Capacity Assessmentfor Anti-Corruption Agencies Francesco Checchi, UNDP BRC
Why the methodology? The area of corruption prevention is not very well defined, guidance is given by the UNCAC, some good tools concretely when you analyze the agencies dealing with corruption prevention: many different types of agencies with very different structure, mandate, powers, accountability lines etc..the methodology systematize what the agencies concretely do and how refers to the framework of the UNCAC Ideas on how the agency should be positioned within the national integrity system how the functions are related to each other it gives guidance for designing the capacity assessment
Methodology for Assessment ofCorruption Prevention Agencies Adapt the capacity Assessment Framework to the Agencies for prevention of corruption. What is corruption prevention? Definition of corruption prevention (UNCAC chapter 2): - Preventive AC policies and practices - Preventive AC Body or Bodies - Public Sector - Codes of conduct for public officials - Public Procurement and Management of Public Finances - Public Reporting - Measures relating to the judiciary and prosecution services - Private sector - Participation of society
Methodology What the agencies concretely do Policy advice: Formulation of anti-corruption strategies and related action plans and proposal of amendments. The strategy and the amendments are proposed to the executive; depending on the various systems also the legislative can play a role for the approval of the documents. Monitoring of the implementation of the strategy (reports to the executive)
Coordination: Coordination of the activities for implementation of the strategies and action plans; Maintaining and establishing cooperation and coordination with other state bodies as necessary in order to carry out the functions of the agency. Preparing or reviewing anti-corruption legislation (in cooperation with other competent bodies) Monitoring implementation of legislation, provide opinions and clarification on the application of the legislation
Drafting (or giving advice), reviewing, monitoring the implementation of administrative regulations and public employment rules -participates in the drafting of codes of ethics in private and public sector Implementing international standards: Proposing to Government the adoption and implementation of anti-corruption international standards and instruments; Monitoring the implementation of recommendations of international organizations and international treaties and offering recommendations on how to fulfill them.
International cooperation: promoting and managing cooperation with the respective bodies of foreign states and with international actors. Conducting research on corruption: Conducting corruption-related surveys; Analyzing and elaborating statistical data on corruption; Assessing the risk of corruption in existing systems and legislation; Assessing the presence of corruption; Issue reports on the research carried out
Trainings: Organizing trainings, seminars, workshops and other forms of training for officials working in corruption prevention as well as in bodies competent for detecting and prosecuting corruption and other types of crime. Education / awareness raising: Organization of promotional and educational campaigns for increasing of the level of public awareness of corruption problem (causes and consequences), the rights of the citizens and the duties of the public administration, how to denounce corruption
Enhancing civil society participation in the fight against corruption: Receiving reports and denounces of corruption from the citizens Developing systems and policies promoting transparency and accountability of the public sector Reaching out, consulting and cooperating with civil society organizations for corruption prevention and education against corruption
Enforcement of administrative regulations and legislation Some of the agencies for corruption prevention have administrative investigation and enforcement powers and carry out the related operational activities. Mostly the agencies operate in the following fields. : - Monitoring Declaration of assets (collecting and analyzing the declarations); - Collecting and monitoring (by other means) information on the financial status of legally defined categories of public officials; - Control over the gifts received by public officials - Monitoring the respect of the legislation on conflict of interest - Monitoring the respect of the rules on procurement and the entities participating in public tenders - Control of income and property of political parties and other associations - Conducting Administrative investigations relating to disciplinary actions against civil servants.
Self assessment : evaluating the performance of the agency and assessing results and related reporting (Performance measurement systems)
Methodology provides guidelines to assess the capacity of the agencies to carry out the functions described Capacity Levels enabling environment level and organizational level (not at the individual level) Core issues Mission and strategy – business processes – human resources management Methodology base for specific assessments