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