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National Integrity System Assessment 3 III Transparency Maldives, national contact of Transparency International (TI), is a non-partisan organization that promotes collaboration, awareness and other initiatives to improve governance and eliminate corruption from the daily lives of people. Transparency Maldives views corruption as a systemic issue and advocates for the institutional changes that will punish and prevent corruption Transparency International is the global civil society organisation leading the fight against corruption. Through more than 100 chapters worldwide and an international secretariat in Berlin, we raise awareness of the damaging effects of corruption and work with partners in government, business and civil society to develop and implement effective measures to tackle it. ©2014 Transparency Maldives All rights reserved Layout and design by OTO Cover photo by flickr.com/shaari No use of this publication may be made for resale or other commercial purposes without prior permission of Transparency Maldives. This publication may be produced in whole or in part in any form for education or non-profit uses, without special permission from the holder of copyright, provided acknowledgement of the source is made. Every effort has been made to verify the accuracy of the information contained in this report. All information was believed to be correct as of June 2014. Nevertheless, Transparency Maldives cannot accept responsibility for the consequences of its use for other purposes or in other contexts. Acknowledgements Transparency Maldives would like to thank the following individuals for their review and contributions to the research: Researchers Primary research for the NICSA Country Study: Maldives was conducted by S&R Associates LLP, led by: Dr. Athaulla Ahmed Rasheed, PhD, MAppL, BSocSi (All pillars, up to January 2013) Ali Shujau, LLM, LLB, Attorney at Law (Legislature, Public Sector, Law Enforcement, Electoral Management Body, Ombudsman, Audit Institution, Anti-Corruption Agencies, Political Parties, Media, and Civil Society pillars) Abdul Ghafoor Mohamed, MA, BA (Hons) (Research review) Mohamed Azzam, Bachelor of Business(Hons) (Research Assistant / Interviewer) NIS Advisory Group Mohamed Rasheed Bari, Chairperson of Transparency Maldives Hussain Siraj, prev. Board Member of Transparency Maldives, Fathmath Shafeeqa, Board Member of TM, Department of National Planning Dr. Simad Saeed, Managing Director, CDE Consulting Pvt. Ltd Shahindha Ismail, member of Transparency Maldives, previously member of Police Integrity Commission Hussain Shameem, member of Transparency Maldives, previously Deputy Prosecutor General Review and Quality Control Shaliny Jaufar, External Consultant Libel Check The libel check for this report was completed by the following students, on behalf of Law Students Society of Maldives National University: Abdulla Nahidh (lead) Fathimath Meesha Aishath Eiman Latheef Athiyya Hussain Afshaau Shihaab Table of Contents I. Introductory Note 1 II. About the National Integrity System Assessment 3 III. Executive Summary 11 IV. Country Profile 17 V. Corruption Profile 23 VI. Anti-Corruption Activities 25 VII. National Intergrity System 29 1. Legislature 29 2. Executive 41 3. Judiciary 55 4. Civil Service 71 5. Law Enforcement 85 6. Elections Commission 99 7. Auditor General's Office 111 8. Anti-Corruption Commission 123 9. Political Parties 137 10. Media 151 11. Civil Society 165 12. Business 175 VIII. Conclusions 189 IX. Key Recommendations 195 ANNEX 1: List of Participants at Stakeholders forum 199 for NIS, June 17th 2014 Annex 2: List of Interviewees for Report 201 I Introductory Note Transparency Maldives is pleased to release the 2014 National Integrity System Assessment Maldives report. The report describes the status of the 12 pillars of the Maldivian National Integrity System in terms of their capacity, governance and specific roles in fighting corruption. These aspects are analysed in relation to the strength of the Maldivian legal framework and the institutional practices in place in the country. The results of the National Integrity System Assessment shows the striking difference between the theoretical legal framework and the practical application of law in the Maldives and highlights the overall weak efforts of all institutions in fulfilling their role to fight corruption. Transparency Maldives believes that the assessment report can be an important tool in engendering improvements within all Maldivian institutions in refining their own institutional practices or developing better oversight of other bodies. We hope the report will be instrumental in starting a coordinated effort to work together to ensure the most efficient use of resources to serve the nation as a whole. Transparency Maldives would like to thank the research team, S&R Associates, for the time and attention given to the project. Transparency Maldives also appreciates the effort of all stakeholder agencies and individuals who provided valuable information to both the research team and Transparency Maldives for inclusion in the report. We also acknowledge the efforts of the Law Student Society of Maldives National University for their contribution to the report in completing the libel check. The Advisory Group convened specifically for the NIS report was instrumental in providing guidance, and we thank them for their time and discussions. Mariyam Shiuna Executive Director Transparency Maldives I | Introductory Note 1 II About the National Integrity System Assessment The National Integrity System assessment approach used in this report provides a framework to analyse both the vulnerabilities of a given country to corruption and the effectiveness of national anti-corruption efforts. The framework includes all the principal institutions and actors that form a state, including all branches of government, the public and private sector, the media, and civil society (the ‘pillars’ as represented in the diagram below). The concept of the National Integrity System has been developed and promoted by Transparency International as part of its holistic approach to fighting corruption. Whilst there is no blueprint for an effective system to prevent corruption, there is a growing international consensus about the salient institutional features that work best to prevent corruption and promote integrity. A National Integrity System assessment is a powerful advocacy tool that delivers an holistic picture of a country’s institutional landscape with regard to integrity, accountability and transparency. A strong and functioning National Integrity System serves as a bulwark against corruption and as a guarantor of accountability, while a weak system typically harbours systemic corruption and produces a myriad of governance failures. The resulting assessment yields not only a comprehensive outline of reform needs but also a profound understanding of their political feasibility. Strengthening the National Integrity System promotes better governance across all aspects of society and, ultimately, contributes to a more just society. Definitions The definition of ‘corruption’ used by Transparency International is as follows: ‘The abuse of entrusted power for private gain. Corruption can be classified as grand, petty and political, depending on the amounts of money lost and the sector where it occurs.’1 II | About the National Integrity System Assessment 3 1. The Anti-Corruption Plain Language Guide, Transparency International, 2009, p.14. http:// ‘Grand corruption’ is defined as ‘Acts committed at a high level of www.transparency.org/whatwedo/pub/the_anti_ government that distort policies or the functioning of the state, enabling corruption_plain_language_guide [accessed 21 2 December 2012]. leaders to benefit at the expense of the public good.’ ‘Petty corruption’ 2. Ibid., p.23. is defined as ‘Everyday abuse of entrusted power by low- and mid-level 3. Ibid., p.33. 4. Ibid. p.35. public officials in their interactions with ordinary citizens, who often are trying to access basic goods or services in places like hospitals, schools, police departments and other agencies.’3 ‘Political corruption’ is defined as ‘Manipulation of policies, institutions and rules of procedure in the allocation of resources and financing by political decision makers, who abuse their position to sustain their power, status and wealth.’4 Objectives The key objectives of the National Integrity System assessment are to generate: • An improved understanding of the strengths and weaknesses of the Maldives’ National Integrity System within the anti-corruption community and beyond; • Momentum among key anti-corruption stakeholders in Maldives for addressing priority areas in the National Integrity System. The primary aim of the assessment is therefore to evaluate the effectiveness of Maldivian institutions in terms of preventing and fighting corruption, and fostering transparency and integrity. In addition, it seeks to promote the assessment process as a springboard for action among the government and anti-corruption community in terms of policy reform, evidence-based advocacy, or further in-depth evaluations of specific governance issues. This assessment should serve as a basis for key stakeholders in the Maldives to advocate for sustainable and effective reform. Methodology In Transparency International’s methodology, the National Integrity System is formed of 13 pillars representing all key public and private institutions in a country. CORE GOVERNANCE PUBLIC SECTOR NON-GOVERNMENTAL INSTITUTIONS AGENCIES ACTORS Legislature
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