UNCAC direct impact on                        Public Administrations                        Francesco Checchi, UNDP Bratis...
Defining Corruption    World Bank: Misuse of public power for     private benefit;    UNDP: Misuse of public power, offi...
Defining Corruption    Defining corruption based on the causes of     corruption:    Robert Klitgaard’s: C (Corruption) ...
Defining Corruption    The UNCAC does not define corruption –     why ? (corruption as a changing     phenomenon – define...
Corruption – A Global Threat    World Bank – More than 1 trillion US$ is paid in     bribes a year and the harm exceeds t...
UNCAC    In force in Uzbekistan since July 2008    No self implementation of the     convention    The UNCAC has mandat...
UNCAC Aims and Structure of    Convention1. Prevent and Combat Corruption More Efficiently and   Effectively2. Internation...
4 Important articlesfor the work of the academy    Art. 5 (1-4) Preventive AC policies and     practices    Art. 7 (1) -...
UNCACArticle 5 (1) - Requirements    Effective and coordinated Anticorruption Policies                                  A...
Art 5 (3-4)    Para (4) (Subject to State’s own Domestic System)Cooperate                  Regional & Int’l   - Internati...
Article 7 (1) Measures for Public Sector      (employment)1. Each State Party shall, endeavour to adopt, maintain and stre...
    All appointments should have stated terms and conditions of     service, and remuneration, commensurate with the duti...
    There should also be annual performance appraisals for     individual members of staff for determination of effective...
(b) That include adequate procedures for the selection    and training of individuals for public positions considered    e...
(c) That promote adequate remuneration and equitable     pay scales, taking into account the level of economic     develop...
(d) That promote education and training programmes toenable them to meet the requirements for properperformance of public ...
Art. 8 - Codes of Conduct for PublicOfficials    each State Party shall endeavour to apply codes or standards     of cond...
Art 8 So it is the responsibility of the state to give the instruments and  possibility to the civil servants to properly...
Art 8    Thus codes should address issues of public service    procedures to ensure fairness and transparency in     pro...
Art 8. State Party should ensurethat    support mechanisms are in place to encourage the     use of the Code;    complia...
Art 8 (3) measures and systems to facilitatethe reporting by public officials of acts ofcorruption    States Parties are ...
Art. 10Public ReportingEach State Party shall introduce measures as may be necessary   to enhance transparency in its publ...
Art 10 key characteristicsof effective access are:    those responsible for decisions are publicly known;    those decis...
Thank you !Tashkent, April 2009
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UNCAC - Direct Impact on Public Administrations

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UNCAC - Direct Impact on Public Administrations

  1. 1. UNCAC direct impact on Public Administrations Francesco Checchi, UNDP Bratislava Regional CentreTashkent, April 2009
  2. 2. Defining Corruption World Bank: Misuse of public power for private benefit; UNDP: Misuse of public power, office or authority for private benefit – through bribery, extortion, influence peddling, nepotism, fraud, speed money or embezzlement; More recently: the misuse of entrusted power for private benefit.Tashkent, April 2009
  3. 3. Defining Corruption Defining corruption based on the causes of corruption: Robert Klitgaard’s: C (Corruption) = M (Monopoly) + D (Discretion) – A (Accountability), or Corruption = (Monopoly + Discretion) – (Accountability + Integrity + Transparency)Tashkent, April 2009
  4. 4. Defining Corruption The UNCAC does not define corruption – why ? (corruption as a changing phenomenon – defined by the UNCAC as a crime) From a methodological perspective UNDP: corruption as a “governance deficit” [reflected in the UNCAC chap.2]Tashkent, April 2009
  5. 5. Corruption – A Global Threat World Bank – More than 1 trillion US$ is paid in bribes a year and the harm exceeds the proceeds – US$ 1 bribes = US$ 1.7 damage Asian Development Bank – Cost of corruption = up to 17% of GDP Corruption impacts disproportionately the poor and other disadvantaged groupsTashkent, April 2009
  6. 6. UNCAC In force in Uzbekistan since July 2008 No self implementation of the convention The UNCAC has mandatory and non- mandatory provisionsTashkent, April 2009
  7. 7. UNCAC Aims and Structure of Convention1. Prevent and Combat Corruption More Efficiently and Effectively2. International Cooperation & Technical Assistance including Asset Recovery3. Integrity, Accountability and Proper Management of Public Affairs and Property 4 pillars: Preventive Measures – criminalization and law enforcement – international cooperation – asset recovery – Plus technical assistance and information exchange Tashkent, April 2009
  8. 8. 4 Important articlesfor the work of the academy Art. 5 (1-4) Preventive AC policies and practices Art. 7 (1) - Measures for Public Sector (employment) Art. 8 - Codes of Conduct for Public Officials Art. 10 – Public ReportingTashkent, April 2009
  9. 9. UNCACArticle 5 (1) - Requirements Effective and coordinated Anticorruption Policies A I M E D reflect Participation of Society – Respect of the Rule of Law – Proper Management of Public Affairs and Public Property – Integrity, Transparency and AccountabilityTashkent, April 2009
  10. 10. Art 5 (3-4) Para (4) (Subject to State’s own Domestic System)Cooperate Regional & Int’l - International Programs Organizations - Projects to implement AC Policies (e.g.ACPN) Tashkent, April 2009
  11. 11. Article 7 (1) Measures for Public Sector (employment)1. Each State Party shall, endeavour to adopt, maintain and strengthen systems for the recruitment, hiring, retention, promotion and retirement of civil servants(b) That are based on principles of efficiency, transparency and objective criteria such as merit, equity and aptitude; States Parties should consider: developing a system to attract and retain individuals of the highest level of skill and integrity. How? establishing an institution such as a public services commission to handle or provide guidance on recruitment, employment and promotion procedures. All posts should be openly advertised and filled under agreed recruitment procedures which would range from transparent procedures for selection and appointment criteria, to the confirmation of qualifications and references for successful candidates. Tashkent, April 2009
  12. 12.  All appointments should have stated terms and conditions of service, and remuneration, commensurate with the duties and responsibilities of the post. Public officials should have proper training, including ethics training, and career development as well as financial benefits such as health insurance, vacation leave, sick leave, and protection of retirement benefits. There should be annual evaluation of pay scales taking into account cost-of-living increases as well as comparability across the public sector, and taking account of salary levels for similar functions in the private sector.Tashkent, April 2009
  13. 13.  There should also be annual performance appraisals for individual members of staff for determination of effectiveness, training needs, career progression and promotion. Payroll records should be underpinned by a centralized or institutional personnel database against which to verify the approved establishment list and the individual personnel records (or staff files).Tashkent, April 2009
  14. 14. (b) That include adequate procedures for the selection and training of individuals for public positions considered especially vulnerable to corruption and the rotation, where appropriate, of such individuals to other positions;The institution for the PA should consider conducting an audit to: determine which public positions or activities are particularly vulnerable to corruption; and prepare a report addressing the assessments and specific risks within vulnerable sectors, with consequential proposals to deal with them. Management should also introduce specific support and oversight procedures for public officials in positions that are especially vulnerable to corruption, including regular appraisals, confidential reporting, registration and declaration of interests, assets, hospitality and gifts Tashkent, April 2009
  15. 15. (c) That promote adequate remuneration and equitable pay scales, taking into account the level of economic development of the State Party; One major area of concern, particularly for developing or transitional States Parties, is ensuring adequate remuneration for public officials. Both the level and certainty of payment may encourage corruption. ‘Adequate’ means that, at the least, pay scales should allow public officials to meet living costs commensurate with their position and responsibilities and comparable with similar positions in other sectors. States Parties should also ensure that the pay scales are linked to career progression, qualifications and promotion opportunities. Tashkent, April 2009
  16. 16. (d) That promote education and training programmes toenable them to meet the requirements for properperformance of public functions and that provide them withspecialized and appropriate training on corruption  all public officials should benefit from suitable courses on professional ethics.  Training should incorporate discussion on the resolution of specific practical examples and the appropriate means for raising or reporting concerns.  adequate information to staff on their rights and duties, and on the risks of corruption or misconduct attaching to the performance of their functions Tashkent, April 2009
  17. 17. Art. 8 - Codes of Conduct for PublicOfficials each State Party shall endeavour to apply codes or standards of conduct for the correct, honourable and proper performance of public functions. take note of the relevant initiatives of regional, interregional and multilateral organizations in this area establishing measures and systems to facilitate the reporting by public officials of acts of corruption to appropriate authoritiesTashkent, April 2009
  18. 18. Art 8 So it is the responsibility of the state to give the instruments and possibility to the civil servants to properly perform functions of the PAThe CODES of conduct: establishes clearly what is expected of a specific public official or group of officials, thus introducing fundamental standards of behavior against corruption. standarrds may include: Democratic Values: to serve the public interest. Professional Values: Serving with competence, excellence, efficiency, respect for the law, objectivity, transparency, confidentiality and impartiality. Ethical Values: Acting at all times in such a way as to uphold the public trust. People Values: Demonstrating respect, fairness and courtesy in their dealings with both citizens and fellow public officials. Tashkent, April 2009
  19. 19. Art 8 Thus codes should address issues of public service procedures to ensure fairness and transparency in providing public services and information cover acceptance of gifts, hospitality, and other benefits, relating to conflicts of interest placing restrictions on political activities and ensuring that political activities do not influence public office dutiesTashkent, April 2009
  20. 20. Art 8. State Party should ensurethat support mechanisms are in place to encourage the use of the Code; compliance with the Code may be taken into account in relation to career progression, etc; code of conduct training is ongoing; the organisation continually promotes its ethical culture (a code of conduct is an important but not the only tool for this); the Code is enforced through disciplinary action when necessary; the Code is regularly reviewed for currency, relevance and accessibilityTashkent, April 2009
  21. 21. Art 8 (3) measures and systems to facilitatethe reporting by public officials of acts ofcorruption States Parties are required to establish adequate rules and procedures facilitating officials to make such reports. These are intended to: encourage an official to report, to know who to report to, and to be shielded from possible retaliation from employers or actions in the courts.Tashkent, April 2009
  22. 22. Art. 10Public ReportingEach State Party shall introduce measures as may be necessary to enhance transparency in its public administration, including with regard to its organization, functioning and decision- making processes These may include: Publishing information on decisions and legal acts that concern members of the public; Simplifying administrative procedures, Adopting procedures or regulations allowing members of the general public to obtain, information on the organization, functioning and decision-making processes of its public administrationTashkent, April 2009
  23. 23. Art 10 key characteristicsof effective access are: those responsible for decisions are publicly known; those decisions they are planning to take are publicly known; people have access to information about decisions with technical information available in plain language; people know what decisions have been taken and the reasons for them; and there is a right to challenge or appeal any decision.Tashkent, April 2009
  24. 24. Thank you !Tashkent, April 2009

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