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Corruption Strategies: Challenges in implementation. The Mauritius Experience. Navin Beekarry IMF (Commissioner, Independent Commission Against Corruption-

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Presentation on theme: "Corruption Strategies: Challenges in implementation. The Mauritius Experience. Navin Beekarry IMF (Commissioner, Independent Commission Against Corruption-"— Presentation transcript:

1 Corruption Strategies: Challenges in implementation. The Mauritius Experience. Navin Beekarry IMF (Commissioner, Independent Commission Against Corruption- ICAC, Mauritius, ) 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 : 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 Commission (Commissioner) Investigation Division (Deputy- Commissioner) Corruption- Money Laundering Education/Prevention Division (Deputy- Commissioner) Education-Prevention Legal Division (Commissioner) Admin/Finance Division (Commissioner)

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 1. Parliamentary Committee 2. Corruption Advisory Committee 3. Operations Review Committee 4. 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: 1. Complaints and manner Commission is dealing with them 2. Investigations Commission has decided to discontinue 3. >6 months investigations 4. 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


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