UNCAC as a Basis for Monitoring of Anti-Corruption Efforts in Bangladesh. Sanaul Mostafa Institute of Governance Studies BRAC University, Bangladesh

Transcription

1 UNCAC as a Basis for Monitoring of Anti-Corruption Efforts in Bangladesh Sanaul Mostafa Institute of Governance Studies BRAC University, Bangladesh

2 Overview A.State of UNCAC implementation B.Relevance of UNCAC monitoring to anticorruption efforts Major stakeholders and role of politicians State of corruption and influence of politicians UNCAC monitoring as a deterrent force against political interference C. Scope of UNCAC monitoring Internal/external International/national D.Conclusion

3 State of UNCAC Implementation Legislative/Systemic Changes Bangladesh acceded UNCAC in Feb 2007 during the Care Taker Government (CTG) Prepared Compliance and GAP Analysis Report and submitted to the CoSP in Jan A revised version was updated in July 2008 to reflect the changes. A third version is being discussed. The ACC issued Ordinances and Rules in 2007 and thus achieved more independence The Government introduced Money Laundering Ordinance in 2007.

4 The new parliament passed Money Laundering Act, 2009 and Right To Information Act, 2009 validating the Ordinances passed during CTG. A review committee formed by the present Government is working to propose changes in the Anti Corruption Act as it believes that ACC has been misused to harass politicians, and their investigative operations compromised with human rights.

5 Administrative measures a) National Integrity Strategy (NIS) A draft National Integrity Strategy to fight corruption (moral approach) has been prepared by the government (ADB supported and IGS facilitated) as a follow up UNCAC obligations. The NIS awaits consideration at the highest level of the bureaucracy before it is submitted to the cabinet of ministers.

6 Broad NIS Outline Understanding of integrity National Integrity System: State and non state institutions Vision and mission Institution specific goal and long and shortterm measures to achieve integrity across institutions Implementation arrangements Monitoring, Review and Reporting

7 b) Capacity building Undertook awareness session on UNCAC for relevant public officials Developed materials for awareness and training of trainers Trained a group of public officials as trainers on UNCAC Several workshops were held for ACC and Central Bank officials and others. More capacity building measures are being planned.

8 c) Action Plan for UNCAC Compliance Ministry of Law Justice and Parliamentary Affairs (MOLJPA) has been preparing the plan with TA from GTZ and facilitated by IGS since mid One launching workshop was held with strong support from the Minister of Law Justice and Parliamentary Affairs (MoLJPA). One post workshop WG meeting was held and one more in mid September to finalize the Action Plan in October. The UNCAC Action Plan is expected to be presented by the Government to the CoSP in Nov 2009 in Doha.

9 Plan Outline Background Objectives and methodology Major UNCAC issues Action Plan Implementation arrangements: Oversight and coordination Monitoring, Review and Reporting

10 B. Relevance of UNCAC Monitoring to Integrity Domestic monitoring (Civil society, media, citizens, CTG) has helped to make the institution of integrity more functional. Major changes relate to: Strong political will Change in the composition of the leadership and staff of the institution of integrity Rules and procedures Follow up

11 International Monitoring Donor agencies and particularly UN, some bilateral agencies and multilateral agencies have been monitoring the process and provided support during the CTG. Major activities included Capacity building Moral support Endorsement most of the activities as development activities during negotiations CoSP has been maintaining some degree of momentum

12 Influence of politicians in institutions (political economy of corruption?)

13 Integrity institutions and positive versus negative interference The politicians traditionally interfered negatively through Selection of people Control over budget and thus over activities Control of rules and procedures During the CTG s rule the interference was somewhat positive but sometimes questionable Positive political will = interference? People generally welcome positive interference Positive interference is even necessary under political government. Strong policy advocacy through people close to power has become now necessary.

14 C. Scope of UNCAC monitoring Monitoring under NIS Framework NIS includes an action plan, foresees implementation arrangement and suggests monitoring, review and reporting Action plan links actions with agency specific objectives, indicators, timeframe and responsible implementers In short, who should monitor, what to monitor and whom to report and how to propose changes are planned.

15 Internal versus External Monitoring Every agency is expected to monitor its own affairs in view of NIS (internal monitoring) and be ready for monitoring by outsiders (external monitoring) Example: NIS Implementation Unit at the Cabinet Division is entrusted with internal monitoring of implementation of activities at public institutions. Civil society, NGOs/think tanks and donor agencies may undertake external monitoring.

16 Domestic versus international monitoring Domestic (all internal and external undertaken by domestic agencies) and international monitoring (CoSP, other donor agencies) are possible under NIS framework. International monitoring might induce little change if domestic monitoring is not properly valued. Domestic monitoring is more process oriented and tend to be more frequent. Domestic monitoring covers the depth and width of NIS issues.

17 Challenges of domestic monitoring Appreciation as a core management activity Clear linking of the function with a person Agency specific capacity (tools, instrument, process management, research/investigation capacity, analytical capacity, and reporting) needs strengthening Initiatives so far are less towards local capacity building and more to one shot events External monitoring agency needs a dynamic approach (research, publicity and advocacy) under changing political context

18 The Cabinet Division will facilitate the implementation of the NIS through relevant line ministries and in collaboration and concurrence with the constitutional bodies and non state institutions. A policy making body, the National Integrity Advisory Committee (NIAC), to be headed by the Prime Minister and comprised of members from the Cabinet and major institutions will provide policy guidance. The Good Governance Cell of the Cabinet Division will function as the NIS Implementation Unit to be headed by an Additional/Joint Secretary, initially as his/her additional responsibility. The NIS Implementation Unit will facilitate the establishment of an Ethics Committee in each institution to be headed by respective head of the institution represented in NIAC.

19 Each institution will nominate an Ethics Focal Point (EFP) from the Ethics Committee to maintain liaison with the NIS Implementation Unit. The EFP will manage the implementation of NIS activities within each institution. The NIS Implementation Unit will encourage individual institutions, through the EFP, to develop and implement detailed workplans based on the NIS Action Plans. The institutions are expected to identify mechanisms to implement specific NIS actions based on their detailed work plans involving their various tiers (District and Upazila). The ultimate objective is to involve all individuals in the practice of integrity.

20 The NIS Unit will undertake monitoring at two levels. First, as part of its management functions, it will monitor the NIS activities of different line ministries and facilitate the same among constitutional bodies and other institutions outside the government. The Government will also monitor expected behavioural change among participating institutions and assess the benefits accrued to the citizens using technical assistance.

21 Implementation set up NIAC Ethics FP (NGOs, Private Sector, Civil Society) NIS Unit Ethics FP (Ministries) Ethics FP (PSC, ACC, EC, Ombudsman) Division Districts UZ

22 Monitoring under UNCAC Action Plan Establish a national level oversight authority and a coordination body to facilitate implementation of UNCAC obligations. Establish a system of communication to share information on UNCAC compliance among focal agency, relevant domestic public institutions and institutions of other countries. Periodically evaluate administrative measures and legal instruments Hold a conference/workshop to share UNCAC compliance with the civil society and general citizens. Participate in international conferences of the State Parties on UNCAC Compliance

23 D. Conclusion UNCAC monitoring has worked in the past. Internal and domestic monitoring is a necessary condition and international monitoring is a sufficient condition. The NIS and UNCAC Action Plan has sufficient room to accommodate monitoring practices. The institutions need to made more capable to implement the anti corruption measures before one can rush to conduct monitoring/review. Thank you!