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:

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

Commission(Commissioner)

Investigation Division(Deputy-

Commissioner)Corruption-

Money Laundering

Education/Prevention Division(Deputy-

Commissioner)Education-Prevention

Legal Division(Commissioner)

Admin/FinanceDivision

(Commissioner)

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:

No “staggered proclamation”

Transitional Provisions Taking over previous workload ‘borrowed legislation’

Setting up operational structures

Staffingrecruitment 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

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

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

1. Parliamentary Committee2. Corruption Advisory Committee3. Operations Review Committee4. 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:1. Complaints and manner Commission is dealing with them

2. Investigations Commission has decided to discontinue

3. >6 months investigations

4. 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