Preventive AC agencies and prevention of corruption functions in Eastern Europe and the CIS

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Preventive AC agencies and prevention of
corruption functions in Eastern Europe and the
CIS
Francesco Checchi, UNDP Bratislava Regional
Centre
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BRC Supporting AC agencies in the region

• Dec 2005 UNCAC gt ACAs a relatively new
  phenomenon increasing number of ACAs in the
  region
• 2006 , with UNODC - Anti-corruption Practitioners
  Network (practitioners UNDP Experts
  agencies)
• professional networking
• information, learning
• expert referral, queries, technical advice
• E- TOOLS website workspace

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Main shortages AC agencies

• Lack of an adequate legislative framework
  defining powers and functioning of the AC body
  and providing both for its independence /
  reporting obligations and resources, as well as
  methods by which it is to be accountable to the
  public
• Ineffective or scarce cooperation with other
  national bodies and deficient positioning of the
  agencies within the existing institutional set-up
  of the country
• Scarce communication at the national and
  international level and inadequate mutual legal
  assistance
• Lack of budget and of independence in the
  procedure of budget drafting
• Lack of trained staff, in particular with
  reference to
• the UNCAC and other international legal
  instruments
• tools and new methodologies for corruption
  prevention
• Inadequate facilities and technical means
• Low level of salaries

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Global integrity index 2008
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Regional project Capacity development component

• 2008
• To respond to this situation gt utilization of the
  UNDP CD Framework gt Regional project for Capacity
  Development of Prevention of Corruption agencies
• Capacity Assessment methodology adapted for ACAs
• Activities for the application and testing of the
  Methodology
• This workshop

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Corruption prevention in the region

• Prevention of corruption activities performed by
  several agencies. Specialized preventive
  functions
• Multi task
• Commissions (with or without secretariat)
• Departments (within the executive)
• Specialized Prosecutors with some preventive
  function
• Other specialized Agencies (Tajikistan -
  Moldova)
• gt very diversified set of agencies and different
  ways of addressing corruption prevention

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Functions for corruption prevention 1)
Anti-corruption policy formulation
AC strategies wide range measures in several
areas
AC agency ideally expertise on all main
institutional regimes and public policy processes
(public financial management, procurement, civil
service management, service delivery, public -
private relations etc.)
Coordination and cooperation with other agencies
and stakeholders
Work at the international level IO other
states
Knowledge of international standards and legal
instruments
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2) Diagnostic research

• Diagnostic research methodologies encompass
• legislative analysis
• analysis of specific systems and how they
  operate in practice (e.g. public procurement)
• various survey methodologies
• analysis of statistical data to provide
  quantitative indicators on corruption
• corruption risk assessments in institutional
  business processes or legislation

Other corruption prevention functions

• Technical capacities
• Cooperation
• Outsourcing

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3. Development of Implementation Plans
Implementation plans deadlines,
responsibilities, baselines indicators and
benchmarks for evaluation, cost estimates for the
implementation of individual measures.

• In addition to the technical knowledge for policy
  development
• project management skills,
• monitoring and evaluation skills
• costing skills

communication and coordination with all the
institutions concerned, including civil society
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4. Legislative drafting

• Technical function translating policy decisions
  into legal form. Consultative role of most AC
  agencies gt
• - technical skills
• - research
• - cooperation

5. Monitoring of the implementation of
anti-corruption policies (by other agencies)
- communicate and coordinate with all concerned
national institutions in collecting periodic
status reports, - analytical capacities to
review progress against set benchmarks
6. Evaluation of effectiveness of anti-corruption
policies
focus on evaluating outcomes of anti-corruption
measures rather than only progress on
implementation.
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7. Coordinating the implementation of preventive
policies

• Coordination is fundamental for other functions
• - elaborating anti-corruption policies and
  implementation plans with concerned institutions,
  
• - monitoring progress on implementation,
• - evaluating outcomes.
• Additional coordination
• - ensure effective communication exchange among
  institutions that are responsible for related
  processes,
• - inter-agency cooperation protocols.

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8. International cooperation

• Role of the International community for the fight
  against corruption (treaties activities) gt
  international cooperation gt Developing national
  anti-corruption policies, legislation, activities
  harmonized with international standards and good
  practices
• Activities
• Anti-corruption agencies are principal
  counterparts in initiatives to promote or verify
  compliance with such standards
• focal point for promoting and managing
  international cooperation on anti-corruption,
  representing the country in international
  anti-corruption fora
• Facilitate and promote discussions with
  international organizations and bilateral donors.

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9. Increasing and disseminating knowledge on
corruption prevention
gt generating and/or producing knowledge
implicit in other functions development of
anti-corruption policies, diagnostic research, or
evaluating the effectiveness of anti-corruption
policies. gt efforts to extend this technical and
specialized knowledge to different groups in
society
- make the materials produced more accessible to
wider audiences - production of
easy-to-understand informative materials,
(guidelines, on the norms and guidelines that
concern civil servants) - Diffusing Information
that concerns the citizens role in fighting
corruption - Organizing trainings, seminars,
and workshops for civil servants and public
officials. - educational and awareness raising
campaigns

• Capacities
• translate sometimes difficult technical concepts
  into more accessible form
• training skills,
• public relations/mass communication
  competencies.
• Outsourcing

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10. Enhancing civil society participation in the
fight against corruption

• developing systems and policies that promote
  transparency and accountability of the public
  sector, and citizen participation in
  decision-making processes. These objectives
  constitute part of preventive anti-corruption
  policies
• including civil society in the performance of
  preventive functions (policy formulation,
  diagnostic research, monitoring the
  implementation of anti-corruption policies etc.)
• receiving reports and complaints about corruption
  from the citizens

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11. Enforcement of preventive anti-corruption
measures

• AC agencies are sometimes also mandated to
  implement and/or enforce elements of certain
  preventive regimes, particularly the following
• conflict of interest provisions
• codes of ethics
• asset declaration regulations
• rules governing gifts received by public
  officials
• public procurement regulations or,
• political party and campaign finance rules.

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Thank you!

• website
• http//europeandcis.undp.org/anticorruption
• interactive workspace
• http//ws.undp.sk/par_acacpn

Francesco Checchi. Anti-Corruption Project
Associate Tel  [phone] francesco.checch
i_at_undp.org
Dan Dionisie, Policy Specialist Public
Administration Reform and Anti-corruption Tel
421 2 59337 265 dan.dionisie_at_undp.org