Corruption Strategies: Challenges in implementation 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: 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

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

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: Transitional Provisions No “staggered proclamation” Transitional Provisions Taking over previous workload ‘borrowed legislation’ Setting up operational structures Staffing recruitment 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 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

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

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