Microsoft PowerPoint - Bern ACAs session_ Sofie
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Topics of this session
• Roles and functions of ACAs •
Global principles and review mechanisms •
Donor support: opportunities and limitations
Roles and functions of ACCs
Anticorruption agencies (ACAs) are public
bodies of a durable
nature, with a specific mission to fight corruption and reducing
the opportunity structures propitious for its occurrence in
society through preventive and/or repressive measures (De Sousa
2010).
Single agency with a multifaceted approach of prevention,
investigation and education (Klemencic
et al 2007).
A separate, permanent government agency whose primary
function is to provide centralized leadership
in core areas of anticorruption activity (Meagher
and Voland 2006).
1. Receiving and responding to complaints 2.
Intelligence gathering, monitoring and investigation
3. Prosecutions and administrative orders 4.
Research, analysis and compliance reviews 5.
Public information, education and outreach 6.
Coordination of anticorruption efforts across
agencies (adapted from Meagher and Voland
2006)
Typical functions
•
In prevention, education, awareness raising, investigation and prosecution
through one or multiple coordinated agencies
•
A mandate set out in the constitution or in law to ensure permanence.
Mandate
•
Appointment of the ACA heads shall ensure apolitical stance, impartiality,
neutrality, integrity and competence
•
Remove through legally established procedure (i.e. chief justice)
•
Delegation of powers in the case of prolonged absence of ACA heads.
Heads •
Remuneration that allows for employment of sufficient number of qualified
staff
•
Protection from malicious civil and criminal proceedings (immunity)
•
ACA to recruitment and dismissal of staff in line with internal procedures
Staff •
Timely, planned, reliable and adequate resources for gradual capacity
development and improvement of operations and mandate
•
Autonomy over allocated budget (in line with accounting standards and auditing
requirements)
Resources
•
Internal: ACAs shall adopt codes of conduct, SOP and compliance regime
• External: Adhere to RoL
and mechanisms to prevent abuse of power
• Annual reporting to the public
Accountability
Ext. relations •
Engage and communicate with public regularly in order to ensure public
confidence in its independence, fairness and effectiveness
•
Foster good working relations with state agencies, civil society, private sector
and other stakeholders including international cooperation
Review and Measurement?
Quiz: What kind of ojectives do these indicators
measure?
• Corruption Perceptions Index rating •
Number of people convicted as a result of
investigations by the ACA
• Number of investigations • User satisfaction with
public service, i.e issuance of identity card
Donor support: Opportunities and limitations
Too often donors seem to assume that ACCs are
functioning organizations in need of supplementary
funding and policy advice.
In reality, many ACCs are dysfunctional organizations
lacking skills, structures, resources, processes and
focus. (Williams and Doig 2007)
Limitations (DO NOTs)
• Unmeasurable support •
Public awareness raising campaigns
• “Feast or famine” •
more funding than the organization can absorb
Risks that come with supporting ACCs
• Providing legitimacy for windowdressing
• Abuse of power • Witch hunts, targeting
opposition • Drain of resources for more
general governance reform • Increasing perception
of
corruption
Opportunities (DOs) •
Realistic capacity assessment (see UNDP Guide)
•
Invest in strengthening backoffice structure and processes
•
Information sharing in (a) priority donor sector(s) that are affected by corruption
•
Support design, implementation and publication of research on corruption; and
analysis on how this can be addressed by ACC
•
Support the transparent and open implementation of recruitment and removal
processes •
Facilitate experience exchange and offer moral support when ACC under pressure ,
i.e. help find temporary safe places overseas, such as by removing someone from a
tense situation (consultation, study visit, or conference abroad).
•
Support cooperation and monitoring by civil society groups
•
Strengthen enabling environment: i.e. freedom of information law, training of
judges who handle corruptions cases •
Coordinate with other donors!
ACCs: Partners in crisis
•
Prioritize predictability of responses over severity.
•
Play with open cards: Donors should strive to
increase openness and transparency around their
handling of corruption cases.
•
Involve a broad range of actors and accountability
processes, including the ACC.
•
Explore the involvement of ACC on followup of
corruption case.
“…a judge, court, tribunal, or division of an existing court that
specializes substantially (though not necessarily exclusively) in
corruption cases.”
Further resources
• https://www.acauthorities.org/ (World Bank) •
http://successfulsocieties.princeton.edu/taxonomy/t
erm/13055/allpublications (Princeton University Innovations
for Successful Societies)