to be examined with close attention to the socio economic and cultural norms that shape how women live their lives. 

2. Involve women in the public policy making of corruption eradication; diminish the barriers of real decision‐making power; both in its gender and indiminish the barriers of real decision making power; both in its gender and in broader institutional‐political dimension.

3.The process of curbing corruption should be followed by undertaking the legislative procedures intended to protect women and children and to uphold their freedom of action and choice

Prerequisites Program to Combat Corruption

First, strengthening the role of Supreme Audit Institutions to improve provision mechanism, and create a climate of good governance. 

Second, accommodate gender mainstreaming policy to make them perform independently in their socio‐economic and political life. 

Third, promote the adoption of clearly worded codes of conduct which specify f f f fwhat forms of behavior are acceptable, what forms of behavior are not 

acceptable, and what sanctions will be adopted to punish violations of the code. 

Fourth, intensify networks among parliamentarians such as in SEAPAC to improve coordinated policy approach and cooperation.

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Conclusion

Women should involve more in political life, there should be no limitations, in any kinds, for women to have leadership position.

All stakeholders must recognize gthe need of involving women in decision making process and corruption eradication program. 

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DATIN PADUKA INTAN KASSIM

CHAIR OF  THE ASEAN COMMISSION ON THE PROMOTION OF THE RIGHTS OF WOMEN AND 

CHILDREN

PRESENTED AT

General Assembly

of the Southeast Asian Parliamentarians Against Corruption (SEAPAC)Corruption (SEAPAC)

“Corrupt‐free Southeast Asia: Common Goal, Common Action”

Friday, 23 October, 2013, 

Medan, Sumatra,Indonesia

MEANING OF CORRUPTION

The United Nations Development Programme ‘s The United Nations Development Programme s (UNDP) definition

“the misuse of public  power, office or authority for private benefit‐through  bribery, extortion, influence peddling, nepotism, fraud, speed money or embezzlement”

‐ Applicable both public and private sector Identified the major forms of corruption

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NATURE ‐ Grand and petty Grand Corruption‐ corruption by political leaders and Grand Corruption corruption by political leaders and senior civil servants – large bribes and  international, hidden money in bank accounts

Petty‐ committed by junior civil servants or private sector workers to supplement way of life/insufficient income

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Corruption a fact of life or way of life?Distinction made by Gerald E.CaidenDistinction made by Gerald E.Caiden

Corruption a fact of life –in a country when cases of corruption are the exception rather than the rule‐more individual rather than systematic

Corruption a way of life‐ in a country where corruption is rampant,occurs at all levels, is the norm rather than exception

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IS CORRUPTION A VICTIMLESS CRIME ?

Giver and recipient  gain‐ Giver and recipient  gain

‐Who are the victims?

‐ Increasing cost of goods and buildings

‐ Construction of others instead of necessity 

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ASEAN COUNTRIES‐2012 CPI  ‐TICOUNTRIES RANK NOOF SURVEY SCORECOUNTRIES RANK NO.OF SURVEY SCORE

Singapore 5 9 87

Brunei 46 3 55

Malaysia 55 9 49

Thailand 88 8 37

Philippine 105 9 34

Indonesia 118 9 329 3

Vietnam 123 8 31

Cambodia 157 7 22

Lao PDR 160 3 21

Myanmar 172 4 15

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TI CPI PERCEPTION INDEX ANALYSIS – 2012 INDEX

The rankings of perceived corruption for several South The rankings of perceived corruption for several South East Asian countries declined markedly over the past year. 

Indonesia fell 18 places, from 100th to 118th

Vietnam slid 11 places from 112th to 123rd

Thailand also fell eight places from 80th to 88thg p

Singapore, by contrast, remained stable, ranking fifth.

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Causes of Corruption

Why do countries experience levels of corruption that  d ti ll  diff t?are dramatically different?

Several explanations on the Causes of Corruption

Proffesor Quah (Singaporean Prof and researcher) :‐

An individual is more likely to commit a corrupt act if he or she:‐

1) Is paid a low or inadequate salary1) Is paid a low or inadequate salary

2) Is exposed to ample opportunities for corruption

3) Perceives corruption to be a low risk, high reward activity (unlikely to be caught, not punished  severly if caught)

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Prof Bill Tupman ‐ University of Exeter

UnderpaidUnderpaid

unappreciated

underpromoted

greedy

deviant

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CULTURAL PERSPECTIVE

The idea that corruption is partly a cultural 

If it is cultural phenomenon ‐ it can or has to be tackled as such as well. 

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What do we understand by culture?

A definition :‐

‐set of values that an individual grows up with. Acombination of personal values and morals as well asthe society's influence on the individual in ourgrowing years. Therefore culture influences the waysin which a person perceives and reacts to certaini isituations.

‐ Culture differs from society to society

‐ What is acceptable in one is not acceptable inanother

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CULTURE AND CORRUPTION

Various scholars in different fields of research agrees thatl i fl l b h i (R k h 1972 Hcultures influence personal behaviours (Rokeach,n1972; House

et al., 2004; Hofstede, 2001).

Cultural dimensions may influence individual’s perception ofethical situations (Scott et al., 1993 ,Davis and Ruhe, 2003;Park, 2003; Husted, 1999); therefore, national culturaldifferences are expected to influence our views towards

ticorruption.

Understanding cultural dimensions that may influence thelevel of corruption is critical for a firm’s and a country’scompetitiveness (Davis and Ruhe, 2003) and for conductinginternational business overseas (Park, 2003).

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JOHN HOOKER,2008The world is shrinking but its cultures remain worldsThe world is shrinking, but its cultures remain worlds

apart, as do its ethical norms. Bribery, kickbacks, cronyism,

and nepotism seem to be more prevalent in some parts of

the world, and one wants to know why. Is it because some

peoples are less ethical than others? Or is it because they

have different ethical systems and regard these behaviors asy g

acceptable?

(Corruption from a Cross‐Cultural Perspective)

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John Hooker, 2009Analyzed real‐life situations in Japan, Taiwan, India, China, North America,

sub‐Saharan Africa, the Middle East, and Korea

His Findings

Corrupting behavior differs around the world partly because of different

norms, and partly because cultural systems break down in different ways.

Activities such as nepotism or cronyism that are corrupting in the rule‐based

cultures of the West may be functional in relationship‐based cultures.

Behavior that is normal in the West, such as bringing lawsuits or adhering, g g g

strictly to a contract, may be corrupting elsewhere. Practices such as bribery

that are often corrupting across cultures are nonetheless corrupting for very

different reasons.

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CULTURAL DIFFERENCES – RESEARCHERS

different cultures use radically different systems to get things done. Whereas Western cultures are primarily rule based most of the world’sWhereas Western cultures are primarily rule‐based, most of the world s cultures are relationship‐based. 

Westerners tend to trust the system, while people elsewhere trust their friends and family. 

Westerners organize their business around discrete deals that are drawn up as contracts or agreements and enforced by a legal system. Other cultures may organize their business around human relationships that are

cemented by personal honor filial duty friendship or long term mutualcemented by personal honor, filial duty, friendship, or long‐term mutual obligation.

Loyalty to cronies is suspect behavior in the West but represents high moral character in much of the world.

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CULTURAL DIFFERENCESProf Bill Tupman ‐ University of ExeterProf Bill Tupman University of Exeter

Your “corruption” is my “normal business practice”

Your “bribe” is my “mark of respect” 

Guanxi: networking or insider dealing?

Patron client relations Patron‐client relations

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GENDER ISSUES REGARDING WOMEN

Women’s political participation and level ofWomen s political participation and level of corruption

Impact of Corruption on women

Do women face different forms of abusive or corrupt behaviour from public officials than men? 

Main streaming gender into anti corruption policyMain streaming gender into anti‐corruption policy 

Today :  First issue

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GENDER PERSPECTIVE During the early 2000s, many research reports claimedDuring the early 2000s, many research reports claimed

the existence of a link between low levels of corruption

and more women in government (Dollar, Fisman and 

Gatti 2001; Swamy et al. 2001). 

A study published in 1999 by the World Bank claimed that women are more trustworthy and public‐spirited that women are more trustworthy and public spirited than men. 

They found that in a large cross‐section of countries, greater representation of women in parliament led to lower levels of corruption.

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GENDER PERSPECTIVEThe possibilities presented by these results areThe possibilities presented by these results are truly exciting. Fighting corruption by increasing female  participation in government would –no need for a painful and more  expensive efforts

Countries would also have an economic incentive to promote gender equality

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RECENT TREND‐ Anne‐Marie Goetz,2004,

Anne Marie Goetz questioned the notion that moreAnne Marie Goetz questioned the notion that more

women in government will result in lower levels of

corruption. She noted that the advocates of this notion

fail to acknowledge the ways in which gender relations

may limit the opportunities for corruption, particularly

when corruption functions through all‐male networks

and in forums from which women are socially excluded.

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GENDER DIFFERENCES

V. Alatasa, L. Cameron, A. Chaudhuric, N. Erkalb and L. Gangadharan

Based on experimental data collected in Australia (Melbourne), India (Delhi), 

Indonesia (Jakarta) and Singapore  show that while women in Australia are 

less tolerant of corruption than men in Australia, there are no significant 

gender differences in attitudes towards corruption in India, Indonesia and 

Singapore. 

They suggest that the gender differences found in the previous studies may 

not be nearly as universal as stated and may be more culture‐specific.  

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GENDER DIFFERENCESDiana M Bowman1‐ Australian Studies

It suggests that, in general, Australian women appear to be less

tolerant of corrupt scenarios than their male counterparts, 

although gender difference was not automatic across all 

scenarios. The results suggest that there may indeed be a gender

dimension with respect to perceptions of corruption.

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JUSTIN ESAREY and GINA CHIRILLO . 2013

Findings :that the relationship between gender and corruption differs by 

i tit ti l  t t  W        t  th   i k   f  i l ti  institutional context. Women are more averse to the risks of violating 

political norms, and because gender discrimination makes violating 

institutional norms a riskier proposition for women than men. 

Where corruption is stigmatized, women will be less tolerant of 

corruption and less likely to engage in it compared to men. But if corrupt" 

behaviors are an ordinary part of governance supported by political behaviors are an ordinary part of governance supported by political 

institutions, there will be no corruption gender gap.

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CONCLUSION

There is correlation between culture and corruption

There is gender differences in perception of corruption

Perception of corruption may be more cultural than gender and nature of the institution one is in.

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Questions?Coming back to the perception index and theComing back to the perception index and the research on culture and gander 

Is Corruption a cultural issue?

If it does, why is Singapore successful in combating corruption?g p

From the success of Singapore, is it an institutional issue ? Prof Quah causes of corruption.

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Gender, Culture and Corruption

Giri Suprapdiono Director of Gratification

Corruption Eradication Commision KPK

Medan, 23 October 2013 Video

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100% 7 ..?

KPK’s Corruption Cases Handling 2003-2012 (100% conviction rate)

Parliament Member

Ambassadors

Governors

Echelon I, II, II

Private sectors

Misuse of Gov. Funds

Bribery

Procurement

Illegal Fees

Red Tape

Minister/Head of Ministrial Level

Commisioners

Mayor/Head of Regents/District

Judges

Others Numbers of defendants

Based on Defendant’s Title (2004-2012) Number

Number

Title

Based on Type of Cases (2004-2012)

Numbers of cases

Type of Cases

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Gender and Corruption

Are Women Really Less Corrupt Than Men?

How corruption could impact women and

men?

The Relationship of Culture and Corruption

Oil regulator Graft Case

Al-Quran procurement

Graft Case

Imported Beef Case

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The

Strategies

Anti-Corruption

EEnforcement

Deter to corrupt

Prevention

Can’t corrupt

Education

Doesnt want to corrupt

3 Strategy

Cases

System

Culture

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THE WORLD

SHIFTED Source : Hermawan Kertajaya

SSHIFT #1 From Vertical to Horizontal

300+ million population

800+ million population

Breaking News Trending Topics

Source : Hermawan Kertajaya

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SSHIFT #2 From Exclusive to Inclusive

Local Action Borderless Action

Tim Pemberantasan Korupsi (TPK) Era Orba Di bawah Jaksa Agung

Gerakan anti korupsi saat ini dilakukan lintas fungsi dan bahkan lintas negara

SHIFT #3 From Individual to Social

Eliot Ness All Americans All AmericansEliot NessSource : Hermawan Kertajaya

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Shift #1 Rational Perspective

Source: Allingham, M. G., & Sandmo, A. (1972), Income tax evasion: A theoretical analysis. Journal of Public Economics, 1, 323-338.

Rational Crime Theory Decision to corrupt is affected by:

Expected return Risk to be caughted magnitude of punishment

CURATIVE ACTIONS

Source : Hermawan Kertajaya

Source: Loomes, G. and Sugden, R. (1982), ‘Regret theory: An alternative theory of rational choice under uncertainty’, Economic Journal, 92(4), 805–24

Shift #2 Emotional Perspective

Regret Theory Decision to corrupt is affected by:

Personal dialogue and personal norms Regret with values System development

PREVENTIVE ACTIONS

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Source: Francesca Gino, Shahar Ayal,and Dan Ariely, Contagion and Differentiation in Unethical Behavior, Psychological Science, 2009.

SShift #3 Human Spirit Perspective

Social Identity Theory Decision mades by:

Social media community involved and identity Social norms of the community

EDUCATIVE ACTIONS

Source : Hermawan Kertajaya

The

New Social Engines

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NEW WAVE SUB CULTURE: Youth, Women, and Netizen as New Social Engines

Source : Hermawan Kertajaya

NEW WAVE SUB CULTURE: Youth, Women, and Netizen as New Social Engines

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NNEW WAVE SUB CULTURE: Youth, Women, and Netizen as New Social Engines

NNEW WAVE SUB CULTURE: Youth, Women, and Netizen as New Social Engines

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Are Women Really Less Corrupt Than Men?

The higher representation of women in government has a link to the lower levels of corruption

Are Women Really Less Corrupt Than Men?

women are less likely than

men to pay bribes

Transparency International’s Global Corruption Barometer

women are less involved in bribery and are

less likely to condone bribe

taking Swamy et al

Gender difference in tolerance for corruption

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V. Alatasa, L. Cameron, A. Chaudhuric, N. Erkalb and L. Gangadharanb : Based on experimental data collected in Australia (Melbourne), India (Delhi), Indonesia (Jakarta) and Singapore, we show that while women in Australia are less tolerant of corruption than men in Australia, there are no significant gender differences in attitudes towards corruption in India, Indonesia and Singapore.

Are Women Really Less Corrupt Than Men?

Goetz: Gender relations limit women’s opportunities for corruption.

Are Women Really Less Corrupt Than Men?

Sung: The driver of lower corruption when there’s higher representasion of women in government is not women’s integrity but the fairer system

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Fairer System?

Source: Khoman, 2008 (APEC Study)

Fairer System?

Source: Khoman, 2008 (APEC Study)

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Gendered Differences in Impact of Corruption

HEALTH SERVICES

EDUCATION SERVICES

SEXUAL EXTORTION

Access to Decision Making

The Relationship of Culture and Corruption

Cultural Dimensions

Individual’s Perception Corruption

Habits

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Campaign & Public Education Programs Public Campaign & Socialization • Anti-Corruption Gimmics • Multimedia Materials • Organizing Events • Public Campaign events • Mobile & Outreach Campaign • TV and Radio Campaign • Artist of Integrity

Anti Corruption Education • Developing module for Elementary

school, Junior High School,University, journalist, private sector, public official, parliament, etc

• Train the Trainers for the University Student

• Conducting Seminars and Workshop

Youth and Women Involvement

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Conclusion In order to achieve a sustain anti corruption corruption, we need to: - 3 comprehensive strategies (strong and effective

enforcement, effective prevention and education) - Changing the culture - Government System improvement (Bureaucracy

reform) - Promoting women, youth and netizen involvement in

anti-corruption movement - Culture and local wisdom of the power of anti

corruption movement strategy

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04/11/2013

1

Eradication of Corruption and Eradication of Corruption and Roles of Parliament-DPR RI in

Promoting Civil Societies Participation

Eva Kusuma Sundari

1

Parliamentarians Roles Oversight Function• Budget Plan (ex-ante)• the use of money (post-ante)Rampant corruption in Indonesia Rampant corruption in Indonesia

2

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2

DPR RI Response p2010

establishment of BAKN

(Public Account Commitee)

3

Duties and Tasks of BAKN1. Review and analysis audit report from

general auditors2. Report to plenary sessions of

parliament• Distribution Recomendation to Commission • Monitoring Dollow up from Commission

4

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3

Output of BAKN p1. Recommendation to all commissions2. Follow up in the commissions

Cases: – Subsidy for energy (commission 7)– Academic Hospitals (commission 10)– Vaccine of Avian Flu(commission 9)( )

3. Hearing by BAKN – Tax evasion– Local GovernmentFinancial Perfomances – Promoting fraud control mechanism within

Government5

Outcome of BAKN - New Practices, New Culture on the

issues of Accountability- Best Practices (another countries in

Asia and local Parlements ofI d i )Indonesia)

6

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BAKN and Civil Society y1. Hearing with Civil Society

• Social Assistance Funds -> Fitra• Education Funds -> IBC

2. Sponsoring Community on Public accountability, consists of :

• NGOs• Individuals (Journalists)• Individuals (Journalists)• Professional Organization

3. Raises Awarness• Media becomes numbers literate• Law Enfocement Agents

7

Thank You

8

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Mobilizing People, Connecting Agents of ChangeMessages from the 15th IACC Brasilia

Natalia SoebagjoChair of Transparency International Indonesia

Most Corrupt Institutions:Where improvements should be made

Average score in 6 Countries (Indonesia, Cambodia, Philippines, Thailand, Vietnam and Malaysia)

2.9

2.9

3.1

3.3

3.4

3.5

3.6

3.9

Medical

Education

Business

Parliament

Judiciary

Public off icials

Political Parties

Police

2.2

2.5

2.5

2.8

1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0

Religious bodies

NGOs

Media

Military

South East AsiaGlobal

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5 grand challenges ahead of the 15th

IACC Brasilia and still relevant

ImpunityCli t Climate governance Illicit financial flows

Political transitions Corruption in Sports

15th IACC Brasilia Declaration 2 dimensions in the fight against corruption formulated in the Declaration: Connecting citizens No impunity for those who abuse positions

of power

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No Impunity movement and connecting actors against corruption

Priorities on ending impunity for corruption

iClosing international loopholes

Strengthening the judiciary and law

enforcementPromoting social and political sanctioning

Closing international loopholes UNCAC ratification and country compliance

All ASEAN countries have signed and ratified The peer review mechanism is ongoing to monitor

country compliance within state regulations

Other off UNCAC areas, yet relevant to cover The Convention fails to forcefully tackle political

corruption It also refrains from referring to any specific

political system and, by doing so, omits the important role parliaments can play in holding governments to account

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Strengthening the judiciary and law enforcement Reform in judiciary and law enforcement

institutions Establishing and empowering anti-

corruption agencies Combating judicial corruption

Promoting social and political sanctioning

Combating political corruption

Public santioning during election and social movements such as: korupedia.org

Indonesia, Campaign against p g g

‘black’ politicians AC Forum Working with youth Creative use of media

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Thank you….!

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PRESENTATION ON THE SECOND SESSION

TOPIC: MOBILISING PEOPLE: CONNECTING AGENTS OF CHANGE BY KORNELIUS PURBA FROM THE JAKARTA POST

When the People Have Little Trust in the House

The World’s Third Largest Democracy

Indonesia is internationally recognized as the world’s third-largest democracy after India and the United States. It is an incredible achievement knowing that the country only adopted full democracy 54 years after it gained independence in 1945. Sadly, the country is also globally perceived as one of the world’s most corrupt nations. It seems that democratization of corruption is also blooming in this country. While under the Soeharto regime, graft was the privilege of a few people close to the strong man, nowadays corruption is being committed and enjoyed by a far more widespread group in society.

Good governance, transparent and equitable rule of law, equal rights and obligations for all, are some of the fundamental elements of democracy that are still neglected in this country. In just 14 years, this nation has been transformed into a fully fledged democracy, at least on the surface. So it is fair to say the nation is on the right track in its journey toward achieving the goal of democracy, although we do not know when we will arrive there. Not that anyone expects Indonesia to become a failed state; that is highly unlikely, if not unthinkable. Press Freedom

Press freedom was a luxury under Soeharto’s rule; but now, Indonesian media is among the most liberal and free in the world, although the country’s press still faces a multitude of challenges in terms of securing high-quality human resources, as well as dealing with the monopolistic and oligopolistic practices of ownership, especially in electronic media, such as television. Complaints over the behavior of journalists and the selfish attitudes of media owners continue to rise. From the perspective of media employees, decent working conditions and welfare still comprise a big problem for many.

No wonder, then, that some even question the truth of the old saying, that the press functions as the fourth pillar of democracy. Parliamentary System?

During president Soeharto’s 32-year rule, the House of Representatives’ role was merely to

act as a rubber stamp to the government. Indeed, Soeharto virtually enjoyed absolute power according to many anti-government campaigners and international media sources. Now, the pendulum has swung perhaps too far the other way with the House playing an overly dominant role, especially in terms of budgeting, where it controls state-budget spending to a micromanaged degree. The result: Many legislators, especially those from new political parties, have been jailed for

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accepting bribes or they have abused their power by manipulating the state budget. It seems that many more are doomed to follow the same fate.

Officially, Indonesia has a presidential system but in reality, our system is closer to a

parliamentary system, in which the House has the final say on almost everything. This is a far cry from its muted position under Soeharto. Many people are confused by the seeming lack of checks and balances. Our House members are tremendously lazy in carrying out their principal task: that of passing legislation; their achievements are far below the minimum targets set. Many of our laws and regulations only last a short time as they are so often deliberated too hastily. Moreover, many lawmakers are only interested in handling “lucrative” bills from which they, or their political parties, can benefit directly or indirectly.

Under the glare of public perception that the House and other regional legislatures are among Indonesia's most corrupt state institutions, the country is undergoing massive administrative preparations for its fourth direct presidential election and legislative elections, since the fall of Soeharto in May 1998, next year. Year of Judgment

Next year’s elections will be held at a time when voters’ trust in political parties and their candidates is at its lowest point, and the number of abstaining voters will likely be very high compared to previous years. Like it or not, and whether you agree or disagree, in the eyes of many voters, a great number of legislators - if not all – are viewed as working only to enrich themselves, their cronies and their political parties. There are very few interactions between legislators and their constituents based on the democratic principle of serving in the best interests of the people. Money politics is rampant, but voters are also very smart; they gladly accept the money but often vote for other parties or candidates than those distributing the handouts.

Voters are generally more enthusiastic with regard to the presidential election. Hopefully next year, Indonesia will elect a new president from a generation that has no relation with the Soeharto era. There are few indications, however, that the quality and integrity of the next House members will be any more promising than what we have now. On The Right Track

All the above appears very gloomy, as if democracy does not contribute much to people’s livelihoods; as if all politicians are crooks; as if there is nothing good about this country; as if we, as Indonesians, have no reasons to be proud of our nationality. And I am sure that many House members will take great umbrage with the aforementioned description.

Despite its shortcomings, the media plays and will continue to play a vital role in terms of checks and balances. We need to remember, however, that the media is just a mirror of society. Thanks to the widespread use of social media sites like Facebook and Twitter -- Indonesia in fact boasts one of the world’s highest percentages in terms of social media users -- ordinary people may prove to be the supreme holders of power, compared to the past.

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Corruption and abuse of power are rampant, but media coverage is now so diverse and

widespread that even people at the lowest levels of society are well-informed about the social and political problems in this country.

The people themselves are great but unfortunately, their highly educated and more sophisticated leaders are often mediocre. Elections should always be held in a spirit of peace and democracy, but many of the political elites are greedy people who think their duty is no more or less than enriching themselves. It is indeed laughable that our elites are unaware how fed up people are with them.

And that is my main reason for believing that Indonesia is on absolutely the right track toward democracy. Next year, voters – many of them uneducated and disadvantaged — will elegantly punish those political parties and politicians who have betrayed their trust.

The journey to democratization is often very rocky and painful. Many of us were even tempted to question the relevance of democracy for the nation. We can easily witness how some of our neighbors, the members of ASEAN, are much less democratic than Indonesia, but they are much better and cleaner than us in terms of corruption and abuses of power.

Despite all turmoil and upheaval, the nation however continues to strictly stick to its commitment to democracy. And it is a very right decision. Thank you.

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Political PartyPolitical PartyPolitical PartyPolitical PartyA note from IndonesiaAccountabilityAccountability

Dr. Ir. H. Pramono AnungChair of GOPAC Indonesia National Chapter

Deputy-Speaker of the House of Representatives of the Republic of Indonesia

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Why accountability matters?

Accountability is important fordemocracy because it confirms tocitizens that their government and itscitizens that their government and itsinstitutions are working in theirinterest.*

Political parties score the highest (3.8) inthe Transparency International GlobalCorruption Barometer 2013 survey as theCorruption Barometer 2013 survey as theinstitution affected by corruption. Whileparliament is at 3.6 scale (where 5 meansextremely corrupt).

*) Explanatory memorandum of The code of good practice for political parties, The Council of Europe, 2007.

The role of political partyPROVIDES VEHICLES BY WHICH PEOPLE EXPRESS THEIR INTEREST AND COMPETE FOR PUBLIC OFFICIALS CAMPAIGNS. (In Indonesia, public officials seats that require 

POLITICAL PARTY IN THE AGE OF DEMOCRACY

political party’s involvement are, including but not limited to: President, Members of Parliament, Governor, and Mayor/Regent)

PLAYS AN INTERMEDIARY ROLES LINKING THE PEOPLE’S ASPIRATION TO  THE INSTITUTION OF GOVERNMENT AND ITS POLICIES. RECRUITMENT OF POLITICAL CADRE IS OF PARAMOUNT IMPORTANCE WITHIN POLITICAL SYSTEM. 

MAIN ACTOR IN ELECTION, IN PARTICULAR OF THOSE CAMPAIGN ACTIVITIES

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Challenges in Indonesia

Political pragmatism;

Cli t li d t fClientelism and patronage for money or power;

High cost of political campaign.

• Corruption;Corruption;• Political oligarchy; • Lack of internal democracy.

Intra-party management

Political Party Act (No 2 Year 2011 on the amendment of Political Party Act No 2 Year 2008): A political party must have statutes which incorporate at least 12 A political party must have statutes which incorporate at least 12

requirements including that of membership regulations; regeneration system; political education; and party finance (article 2);

A political party dispute tribunal or any of its similar names should be established to resolve any internal disputes (article 32).

Women quota of 30% is mandatory within political party caretaker and also in parliamentary candidates in every level of party offices. and also in parliamentary candidates in every level of party offices.

General Election of Parliamentarians Act (No 8 year 2012): Political party’s programs are included as campaign material of

parliamentary candidates.

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Political Party Financing

Political Party financing and electoral campaign fund originated from:

1. Membership dues (statutes)

f l ( b ll / d $2. Donations from natural person (maximum to Rp 1 billion/ around US$

100,000)

3. Corporate entities donations (maximum to Rp 7.5 billion/ around US$

750,000)

4. Public subsidies

Audit mechanism conducted by State Audit Board (for public subsidies) and

public accountant for a thorough financial report and shall be publicly

available.

Political party must have its own account labeled with party’s name.

Standards for candidate

Besides positive criteria i.e. age, citizenship, there are several special requirements to determine who is entitled to run the office Such requirements are as follows: office. Such requirements are as follows:

President i.e. already disclose his/her assets to the Corruption Eradication Commission, is having no debt-burden which may endanger state financial, has not been convicted of offences with five years threat of penal sanction at minimum.

Parliamentarians i.e. resign (if originated) from police, g g pmilitary, civil servant, governor/regent/major and their vice; Director, Commissar, board of trustees, employee of a state-owned company with irrevocable letter of resignation; not to take any position which might cause conflict of interest due to its duty as parliamentarians (notary, lawyer, public accountant, land deed official, procurement business).

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More on accountability

There are also disclosure of obligation due to financial wealth and assets of public officials under State wealth and assets of public officials under State Apparatus Who Are Clean From Corruption, Collusion and Nepotism Act (No 28 Year 1999). report their assets before and after service and must be ready for its examination before, during and after service.

Linking political party to its grass-roots through the use of Linking political party to its grass roots through the use of social media are of common nowadays in Indonesia.

Regulatory loophole?

There are no further details on the content of Party Statutes. Good example: Germany Political Parties Act (provide Germany Political Parties Act (provide regulations on Internal Organization)

There are no sanctions for public officials who did not disclose their financial assets. In fact, disclosure of financial assets yet to be an issue of nominations requirements in General Election of Parliamentarians Act Parliamentarians Act.

There are no spending ceiling to regulate both the amount and the type of expenditure of each parliamentary candidate.

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Future expectations

Political Party may be given a chance to seek income based on business activities and

i i i i i i hparticipating interest in companies to the extent that there are no aspects of State Budget in such business activities, directly and/or indirectly. In the long run, activities said should also Go Public.

Assessment mechanism of the result achieved through party representatives in public officials through party representatives in public officials is recommended to be included within party statutes. Ensuring that the internal rules of political parties are guided by legal certainty, clarity, transparency, accountability and independence are also of importance.

Thank You..Thank You..

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Speech on

Restoring Public Trust

Delivered by Hon. Mr. Surachai Liengboonlertchai

First Vice President of the Senate

at the SEAPAC General Assembly

on 24 October 2013

Medan – North Sumatera, the Republic of Indonesia

Mr. Chairperson,

Distinguished Delegates,

Ladies and Gentlemen,

The Thai Parliamentary Delegation is honored to participate in this forum to

promote the crucial role of parliamentarians to fight against corruption in this region.

It is indeed my pleasure to be here with all of you and have an opportunity to

share with you the essential matters for our discussion and cooperation.

Mr. Chairperson,

The theme of this General Assembly which is “Corrupt-free Southeast

Asia : Common Goal, Common Action” reflects the situation confronting us all in

this region and concerns SEAPAC member countries.

Regarding the restoration of public trust, the approaches to fulfill this concept

could not be undertaken efficiently and effectively without acts from national

legislative and administrative levels. Now let me move forward to share with you the

Thai experiences, not because they are unique, but because they will give you a good

practice in establishing an effective monitoring organization including the

improvement of the existing legal mechanisms that need to tackle all forms of

corruption together.

In case of Thailand, the Election Commission of Thailand (ECT) has been

established as an independent and politically neutral organization. According to our

constitution, the ECT is responsible for holding or causing an honest and fair election

of members of the House of Representatives and Senators as well as the election of

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- 2 - members of the local assemblies and local administrators including voting in a

referendum. Since the establishment of the ECT, eight elections have been conducted.

Five were the election of members of the House of Representatives and three more

were the election of members of the Senators.

Mr. Chairperson,

The electoral system in Thailand has dominant features. Our constitution

prescribes that voting is obligatory by law. To complement the obligation of voting,

there is a provision for advance and overseas voting. Advance voting is provided for

eligible voters living or working outside their constituencies in which their names

appear on the house register. Such voters are required to register for advance voting

with the designated administration authority as determined by the ECT. Eligible

voters can then cast their ballots at central polling stations outside their original

constituencies ahead of the actual election. A similar arrangement is in place for

overseas voting. Eligible voters living overseas are allowed to vote by mail or in

person at designated polling stations in the foreign countries in which they live by

which prior registration is also required. In the recent election of member of the

House of Representatives on 3 July 2011, the voter turn-out for advance voting was

55.67 per cent and there was 52.43 per cent for overseas voting.

Apart from the ECT as independent and impartial organization, our

constitution also empowers the ECT to investigate complaints of electoral fraud and

irregularities or objections to the results on the basis that the election in a particular

constituency has been improper and unlawful, lodged by a voter, candidate or political

party. With convincing evidence of a violation or irregularities, the ECT has the

distinctive power to disqualify candidates and political parties, to cancel the results, to

dismiss elected candidates, to revoke election rights of any person on the grounds of

election fraud and to order a new election in any or all polling stations. The resolution

of the ECT is final. Such power has been designed to combat corruption and ensure

the integrity of the electoral process.

Mr. Chairperson,

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The ECT alone is unable to fulfill its mission.The law provides that the ECT

can work with private organizations or non-governmental organizations in providing

democratic education to people and monitoring and ensuring the integrity of the

electoral process, now there are 81 private organizations registered. On the other

hand, the ECT has encouraged public participation in the electoral process through

various cooperation initiatives such as democratic education center and scouting

volunteers. The building on a good consciousness to candidates and relatives also

included. In terms of clean and fair election, the ECT has done the strategic plan. The

development of electoral system and process including voting in a referendum have

been incorporated into the Election Commission of Thailand Strategic Plan 2013-

2017.

Mr. Chairperson,

Distinguished Delegates,

Ladies and Gentlemen,

In dealing with corruption issues, Thailand has rendered every effort to

mitigate problems and promote the cooperation in every aspect.

The Kingdom of Thailand is honored to host the second session of the

Assembly of Parties of the International Anti-Corruption Academy (IACA) in

Bangkok on 9-11 December 2013. The second session of IACA will serve as forum

for ASEAN member countries to share views and formulate a common way of anti-

corruption. Through such interaction among participants, I would like to cordially

invite all of you to the second session of IACA’s Assembly of Parties.

This session will be successful if it results in concrete measures and cooperation

among participating countries. Honorable parliamentarians, let me wish that this

SEAPAC General Assembly will have a successful and fruitful outcome.

Thank you very much.

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STEERING COMMITTEE FOR THE ORGANIZING SEAPAC GENERAL ASSEMBLY

1 Dr. Marzuki Alie SEAPAC President 2 Dr. Pramono Anung Wibowo Chair, Indonesian GOPAC Chapter/Coordinator 4 H. Hayono Isman, S.IP. Chair5 Dr. Surahman Hidayat, MA Member6 Sidarto Danusubroto Member7 H. Andi Anzhar Cakra Wijaya, SH Member 8 Gede Pasek Suardika, SH, MH Member 9 Dr. Sumarjati Arjoso Member10 Dr. (HC) Ir. H. Siswono Yudohusodo Member 11 Dr. Azis Syamsudin Secretary12 Mrs. Eva Kusuma Sundari, MA, M.DE. Secretary

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CONTACT: Endah TD Retnoastuti

Executive Director of SEAPAC Secretariat Indonesia National Chapter Secretariat

Phone: +6221 5715 842 / +6221 5715 294 / +6221 5715 210 Fax: +6221 5715 295

Email: [email protected] / [email protected] Web.: http://ksap.dpr.go.id/seapac

Twitter: @SEAPACIndonesia

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