Independence of Anti-Corruption Commission. Presentation to Legislative & Good Governance Committee s, National Assembly of Bhutan 8 January 2013. www.acc.org.bt. Druk Gyalpo. CONTENT. ACA’S MANDATE ACA’S PERFORMANCE ACC’S ULTIMATE GOAL AT THE CORE ROYAL COMMAND CHALLENGES
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Presentation to Legislative & Good Governance Committee s, National Assembly of Bhutan
8 January 2013
To be an edifice of incorruptibility, steadfastness & trustworthiness to ultimately become a vestige/redundant.
Principles of Independence
Principles of Check and Balance
“Independence should not amount to a lack of accountability” (OECD 2008).
In summary, International Best Practice identifies 3 key components of independence essential for ACAs’ effective functioning, viz:
Constitution guarantees independence to ACC – Safeguard from undue political influence [Articles 27 & 32(1)]
Article 27(1) – CKB
Article 5 (1) – ACAB
Article 6 (2) – ACAB
Financial independence [Article 14 (13) – CKB)
Article 7 (1) – ACAB
Article 7 (2) – ACAB
Human resources management
Staff under CSA 2010 and the BCSR 2012 imposes:
Internal and external checks
Article 7 (4) – CKB
Article 7 (6) – CKB
Article 31 (1) – CKB
Article 34(1) ACAB 2011
Although CSA undermined ACC’s independence guaranteed by CKB, ACC operated within civil service ambit (2.5 years).
While RCSC has been supportive:
Consultation may entail in agencies doing what they want.
Case by case and conduct of business based on personal relations are risky.
Complaints Mgt, Follow up & Documentation
Surveillance & Intelligence
HRM & Dev. Services
Social & Political Service
Land & Natural Service
Finance & Business Service
Adm & Finance
Policy & Planning
Research & Product Dev.
ICT & Asset Declaration
HRM & D
Issue is not “If independence has to be given to ACC”; it is constitutionally guaranteed. The issue is its interpretation & implementation.
Ultimately, ACC will be as effective or as ineffective as decision makers and citizens want it to be !