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Functions and characteristics of prevention of corruption agencies – UNCAC Articles 5 and 6

Hannes Hechler Programme Coordinator U4 Anti-Corruption Resource Centre. Functions and characteristics of prevention of corruption agencies – UNCAC Articles 5 and 6. UNDP-Workshop on Programming in support of Anti-Corruption Agencies Bratislava, 30 June - 1 July 2009.

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Functions and characteristics of prevention of corruption agencies – UNCAC Articles 5 and 6

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  1. Hannes HechlerProgramme CoordinatorU4 Anti-Corruption Resource Centre Functions and characteristics of prevention of corruption agencies – UNCAC Articles 5 and 6 UNDP-Workshop on Programming in support of Anti-Corruption Agencies Bratislava, 30 June - 1 July 2009

  2. Existing ACA-literature little detail on UNCAC Often focussing on specialised agencies Need to identify institutional functions and mandates required in article 6 and what this means for states Rationale

  3. Required functions • Article 6 is intimately linked to article 5 • States are to ensure the existence of a body or bodies, as appropriate, that prevent corruption • by such means as: • implementing • overseeing and • coordinating the implementation of anti-corruption policies; • and to increase and disseminate knowledge about the prevention of corruption.

  4. Preventive functions • Public Sector recruitment • Codes of conduct • Public procurement and financial management • Judicial integrity and independence • Private Sector accounting and auditing • Participation of society • Anti-Money Laundering

  5. Overview of functions • AC-policies can take different forms: • national ac-strategies, • sector policies, or • core public sector reforms (PEMFA, civil service, judiciary, decentralisation, etc.) Knowledge increase and dissemination Implementation Oversight Coordination Analysis Lessons Remedies Actors: Government units across the board • Actors • depend on level: • Intra-institutional • Cross-institutional • National Arm-length Executive Communication, guidance, training

  6. Required independence UNCAC stipulates that • body or bodies are to be granted necessary independence • and the necessary material resources and specialized staff • to enable them to carry out its or their functions effectively and free from any undue influence

  7. Independence revisited Independence to be adapted to different functions

  8. Consequences for institutional arrangements • UNCAC does not call for ONE specialised agency • Institutional arrangement needs to fit national context • Where ACA present, it should not be overburdened • Different institutions will have to be involved in the different functions • Full independence hardly ever needed for preventive functions described in article 5 and 6

  9. Thank you! Hannes Hechler U4 Anti-Corruption Resource Centre hannes.hechler@cmi.no www.u4.no

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