Problems and challenges in the implementation of anti-corruption activities

1. Problems and challenges in the implementation of anti-corruption activities Public Administration Reform and Anti-Corruption Regional Community of Practice Drago KOS President of the Commission for the Prevention of Corruption, Slovenia President of GRECO UNDP,Bratislava, 15-16 October, 2007

2. Corruption – Topic No. 1 For citizens journalists experts politicians

3. Fight against Corruption – Theory (UNCAC) Preventive measures Criminalization, law enforcement International cooperation Asset recovery Technical assistance, information exchange

4. Fight against Corruption – Practice (UNCAC) Legal documents (strategies, laws, by-laws) Institutions (preventive, repressive, FIUs) Practice

5. Anti-Corruption Strategies by UNCAC to ensure not only the adoption but also the implementation policies have to be effective and coordinated the whole society must be recognised as important element main principles of the policies: rule of law, demand for governments to manage public affairs in a transparent, ethical and honest way and to take care about public ownership in an open, responsible and fair manner, promotion of general integrity, transparency and accountability there are not only policies, which are important but also practises, which effectively prevent corruption periodical assessment of policies

6. Anti-Corruption Strategies in Practice • the institution responsible for drafting and/or changing of the policytext • the institution responsible for the adoption of the policy (government or the parliament), • the institution(s) responsible for the implementation of the policy and its/ their powers (just coordination or also sanctioning ), • basic goals of the policy (law enforcement only, preventive only, combined), • areas of the policy (law enforcement, prevention, education, raising of awareness, combination), • sectors in which the policy should be implemented (public sector only, some or all sectors of society), • the level of inclusion of civil society in the preparation and implementation of the policy....

7. Criminalization of Corruption Offences To follow UNCAC or Council of Europe Criminal Law Convention on Corruption?

8. Criminalised Offences --active and passive bribery in the public sector (national, intl.) active and passive bribery in the private sector trading in influence* money laundering ---------------------------------------------------- embezzlement *(public and private sector) abuse of functions* illicit enrichment* concealment* obstruction of justice + Liability of legal persons

9. Specialised AC Institutions - I International legal requirements: necessary independence and autonomy, absence of undue pressure or influence, appropriate training, enough resources, specialisation.

10. Specialised AC Institutions - II Other features: 1. there can be one or more anti-corruption bodies in a country 2. establishment and functioning of the anti-corruption body(ies) have to follow the fundamental principles of the legal system of the country, 3. anti-corruption body(ies) can have only preventive, only repressive (investigative, law-enforcement) or combined preventive/repressive powers; 4. preventive functions should at least include assurance of theand dissemination of knowledge about the prevention of corruption.

11. Preventive Practices (by UNCAC) • Efficient, merit-based, non-partisan, trained and ethical civil service (Article 7) • Transparent funding of political parties and elections (7) • Codes of conduct (8) • Transparent and objective public procurement and management of public finances (9) • Public reporting (10) • Independence of judiciary and prosecution service (11) • Accounting and auditing standards in the private sector (12) • Transparency among private entities (12) • Prevention of conflicts of interest/pantouflage (12) • Participation of the society (13) • Prevention of money laundering (14)

12. Are Decision-Makers Serious? • In the area of strategies • In the area of criminalisation • In the area of institutional set-up • In practice

13. How to Disable AC Strategies? • The list of “good wishes” • No fixed procedures for follow-up • No institutions responsible for monitoring • No resources for monitoring • No changes or too frequent changes of strategies • No responsibility of public office holders for non-implementation

14. How to Disable AC Institutions? • Slowing down their establishment (legal tricks, problems with personnel) • Limitation of financial resources for their work • Limitation of staff • No real powers • Undermining credibility of institutions and their managers • Dismissal of managers • Reorganisation • Crushing • Abolishment

15. International Assistance in the AC Area • Usually linked with financial support • Involvement of foreign and domestic experts • No real control over the use of money • No real standards = no quality control • Modest influence on the national solutions ------------------------------------------------------------- What is the goal for foreign donors – to really help or just to spend money on something that looks good ??

16. Problems in Some Countries • Slovenia is abolishing the Anti-Corruption Commission • Romania is changing legislation and dismissing AC experts • Bosnia is not nominating the “AC Working Group” • Serbia is “studying” the AC legislation for months • Macedonian AC Commission has lost its teeth • Russia is preparing AC legislation on completely different levels • Council of Europe has interrupted AC project in Ukraine • In Moldova there is no coordination among MOLICO and MCC projects • KACA in Kosovo is not getting basic resources • In Albania too frequent changes are not allowing any effective work • ……. • ……. • …….

17. The Real Name of the Game: To fight corruption or to act as if fighting it?

18. Thank You!! Questions, comments, remarks ?