Presentation by Hon. Dr. Miria Matembe

From Uganda

At the Conference on promoting Good Governance for Ombudsman and Anti-

Corruption office in Public Institutions in Africa

Organized by CAFRAD

10-12 May 2010

Tangier, MOROCCO

Recently the terms “governance” and “good governance” are being increasingly used in development literature.

Bad governance is being increasingly regarded as one of the root causes of all evil within our societies especially Africa.

Good governance is viewed as a basic requirement for development yet, corruption undermines good governance.

In fact corruption is one of the causes of bad governance while bad governance provides a good fertile ground for corruption to flourish.

Therefore fighting corruption is essential for promoting good governance.

For good governance to be achieved there should be political will to curb corruption at all levels of government as corruption thrives in environments characterized by weak checks and balance mechanisms.

Good governance is achieved through establishment of good and strong institutions, laws, procedures and mechanisms to enforce accountability and transparency.

Corruption is understood to encompass:

• Conversion of public funds and resources or misuse or abuse of power by public office for personal gain

• Taking advantage of one’s position for self interest to the prejudice of public interest.

• Where a public official has a lot of discretion but mechanisms to check on such individuals are either weak or nonexistent.

• Corruption also finds fertile ground among family members or relations and friends of public officials who have monopoly positions in public or private sectors.

• Corruption erodes the moral fabric of society and violates the social and economic rights of the poor and the vulnerable. It undermines Democracy, retards development and erodes the integrity of government. In a small book entitled the value of integrity, Pam Brown says,

• “When a government loses its integrity the times are dangerous and when the populace accepts the loss the times are desperate”.

• “When gain is put before integrity society crumbles”

Repressive and unaccountable government.

Poor remuneration of civil servants Lack of capacity and independence of

institutions/structures intended to provide checks and balances.

Unevenly provided and poor quality public services.

Absence of ethical values and value systems leading to moral decadence and degeneration

Subversion of development plans leading to poverty and under development.

Diversion of resources that might have been invested productively.

Corruption denies the poor of social services such as health, education, water e.t.c.

Corruption increases the cost of doing business and undermines investment opportunities

• In quest to fight corruption so as to promote good governance many African countries have established special institutions and mechanisms to deal with the problem. These institutions are known by different names in different countries. Some are independent bodies established by national constitutions such as the inspector General of Government (IGG) in Uganda.

• Besides these new institutions there are also traditional institutions which have always existed as governance institutions which in one way or another have a role in fighting corruption and promoting good governance.

• In Uganda such institutions include::

The public accounts committee of Parliament is mandated to examine the audited accounts showing the appropriation of funds granted by Parliament to meet Government’s public expenditure. This is a committee through which Parliament exercises its oversight role by calling upon government to show how it has managed the public resource in discharge of its governance role.

The Auditor General has a key role to play in promoting sound and transparent Financial Management and contributes to both preventing and detecting corruption .The Auditor General’s report facilitates the PAC in its oversight role on the executive.

This is a new body created in Uganda as regulatory body for procurement and disposal of public assets, one of the government’s efforts to fight corruption.

As part of its functions, PPDA:

issues various tools for conducting public procurement, disposal of public assets, and compliance with the law.

has a data management function which entails developing a system of managing data on all public procurement and disposal;

Has a capacity building function which entails developing procurement and disposal capacity through training and line support and an audit function which entails auditing the preparation process and the award and completion of contract

The DPP has the mandate over all prosecutions in any country including cases of corruption and bribery. It does not have the powers to conduct investigations but can direct the police to investigate any information of a criminal nature and initiate any criminal nature.

The ultimate responsibility is with parliamentarians to expose and denounce corruption, educate the public, and to ensure that civil society has the legal space in which to work and operate effectively.

Lack of transparency and accountability in parliamentary proceedings negates good governance therefore the role of parliaments is crucial in order to bring about greater accountability and transparency

In Uganda the IGG is the main anti- Corruption Agency.

It is an independent Constitutional body specifically mandated with the responsibility of eliminating corruption and abuse of office. It reports to Parliament and has the function of promoting and ensuring strict adherence to the rule of law and principles of natural justice in administration, a mandate always handled by what is commonly known as Ombudsman in other countries.

It is also charged with the responsibility of enforcing the leadership code.

For the purpose of coordination and proper follow-up of cases in Uganda, all these Institutions have formed a forum known as the Anti-corruption inter-Agency Forum which is cheered by the ministry of Ethics and intergrity.

Governance is defined as the process of decision-making and implementation. It is the process whereby public institutions conduct affairs, manage public resources and guarantee the realization of human rights in a manner essentially free of abuse, corruption, and with due regard to the rule of law.

Governance encompasses:

The processes, by which governments are selected, monitored and replaced:

The capacity of the government to effectively formulate and implement sound policies:

The respect of citizens and the state for the institutions that govern economic and social interactions among them:

Good governance is an ideal which is difficult to achieve in its totality. However, to ensure sustainable human development efforts must be taken to work towards this ideal with the aim of making it a reality. Good governance promotes accountability and strengthens confidence and trust in government/ management administration.

Good governance however remains elusive with no limitation of scope that commands universal acceptance.

The true test of good governance is the degree to which it delivers on the promise of human, civil, cultural, economic, political and social rights .

It ensures that corruption is minimized, the views of minorities are taken into account and that the voices of the most vulnerable in society are heard in decision-making. It is also responsive to the present and future needs of society and the nation at large.

CHARACTERISTICS OF GOOD GOVERNANCEGood governance has 8 foremost features: It is participatory, consensus oriented,

accountable, transparent, responsive, effective and efficient, equitable and inclusive and follows the rule of law.

Participation by both men and women is a key cornerstone of good governance.

Participation could be either direct or through legitimate intermediate institutions or representatives.

It is important to point out that representative democracy does not necessarily mean that the concerns of the most vulnerable in society would be taken into consideration in decision making. Participation needs to be informed and organized. This means freedom of association and expression on the one hand and an organized civil society on the other hand.

Good governance requires fair legal frameworks that are enforced impartially.

It also requires full protection of human rights, particularly those of minorities.

Impartial enforcement of laws requires an independent judiciary and an impartial and incorruptible police force.

Transparency means that decisions taken and their enforcement are done in accordance with established rules and procedures.

It also means that information which is easily understandable is freely available and directly accessible to those who will be affected by such decisions and their enforcement

Good governance requires that institutions and processes try to serve all stakeholders within a reasonable timeframe.

Good governance requires mediation and accommodation of the different interests in society that enables the emergence of a broad consensus, on what is in the best interest of the whole community and how this can be achieved.

It also requires a broad and long-term perspective on what is needed for sustainable human development and how to achieve the goals of such development. This can only result from an understanding of the historical, cultural and social contexts of a given society or community.

A society’s well being depends on ensuring that all its members feel that they have a stake in it and do not feel excluded from the mainstream of society.

This requires all groups, but particularly the most vulnerable, have opportunities to improve or maintain their well being.

Good governance means that processes and institutions produce results that meet the needs of society while making the best use of resources at their disposal.

The concept of efficiency in the context of good governance also covers the sustainable use of natural resources and the protection of the environment.

Accountability is a key requirement of good governance. Not only governmental institutions but also the private sector and civil society organizations must be accountable to the public and to their institutional stakeholders.

Who is accountable to who varies depending on whether decisions or actions taken are internal or external to an organization or institution.

In general an organization or an institution is accountable to those who will be affected by its decisions or actions.

Accountability cannot be enforced without transparency and the rule of law.

Corruption is one of the causes of bad governance while bad governance also leads to corruption. That inevitably means that fighting corruption contributes to good governance. All the work within the mandates of the Anti Corruption Agencies has to do with accountability, effectiveness, efficiency, adherence to the rule of law, established procedures and regulations all of which are elements of good governance.

Corruption through election rigging and vote buying in Africa continues to undermine the democratic process there by denying people leaders of their choice. Anti-corruption agencies are an asset in dealing with such a situation

Promoting good governance requires a complementary strategy to overcome the vested interests that can, often through corrupt practices, prevent the adoption or implementation of comprehensive structural and institutional reforms. Working with Anti Corruption Agencies provides such a strategy

Establishment of economic/ administrative/ market reforms

Update of mandatory accounting, audit, procurement regulations

Involvement of civil society groups

Strengthening capacities for decision-making and delivery of basic services

Implementation of developmental initiatives.

Pressure to reduce corruption and move towards good governance is both necessary and desirable but these ends cannot be achieved unless attention is also given to other governance capacities required for accelerating and sustaining growth.

THANK YOU FOR LISTENING TO ME