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Corruption Strategies: Challenges in implementation.
The Mauritius Experience.
Navin Beekarry IMF (Commissioner, Independent Commission Against Corruption-ICAC, Mauritius, 2002-2005)
07 November 2006
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
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
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
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)’
Mandate/Scope of Jurisdiction
Public sector/Private sector
Judiciary/Police
Political Class- including local authorities
Independence-Accountability
International Co-operation
Institutional Structure
Commission(Commissioner)
Investigation Division(Deputy-
Commissioner)Corruption-
Money Laundering
Education/Prevention Division(Deputy-
Commissioner)Education-Prevention
Legal Division(Commissioner)
Admin/FinanceDivision
(Commissioner)
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]
Challenges in Implementation Establishment
Operations
Legal Issues
Media
Transparency/confidentiality
Capacity
Co-ordination
Establishment Immediate effect:
No “staggered proclamation”
Transitional Provisions Taking over previous workload ‘borrowed legislation’
Setting up operational structures
Staffingrecruitment and management
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
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
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
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
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
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
Community Relations: Challenges
Public Expectation
Big fish/Small fish
Manipulation by Media
Why not politicians?
National Survey
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
Safeguards and Independence 4 Oversight mechanisms
1. Parliamentary Committee2. Corruption Advisory Committee3. Operations Review Committee4. Community Relations and Prevention Advisory Committee
Cumbersome Mechanism
Political: interference
Second-guessing decision
Proper Balance
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
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
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:1. Complaints and manner Commission is dealing with them
2. Investigations Commission has decided to discontinue
3. >6 months investigations
4. Search warrants issued
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
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?
Co-operation “Perfect Partners” approach
Obstruction
Refusal to collaborate
Obtaining information
Thank You