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Corruption Strategies: Challenges in implementation

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1 Corruption Strategies: Challenges in implementation
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: Performance Assessment Assumptions
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

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: Transitional Provisions
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 Arrest and detention
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 Judiciary Training/Expertise
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 Parliamentary Committee Corruption Advisory Committee Operations Review Committee 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: Complaints and manner Commission is dealing with them Investigations Commission has decided to discontinue >6 months investigations 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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