G20 ANTI-CORRUPTION ACTION PLAN

G20 ANTI CORRUPTION WORKING GROUP (ACWG) Established at Toronto Summit in 2010 Mandates: adopting and enforcing strong and effective anti-bribery rules, fighting corruption in the public and private sectors, preventing access of corrupt persons to global financial systems, cooperation in visa denial, extradition and asset recovery, and protecting whistleblowers who stand-up against corruption. At the Seoul G20 Summit in November 2010, the first G20 Anti-Corruption Action Plan was published. The first G20 Anti-Corruption Action Plan -- 2 year mandate due to expire at the end of 2012.

The G20 Anti-Corruption Action Plan (2010-2012) Key outstanding areas of are: Criminalize foreign bribery. Money Laundering (FATF standards). Denial of entry to corrupt officials. International Cooperation (technical and mutual legal assistance). Asset Recovery (StAR and United Nations Convention Against Corruption (UNCAC). Implementation of UNCAC. Whistleblower Protection Laws. Effective functioning of Anti-Corruption Bodies Public Sector Integrity

The G20 ANTI CORRUPTION ACTION PLAN (2013-2014) Ratification and implementation of the UNCAC Developing measures and enforcing laws against foreign bribery Promoting effective enforcement of legislation against domestic and foreign bribery Committing to pursue those who receive and solicit bribes Combating money laundering Denying safe haven to the proceeds of corruption and to facilitate asset recovery Support the recovery of proceeds of corruption stowed abroad Strengthen international cooperation to tackle corruption and bribery and facilitate asset recovery Enacting and implementing whistleblower protection rules Ensuring anti corruption authorities to operate free from undue influence and provided with proper independence Promoting integrity, transparency, accountability and the prevention of corruption in the public sector Promoting global governance Anti-Corruption at the private sector Public private partnerships to combat corruption

The Jakarta Statement on Principles for Anti-Corruption Agencies

The United Nation Convention against Corruption (UNCAC) Article 6. Preventive anti corruption body or bodies Each party shall, […], ensure the existence of a body or bodies, as appropriate, that prevent corruption […] Each state party shall grant the body or bodies referred to in paragraph 1 of this article the necessary independence, in accordance with the fundamental principles of its legal system, to enable the body or bodies to carry out its or their functions effectively and free from any undue influence. The necessary material resources and specialized staff, as well as the training that such staff may require to carry out their functions, should be provided

UNCAC Article 36. Specialized authorities Each party shall […] ensure the existence of a body or bodies or persons specialized in combating corruption through law enforcement. Such body or bodies or persons shall be granted the necessary independence […] to be able to carry out their functions effectively without any undue influence. Such persons or staff of such body or bodied should have the appropriate training and resources to carry out their tasks

Jakarta Statement on Principles for Anti-Corruption Agencies Hosted by KPK, UNDP and UNODC 26-27 November 2012 in Jakarta Attended by current & former heads of ACAs, representatives of regional networks, experts

The Jakarta Statement on Principles for Anti-Corruption Agencies Mandate Collaboration Permanence Appointment Continuity Removal Ethical Conduct Immunity Remuneration Authority over human resources Adequate and reliable resources Financial Autonomy Internal Accountability External Accountability Public Reporting Public Communication and Engagement MANDATE: ACAs shall have clear mandates to tackle corruption through prevention, education, awareness raising, investigation and prosecution, either through one agency or multiple coordinated agencies; COLLABORATION: ACAs shall not operate in isolation. They shall foster good working relations with state agencies, civil society, the private sector and their stakeholders, including international cooperation; PERMANENCE: ACAs shall, in accordance with the basic legal principles of their countries, be established by proper and stable legal framework, such as the Constitution or a special law to ensure continuity of the ACA; APPOINTMENT: ACA heads shall be appointed through a process that ensures his or her apolitical stance, impartiality, neutrality, integrity and competence; CONTINUITY: In the event of suspension, dismissal, resignation, retirement or end of tenure, all powers of the ACA head shall be delegated by law to an appropriate official in the ACA within a reasonable period of time until the appointment of the new ACA head; REMOVAL: ACA heads shall have security of tenure and shall be removed only through a legally established procedure equivalent to the procedure for the removal of a key independent authority specially protected by law (such as the Chief Justice); ETHICAL CONDUCT: ACAs shall adopt codes of conduct requiring the highest standards of ethical conduct from their staff and a strong compliance regime; IMMUNITY: ACA heads and employees shall have immunity from civil and criminal proceedings for acts committed within the performance of their mandate. ACA heads and employees shall be protected from malicious civil and criminal proceedings. REMUNERATION: ACA employees shall be remunerated at a level that would allow for the employment of sufficient number of qualified staff; AUTHORITY OVER HUMAN RESOURCES: ACAs shall have the power to recruit and dismiss their own staff according to internal clear and transparent procedures; ADEQUATE AND RELIABLE RESOURCES: ACAs shall have sufficient financial resources to carry out their tasks, taking into account the country’s budgetary resources, population size and land area. ACAs shall be entitled to timely, planned, reliable and adequate resources for the gradual capacity development and improvement of the ACA’s operations and fulfillment of the ACA’s mandate; FINANCIAL AUTONOMY: ACAs shall receive a budgetary allocation over which ACAs have full management and control without prejudice to the appropriate accounting standards and auditing requirements; INTERNAL ACCOUNTABILITY: ACAs shall develop and establish clear rules and standard operating procedures, including monitoring and disciplinary mechanisms, to minimize any misconduct and abuse of power by ACAs; EXTERNAL ACCOUNTABILITY: ACAs shall strictly adhere to the rule of law and be accountable to mechanisms established to prevent any abuse of power; PUBLIC REPORTING: ACAs shall formally report at least annually on their activities to the public. PUBLIC COMMUNICATION AND ENGAGEMENT: ACAs shall communicate and engage with the public regularly in order to ensure public confidence in its independence, fairness and effectiveness.

Jakarta Statement on Principles for Anti-Corruption Agencies STATUS Mandate Collaboration Permanence

Leadership and Immunity Appointment Removal Continuity Immunity

Human Resource & Finance Remuneration Authority over human resources Adequate and reliable resources Financial autonomy

Accountability and Reporting Ethical conduct Internal and External Accountability Public Reporting Communication and Engagement

KPK’s struggle to remain independent

AT A GLANCE Established in December 2003 Independent from the Executive, Legislative, Judiciary and any other powers Responsible to the Public Financially, KPK is audited by the Indonesian Supreme Audit Board‏ Lead by 5 commissioners

THE KPK’S DUTIES KPK MONITORING PRE-INVESTIGATION INVESTIGATION PROSECUTION COORDINATION SUPERVISION PREVENTION

Corruption cases handled by KPK (as of June 2013) 72 Member of Parliaments 7 Ministers/Head of Ministerial Level 9 Province Governors 33 Mayors and Head of Regents/District 7 Commissioners of General Election; Judicial; Anti-Monopoly Commissions 4 Ambassadors (incl. former Chief National Police) and 4 General Counsels 1 Governor of Central Bank & 4 Deputies Governor 6 Judges, 2 Prosecutors and Defense Counsels, incl. KPK’s investigator Dozens of High rank Govt. Official echelon I & II (Director General, Secretary general, Deputy, Director, etc) Dozens High rank CEO of state owned companies and private sectors involved in public corruption * Mostly using investigative techniques 100 % CONVICTION RATE

KPK : Jakarta Principles STATUS Clear and strong mandates Active collaboration with domestic and international institutions Proper and stable legal framework (Law No 30 year 2002) LEADERSHIP Accountable and transparent recruitment system Suspension, dismissal, resignation, retirement or end of tenure of KPK Commissioner are regulated by Law no 30/2002 No immunity for KPK commissioner and its employees HUMAN RESOURCE & FINANCE In the process to recruit KPK Investigator and Prosecutor Financial autonomy over the budget Adequate and reliable resources ACCOUNTABILITY AND REPORTING Established integrity values, code of conduct and strong internal supervision on ethic compliance Audited annual reporting to the public Engagement with civil societies and media to guard transparency and good governance and continuous support/cooperation KPK : Jakarta Principles