A call to action: Eradicate Corruption in the Procurement Sector in Sierra LeoneAn Advocacy Campaign Plan

 

29 March 2013

PRESENTED BY ABDULAI TAYLOR KAMARA

PROGRAMME OFFICERTRANSPARENCY INTERNATIONAL SIERRA

LEONE

Organizational BackgroundTransparency International Sierra Leone (TISL)

started as a Taskforce in 2001 when 7 professional Sierra Leoneans participated in the Annual Members Meeting and International Anti-Corruption Conference in Prague, Czech Republic organized by Transparency International.

In July 2004, TISL was reorganized as an independent organization called National Accountability Group with a mandate to achieve greater accountability, transparency and integrity in private and public affairs.

Background cont.In September 2010, after duly serving as a

local chapter in formation and completing a Self-Assessment of TI for Full Chapter status, TISL was granted Full Accreditation by TI Secretariat as the Local Chapter in Sierra Leone. This has led to the change of name and logo in April 2011.

TISL’s core focus areas are on research and survey, public education and awareness raising, institutional capacity building and coalition building and networking.

INTRODUCTION TO CORRUPTIONCORRUPTION IS AFFECTING COUNTRIES

IN AFRICA AND THE WORLD AT LARGE. A RECENT STUDY UNDERTAKEN BY THEODORES GREENBERG QUOTED THE WORLD BANK ESTIMATE THAT MORE THAN ONE TRILLION DOLLARS IS PAID IN BRIBES EACH YEAR AND THAT THE PROCEEEDS OF CORRUPTION STOLEN FROM DEVELOPING COUNTRIES RANGES FROM 20BILLION -40BILLION DOLLARS PER YEAR

What is special about public Procurement

CONSTITUTES 70% OF NATIONAL BUDGET

UNIFORMITY OF SYSTEMS AND PROCEDURES ACROSS THE PUBLIC SECTOR

THE PRINCIPLES OF PROCUREMENT IN THE PUBLIC AND PRIVATE SECTORS ARE THE SAME

ACCOUNTABILITY TO PARLIAMENT, CIVIL SOCIETY AND WATCH DOG INSTITUTIONS

Why and how does corruption occur in procurement

Causes of corruption in procurementStructural causes – refer to the political

system, history, culture and other systemic factors.

Individualistic causes – related to the individual’s decision to engage in corrupt actions

Weak internal control systems e.g PO having the authority to deal with rules and regulations in a discretionary manner

How does corruption occur in procurement

BriberyExtortion- threaten a person in order to obtain

somethingEmbezzlement – the illegal appropriation of public

property or money entrusted to someoneNepotism – Favor relatives when awarding contractsPatronage system – Granting contracts in return for

political support – disregard for formal rulesFraud – deceit and manipulation of information, by a

public officer ( case study)Collision and cozy relationship with suppliers

Risk for corruption in Procurement processes

Corruption can take place in any stage of the procurement cycle .

Lack of transparency Inconsistent distribution of information to bidders Unclear reasons for the choice of procurement

procedure Unjustified use of non-competitive procedure Unclear evaluation criteria Untrained procurement officers lack

professionalism – leads to planning, budgeting and risk management below standards.

Cycles and areas of potential weaknesses

IDENTIFICATION

PLANNING

SELECTMETHOD

BIDDING PROCESS

EVAL’TE/AWARD

CONTRACTMGT.

MONITORING

DISPOSAL

Opportunities for corruptionSize of the contract – the more money involve

the higher potential kickbackComplexity of technology – with high level

technology involved in a contract, it tends to be more difficult to evaluate whether a price paid for a good is realistic or not

Type of sector involved - There are some sectors that are very prone to corruption than other sectors. E.g Mining, public works, contracts and construction, Pharmaceutical and medical care, Power generation and transmission. TI 2008.

ContinuesDiscretion: the more a PO can influence demand

and preferences, the easier it is to take part in corruption

Lack of Financial controls: Weak systems of oversight and enforcement may lead to higher level of corruption ( UNDP,2004)

Restricted access to Information: No transparency concerning executive decisions – Lack of public demand for information.

Funding schemes: promotion of funding scheme such as direct budget support – fewer possibilities for financial control

ContinuesImmediacy: the more urgent it is to complete

a contract the more possibilities there are to inflate the price of the contract

Conflict of interest: The risk of corruption increases when public duties and the private interest of an involved actor are conflicting.

Signs of corruption in procurement Red flags of corruption

Pre-tendering red flags Purchase of unnecessary or inappropriate

items Manipulation of procurement thresholds to

avoid prior review Inadequate evaluation criteria or procedures Unreasonable prequalification requirements Ambiguous, incomplete and misleading

contract specification Contract specifications are too narrow or too

broad

Manifestations of corruption in Procurement

2011 Auditor General’s Report (Le 110 billion unaccounted for as a result of breach of procurement rules)

Misuse of the Gavi Funds in the Ministry of Health and Sanitation

Anti-Corruption Commission (ACC) convictions (22, Major and 9 other)

EFFECTS OF CORRUPTIONLimited schools e.g 6 classroom

buildings ended up being 3 classroomsInadequate healthcare facilitiesCosmetic infrastructurePovertyUnfair tradeUnderdevelopment

In order to address these human security threats, corruption should be eradicated in the sector that consumes 70% of government budget.

Objectives of the Advocacy Campaign1. Increase adherence to procurement

laws by government agencies, departments and agencies by 60% by the end of 2015

2. Reduce the number of corruption convictions as a result of breach of procurement laws by government ministries, departments and agencies by 60% by the end of 2015

3. Increase punishment for corruption offences by the Judiciary by 40% by the end of 2015

Specific Advocacy Policy All three of my objectives are in the

implementation stage and target the following legal framework:

The NPPA and the 1991 Sierra Leone ConstitutionThe NPPA regulates procurement processes,

contribute to anti-corruption and reduce ineffectiveness and wastage of public resources and minimizing the negative impacts on government service delivery

However, there are a lots of gaps in the implementation which this advocacy plan seeks to address.

PROCUREMENT PROCESSThe procurement process has the following

steps:AdvertisingShortlistingBid OpeningAward of ContractExecution/implementationMonitoring and EvaluationClosure

Campaign Strategic Framework Key TargetsMass targets( youth and women 60%)Actions: Sit down strikes, community dialogue forums, mass meetings, processions, road paradesPolicy targets (ACC, Judiciary, NPPA, Vote

controllers, Parliamentarians, politicians etc)Actions: Policy brief/National policy conference, stakeholders consultative and engagement meetings, talking to the media, courtesy visits, workplace inetrvention ec

CRITICAL PATHIn order for the objectives of this advocacy

campaign to be achieved, the following steps should be taken:

Objective 1: Increase adherence to procurement laws by government agencies, departments and agencies by 60% by the end of 2015

Simplification of the NPPA in a reader friendly version for all government MDAs

Quarterly monitoring by NPPA to monitor compliance and performance of all public procurements.

Establishment of strong internal control systems and code of conduct for procurement related activities in MDAs

Continues

Objective 2: Reduce the number of corruption convictions as a result of breach of procurement laws by government ministries, departments and agencies by 60% by the end of 2015.Constitutional amendment of sections of the 1991

Constitution relevant to procurement.The establishment of a special court for the ACC. Establish several complaint mechanisms for those

who want to report corruption or unfair treatmentImprove conditions of service of civil servantsCreate a full law for whistleblower protection.Passage of the Freedom of Information Bill into

law.

MEDIAMedia landscape in Sierra Leone is both

electronic and print. For this campaign, TV, Radio, Newspapers, PVs, Posters and billboards and social media tools like facebook and twitter.

RelationshipCordialFormal (give the roles to play)InformalPartnership (to build the spirit of teamwork and

shared responsibility

SWOT ANALYSISStrengths Weaknesses

• National presence of skilled staff• Departmentalized work• Thematized work (sector specific interventions)• History of the organization• Networking and collaboration

Weaknesses• Lack of Human Resource Policy• Lack of adequate fundraising capacities• Limited institutional human resource capacity to respond to issues• Lack of a communication strategy

Opportunities Risks/Threats

• Presence of whistle-blower protection section in the AC Act, 2008• Willingness by MDAs and the President’s “Zero tolerance to corruption”• Collaboration with Media Alliance against Corruption and other media houses• The existence of an NGO Policy that gives legitimacy to operate• The decentralization policy

• Lack of cooperation amongst CSOs. • Play of politics in CSOs work• Civil society co-option by the State• Absence of Freedom of Information Law• Lack of a specific law for whistle blower protection

ALLIANCEGovernment : ACC, NPPA, PACCSOs: CARL, CGG, NMJD, AA,BAN, 50-50

GroupMedia: MAAC & SLBCCivic groups: Traders Union, NYC, DYC,

Contractors Union, women’s groupsWhy the above:The cut across the circle of influenceReachableInfluential

continues Interested Affected (Masses)

CONSIDER THIS IN YOUR WORKPLACE

THE END “combating corruption is integral in achieving a more effective, fair and efficient government”

Abdulai Taylor Kamara