“(1) In its resolution 55/61 of 4 December 2000, the General Assembly recognized that an effective international legal instrument against corruption, independent of the United Nations Convention against Transnational Organized Crime (resolution 55/25, annex I) was desirable and decided to establish an ad hoc committee for the negotiation of such an instrument in Vienna at the headquarters of the United Nations Office on Drugs and Crime (UNODC). The text of the United Nations Convention against Corruption was negotiated during seven sessions of the Ad Hoc Committee for the Negotiation of the Convention against Corruption, held between 21 January 2002 and 1 October 2003. The Convention approved by the Ad Hoc Committee was adopted by the General Assembly by resolution 58/4 of 31 October 2003. The General Assembly, in its resolution 57/169 of 18 December 2002, accepted the offer of the Government of Mexico to host a high-level political signing conference in Merida for the purpose of signing the United Nations Convention against Corruption. In accordance with article 68 (1) of resolution 58/4, the United Nations Convention against Corruption entered into force on 14 December 2005. A Conference of the States Parties is established to review implementation and facilitate activities required by the Convention.
(2) First International Forum on Tax and Crime ∙ Oslo ∙ 21-23 March 2011. Issues related to greater inter-agency co-operation were discussed by more than 150 delegates from 54 delegations who participated in the first tax and crime forum on 21-23 March 2011 in Oslo hosted by the Norwegian government. The conference brought together representatives from a range of OECD and non-OECD governmental agencies, including Tax Administrations, Finance and Justice Ministries, Financial Intelligence Units, Central Banks, FATF, International Organisations, as well as business and NGOs. Second International Forum on Tax and Crime ∙ Rome ∙ 14-15 June 2012. This Forum brought together senior policy makers from different government agencies including the tax, anti-money laundering and anti-corruption communities, as well as private sector representatives, NGOs and other interested stakeholders. Participants examined best practice approaches to closer inter-agency co-operation at the domestic level and explore how to improve international cooperation. The conference also showcased specific key risks in the tax and crime area, allowing countries to target resources and learn from the experience of others. Building on previous events in Oslo and Rome, the Third Forum on Tax and Crime provided an opportunity for senior government officials from tax and customs administrations, anti-money laundering and anti‑corruption authorities, police and law enforcement, public prosecutors, financial regulators and government Ministries, as well as international organisations and NGOs, to discuss current issues and country experiences on key policy and operational topics in combating all forms of financial crime.
(3) The 4th Joint African Union Commission/United Nations Economic Commission for Africa (AUC/ECA) Conference of African Ministers of Finance, Planning and Economic Development was held in 2011. This Conference mandated ECA to establish the High Level Panel on Illicit Financial Flows from Africa. Illicit financial flows out of Africa have become a matter of major concern because of the scale and negative impact of such flows on Africa’s development and governance agenda. By some estimates, illicit flows from Africa could be as much as US $50 billion per annum. This is approximately double the official development assistance (ODA) that Africa receives and, indeed, the estimate may well be short of reality as accurate data does not exist for all transactions and for all African countries.
Fronting means a deliberate circumvention or attempted circumvention of the South African B-BBEE Act and the Codes. Fronting commonly involves reliance on data or claims of compliance based on misrepresentations of facts, whether made by the party claiming compliance or by any other person. Verification agencies, and /or procurement officers and relevant decision-makers may come across fronting indicators through their interactions with measured entities. The B-BBEE Commission may also approach a court of law to restrain any breach or for any appropriate remedial relief, which may include setting aside the transaction or initiative. The B-BBEE Commission will not discuss the merit or the details of its investigative process, but the findings will be published as required in the B-BBEE Act.
The treasury is launching a central supplier database and a central e-tender portal next month in a bid to fight corruption and make government procurement more efficient and cost-effective.
In 2013-2014, the public sector spent R500-billion on goods, services and construction. Government itself has admitted that at least R30-billion of this was lost to corruption.
The overhaul of the government’s procurement processes and policies began with the establishment of the office of the chief procurement officer in the treasury in 2013. This will oversee the way in which the government does business with the private sector.
Finance Minister Nhlanhla Nene announced the move in his budget speech last week, a few weeks after the treasury released its 2015 Supply Chain Management Review, the first major assessment of government procurement since 2004.
Nene said: “Suppliers will be required to register once when they do business with the state.
“This will significantly reduce the administrative burden for business, especially small and medium-sized enterprises. This intervention will also reduce the administrative burden for supply chain management practitioners.”
Tax and BEE status Nene said the database would interface with the South African Revenue Service, the Companies and Intellectual Property Commission and the payroll system, and would electronically verify a supplier’s tax and black employment equity status.
The system would also be able to identify a public sector official who was trying to do business with the state.
He said all tenders would be advertised on the e-tender portal, and all tender documents would be open to the public. “Tender advertisements in newspapers and the Government Gazette will be phased out.”
According to the review, public sector supply chain management is dogged by “constant allegations of corruption and inefficiency”.
It says some of the key problems are inexperienced leaders, high staff turnover rates, confusion about roles and responsibilities, political interference, red tape for small and medium businesses, and unethical behaviour.
Internal controls There are 36 different government supply chain management systems, which are poorly integrated and automated.
The review says internal controls are diluted if not applied consistently and this contributes to the noncompliance reported by the auditor general.
The treasury plans to replace all these systems with one, the integrated financial management system (IFMS), and the central supplier database will fall under it.
This will make data mining possible. It will assist the government to identify trends, calculate costs accurately and improve the planning and costing procedures when compiling the budgets of departments, municipalities and parastatals.
The review says most tender processes lack transparency and, ideally, bid documents, committee evaluation minutes, bidders and their prices should be public. The government says it will enhance transparency by “institutionalising disclosure” and that all information will be housed on the procurement officer’s website.
The office is tasked with monitoring and regulating government procurement, managing centralised government contracts and making sure that the different spheres of government have the technology and policies needed to drive more cost-effective procurement.
The treasury also wants the office to have more power to intervene when there is a failure in the tendering process. This will include the cancelling of fraudulent contracts and the ability to claim damages. It will include blacklisting any company or individual found guilty of abusing a tender process.
Contract centralisation The government is investigating the centralisation of government contracts for banking services, computers, information communication technology (ICT) services and infrastructure, consulting services, security services, air travel and accommodation, school textbooks and stationery, healthcare equipment and leased buildings.
The review says centralised contracting is an “important instrument”, which will enable the government at all levels to buy goods and services from a central list of approved suppliers who have been vetted for cost and quality.
The government has 37 central contracts covering 8?000 line items worth a total of R16-billion. It says the value of goods and services procured using central contracts will be increased significantly with the new line items.
The government spends R12-billion on consulting services, R10-million on ICT, R5-billion on air travel and accommodation, and R3.5-billion on security services. These four categories add up to more than R30-billion, almost double the value of total centralised contracts.
The list of nationally negotiated contracts will be expanded over the next three years, according to the review, which will save the government “significant sums”.
How tenders go wrong
Pre-tender stage violations include:
Development of biased specifications;
Procurement of items not budgeted for;
Wrong choice of procurement strategy;
Poor procurement plans;
Abuse of noncompetitive procedures; and
Inadequate needs assessments.
Tendering stage violations include:
No public notification of invitations to tender;
Evaluation criteria changed during bid evaluation and adjudication;
Conflicts of interest not declared;
Political interference;
Recommendations ignored by accounting officers;
Manipulation of scores;
Discretion used to award tenders to more than one bidder; and
Detailed tender records not kept.
Post-tendering stage violations include:
Contracts or service-level agreements tailored to benefit suppliers;
Pursuant to article 63 of the Convention, the Conference of the States Parties to the United Nations Convention against Corruption was established to improve the capacity of and cooperation between States parties to achieve the objectives set forth in the Convention and to promote and review its implementation.
Regular sessions of the Conference
Sixth session of the Conference of the States Parties to the United Nations Convention against Corruption (2015)
Fifth session of the Conference of the States Parties to the United Nations Convention against Corruption (Panama, 25-29 November 2013) Documents - Report - Resolutions and decisions
Fourth session of the Conference of the States Parties to the United Nations Convention against Corruption (Marrakech, 24-28 October 2011) Documents - Report - Resolutions and decisions
Third session of the Conference of the States Parties to the United Nations Convention against Corruption (Doha, 9-13 November 2009) Documents - Report - Resolutions and decisions
Second session of the Conference of the States Parties to the United Nations Convention against Corruption (Nusa Dua, Indonesia, 28 January-1 February 2008) Documents - Report - Resolutions and decisions
First session of the Conference of the States Parties to the United Nations Convention against Corruption (Amman, 10-14 December 2006) Documents - Report - Resolutions and decisions
The CleanGovBiz Initiative supports governments to reinforce their fight against corruption and engage with civil society and the private sector to promote real change towards integrity.
Encouraging employees to report wrongdoing ("or blow the whistle"), and protecting them when they do, is an important part of corruption prevention in both the public and private sectors. Employees are usually the first to recognise wrongdoing in the workplace, so empowering them to speak up without fear of reprisal can help authorities both detect and deter violations.
In the public sector, protecting whistleblowers can make it easier to detect passive bribery, the misuse of public funds, waste, fraud and other forms of corruption. In the private sector, it helps authorities identify cases of active bribery and other corrupt acts committed by companies, and also helps businesses prevent and detect bribery in commercial transactions. Whistleblower protection is thus essential to safeguarding the public interest and to promoting a culture of public accountability and integrity.
The OECD has collected and analysed information on approaches to and trends in whistleblower protection in OECD countries, and developed a "toolkit" for policy makers (see Resources below).
In most jurisdictions, there is an obligation for public officials to report corruption and other wrongdoing. However, employees who do so may be subject to intimidation, harassment, dismissal and even violence from their colleagues or supervisors; individual careers as well as the organisational culture may suffer. Therefore, the encouragement of whistleblowing must be accompanied by legal protection and clear guidance on reporting procedures.
The majority of OECD countries have introduced legal protection for whistleblowers, either through a dedicated law or through provisions in other laws. International anti-corruption instruments have also recognised the importance of whistleblower protection laws.
Revisiting Whistleblower Protection in OECD Countries: From Commitments to Effective Protection (2014)
Whistleblower protection is an essential element for safeguarding the public interest, for promoting a culture of public accountability and integrity, and for encouraging the reporting of misconduct, fraud and corruption. Re-visiting whistleblower protection and reflecting on what countries have learned in recent years is timely. Countries have undertaken varied approaches to the protection of whistleblowers within their respective jurisdictions. However main trends and conditions for an effective protection of whistleblowers can be identified. This report focuses on the main features of whistleblower protection laws and systems, and provides examples throughout of approaches and trends across OECD countries.
Based on the G20 Guiding Principles Guiding Principles for Legislation on the Protection of Whistleblowers, the OECD CleanGovBiz Toolkit on Whistleblower Protection offers practical guidance through a priority checklist with seven questions addressed to policy makers who are interested in encouraging and protecting whistleblowers.
At the Seoul Summit in November 2010, G20 Leaders identified the protection of whistleblowers as one of the high priority areas in their global anticorruption agenda, and subsequently included it in point 7 of the G20 Anti-Corruption Action Plan. Following the request by Members, the OECD prepared a study of the main features of whistleblower protection frameworks in place in G20 countries, together with guiding principles and best practices, to help them carry out their commitments to strengthen the protection of whistleblowers.
International instruments
Interational instruments aimed at combating corruption have also recognised the importance of having whistleblower protection laws in place as part of an effective anti-corruption framework.
Whistleblower protection requirements have been introduced in the:
People’s faith in government is stagnating at record lows, with citizens questioning their trust in government leaders to make ethical and moral decisions. People increasingly feel that democracy is not working in their favour. A key reason for this is the perception that when it comes to politics, money talks.
POLICY CAPTURE RISKS
While there is not yet consensus on whether donations directly influence election outcomes, the possible existence of a causal link between campaign spending and performance in elections should be enough to put us on our guard.
Evidence suggests that policy capture has consequences on business competition in some countries, regions or sectors. In some countries swings in market shares of companies can reflect the changing preferences of the political leadership for well-connected businesses.
Financial contributions by lobbyists in the political process also present a threat to fair and democratic decision-making.
DEVELOPING A POLICY FRAMEWORK
This Framework aims to map a wide range of risk areas and to provide policy tools to adequately regulate the financing of political parties and electoral campaigns.
The framework will ensure transparency and promote a level playing field on:
public funding to parties and candidates;
private funding, spending limits, disclosure and scrutiny on funding;
compliance through independent and efficient oversight, sanctions, and monitoring
The Framework also focuses on the need to foster a wider culture of integrity in the public and private sectors, with codes of conduct, conflicts of interest rules, and a framework for lobbying and asset disclosure among others.
Iran has opened a series of high-level judicial cases against former administration officials, leading some to believe that the government is cleaning up its act to attract private investment in the economy.
The massive U.S. Navy scandal involving an East-Asia Pacific ship supply contractor and its convicted chief executive has now reached up into the admiral’s ranks. And the probe is far from over...
Corruption, Human Rights Abuses & War Crimes: Only Moral Integrity Will Save The Govt By Jude Fernando -February 15, 2015 Justice will not be served until those who are unaffected are as outraged as...
Former Petrobras CEO José Sergio Gabrielli, who presided over one of the brightest periods in the state-owned oil giant’s history, denies any knowledge of the alleged corruption that has mired the company in scandal.
In its resolution 3/1, entitled "Review mechanism", the Conference recalled article 63 of the United Nations Convention against Corruption, especially paragraph 7, according to which the Conference should establish, if it deemed it necessary, any appropriate mechanism or body to assist in the effective implementation of the Convention.
In the same resolution, the Conference adopted, subject to the provisions of the present resolution, the terms of reference of the Mechanism for the Review of Implementation of the United Nations Convention against Corruption, contained in the annex to the present resolution, and the draft guidelines for governmental experts and the secretariat in the conduct of country reviews and the draft blueprint for country review reports, contained in the appendix to the annex, which will be finalized by the Implementation Review Group.
In its resolution 4/1, entitled "Mechanism for the Review of Implementation of the United Nations Convention against Corruption", the Conference recalled its decision, contained in its resolution 3/1, by which the Group was charged with following up and continuing the work undertaken previously by the Open-ended Intergovernmental Working Group on Technical Assistance, and taking into account the fact that, pursuant to paragraph 11 of the terms of reference, one of the goals of the Mechanism is to help States parties to identify and substantiate specific needs for technical assistance and to promote and facilitate the provision of technical assistance.
In the same resolution, the Conference recalled in particular, as laid out in its resolution 3/4, its endorsement of country-led and country-based, integrated and coordinated technical assistance programme delivery and its encouragement to donors to accord high priority to technical assistance to implement the United Nations Convention against Corruption.
Also in the same resolution, the Conference endorsed Implementation Review Group resolution 1/1, entitled "Resource requirements for the functioning of the Mechanism for the Review of Implementation of the United Nations Convention against Corruption for the biennium 2012-2013".
In the same resolution, the Conference endorsed the guidelines for governmental experts and the secretariat in the conduct of country reviews and the blueprint for country review reports as finalized by the Group at its first session and the practice followed by the Group with regard to the procedural issues arising from the drawing of lots.
Ensuring that the integrity of government decision-making is not compromised by public officials’ private interests is a growing public concern. New forms of partnership between government and the private and non-profit sectors present new challenges for policy-makers and public managers.
Effectively managing conflict of interest requires a balance. A too-strict approach to controlling private interests may conflict with other rights or be unworkable or deter experienced and competent potential candidates from entering public office or public service.
A modern approach to conflict-of-interest policy seeks to strike a balance by: identifying risks; prohibiting unacceptable forms of private interest; raising awareness of the circumstances in which conflicts can arise; and ensuring effective procedures to resolve conflict-of-interest situations.
Level of disclosure of private interests in the legislative branches of government (2010)
Why does the OECD help countries manage conflict of interest?
The OECD helps countries modernise their approach for managing conflict of interest by mapping “at risk” areas and positions within the public service. It has identified a set core principles and standards for the design and implementation of conflict-of-interest policies.
The OECD has developed Guidelines for Managing Conflict of Interest in the Public Service. These Guidelines were approved as a Recommendation by the highest body of the OECD, the Council, in June 2003. OECD Recommendations reflect a consensus by member countries as good practice.
The OECD supports and measures progress the implementation of the Guidelines through a toolkit to provide generic examples and practical ideas and instruments for policy-makers and managers. It also conducts analysis of the application of conflict-of-interest policies for “at risk” positions and areas within the public service.
OECD Guidelines for Managing Conflict of Interests in the Public Service
The Guidelines for Managing Conflict of Interest in the Public Service aim to help policy-makers and public managers consider existing conflict-of-interest policy and practices relating to public/civil servants, government employees and holders of public office.
The Guidelines:
Provide a practical framework of reference for reviewing and modernising existing policy solutions in line with good practice.
Promote a public service culture in which conflicts of interest are properly identified and resolved or manager.
Support partnerships between the public, private and non-profit sectors in identifying and managing conflict-of-interest situations.
OECD Guidelines for Managing Conflict of Interest in the Public Service: Report on Implementation (2007) highlights the progress made in managing conflict of interest in the public service in OECD member countries. It also outlines arrangements in place for preventing conflict of interest in post-public employment and improving governance arrangements to ensure transparency in lobbying.
OECD Toolkit for Managing Conflict of Interests in the Public Service
To support governments’ efforts in managing conflict of interest, the OECD developed a practical Toolkit in 2005 to help effectively identify and resolve conflict-of-interest situations.
Experience shows that identifying and resolving these situations can be difficult to achieve in daily practice.
This toolkit provides non-technical, practical help to enable officials to recognise problematic situations and help them to ensure that integrity and reputation are not compromised.
The tools are based on examples of sound conflict-of-interest policy and practice drawn from OECD member and non-member countries. They have been designed for adaptation to suit countries with different legal and administrative systems.
Revolving Doors: Emerging Regulatory Concerns and Policy Solutions in the Financial Crisis (ongoing) focuses on key aspects of the ‘revolving door’ phenomenon with a specific focus on regulators in the financial sector.
Post-Public Employment: Good Practices for Preventing Conflict of Interest (2010) reviews the measures taken in OECD countries for avoiding conflict of interest when officials leave public office. It includes a detailed case study of Norway’s experience in developing and implementing post-public employment guidelines for politicians and the public service.
Public procurement is the purchase by governments of goods, services and works.
Public procurement accounts for approximately 13% of GDP in OECD member countries.
It is the government activity most vulnerable to waste, fraud and corruption due to the size of the financial flows involved.
Billions of dollars in stimulus funds and accelerated procurement procedures create additional risks.
INTEGRITY IN PROCUREMENT Integrity in public procurement is essential in maintaining citizens’ trust in government. Governments are recognising the potential of procurement to improve public sector performance through savings and economies of scale.
OECD work in this area can be viewed by the following six subject areas.
PROCUREMENT AS % OF TOTAL SPENDING (2011)
General government procurement spending represents 29% of total general government expenditures (13% of GDP).
PrinciplesKnowledge sharing Indicators
The Principles promote good governance in the entire procurement cycle.
The SwissLeaks scandal around the HSBC bank subsidiary there has highlighted how globalisation can facilitate tax-dodgers. Only a bright spotlight of information can deter them.
This man with his Belief, mindset and public statement about the mence of the official corruption in Nigeria has no business with the presidency of Nigeria. vote him out in 2015 #PoliticalAttackDogForBuhari – Sunday Iwalaiye.
Former senior official Su Rong has been expelled from the Chinese Communist Party for corruption and faces prosecution, says the country's anti-corruption body.
Bring guidelines for commercial bodies to prevent bribery: Law Commission - With India bidding big ticket investments, the Law Commission on Friday recommended mandatory norms by government for commercial organisations to prevent bribery.
The Swiss banking arm of HSBC is facing criticism after secret banking files recently released show the bank helped wealthy customers avoid taxes and hide mi...
Debates in the Ukraine parliament have become somewhat heated. So much so that two MPs had to take it outside in the corridor - to settle their dispute in a good old fashioned boxing match....
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