Corruption Strategies: Challenges in implementation. The Mauritius Experience.

1. Corruption Strategies: Challenges in implementation.The Mauritius Experience. Navin Beekarry IMF (Commissioner, Independent Commission Against Corruption- ICAC, Mauritius, 2002-2005) 07 November 2006

2. Preliminary Issues • Experience: • Establishment/Management • Performance Assessment • Standard Model • Success or failure: Indicator/s • Assumptions • Basic Conceptual framework: economic development • National problem: National Survey/Perception • Response: National Commitment • Strategy/Implementation • Challenges in Implementation • Method of evaluation: TI/GII

3. Elements of a National AC Strategy • National Strategy • Legal Framework: • Existing criminal code or new law • UN Convention- “a la carte” • Institutional Framework • Mandate: • Holistic approach: ‘3-pronged model’ • Single mandate • Powers/Tools • Resources

4. Legal Framework: ICAC Mauritius • Pre 2002 legal provisions • Pre-2000: only scanty provisions on bribery • Between 200-2001: Economic Crime and Anti-Money Laundering Act 2000 • The Prevention of Corruption Act 2002: • establishes the structure • defines the mandate/powers • The Financial Intelligence and Anti-Money Laundering Act 2002 • The Prevention of Terrorism Act 2000: • Financing of terrorism

5. The Institutional Model • Mauritius: Hong Kong/ ICAC(NSW)/ SFO • 3-Pillar approach: • Investigation/Prosecution • Education/Community Relations • Prevention • Challenges: • Benefits of the ‘3-pillar approach’ • Problems of ‘borrowed models (legislation)’

6. Mandate/Scope of Jurisdiction • Public sector/Private sector • Judiciary/Police • Political Class- including local authorities • Independence-Accountability • International Co-operation

7. Institutional Structure

8. Structure and Operations • Commission leads the national strategy • Executive/Operational arms • Investigation: • Corruption • Money laundering • Education • Prevention • Support Services • Admin/Finance • Legal [Prosecution/Legal Opinions]

9. Challenges in Implementation • Establishment • Operations • Legal Issues • Media • Transparency/confidentiality • Capacity • Co-ordination

10. Establishment • Immediate effect: • No “staggered proclamation” • Transitional Provisions • Taking over previous workload • ‘borrowed legislation’ • Setting up operational structures • Staffing recruitment and management

11. Operations: Investigation • Jurisdiction to investigate corruption + ML/FT • Offences: • 17 different ‘corrupt practices’ • Nature of ‘offence’: secretive • Procedure: • Complaints: anonymous/written • Whistle-blowing/witness protection • Procedural/Evidence • Prosecution • Constitutional difficulties • Absence of power to prosecute related offences

12. Corruption Offences • Bribery by public official • Bribery of public official • Taking gratification to screen ofender • Public official using his office for gratification • Bribery of or by public official to influence decision of public body • Influencing public official • “traffic d’influence” • Public official taking gratification • Bribery for procuring public contracts • Traeting a public official • Receiving gift for a corrupt purpose • Corruption of an agent • Corruption to provoke a serious offence • Conflict of interest

13. Powers/Tools • Investigation Powers • S.50 PCA (S2.SFO/UK); • Method of investigation- hearing • Arrest and detention • Police • Protection of witnesses-whistle blowing • Seeking and obtaining information • S.54 PCA

14. Legal • New set of rules-new challenges • Special investigation powers • Compulsory powers • Seeking Information • Right of silence/self-incrimination • Judiciary • Tension between traditional approach and new norms • Lawyers’ responsibility: STR • Different offences • Training/Expertise

15. Operations: Prevention (Systems Enhancement) • Objectives: • eliminate associated risks • Enhances systems’ integrity/confidence • Reduces complexities in systems • Processes/products: • On-site examination • Code of Ethics • Code of Conduct • Administrative Procedures • Benefits: • Promotes inter-agency co-operation • Supports investigation • Difficulties • Co-operation among institutions • Promoting Recommendations

16. Operations: Education/Community Relations • Objective: raise awareness among the different stakeholders • Public; private; NGOs; trade-unions; schools; women groups; youth; police; judiciary; media; religious groups • Mobilize public support • Tool: National Strategy- • Identifies extent of problem • Determines priorities • Builds confidence and integrity • Develop culture of integrity • Supports the two other functions

17. Community Relations: Challenges • Public Expectation • Big fish/Small fish • Manipulation by Media • Why not politicians? • National Survey

18. International Co-operation • Mutual assistance in relation to corruption and money laundering • Authentication of documents • Providing and obtaining assistance to foreign states • Property tracking • Forfeiture and freezing of assets • Confiscation • Extradition

19. Safeguards and Independence • 4 Oversight mechanisms • Parliamentary Committee • Corruption Advisory Committee • Operations Review Committee • Community Relations and Prevention Advisory Committee • Cumbersome Mechanism • Political: interference • Second-guessing decision • Proper Balance

20. Independence and Accountability: Parliamentary Committee • Composition: 10 MPs • 5 Government/5 Opposition • Functions • Monitors and review general functions of Commission • Review budgetary estimates of Commission • Approves salaries and wages • Functions do not include operations, especially investigation

21. Independence/Accountability: Corruption Advisory Committee • Consultative and advisory • General issues related to • staff, • administrative policies • Disciplinary reports • Annual estimates • Situation regarding corruption in the country • Annual report of Commission

22. Independence /Accountability:Operations Review Committee • Only function related to investigations • Composition: • senior retired public officers • Commissioner of Police • Private sector representative • Receive or call for reports and advise the Commission: • Complaints and manner Commission is dealing with them • Investigations Commission has decided to discontinue • >6 months investigations • Search warrants issued

23. Independence/Accountability: Community Relations and Corruption Prevention Advisory Committee • Advise Commission on strategies to reduce corruption • Design educational programs to involve the community • Practices and procedures of public bodies and private sector • Relationship between the Commission and the Press

24. Role of Media • Transparency: recognition of role of media • Member of Advisory Committee • Meeting with Editors-in-Chief • Challenges: • Misunderstanding • Investigation-threat to integrity of system • Interest • Transparency: public v/s private rights?

25. Co-operation • “Perfect Partners” approach • Obstruction • Refusal to collaborate • Obtaining information

26. Thank You