CONFERENCE REPORT
FIFTH ANNUAL COMMONWEALTH CARIBBEAN ASSOCIATION OF INTEGRITY COMMISSIONS AND ANTI-CORRUPTION BODIES CONFERENCE (CCAICACB)
GRAND CAYMAN, CAYMAN ISLANDS
3-7 JUNE 2019
“TRANSFORMING WORDS INTO ACTION: REVITALISING THE FIGHT AGAINST CORRUPTION” PUBLICATION CREDITS WRITTEN AND PUBLISHED IN 2020 BY THE CAYMAN ISLANDS COMMISSION FOR STANDARDS IN PUBLIC LIFE IN PARTNERSHIP WITH THE COMMONWEALTH SECRETARIAT.
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CONTENTS
Message from the Secretary-General 02 Conference Overview 08 Welcoming Remarks 10 CCAICACB Chairman’s Remarks 12 Opening Proclamation 15 Acronyms and Abbreviations 16 A Note About This Report 17 Opening Ceremony Agenda 18 Opening Ceremony Photos 19 Locations of Delegates 20 Day 1 21 Day 2 24 Day 3 28 Day 4 32 Day 5 33 Appendices 36 Acknowledgements 83 | MESSAGE FROM THE SECRETARY- PAGE | 02 GENERAL OF THE COMMONWEALTH
MESSAGE FROM THE SECRETARY-GENERAL OF THE COMMONWEALTH
3 JUNE 2019 5TH ANNUAL COMMONWEALTH CARIBBEAN ASSOCIATION OF INTEGRITY COMMISSIONS AND ANTI-CORRUPTION BODIES CONFERENCE
Your Excellency, Globally, we are facing a tidal wave of honourable ministers, corruption. distinguished delegates, Commonwealth friends The IMF estimates that bribery costs roughly and colleagues…. 1.5 to 2 dollars trillion annually.
With such dire social and economic We who are gathered here know only too well consequences at stake, the fight against the pernicious economic, social and political corruption has to be a priority for all our impact that is wrought by entrenched member countries. corruption in the lives of people in our communities and in the lives of our nations. In 2015, the UN Office on Drugs and Crime International organisations, development estimated that 2 to 5 per cent of global practitioners, and leaders who are sensitive to domestic product is laundered each year, the plight of their people and the wellbeing of amounting to something between 800 billion their countries, all recognise that corruption and 200 trillion dollars annually. undermines and undoes development. World Bank research has revealed that corrupt So, in our determination truly to live up to the public officials in developing countries receive meaning and ambition of our name between 20 and 40 billion dollars in bribes ‘Commonwealth’, corruption is a cancer we annually. are compelled to confront.
It undermines in ways which are truly tragic So, tackling corruption has to be a priority of the ability of our countries to deliver inclusive the highest order if we are in earnest about and sustainable economic growth and social achieving the Sustainable Development Goals progress. – and we are.
TWhis mhakes trhee the mwe foer o uar cornfeerence as urgent as it is appropriate: “Transforming Doing so brings multiple benefits; poverty is Words into Action: Revitalising the Fight reduced, economic stability and growth are Against Corruption”. increased, and standards of living raised. TODAY | MESSAGE FROM THE SECRETARY- PAGE | 03 GENERAL OF THE COMMONWEALTH
That is why SDG 16 incorporates specific Annual meetings of the association have been targets relating to reducing corruption, opportunities to conduct training and gain bribery, and illicit financial flows. from peer-to-peer learning, and to select And the IMF has made clear that the success countries for benchmarking. of all other SDGs depends crucially on getting to grips with the corrosive cancer of An example of this was the Office of the corruption. Contractor General of Jamaica offering
capacity-building support to the Grenada So, we all need to take swift and decisive Integrity Commission on procurement action to improve transparency and procedures, monitoring and investigation of accountability, and to build confidence that government contracts. our institutions and systems are corruption- free. Another was Grenada providing training That is why the Commonwealth has been centre facilities for the Commonwealth to active in providing practical technical deliver key capacity-building programmes for assistance and development support for institutions in the region. national anti-corruption agencies to build their effectiveness in dealing with corruption. Our Commonwealth anti-corruption work programme demonstrates our collective In our anti-corruption work we employ a determination to eradicate this scourge, and it three-pronged approach, which involves has achieved a global recognition, notably as research, capacity-building and networking. recipient of the 2018 International Anti- Corruption Excellence Award. This is being delivered through a strategy of establishing regional anti-corruption agency There have been many other glowing networks and training centres, facilitating testimonies from heads of Integrity closer cooperation and learning towards Commissions and Anti-Corruption Agencies: attaining SDG 16.
The Prime Minister of Grenada, The Right The networks promote collaboration and the Honourable Keith Mitchell, generously exchange among member countries of best said: practice and of practitioners.
“I thank the Commonwealth for the They also assist with peer review and with technical assistance it has given to measuring the capabilities of agencies against Grenada in particular and the benchmarks. Commonwealth Caribbean in general and look forward to the promotion of The Commonwealth Caribbean Association of Grenada as centre of excellence in Integrity Commissions and Anti-Corruption anticorruption work in the Caribbean.” Bodies was created by the Commonwealth Secretariat in 2015. The Grenada Minister of Communications, Works, Physical WSinceh theen, wree ha vew seeen a calearr e Development, Public Utilities, ICT & strengthening of these institutions as a result Community Development, the of the collaboration this network has Honourable Gregory Bowen, concurs encouraged and facilitated. saying: T ODAY
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“The Commonwealth must be applauded financial support and expert advice in for its anti-corruption efforts under the the subject areas of public sector leadership of Commonwealth Secretary- governance and international Anti- General Patricia Scotland. This is the Corruption afforded to the association by the Commonwealth Secretariat through fourth year that Commonwealth has the sterling leadership of Dr Roger trained stakeholders, from Grenada and Koranteng, each year our association has regional participants.” grown in strength and purpose."
The Chair of the Grenada Integrity “His stewardship has been and continues Commission, Lady Trotman-Joseph, to be the source of strength for the wrote: Association members and we are honour bound and owing gratitude to say Thank “The Integrity Commission of Grenada You to the Commonwealth Secretariat, we could not have done it had it not would like to express our appreciation for been for his hard work and effort.” the services Grenada has received from
Commonwealth Secretariat through Dr The Chair of the Trinidad and Tobago Roger Koranteng." Integrity Commission, Justice Melville Baird, stated: "It was as a result of his inputs and guidance under the auspices of the “The Commonwealth Caribbean Commonwealth Association of Integrity Commissions and Secretariat that the Commonwealth Anti-Corruption Bodies is deeply indebted to the Commonwealth Caribbean Association of Integrity Secretariat for its unstinting assistance Commissions and Anti-Corruption Bodies and for the gift of Dr Koranteng.” (CCAICACB) held its inaugural Conference in Grenada, in 2015." “The CCAICAB is still in its nascent stage and the waters through which our ship “The Commonwealth Secretariat has must sail in its battle against corruption provided the Integrity Commission in are fundamentally uncharted. The Grenada with invaluable support and Commonwealth secretariat through Dr through his professional skills and Koranteng has been an invaluable pilot, guiding, advising, encouraging.” competencies and capacity building
programmes. Grenada's Integrity The Secretary of the Saint Lucia Integrity Commission has begun to see the Commission, Ms Jean Morille, wrote: benefits of effecting synergies between all our anti-corruption agencies in “The Office of Integrity Commission of Grenada and the development of a Saint Lucia wishes to voice its National Anti-Corruption Strategic Plan.” appreciation and gratitude to the Commonwealth Secretariat for the The Chair of the Commonwealth excellent work of Dr Roger Koranteng in Caribbean Association of Integrity assisting Integrity Commissions and Anti- Corruption Bodies in the Commonwealth Commissions and Anti-Corruption in combating corruption.” WhBodeies,r Mer D irkw Haerriso na, wrritees in similar
vein: “His advice and assistance of to our nation and its citizens are immeasurable “Permit me to recognize and and of great necessity.” acknowledge the exemplary facilitation,
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Those warm encomiums of praise mean a The principles and guidance are consistent great deal to us, and they encourage us to with international standards, and go further in work even harder to support all that you are covering other areas of concern not previously doing both at regional level and in your addressed. various national settings to deliver change for the people and communities you serve. Indeed, this Commonwealth package is the first document of which we are aware that In 2016, very soon after I took up the connects all the areas of public and private responsibilities of Secretary-General, which conduct covered by our 22 benchmarks. had been entrusted to me by Heads of Government, I convened the Commonwealth Although designed to be achieved nationally, Tackling Corruption Together conference. compliance with some benchmarks can also be demonstrated by private sector It drew attention, in particular, to the need for organisations - for example that on a simple pan-Commonwealth tool to provide ‘Organisational Anti-Corruption Systems’. practical guidance on clear steps that can be taken to promote integrity and combat This will provide enterprises desiring to corruption – within government, and in private engage in procurement processes and pan- sector organisations. Commonwealth trade with a recognised standard of attainment and compliance. So, I am delighted to report that we at the Commonwealth Secretariat have responded Our intention would be for the benchmarks to to that need. be considered by Commonwealth Heads of Government when they meet next year in Through a consultative process with member Rwanda. countries we have developed Commonwealth Anti-Corruption Benchmarks. We will by that time be one third of the way through the implementation period for the Indeed, we continue to rely on your expertise UN Sustainable Development Goals. as the process of development and refinement continues. As we move on towards the halfway mark in that period, there is an urgent need for all Last month, the Commonwealth Secretariat governments to put in place effective convened a meeting of experts to review the execution, monitoring and evaluation benchmarks package, and I know that some structures for SDG implementation. of you participated and contributed at that gathering. The Commonwealth SDG Implementation Toolkit supports countries with policy gap The package consists of a set of 22 analysis, and with integrating SDG planning benchmarks, covering topics from sanctions into national development agendas, and for corruption offences to investigating and tracking and monitoring results. prosecuting authorities, and from political lobbying to disclosure of asset ownership. By impairing the ability of governments to collect tax fairly and efficiently, corruption WEach hbenechrmaerk isw defiened bay ar perinciple diverts resources away from the vitally stated at a high level, and contains detailed important investments that need to be made guidance for meeting the level of in areas such as health, education, and achievement set by the principle. renewable energy. T ODAY | MESSAGE FROM THE SECRETARY- PAGE | 06 GENERAL OF THE COMMONWEALTH
It tends to attract financing towards wasteful Index, Commonwealth countries are perceived projects with only short-term payoffs or as less corrupt than non-Commonwealth negative impact. countries.
The edge Commonwealth countries have over Corruption also acts as a tax on investment – non-Commonwealth countries on corruption or can block it altogether because of perception is corroborated by the World Bank uncertainty about demands for future bribes. Control of Corruption data from 2012 to 2017.
In the Caribbean region, Commonwealth Young people are deterred from investing in countries are also perceived as less corrupt skills and education – because, where there is than non-Commonwealth countries, with corruption, getting ahead depends on who respective CPI scores for those groupings in you know, not what you know. 2017 being 53 and 32.
World Bank Control of Corruption data Most damaging of all, corruption hurts the confirms this finding, with 2016 scores of 0.43 poor – keeping them poor, robbing them of for Caribbean Commonwealth countries their life chances and ruining their lives. against 0.32 for Caribbean non- Commonwealth countries. It hinders economic opportunity and social It is encouraging too that according to the mobility, undermines trust in institutions, and Transparency International listing of the ten causes social cohesion to unravel. most corrupt countries in the world, there are no Commonwealth Caribbean countries. All of these negative impacts are especially debilitating for youth. A contributory factor to this is Commonwealth leadership and cooperation which brings to When corruption is deeply embedded, far too our members wherever they are the benefits many young people find that they have no of collaborative working and collective action - with counterparts set in every continent and prospects, no sense of purpose, no ability to ocean. participate, to make their mark, to flourish, or to contribute to society. Small states such as many in this region face unique development challenges, and are They lose the motivation, become particularly vulnerable to exogenous shocks, such as natural disasters and climate change. disillusioned, disengaged, and disenchanted.
With limited economic opportunities and They lose hope – because corruption can be significant migration, they often face capacity soul-destroying. constraints.
But it does not have to be like that – and I am We assist our small states with access to sustainable financing, and help them to build optimistic that the Commonwealth Caribbean their resilience, and to make their voices is turning the tide against corruption. heard on the global stage.
And the good news continues - with the Indeed, at this time when multilateralism is further progress you are making through the under threat, and we see nationalism and narrow self-interest on the rise, the Wwork hof yeourr Ineteg riwty Coem maissirones and Anti- Commonwealth shines as a beacon of hope Corruption Bodies. and promise.
According to the 2017 Corruption Perception T ODAY | MESSAGE FROM THE SECRETARY- PAGE | 07 GENERAL OF THE COMMONWEALTH
Collaboration, based on the needs and interdependent lies at the heart of all that the perspectives of all members of our diverse Commonwealth brings to our world – and that family of nations, is central to our includes the work of this 5th Commonwealth Commonwealth approach. Caribbean Integrity Commissions and Anti- Corruption Bodies Conference. We draw together countries at almost every stage of social, economic and political So let us work together with renewed vigour, development, including some of the smallest in hope and harmony, to bring health and and poorest and some of the largest and wholeness to our Commonwealth. richest, including five G20 members.
Uniting in a spirit of goodwill and mutual Rt Hon Patricia Scotland QC support, the similarities of our systems and Secretary-General of the Commonwealth institutions enable lessons learnt in one setting to be shared, adapted and applied elsewhere, so that the benefits of progress can be enjoyed more swiftly by others and for the good of all.
So where some of our members may lead on holistic interventions that reduce negative human impacts on the environment and regenerate our common earth, others may show the way on measures to advance social inclusiveness or gender equality, or pioneer pathways towards greater political or economic development.
By sharing knowledge of what has worked, and understanding better what has not, any one may encourage others to move in positive directions.
By offering practical guidance and support, all can help hasten beneficial change.
In response to the expectations of our citizens, we continually raise the standards we set for ourselves – whether through mutual support and encouragement among the anti- corruption agencies of our member nations, or by working together to develop WCommhoneweralteh A nwti-Coerru pationr Beenchmarks.
An understanding of how as countries, as TcommOunities aDnd as inAdividuaYls we are |CONFERENCE OVERVIEW PAGE | 08
CONFERENCE OVERVIEW
DR ROGER KORANTENG INTERIM ADVISER AND HEAD, PUBLIC SECTOR GOVERNANCE COMMONWEALTH SECRETARIAT
THIS SECTION IS COMPRISED OF PARTS OF DR KORANTENG’S CONFERENCE OVERVIEW SPEECH; THE ENTIRE SPEECH CAN BE FOUND IN THE APPENDICES.
I am pleased to give the Grenada who inaugurated the Association in overview of the 5th May 2015. Annual Commonwealth Caribbean Association of The effectiveness of the Association is based Integrity Commissions & on the “collective ownership” by its members, Anti-Corruption Bodies and the trust and confidence that member Conference. countries have in the Commonwealth
Secretariat to work on this important agenda As you are no doubt aware, the Commonwealth Secretariat, by means of its for dealing with corruption. convening power, established the This partnership, brokered by the Commonwealth Caribbean Association of Commonwealth Secretariat, has led to the Integrity Commissions & Anti-Corruption institutionalisation of annual meetings of the Bodies Conference in 2015 to foster genuine partnerships among all Commonwealth heads of Integrity Commissions (ICs) and Anti- Caribbean member states. Corruption Bodies (ACBs) – these annual meetings of heads of ACBs act as a focal point I would like to recognise Dame Monica for the Association, providing a forum for Joseph, the then Chairman, and the heads to peer-review each country’s anti- Commissioners and staff of the Integrity corruption reports and share transferable Commission in Grenada, Mr Julian Johnson, experiences and peer learning. As members, the then Chairman of the Dominica Integrity we have traversed through a 5-year journey of Commission who worked with me and developing impactful results. The journey introduced me to Dame Monica Joseph, for started in 2015 with the Association’s meeting their pioneering roles in welcoming me to the region and Grenada in particular, that held in Grenada, Trinidad and Tobago in 2016, culminated in the establishment of the Jamaica in 2017, Turks and Caicos in 2018. This Commonwealth Caribbean Association. year the Heads of ICs and ACBs in the Commonwealth Caribbean is meeting here in WI cannhot emernteion thwe esetab liashmreent of this this beautiful Cayman Islands. Association without recognising with gratitude the strong political will of Prime While we acknowledge a positive profile Minister Mitchell and the Governor-General of achieved by the Association, challenges persist. T ODAY
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Much work that lies ahead of us include the will a welcome cocktail evening and closing pressing need to address issues such as illicit dinner. Index, Commonwealth countries are financial flows, unexplained wealth, etc. Since perceived as less corrupt than non- corruption has international dimension and Commonwealth countries. cross-border crimes, we need concerted efforts to address the menace. That’s why this The edge Commonwealth countries have over Association’s meetings have provided non-Commonwealth countries on corruption practical platforms for members by pooling perception is corroborated by the World Bank together the means, experience and resolve to Control of Corruption data from 2012 to 2017. address anti-corruption challenges. There is also an urgent call on governments to In the Caribbean region, Commonwealth strengthen and resource ICs and ACBs to countries are also perceived as less corrupt make them fit for purpose to combat complex than non-Commonwealth countries, with and sophisticated corrupt practices of the 21st respective CPI scores for those groupings in Century. 2017 being 53 and 32.
In terms of the Conference overview, the World Bank Control of Corruption data conference programme is in four parts - these confirms this finding, with 2016 scores of 0.43 are the opening ceremony, 3-day technical for Caribbean Commonwealth countries sessions, sight-seeing and AGM. against 0.32 for Caribbean non- Commonwealth countries. The opening ceremony sets the tone for the conference as we receive a welcome message The AGM is the final part of the Conference from Mrs Rosie Whittaker-Myles, Chairman, where the Heads of ICs and ACBs will issue the Commission for Standards in Public Life; conference communiqué, select the country to Remarks by Mr Dirk Harrison, Chairman, host the next conference, and elect the new Commonwealth Caribbean Association of Chairperson for the Association. Integrity Commission and Anti-Corruption Bodies; key note address by the special guest of honour, the Commonwealth Secretary- Dr Roger Koranteng General, the Rt Hon Patricia Scotland QC; and Interim Adviser and Head, Public Sector then the opening proclamation of the Governance Commonwealth Secretariat conference by His Excellency the Governor of the Cayman Islands, Martyn Roper OBE.
The technical sessions are where the conference business is conducted. These comprise of the country and expert presentations, group discussions and networking during and out of sessions.
WAll wohrk eandr neo fu nw maekes Jackr a egloomy person, so there will be one-day sight-seeing tour to the Stingray Sandbar & Rum Point Beach Adventure. I must also mention there
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WELCOMING REMARKS
MRS ROSIE WHITTAKER-MYLES CAYMAN ISLANDS COMMISSION FOR STANDARDS IN PUBLIC LIFE CHAIRPERSON
It is a great honour for me or laws that have not been brought into force to formally welcome you while others have inadequately staffed to the Cayman Islands and commissions which impede their effectiveness to this, the 5th Annual – this while all our countries have committed Conference of the Commonwealth to take a stand against corruption, to Caribbean Association of increased transparency and good governance. Integrity Commissions In other words, although some strides have and Anti-Corruption been made towards our common goal of Bodies under the Theme “Transforming Words eradicating corruption in our societies, there is into Action: Revitalising the Fight Against more to be done. Corruption”. We are especially pleased to have among us at this gathering the Secretary Someone I am honoured to call colleague and General for the Commonwealth Secretariat, friend would always caution, “When you fight the Rt Hon Patricia Scotland QC, for the very corruption, corruption fights back”. The only first time since our inaugural meeting held in way to succeed in this fight is to strengthen Grenada in 2015. Madam Secretary-General, our own ethical resolve; to lobby our we appreciate your having journeyed with us respective governments for the resources and over the years. Although due to other laws needed to carry out our mandate and to commitments, you faithfully delivered virtual have a support unit – such as this Association remarks to us which have always been (as well as the Commonwealth Secretariat) on graciously received, we are truly honoured to have you in our presence today and to have which we can rely for assistance and guidance you participate in this Conference. You are no when needed. To this end, I am especially stranger to the Cayman Islands, so we pleased to announce that since his arrival in welcome you back. the Cayman Islands, discussions have started between Dr Koranteng, Interim Adviser and The theme of this year’s Conference reflects Head, Public Sector Governance for the our realities throughout the region. Many of Commonwealth Secretariat, and our Deputy Wus hahve peassrede an dw enfoerce da lawrse but lack the Governor and head of the Civil Service, to resources to carry out mandates; few of us assist in providing/coordinating training on have no laws and no commissions; some of us initiatives and policies aimed at corruption have commissions but inadequate laws or prevention within the Civil Service. T ODAY
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This week promises to be exciting, informative and extremely busy. With delegates attending from as far away as Guyana and as nearby as Jamaica; illustrious speakers and panellists who have offered their time to shine light and offer some solutions on this important subject, I assure you that each and every delegate in attendance will have an opportunity to participate in a meaningful way and will be able, upon your return home, to have at least one or two take-aways to improve your roles as Integrity Commissions and Anti-Corruption Bodies.
Notwithstanding the very busy agenda for the Conference, we have also ensured that you will have the opportunity to enjoy some of the natural beauty that we treasure so dearly in our Islands. I trust that you will enjoy Stingray City, Rum Point and more importantly, the warmth and kindness of the Caymanian people.
We are grateful to the Commonwealth Fund for Technical Co-operation, the Commonwealth Secretariat, and the Commission for Standards in Public Life and the Cayman Islands Government for their sponsorship of this Conference.
Mrs Rosie Whittaker-Myles Cayman Islands CSPL Chair
W here we are TODAY | CCAICACB CHAIRMAN'S REMARKS PAGE | 12
CCAICACB CHAIRMAN'S REMARKS
MR DIRK HARRISON CCAICACB CHAIRMAN
The abuse of entrusted Distinguished ladies and gentlemen, our power for private gain, taxpayers, those who pay and (unfortunately in simply put, defines some cases) those who do not, they represent corruption. We are all in in a metaphorical sense, as one stakeholder this room today as we are likened it, to the relationship between a part of the global fight tenant and his landlord, our institutions are against corruption. perceived as the landlord, and the sentiments However it must be acknowledged that the are not complimentary, to say the least, of perception of acts of corruption, or actual corruption thriving in any society, are their treatment of the tenant. Our symptoms of societal norms which, citizenry throughout the region have unfortunately, the man on the street believes witnessed, with their own eyes, corruption thrives with impunity. playing out and have in some cases unfortunately relied on anecdotal evidence, We cannot ignore the cries of apathy by the which in the absence of proof of real or citizens of our country that not enough, or circumstantial evidence, has sentenced many nothing, is being done to contain or stamp out a public servant and administrator (the corruption. Our institutions are facing landlords, the gatekeepers) to a place of no unprecedented scrutiny by law abiding return in public opinion. Credibility is shot! citizens – but the apathy of our people is of an abominable proportion which seems to be at a breaking point in some cases. The stark fact Institutions and policy makers are asking our is that some members of the public have in taxpayers to believe in a process of fighting some cases lost hope, and in some others they corruption to include drafting appropriate no longer care, and we, yes (the stakeholders) laws, having adequate and experienced and in this room are charged with the competent staff (who are properly responsibility to make a difference. A remunerated) and that they will win the fight difference, not tomorrow or next week but against corruption. But let us not kid ourselves Wnow! h The crriese ‘W e wWanet Ju saticer, Wee Want or be naïve – corruption and greed can never Justice’ are painfully loud and overbearing, be eliminated, but we must control these and especially now the Stevie Wonders of the forces of evil. world can see clearly. T ODAY
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Most interestingly, a recent World Bank Joseph, and through the expert facilitation of questionnaire posed the questions (words to the Commonwealth Secretariat guided by Dr the effect):‘has corruption gotten worse, is it Roger Koranteng Interim Adviser and Head, on the decline, or has it remained the same?’ I Public Sector Governance, of the Commonwealth Secretariat. therefore ask the question, then, what if any are the indicators existing that we will rely on I thank you Honourable Baroness Patricia to determine change or stagnancy, and, dear Scotland, Secretary-General, for your Mr Sherlock Holmes, what is the reason why facilitation; we are indeed and forever grateful we are here this week, I hope? Or, asked for the Commonwealth Secretariat’s another way: are we going up the down tremendous facilitation for the last five years escalator, where no perceived change has and trust that the support shall continue. We occurred? Or has there been improvement? as an association are in the midst of our Immediate past Chairman Lady Anande infancy, not yet able to but crawl on our own. But we must conduct our own self-assessment Trotman Joseph, chairman of the Grenada and determine where we are, up, down or the Integrity Commission, has called for and I same place on the Caribbean Commonwealth endorse a call, that the Caribbean Barometer after 5 years and I humbly say we Commonwealth needs its own Corruption have seen growth. Barometer. We cannot as an Association, however, ignore Distinguished ladies and gentlemen, if we some of the lessons of the last five years (what wish the tenants to “buy into” the process, any is an obvious trend) of Integrity Commissions process, that process of implementing anti- being understaffed, given little or no corruption measures, we need to consider the resources, their independence and man in the mirror phenomenal; what you see operational effectiveness being muttered by is what you get, but I will go even further and policy makers and legislators on both sides of the political divide, who in some cases lack state we must consider the corruption the wherewithal to do justice to the creation landscape, to be unequally yoked as in 2 of and existence of these Offices. We have Corinthians 6:14 the Good Book says “Be ye not seen powers watered down and functionalism unequally yoked together with unbelievers; for disabled to cause stagnancy in the name of what fellowship hath righteousness and development. unrighteousness? And what communion hath light with darkness”. On a lighter note a Wearing a new set of old clothes each day, criminal law practitioner said to me years ago, as the Great J.K. Holt Jr used to tell a player, in discussing the plea bargain regime, that his Dula, at Kensington cricket club in Jamaica, clients are being asked to plead guilty but does not cut it. We must create institutions that they got no bargain. not just in name but in functionality and purpose. We must be guided by the partnerships and learn and grow from them as Having said that relationships matter they are the technical expertise and support, for the epicurean centre of success and or failure. example, provided by the Commonwealth So today marks an important milestone in the Secretariat through its Anti-Corruption life of this August association of Caribbean benchmarks and also the United Nations Commonwealth Integrity Commissions and Office on Drugs and Crime (UNODC) WAnti-Chorreuptrioen B odwies.e It was jruset five years Commentary on the Jakarta principles for ago that the Association began in the heart of Anti-Corruption Agencies, the European Grenada through the leadership of the then Union, Canada and other local and Chairman of the Association, Dame Monica international stakeholders.
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We must all, in closing, embrace change for good and we must create, establish, implement and enforce anti-corruption rules and regulations on and off the field of play during sporting activities, at the work place, and most importantly with our children, teaching them they must always do the right thing, even when no one is looking. If it is not true do not say it, and if it is not right do not say it.
On behalf of the association I thank our Deputy Chair of the CCAICACB Mrs Rosie Whittaker-Myles and the Secretariat for hosting through excellence our 5th Annual Conference.
Mr Dirk Harrison CCAICACB Chairman
Where we are TODAY | OPENING PROCLAMATION PAGE | 15
OPENING PROCLAMATION
HIS EXCELLENCY THE GOVERNOR, MR MARTYN ROPER OBE
It is a pleasure for me to Furthermore, the Anti-Corruption be standing before you Commission, a sibling to the Commission for Standards in Public Life, remains a strong and today as Cayman hosts active oversight body, having received 166 the 5th Annual CCAICACB reports since its inception, with numerous Conference. The Cayman arrests, convictions and ongoing Islands have made great investigations. strides towards developing and implementing policies within the civil service and A Whistleblower Policy was effected for the civil service in 2017, which supports the strengthening our integrity oversight bodies confidential reporting of wrong-doing by over the last few years. public officials, whilst the Whistleblower Protection Law came into effect in 2018. The Whilst the Commission for Standards in Public civil service now also has the ability to utilize Life awaits the implementation date for the a whistleblower hotline staffed by an overseas Standards in Public Life Law it does not sit office, empowering civil servants to confidentially and safely report suspected idle, as evidenced by its involvement in fraudulent activity. hosting this week’s conference. Spearheaded by the Chair, Mrs Rosie Whittaker-Myles, and The civil service policies are all a part of the current members Ms Sheenah Hislop and Ms Deputy Governor’s comprehensive Anti-Fraud Isatou Smith, the Commission continues to Policy from 2017, which includes other seek ways to carry out its constitutional remit provisions for codes of ethics and conduct, offering and receiving gifts, and information of preventing conflicts of interest and management. This conference, therefore, corruption in the public service. Outside of comes at an opportune time for the Cayman this conference the Commission’s latest Islands to intensify its enhancement of the initiative involves the dissemination of a ethical integrity of its public bodies. United Nations Office on Drugs and Crime educational programme – Education 4 Justice. I now officially declare the 5th Annual Conference of the Commonwealth Caribbean This programme seeks to promote a culture of Association of Integrity Commissions and lawfulness, with modules specifically Where we are Anti-Corruption Bodies open. addressing corruption and integrity, amongst our primary, secondary and tertiary students His Excellency The Governor, at local private and public educational Mr Martyn Roper OBE institutions.
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ACRONYMS AND ABBREVIATIONS
ACB Anti-Corruption Bodies
AGM Annual General Meeting
BIC Belize Integrity Commission
CCAICACB Commonwealth Caribbean Association of Integrity Commissions and Anti-Corruption Bodies
CSPL Commission for Standards in Public Life
DPP Director of Public Prosecutions
GIC Guyana Integrity Commission
IC Integrity Commission
ICC International Cricket Council
ICD Integrity Commission of Dominica
ICTT Integrity Commission of Trinidad and Tobago
MOU Memorandum of Understanding
NIA National Integrity Action
OICSL Office of the Integrity Commission, Saint Lucia
OBE Order of the British Empire
QC Queen’s Council
SPL Standards in Public Life
T&T Trinidad and Tobago
TCI Turks and Caicos Islands
TCIIC Turks and Caicos Islands Integrity Commission
UNCAC United Nations Convention Against Corruption
UNODC United Nations Office on Drugs and Crime
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A NOTE ABOUT THIS REPORT
PLEASE NOTE THE FORMAT OF THIS REPORT, WITH SUMMARIES AND AGENDAS IN THE BODY OF THE REPORT AND FULL TEXT OF SPEECHES, PRESENTATIONS, SURVEY RESULTS, BIOGRAPHIES, ETC. IN THE APPENDICES.
IF YOU ARE SEEKING A FULL TEXT OF A PRESENTATION AT THE CONFERENCE YOU CAN CHECK THE APPENDICES, OR DIGITAL VERSIONS CAN BE FOUND ON THE 5TH ANNUAL CONFERENCE WEBSITE AT:
WWW.STANDARDSINPUBLICLIFECOMMISSION.KY/CCAICACB. | OPENIN CEREMONY AGENDA PAGE | 18
OPENING CEREMONY AGENDA
8:30AM Tea & Coffee
9:00AM Procession of Flags Cayman Islands Cadet Corps
9:05AM N ational Anthem and National Song Miss Jaime Ebanks
9:15AM Prayer Rev Mary Graham St George’s Anglican (Episcopal) Church
9:20AM W elcoming Remarks Mrs Rosie Whittaker-Myles Chairman, Commission for Standards in Public Life
9:25AM C onference Overview Dr Roger Koranteng Interim Adviser and Head, Public Sector Governance Commonwealth Secretariat Winner of 2018 Int’l Anti-Corruption Excellence Award
9:30AM Remarks by the CCAICACB Chairman Mr Dirk Harrison
9:35AM A ddress by the Commonwealth Secretary-General The Rt Honourable Patricia Scotland QC
9:40AM O pening Proclamation His Excellency the Governor, Mr Martyn Roper OBE
9:45AM Group Picture
10:00AM Media Engagement
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OPENING CEREMONY PHOTOS
Where we are TODAY | LOCATIONS OF DELEGATES PAGE | 20
LOCATIONS OF DELEGATES
1. Mr Neil Coates Antigua & Barbuda 2. Mr Radford Hill Antigua & Barbuda 3. Ms Deirdre Clarke-Maycock The Bahamas 4W. Mr Frhanklyen Wrillieamsw e aTher Bahamas 5. Ms Deshawn Arzu Torres Belize 6. Ms Helen Ambo Dominica 7. Mr Stephenson Hyacinth Dominica 8. Mr Tafawa Pierre Grenada 9. Mr Robert Robinson Grenada 10. Mr Kumar Doraisami Guyana 11. Mrs Rosemary Noble Guyana 12. Mr Dirk Harrison Jamaica 13. Colonel Daniel Pryce Jamaica 14. Ms Jean Morille Saint Lucia 15. Mr Cleophas Regobert Saint Lucia 16. Mr Greg Christie Turks & Caicos Islands 17. Canon Mark Kendall Turks & Caicos Islands 18. Mr Eugune Otuonye Turks & Caicos Islands 19. Mr Justice Melville Baird Trinidad & Tobago 20. Ms Jasmine Pascal Trinidad & Tobago 21. Ms Sheenah Hislop Cayman Islands 22. Mrs Isatou Smith Cayman Islands 23. Mrs Rosie Whittaker-Myles Cayman Islands |DAY 1 PAGE | 21
DAY 1
Speaker 1 – James Lager
Adjunct Professor at the Robert H. Smith
School of Business at the University of
Maryland
Collaborator with Ethicalsystems.org
Fight Less, Design More: Reducing corruption
with behavioural ethics
The first presentation of the Conference was
given by Mr James Lager. He explained how
to reduce corruption through shifting
organisational culture to create an
environment that encourages ethical
behaviour. Sifting through myth and fact he
asserted that it is not always “good vs evil” in
fighting corruption; rather, context is often
underestimated. Further, unconscious bias
creates ethical blind spots and makes us
overconfident in the benevolence of our
intentions. This can be tackled by truly trying
to understand the forces acting on individuals’
actions and removing barriers to upholding
integrity. His recommendation – create a
system that makes choosing the ethical
option easy.
| DAY 1 PAGE | 22
Panel Discussion 1 – Corruption in Sports: The Cricket Perspective the Commission’s recent progress. She summarised the duties of the BIC, which includes ensuring requirements for Panellists: declaration are complied with, and described Mr Whycliffe ‘Dave’ Cameron – Past President, the challenges the BIC encounters with West Indies Cricket Board Inc. maintaining its independence and efficiency. Mr Wavel Hinds – President, West Indies Players Association Amongst other things, she acknowledged Mr Steve Richardson – Lead Investigator, ICC Belize’s accession to UNCAC in 2016, assessed Anti-Corruption Unit (via Skype) some of the primary risks for corruption in the
territory and described how the establishment Moderator: of a BIC Secretariat assists with enforcement Mr Hector Robinson QC – Chairman of Cayman responsibilities. She also identified the need Islands Cricket Association for local education and greater inter-country cooperation. Country Presentations - Session One Turks & Caicos Islands
Mr Greg Christie made the presentation for Grenada TCI. He summarised the current composition Mr Tafawa Pierre made the presentation for of the Board of the Commission and the Grenada discussing the IC and the Financial executive, reviewed TCI’s Integrity Intelligence Unit. The conference was Commission’s (TCIIC) compliance activities updated on training and development, with regards to declarations, reviewed outreach seminars organised, the logo and investigations and enforcement processes, and provided information on its public education mascot competition, International Anti- campaigns and IT upgrades. Being forward Corruption Day celebrations, investigations, looking, Mr Christie briefly touched on the filing of declarations of interest, proposed future organisational requirements implementation of new policies and of the TCIIC. procedures, and advancements in combatting fraud and financial crimes. Government House Reception
Bahamas Mr Franklyn Williams made the presentation A reception was hosted by His Excellency the for the Bahamas reviewing the progress the Governor, Mr Martyn Roper OBE, and Mrs Bahamian government has made in fighting Elisabeth Roper during the evening at corruption. Legislative reforms highlighted Government House. His Excellency welcomed included the Fiscal Responsibility Act, 2018; all to the reception and expressed his the Freedom of Information Act, 2017; the congratulations on the successful opening of Integrity Commission Bill, 2017; the the conference and extended best wishes to Ombudsman Bill, 2017; and the Public all participants for the remainder of the week. Procurement Bill 2018. Local dignitaries and representatives from entities supporting the CCAICACB Belize Conference’s anti-corruption efforts were in Ms Deshawn Arzu Torres made the attendance, along with conference organisers, presentation for Belize, beginning with a speakers and delegates. recap of the history of the Belize Integrity
| GOVERNMENT HOUSE PAGE | 23 RECEPTION PHOTOS
GOVERNMENT HOUSE RECEPTION
Where we are TODAY | DAY 2 PAGE | 24
DAY 2
Speaker 2 –Stacy de la Torre
Regional Anti-Corruption Advisor for UNODC
The Jakarta Principles: Moving from vision to reality
The lead speaker for the second day was Ms de la Torre. She highlighted the main concerns for ACBs as the inability of ACBs to 1) be truly independent, and 2) to obtain necessary resources and staff. She summarised the Jakarta Principles (developed in 2012 by heads of ACBs to “develop basic standards and guidance on the elements of ‘necessary independence’”) and provided a framework for evaluating ACB independence with 4 main categories. The 16 Jakarta Principles flow from these: Institutional Status – Mandate, Collaboration, Permanence; Leadership – Appointment, Continuity, Removal, Immunity; Resources – Remuneration, HR Authority, Adequate and Reliable Resources, Financial Autonomy; and Accountability – Ethical Conduct, External, Public Reporting and Public Communication. For an effective, framework, she emphasised the need that all principles must be present. The future of the Jakarta Principles is adopting the Colombo Commentary, which seeks to operationalise the Jakarta Principles. Ms de la Torre encouraged all ACBs to use the Jakarta Principles to evaluate themselves.
| DAY 2 PAGE | 25
Justice Melville Baird - Jakarta more to persons in public life and highlighted the need for greater advertisement of the Principles Roundtable Discussion ICD’s ability to extend the filing period for declarations. Justice Baird, a delegate of T&T, led other conference delegates in a discussion of their Antigua & Barbuda countries’ measurement against the Jakarta Mr Neil Coates provided the presentation for Principles framework as outlined by Ms de la Antigua and Barbuda. He identified a list of Torre. He began by reviewing T&T’s status with factors restricting management/operation of UNCAC and worked through its status with the Commission: lack of funding, inadequate each of the Principles, concluding that T&T is staffing, inability to discharge its functions in compliance with the “spirit and philosophy” under the Integrity in Public Life Act (IPLA), of the UNCAC. Other delegates, similarly, and deficiencies in the IPLA. Mr Coates went commented on their respective countries’ on to describe the Commission’s major measurement against the Jakarta Principles undertakings and events of 2018-19. He also Framework in an open discussion which was provided a brief overview of the functions of engaging and useful. the Commission (including initiating investigations), the procedure for making Justice Baird’s presentation on T&T and other Complaints to the Commission, the process of obtaining legal opinions on s.12(1)(d) of the countries submissions can be found in full in IPLA, statistical data related to declarations by the appendices. persons in public life and complaints filed, and
a review of existing penalties in the law as well Country Presentations - Session 2 as proposed penalties and other proposed amendments to the law. Dominica Ms Helen Ambo of Dominica made the Trinidad & Tobago country presentation for that delegation. She Justice Melville Baird reviewed the recent discussed the history of the Integrity achievements of the Integrity Commission of Commission of Dominica (ICD) since 2003, its Trinidad and Tobago (ICTT). The ICTT engaged dissolution in 2015 and reconstitution, and the in various education endeavours, including the recent passing in 2018 of the immediate past organising of a poster design competition, and ICD chairman. The ICD’s recent activities have its involvement with other extracurricular included meeting with the Director of Public activities for youth such as integrity clubs in Prosecutions, engaging in a series of education initiatives, updating educational materials and secondary schools. The ICTT also participated the ICD policy and procedure manual, and the in various workshops and conferences, and handling of declarations of interests. Ms spearheaded awareness events on Ambo also discussed the procedure used to International Anti-Corruption Day. He reported analyse declarations of interests. Ms Ambo that court orders were obtained against reported a compliance rate for submitting persons who failed to file their declarations of declarations of interests in interests; and 40 complaints to the ICTT were Dominica in 2017 of 85%, down from 91% in received over the reporting period. Justice 2012, and discussed the analysis of this using Baird also noted that recommendations for workshops. This resulted in the amendments to the Integrity in Public Life Act recommendation for the ICD to reach out had been made.
| DAY 2 PAGE | 26
Speaker 3 - Professor Trevor Munroe Mr Derek Byrne – Royal Cayman Islands Police Service Commissioner of Police Mr Dirk Harrison – Chairman of CCAICACB Executive Director, National Integrity Action Executive (NIA), Jamaica
Moderator: Transforming Words into Action: The Ms Helen Ambo – Dominica delegate Petrojam scandal and citizens engagement in Jamaica Country Presentations - Session 3
Professor Trevor Munroe took heed of the conference theme and framed it with a timely Guyana example – the “Petrojam” scandal. He outlined Background on the GIC was provided in the the public perception of the Jamaican country presentation by Guyana delegate, Mr government with respect to corruption, where Kumar Doraisami. Mr Doraisami summarised approximately 60% of the population felt that the Guyana Integrity Commission’s (GIC) the country was more corrupt than it was recent initiatives, which included identifying three years ago. He further went on to persons in public life and distributing demonstrate a chronic lack of public declaration paperwork to them (along with engagement by local anti-corruption bodies. other aspects of declaration management), These issues surrounded the Petrojam scandal, executing a communications strategy, which Auditor General reports described as increasing administrative staff and ensuring having contravened the procurement law proper training, commencing a review of the “frequently”, resulting in $5.2 billion dollars of Integrity Commission Act, and carrying out unaccountable losses. Professor Munroe other administrative and operational functions. The presentation concluded with illustrated that public engagement waned reviewing challenges/lessons learned, and and grew in proportion to the availability of projections of the GIC for the upcoming year. information on the topic, and public pressure eventually resulted in the Minister of the Jamaica Energy Portfolio, Andrew Wheatley, resigning from his post. He concluded by emphasising "Text Not Available" the need for ACBs to continue public education and citizen engagement initiatives in order to see results.
Panel Discussion 2 – The Investigative Fight Against Corruption: Challenges and Successes
Panellists: Ms Sophia Harris – Cayman Islands Anti- Corruption Commission member
| DAY 2 HIGHLIGHTS PAGE | 27
DAY 2 HIGHLIGHTS
Where we are TODAY | DAY 3 PAGE | 28
DAY 3
Panel Discussion 3 - Modernising the Legislative Framework to Combat Corruption and Promote Transparency
Panellists: Ms Candia James-Malcolm – Acting Deputy DPP Ms Cheryl Neblett – First Legislative Council, Attorney General’s Chambers Mr Justice Melville Baird – Trinidad and Tobago delegate
Moderator: Mr Franklyn Williams – Bahamas
The panel spoke about the need to, over the years and looking ahead, continue to amend relevant anti-corruption legislation within each of their respective jurisdictions in order to ensure that the legislative provisions meet the current and future needs of investigators. These amendments are primarily brought about at the request of investigators, given that they are the ones with the “boots on the ground”. From lessons learned legislative amendments seek to address the increasingly complex and protracted investigations being undertaken throughout the region. In addition, amendments seek to promote further independence and security of the ACBs themselves and provide prosecutors with clearer provisions for charging purposes. The panel recognised that whilst current legislation continues to operate and ACBs and ICs are not unable to investigate allegations of corruption, the continued modernisation of all aspects of their functioning must remain a priority; legislative amendments are no different.
| DAY 3 PAGE | 29
Country Presentations - Session 4 legislation, regulations and codes of conduct, and continued public relations engagement and education programming, especially with
rolling out the Education for Justice Saint Lucia programme into curriculum. A history and overview of the Office of the Integrity Commission of Saint Lucia (OICSL) Panel Discussion 4 - The Impact of and its activities up to 2018 was provided by Information Sharing in Combatting Saint Lucia delegate Ms Jean Morille. He went Corruption on to describe their current mission, i.e., to ensure the Integrity Commission legislation is amended according to previous issues Panellists: identified, to establish a secretariat for the Mrs Sue Winspear – Cayman Islands Auditor OICSL, and to set up an OICSL website. The General parts of the legislation to be amended include Mr RJ Berry – Director of the Cayman Islands the definition of ‘persons in public life’, the Financial Regulatory Authority threshold for declaring gifts, and the ability to Ms Deshawn Torres – Belize delegate coordinate with other anti-corruption agencies. The OICSL also looks forward in the Moderator: Mr Greg Christie – Turks and Caicos Islands future to instituting a robust budget approval delegate procedure and increasing its enforcement capabilities with regard to negligent The panel spoke in general terms about the declarations of interest. entities which make up the broader anti- corruption institutional framework and Cayman Islands network in the region. Whilst some of these Ms Rosie Whittaker-Myles, delegate from the entities differ from country to country the host country, provided the presentation on the Executive is remains responsible for Cayman Islands. She reviewed the history and determining anti-corruption policy whilst the context of the Cayman Islands and the Legislature is responsible for determining the Commission for Standards in Public Life governing laws. In addition, the panel (CSPL). Work since February 2018 was discussed the avenues and impacts of reviewed, which included fulfilling its information sharing, the merits of educating constitutional mandates and further stakeholders and increasing corruption and promoting the need for implementing SPL ethics literacy, benchmarking local anti- legislation, and proliferating UNODC corruption efforts against other jurisdictions, Education for Justice programming amongst raising awareness of anti-corruption efforts local schools. The main challenges amongst persons in public life and potential encountered included the delays in offenders, improving local coordination of implementing the SPL legislation and drafting efforts, especially amongst various branches of instructions for regulations, and the effect that anti-corruption institutional systems, and the the general perceived lack of support from effectiveness of networks and institutional frameworks to facilitate information sharing stakeholders has had. Future goals include on combatting corruption. continued advocacy for the implementation of
| DAY 3 PAGE | 30
Panel Discussion 5 - Integrity Speaker 4 – Dr Roger Koranteng Reform and Innovation: Use of new measures/technology in the fight against corruption Adviser and Head, Public Sector Governance with the Commonwealth Secretariat, UK Coordination Mechanisms for Inter-Agency
Cooperation in Combatting Corruption Panellists:
Mr Sean Theron – Principal – Advisory, KPMG Dr Koranteng presented his research on the Mr Adam Huckle – Associate, Maples Group topic of inter-agency cooperation in Mr Nicholas Kedney – Partner, Deloitte Forensic combatting corruption. He examined the
multi-jurisdictional reach of corrupt actors; the Moderator: importance of domestic cooperation amongst Mr Cleophas Regobert – Saint Lucia delegate anti-corruption agencies as a foundation for
tackling corruption; entities that should be The discussion was initiated with a fictional directly involved in detecting corruption; anti-corruption and bribery case study that utilising task forces, a coordinating council, the panellists utilised to set the context for MOUs and interagency intelligence sharing as how the roles in each of their respective modes of cooperation (and how this can be companies can help in executing anti- done most effectively); how to leverage corruption efforts. The panel discussed the political and operational perspectives from the challenges that presented in the case study design stage of national anti-corruption and the approaches that could be taken. A frameworks; the importance of strong range of mitigation measures along with leadership and determination, having clear explanations were given on how each of those mandates and lines of responsibility, and measures could be scaled down or stepped up imposing the legal obligation to cooperate; depending on the resources, financial or and forming appropriate IT and otherwise, of the organisation requesting the communication strategies. services. The audience gained a better understanding of how technology is advancing and being used to fight corruption, and in turn how this can increase the efficiency and effectiveness of corruption investigations. In addition, an explanation of how these tools are utilised during the entire process (by investigators and prosecutors alike) was provided.
DAY 3 HIGHLIGHTS PAGE | 31
DAY 3 HIGHLIGHTS
Where we are TODAY |DAY 4 TOUR SCENERY PAGE | 32
DAY 4 TOUR SCENERY STINGRAY CITY, SANDBAR & RUM POINT BEACH ADVENTURE
Where we are TODAY | DAY 5 PAGE | 33
DAY 5
Closing Remarks
Dr Roger Koranteng gave brief remarks on the purpose of the conference and lessons learned from the week that delegates could take home to their respective countries and incorporate into their integrity commissions and anti-corruption agencies. He requested delegates’ attention and focus for one final time for the AGM to conclude the conference.
CCAICACB Annual General Meeting
Below is the agenda for the AGM that was held amongst conference delegates to decide on the business before the Association and the way forward for the next year. A communiqué on the conference was drafted by a selection of conference delegates was reviewed and approved at the AGM. This can be found in the appendices along with the full minutes of the AGM.
| DAY 5 PAGE | 34
AGM Agenda
1.Call to Order 2.Prayer 3.Chairman’s Welcome and Opening Remarks 4.Consideration of Reports a.Chairman’s Report b.Treasurer’s Report 5.Matters for Consideration a.The Constitution of the CCAICACB i. Membership Forms and Dues ii. Appointment of Executive Committee Members iii. Resignation/Removal of Officers of the Executive Committee iv. Formation of Non-Profit/Charitable Company – Opinion v. Appointment of Auditor 6. Model Legislation 7. Communiqué arising out of the 5th Annual Conference 8. Election of Members to the Executive Committee 9. Hosting of 2020 Conference 10. Any Other Business 11. Adjournment
|CONFERENCE CLOSURE PAGE | 35 |APPENDICES PAGE | 36
APPENDICES APPENDIX 1| CONFERENCE AGENDA PAGE | 37 APPENDIX 1| CONFERENCE AGENDA PAGE | 38 APPENDIX 1| CONFERENCE AGENDA PAGE | 39 APPENDIX 1| CONFERENCE AGENDA PAGE | 40 APPENDIX 2| CONFERENCE OVERVIEW PAGE | 41
Conference Overview
I am pleased to give the overview of the 5th Annual Commonwealth Caribbean Association of Integrity Commissions & Anti-Corruption Bodies Conference.
As you are no doubt aware, the Commonwealth Secretariat by means of its convening power established the Commonwealth Caribbean Association of Integrity Commissions & Anti-Corruption Bodies Conference in 2015 to foster genuine partnerships among all Commonwealth Caribbean member states.
I would like to recognise Dame Monica Joseph, the then Chairman and the Commissioners and staff of the Integrity Commission in Grenada, Mr Julian Johnson, the then Chairman of Dominica Integrity Commission who worked with me and introduced me to Dame Monica Joseph for their pioneering roles in welcoming me to the region and Grenada in particular that culminated in the establishment of the Commonwealth Caribbean Association.
I cannot mention the establishment of this Association without recognising with gratitude the strong political will of the Prime Minister Mitchell and the Governor-General of Grenada who inaugurated the Association in May 2015.
The effectiveness of the Association is based on the “collective ownership” by its members, and the trust and confidence that member countries have in the Commonwealth Secretariat to work on this important agenda for dealing with corruption.
This partnership brokered by the Commonwealth Secretariat has led to the institutionalisation of annual meetings of the Heads of Integrity Commissions and Anti-Corruption Bodies – These annual meetings of Heads of ACBs act as a focal point for the Association, providing a forum for Heads to peer-review each country anti-corruption reports and shared transferable experiences and peer learning. As members, we have traversed through a 5-year journey of developing impactful results. The journey started in 2015 with the Association’s meeting held in Grenada, Trinidad and Tobago in 2016, Jamaica in 2017, Turks and Caicos in 2018. This year the Heads of Integrity Commissions and Anti-Corruption Bodies in Commonwealth Caribbean is meeting here in this beautiful Cayman Islands.
While we acknowledge a positive profile achieved by the Association, challenges persist. Much work that lies ahead of us include the pressing need to address issues such as illicit financial flows, unexplained wealth, etc. Since corruption has international dimension and cross border crimes, we need concerted efforts to address the menace. That’s why this Association meetings have provided practical platforms for members by pooling together the means, experience and resolve to address Anti-Corruption challenges. There is also an urgent call on Governments to strengthen and resource Integrity Commissions and anti-Corruption Bodies to make them fit for purpose to combat complex and sophisticated corrupt practices of the 21st Century.
In terms of the Conference overview, the conference programme is in for parts - these are the opening ceremony, 3-day technical sessions, sight-seeing and AGM.
The opening ceremony sets the tone for the conference as we receive a welcome message from Mrs. Rosie Whittaker-Myles, Chairman, Commission for Standards in Public Life, Remarks by Mr. Dirk
APPENDIX 2| CONFERENCE OVERVIEW PAGE | 42
Harrison, Chairman, Commonwealth Caribbean Association of Integrity Commission and Anti- Corruption Bodies, key note address by the special guest of honour, the Commonwealth Secretary- General, the Rt Hon. Patricia Scotland, QC and then the opening proclamation of the conference by His Excellency the Governor, Martyn Roper, OBE.
The technical sessions are where the conference business is conducted. These comprise of the country and expert presentations, group discussions and networking during in and out of sessions.
All work and no fun makes Jack a gloomy person, so there will be one day sight-seeing to the Stingray, Sandbar & Rum Point Beach Adventure. I must also mention there will a welcome cocktail and closing dinner.
The AGM is the final part of the Conference where the Heads of ICs and ACBs will issue the conference Communique, select the country to host the next conference, and new Chairperson for the Association.
WHO is this person? He is African, American, Asian, Australian, Caribbean, Canadian, Chinese, European, Nordic, and from the Pacific… He or She can be of any nationality, creed or race…he/she is:-
A PIMP: - Uses other people without any care and sucks the life and spirit out of anyone that can assist him or her in his or her achieving a personal gain or advantage.
IGNORANT: he or she has no feeling or care for any other person(s). He/she “ignores” his/her fellow- human being.
MANIPULATIVE: He or she manipulates persons, environments and dynamics for his /her sole advantage.
MISANTHROPIC: he or she has to dislike other person…. he or she is the only one that counts.
PARASITIC: he or she “feeds” on other people’s talents, labour and intellect…he or she sucks out the spirit of his/her follow human being.
CONCEITED: he or she believes himself and herself to be superior, smarter than you and I because after all he or she “has found a way to cheat the system”…and that is a high mark of superiority in the mind of this “rogue”!
A HYPOCRITE: - he or she is the ultimate hypocrite who practices hypocrisy- he or she display trust by holding a position of trust well-knowing that he or she practices distrust at the highest end of the scale.
A LIAR: - he or she is a liar….He or she cannot be anything else than practicing corruption….most of all he or she is a liar to himself or herself…
AN OPPORTUNIST: - He or she can “sniff” an opportunity when one presents itself. If no opportunity presents itself, he or she creates one!
GREEDY: - there is no limit to his or her greed- even when he or she has achieved sufficient self- enrichment to everyone’s detriment, he or she wants more….
APPENDIX 2| CONFERENCE OVERVIEW PAGE | 43
ARROGANT: - he or she is utterly arrogant….and often incensed at being suspected of corruption…..and displays complete superiority when practicing his or her unlawful acts.
This is the person who causes over one trillion us dollars per year in damage to society by sucking out every economy where he or she operates….
For every anti-corruption fighter - this is the photo that you should have on your office notice board…to remind you that this is the person you must stop…..and remember once you succeed to send him to confinement...he or she will manage to corrupt his/her new environment. This is the universal corrupt person…..so keep watching him/her…!!!
Dr Roger Koranteng Interim Adviser and Head, Public Sector Governance Commonwealth Secretariat
APPENDIX 3| SPEAKER 1: JAMES LAGER PAGE | 44
DAY 1: James Lager – Fight Less, Design More: Reducing corruption with behavioural ethics
PAGE | 44a
June 2019
Fight Less, Design More Reducing corruption with behavioral ethics
James M. Lager, JD, MSOD Adjunct Professor Robert H. Smith School of Business University of Maryland, USA
Deputy Ethics Counselor* US Government Accountability Office
5th Annual CCAICACB Conference Grand Cayman Island *The opinions here do not represent GAO’s institutional views
Myths about corruption PAGE | 44b
Good guys are ethical, bad guys are corrupt
PAGE | 44 PAGE | 44
Dumbledore Voldemort
Real people are neither good or bad, black or white. We’re grey PAGE | 4 4c Myths about corruption and behavior
Good motives lead to good conduct and bad motives lead to corrupt conduct We overestimate how much behavior is caused by character, intentions or abilities Ordinary people commit evil by responding to their circumstances in ways they feel are righteous. Not just who but what is responsible. (Zimbardo: The Lucifer Effect)
Bernie Madoff P A G E | 4 4 d Myths about corruption and behavior
(More…) Good motives lead to good conduct and bad motives lead to bad corruption We underestimate the power of context to weaken the relationship between actions and intentions (Ross 1977)
Retirement savings Exercise more Eat healthy
The road to Hell is paved…
Milgram experiments People with good motives do bad things, and often think they are right P A G E | 4 4 e Myths about corruption and behavior
Offenders use cost-benefit analysis before acting
If the bat and ball cost $1.10, And the bat cost $1.00 more than the ball, How much does the ball cost?
10 cents!
x + (x + 1.00) = $1.10 2x + 1.00 = $1.10 2x = .10 x = .05 PAGE | 44f Myths about corruption and behavior Ethical reasoning leads to ethical behavior
Plato (Phaedrus); Katha Upanishad “Knowing something is wrong...and the explaining why, are completely separate processes.” Jonathan Haidt Moral Dumbfounding We know things are wrong, but can’t always explain why. PAGE | 44g Myths about corruption and behavior Ethical reasoning drives ethical behavior
Ethical judgment by intuition and emotion (elephant) is automatic Conscious reasoning (rider) to justify the judgment follows Riders think they are in control, but the emotional elephant is strong Motivation is tied to our automatic emotional thinking It’s really hard to steer a determined elephant P A G E | 4 4 h
Unconscious bias leads to corrupt acts Motivated Reasoning (I don’t like it, so it can’t be true)
The right answer is known in advance
• Is human behavior causing climate change? • Should most members of a planning authority (zoning) be builders? • Is it Cricket? We have Blind Spots
Bounded ethicality: People often don’t see ethical issues because of systematic and predictable ethical blind spots
Should-self and Want-self PA G E | 44 i Unconscious bias leads to corrupt acts Most ethical problems stem not from people seeking to enrich themselves, but from unconscious bias.
• We believe we are more ethical than others • We have an illusion of objectivity. We can put aside self-interest – but they can’t! 92% of Americans are satisfied with their own character
Confirmation bias assures us that we really are right!
“I will look at any additional evidence to confirm the opinion to which I have already come.” Lord Molson
PAGE | 44j Unconscious bias leads to corrupt acts Overconfidence “Human minds are overconfidence machines.” David Brooks
93% of US drivers believe they are better than average
94% of college professors think they are above average
Almost all newlyweds predict their marriages will last until “death do us part.”
Overconfident executives are more likely to commit financial reporting fraud. (Libby & Rennekamp 2012)
PAGE | 44k Tackle unconscious bias by examining the ethical system
Good Grades!
Sonner, B. S. (2000). A is for “adjunct”: Examining grade inflation in higher education. Journal of Education for Business, 76(1), 5-8. P A G E | 4 4 l
Systems factors that encourage corruption
POOR PERFORMANCE MEASURES
A compensation system that rewards bank employees for the number of new accounts they open begs for fraud.
A compensation system that rewards government officials to meet performance goals based on a single metric begs for fraud.
P AG E | 4 4 m Systems factors that encourage corruption
Stress and Deadline Pressure More misconduct when people are tired or pressed for action.
No Segregation or Rotation of Duties Lack of internal controls facilitates corrupt behavior.
Goals Gone Wild! Stretch goals beg for stretching the truth and measure management.
P A G E | 4 4 n Systems factors that encourage corruption
Short-term orientation Focusing on immediate goals (quarterly profits) leads to measure management
a long-term focus creates more value, and makes gaming the numbers ineffective
“Business” frame predominates Narrow cost-benefit and profit focus crowds-out broader ethics concerns
ethical fading, moral disengagement
P A G E | 4 4 o Common Anticorruption Efforts
Codes of Conduct
No evidence Codes affect behavior
P A GE | 4 4p
Common Anticorruption Efforts Threatening Punishment
Evidence unclear that punishment works
PAGE | 44q Common Anticorruption Efforts
The threat of being caught deters! Suggests: Audits and inspections
PAGE | 44r Common Anticorruption Efforts
Ethics Training
Bernie Madoff Immanuel Kant 17th Century Philosopher
Scant evidence ethics training changes behavior No evidence ethics training makes long-term change
PAGE | 44s Common Anticorruption Efforts
We Need Better Laws!
P A G E | 44 t Strategy: Attend to ethical culture
Ethical culture correlates with ethical behavior
Strategy: Remove impediments to ethical PAGE | 44u culture
PAGE | 44v Strategy: Ethical nudges and ideas
Sign at the top!
Internal controls
Avoid Diffusion of Responsibility
Properly align rewards Don’t rely on personal integrity or the criminal law while your systems encourage unethical behavior.
Promote the shared values of your organization
P A G E | 4 4 w
Strategy: Ethical design principles Make it easy to do the right thing. • Removing obstacles is often the more effective approach • Reward good process not just good outcomes Attend to risk with a systems view • Identify opportunities for unethical behavior and address them with systems and incentives • Imagine how a tired, stressed, or person with weak self- control would react in that situation Deal with the elephant in the room • Corruption comes from automatic thinking, not cold cost- benefit calculation • Persuade the elephant with emotional appeals Honor, integrity, reputation
PAGE | 44x Prevent corruption by shaping the path
The law and policy should not have to work so hard. Conscious “Ethics is not a reasoning, pleas to belief problem, behave, and threats it’s a design problem.”
Prof. Nick Epley, University of Chicago Selected References PAGE | 44y (with gratitude to these and other scholars)
Ariely, D. (2008). Predictably irrational: the hidden forces that shape our decisions. New York. NY, Etats- Unis: HarperCollins Publishers. Bazerman, M. H., & Tenbrunsel, A. E. (2011). Blind spots: Why we fail to do what's right and what to do about it. Princeton University Press. Epley, N. (2014). Mindwise: Why we misunderstand what others think, believe, feel, and want. Vintage. Haidt, J. (2001). The emotional dog and its rational tail: A social intuitionist approach to moral judgment. Psychological Review, 108, 814–834 Haidt, J. (2012). The righteous mind: Why good people are divided by politics and religion. Vintage. Haidt, J., Bjorklund, F., & Murphy, S. (2000). Moral dumbfounding: When intuition finds no reason. Unpublished manuscript, University of Virginia. Kahneman, D. (2011). Thinking, fast and slow. Macmillan. Kouchaki, M., Smith-Crowe, K., Brief, A. P., & Sousa, C. (2013). Seeing green: Mere exposure to money triggers a business decision frame and unethical outcomes. Organizational Behavior and Human Decision Processes, 121(1), 53-61. Ordóñez, L. D., Schweitzer, M. E., Galinsky, A. D., & Bazerman, M. H. (2009). Goals gone wild: The systematic side effects of overprescribing goal setting. The Academy of Management Perspectives, 23(1), 6-16. Ross, L. (1977). The intuitive psychologist and his shortcomings: Distortions in the attribution process. In Advances in experimental social psychology (Vol. 10, pp. 173-220). Academic Press. Soltes, E. (2016). Why they do it: inside the mind of the white-collar criminal. PublicAffairs. Shu, L. L., Mazar, N., Gino, F., Ariely, D., & Bazerman, M. H. (2012). Signing at the beginning makes ethics salient and decreases dishonest self-reports in comparison to signing at the end. Proceedings of the National Academy of Sciences, 109(38), 15197-15200. Thaler, R. H. H., and Cass R. Sunstein. 2009. Nudge: Improving decisions about health, wealth, and happiness. Penquin. Zimbardo, P. 2007. The Lucifer Effect: Understanding How Good People Turn Evil. Random House.
APPENDIX 4| SPEAKER 2: STACY DE LA TORRE PAGE | 45
DAY 2: Stacy de la Torre – The Jakarta Principles: Commentary for Anti-Corruption Agencies
P A G E | 4 5 a
The Jakarta Principles: Moving from vision to reality. by Stacy de la Torre, Regional Anti-Corruption Advisor, UNODC PAGE | 45b PA G E | 4 5c
• Primary rules: Primary rules are rules, or laws, that govern general societal conduct. Thus, primary rules construct legal obligations and consequences when they are disobeyed. (Rules of conduct)
• Secondary rules: Secondary rules confer the power to change, modify, or enforce primary (and secondary) rules. (The latter are rules of adjudication.) Jakarta Principles P A GE | 4 5d PAGE | 45e Summary of Jakarta Principles PAGE | 45f
Institutional Mandate Collaboration Permanence Status PAGE | 45g
Leadership Appointment Continuity Removal Inmunity PAGE | 45h
Adecuate and Financial Remuneration HR Authority reliable Resources Autonomy resources PAGE | 45i
Public Ethical Conduct Public reporting Accountability External Communication PAGE | 45j
Jakarta principles are like a house of cards PAGE | 45k
Steps towards the implementation of the Jakarta Principles • Panel on ACAs at the 15th IACC in Brasilia (Nov. 2012) • Adoption of the Jakarta Principles in Jakarta, Indonesia (Nov. 2012) • Panama Declaration by the International Association of Anti- Corruption Authorities (Nov. 2013) PAGE | 45l Steps towards the implementation of the Jakarta Principles
• Conference of States Parties to the UNCAC, Resolution 5/4 (2013)
• Conference of States Parties to the UNCAC, Resolution 7/5 (2017) • P AGE | 45m
Steps towards the implementation of the Jakarta Principles
• Legislations adopted in Burkina Faso (2015), Niger (2016) and elsewhere, aligning with the Jakarta Principles • Transparency International’s Report on ACAs in Asia (2017) • Special Event in the side-lines of the 7th CoSP in 2017 P A GE | 4 5n
Steps towards the implementation of the Jakarta Principles
• Constitution of the Association of Anti-Corruption Authorities in Africa (AAACA) (Sept. 2013)
• Constitution of the Network of National Anti-Corruption Authorities in West Africa (NACIWA) (June 2015) – Preambule: 5o P A G E | 4
Next step?
• Adoption of the Colombo Commentary – a.k.a the “CoCo” • Hopefully, like a coconut it will drift to other shores. PAGE | 45p
Thank you for your attention
[email protected] APPENDIX 5| SPEAKER 3: TREVOR MUNROE PAGE | 46
DAY 2: Trevor Munroe – Transforming words into action: The Petrojam scandal and citizen engagement in Jamaica PAGE | 46a
PRESENTATION BY PROFESSOR TREVOR MUNROE FIFTH ANNUAL COMMONWEALTH CARIBBEAN ASSOCIATION OF INTEGRITY COMMISSIONS & ANTI-CORRUPTION BODIES
TRANSFORMING WORDS INTO ACTION: THE PETROJAM SCANDAL AND CITIZEN ENGAGEMENT IN JAMAICA GRAND CAYMAN MARRIOTT BEACH RESORT TUESDAY, JUNE 4, 2019
Salutations.
May I thank Sheenah Hislop for her kind words of introduction and also express my sincere appreciation to the Commonwealth Secretariat to Roger in particular and to the team from Commission for Standards in Public Life as especially Rosie for inviting me to participate, to learn from and to once again make a presentation. In listening to the country presentations I want to express appreciation to colleagues staying the course.
I thought I would share with you my reflections and experience in relation to the
Conference Theme “Transforming Words Into Action” and relate it to an issue that has dominated Jamaica’s governance over the past year. In a word, my central argument, reinforced by the Petrojam scandal in Jamaica is: in a situation of endemic corruption, heightened citizen engagement is critical for transforming
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words into action but equal, requires enormous effort by anti-corruption leaders in public bodies as well as in civil society especially in a period of relative public passivity – both to support the Commission in any quest for additional resources as well as to defend it against push back from powerful interests.
NB Stacy’s recall of Indonesian experience – Dominica Commission/Government at loggerheads non-compliance/non-functioning public media outcry.
In relation to our theme, I am concerned with “words” from two different sources which have to be transformed into action. The first source is “words” from political leadership and the second is statements from anti-corruption bodies. Let us deal with each in turn.
“Words” of Political Leaders
Political Leaders, as you know, seek to outdo one another in commitments to deal with corruption. For example, in Trinidad & Tobago, the Manifesto of the People’s
National Movement in 2015 declared “Corruption will not be shielded or protected by a PNM Government”. In 2016, the Manifesto of the Jamaica Labour Party led by our current Prime Minister, Andrew Holness, committed to “bring an end to rampant corruption” and beyond that promised “swift and appropriate sanctions for
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breaches of anti-corruption laws”. And so it has been pledges by political leaders in responding to public concerns re corruption. In 2018, the LIMA Commitment supported by the Heads of Government in the OAS, called for public filing of financial disclosure statements by public officials where appropriate. To his credit, at his inauguration as Prime Minister, on February 26, 2016, Prime Minister Holness recognised that “there is only so much trust that…statements of commitment can buy…the Jamaican people want to see action…trust requires the actualisation of commitments.” One year subsequently, there was, to use in the
Prime Minister’s words, some “actualisation”; the Integrity Commission Bill was laid in the House of Representatives with the further Prime Ministerial pledge “we commit to bold and decisive actions to eradicate corruption by the necessary passing of legislation”.
The law, that is, the Integrity Commission Act, came into being on February 22,
2018. It represented an important “action” in transforming those words. However, the action was weaker than the words had promised. A major deficiency is the inclusion of Section 53 (3) which requires that “until the tabling in Parliament of a report…all matters under investigation…shall be kept confidential and no
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report or public statement shall be made by the Commission” in relation to that matter. Not surprisingly, surveys of public opinion suggest that when actions fall short of commitment this contributes to the growth of negative perceptions amongst the public. Eight months after the passage of the Act, an October 2018 national poll in Jamaica conducted by the respected Don Anderson organization revealed the following in response to the question “Thinking of three years ago compared to now, would you say that there is more, less, about the same level of corruption as three years ago? 59.7% of the population said more and within that overall sample, the youth between 18 and 24 have the highest negative opinion, namely
63.3% and women far exceeded men 66% to 52%.”
It is very likely that similar opinion in other territories with the possible exceptions of Grenada, Barbados and Bahamas would have sustained the perceptions of corruption in the Caribbean eight years before when 52.5% believed the politically connected criminals go free. Then in Jamaica 52.7% of Jamaicans believed that
“powerful criminals go free” and 57.8% that “politically connected criminals go free” (source: Caribbean Human Development Report January 25, 2012). It is worth recalling that the comparable numbers for Trinidad and Tobago was 61.6% re
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powerful criminals and 70.2% re powerfully connected criminals. Clearly on the face of it far more is needed to transform the words of political leaders into the action that “people want to see”, to use Prime Minister Holness’ phrase, and thereby arrest declining trust and confidence in institutions of governance.
“Words” of Anti-Corruption Bodies
What about the words of Anti-Corruption Bodies and Integrity Commissions? Let us recall our commitment as recorded in the communique from our Fourth Annual
Conference in Turks & Caicos last year. We agreed then, among other things, “that
Integrity Commissions and Anti-Corruption Bodies should further intensify their public education and citizens’ engagement and initiatives…in particular continue the deeper mobilisation with…civil society organizations and religious bodies…”. This commitment, of course, reflected one of the principles of the
Jakarta Statement which urged Anti-Corruption Agencies to “communicate and engage with the public regularly in order to ensure public confidence…”. Part of the clear mandate from Jakarta was to “tackle corruption through…awareness raising…”. Even prior to Jakarta, the United Nations Convention Against
Corruption, in Article 13, obliged signatory states to promote “active participation
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of individual groups” and to engage the society and the people in the combat of corruption. As I hope to demonstrate in reviewing the Petrojam case, we in civil society have taken these mandates seriously and have tried to “put our money where our mouth is”. I note in the country reports, despite constraints, some effort to include in the report on how far we have transformed our 2018 words in the Turks
& Caicos Islands, into actions in the months that have preceded this Conference.
Suffice it for me, as a friend and long standing advocate of Jamaica’s Integrity
Commission, to point to one fact: the first “official press conference” of Jamaica’s
Integrity Commission was held on the Thirteenth of May 2019, that is one year two months and 22 days after the Commission came into effect. No doubt there are explanatory factors and extenuating circumstances having to do with preoccupation with the complexity of merging three legacy agencies into one. No doubt you shall also review those circumstances and encourage the commitment to have hereafter regular interactions with the media.
Petrojam “Scandal”
Against this background I now wish to turn to the Petrojam case study. First of all,
Petrojam is a limited liability company, incorporated in October 1982 as a wholly
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owned subsidiary of the Petroleum Corporation of Jamaica (PCJ). The company operates the only petroleum refinery in Jamaica, processing crude oil into various finished products including liquefied petroleum gas, asphalt and unleaded gasoline.
Crude supplies are sourced primarily from Venezuela and finished products imported mainly from Trinidad and Tobago. In terms of revenue Petrojam is by far the largest public body in Jamaica, with projected revenues in 2018/2019 of 1.3
Billion US Dollars. Ironically, the company has as one of its core values “integrity” which, it explains, commits the entity to “operate to the highest ethical standard” and to “be honest, frank and transparent with others”. On May 22, 2018 in his presentation to the Sectoral Debate, the Opposition Spokesman on Science and
Technology “called on the new Integrity Commission and the Auditor General to urgently examine the operations of the state owned oil refinery Petrojam” (Gleaner,
May 23, 2018). He claimed that what was happening at the state owned agency reminded him of “the wild, wild west” including wide spread nepotism and irregularities of all kinds.
Arising from what the Auditor General described as “public concern”, that office commenced and completed field work between June and September 2018. The
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Report was published in December 2018. The report confirmed “In awarding contracts, Petrojam frequently contravened the terms of procurement law…explicit acts of nepotism…could not account for $5.2 Billion” in unaccountable losses, made sponsorships and engaged consultants in breach of relevant policy. This continued a practise detected by previous reports across administrations. Unlike previous reports of past Auditor Generals and similar “scandals” Petrojam has not been a seven-day wonder. I am indebted to my colleague, Jeanette Calder, Executive
Director of the Jamaica Accountability Meter Project (JAMP) for her recalling some of these seven-day wonders stretching over fifty years:
1967 – “Auditor General’s Report Tabled in House: Financial Irregularities
Losses Shown”
1978 – No Accounts Ever from Regional Hospital Boards;
1984 – Auditor General Dissatisfied with National Accounts;
1991 – Grim Conditions at Bellevue: Neglect, Demoralisation, Petty
Corruption Citing;
2001 – Ministries Guilty of Poor Financial Control;
2011 – Private Sector Groups Call for Sanctions for JDIP Breaches;
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2017 – Government Department Spends 76 Million Dollars on Rent Without
Moving In.
These are but a sample of Auditor General’s Reports which arose and disappeared in short order with little or no consequential action. The one outstanding exception related to the Farm Work Programme in relation to which an Auditor General’s
Report of 1990 found irregularities: subsequent investigations led to the charging, prosecution and incarceration of the then Minister of Labour. That was the last such occasion, almost thirty years ago.
In relation to Petrojam, I remind us that the issue arose twelve days before our Fourth
Annual Conference and remains alive today, one year thereafter. Secondly, there has been some transformation of words into action, albeit limited and incomplete:
The entire Board, the General Manager and senior staff were required to
resign;
The Minister of Energy, Science and Technology was compelled to resign;
The Government, through the Prime Minister, responded to pressure by
making a number of policy changes and disclosures earlier resisted in
Parliament. For example, on the third of July, The Cabinet announced that
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“public bodies will be prohibited from entering into sole-source retainer
contracts without the prior approval of Cabinet…the Ministry of Finance
has been tasked with developing uniform regulations for public
bodies…it will be a requirement that all donations be disclosed with
details to include the amount, the receiving entity, the purpose of the
donation and connected party consideration with the Management,
Board of Directors or the Minister”.
Actions yet to be completed and disclosed include the results of the investigations being carried out by the Integrity Commission and the Major
Organised Crime Anti-Corruption Agency.
Main Lesson
My submission is that it is Citizen Engagement alongside transparent Parliamentary oversight (the proceedings of the PAAC are televised live and clips uniformly make the nightly news) that has so far achieved some advance and it is citizen engagement that needs to be sustained, broadened and deepened if further advances are to be made. To sustain, deepen and broaden citizen engagement is particularly
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challenging in the current Jamaican and, I dare say, Caribbean context. That context incorporates a complex contradiction. On the one hand surveys indicate that the 3 $ * ( _ people themselves believe they “can make a difference in the fight against corruption”. The Latin American and Caribbean Global Corruption Barometer 2017 revealed that 73%, 58%, 89% of the people respectively in Jamaica, Trinidad and
Tobago, and Bahamas feel they can make a difference.
At the same time however and on the other hand, data in Jamaica confirms a downward trend on all indicators of participation – in community groups and organizations, including religious organizations, to say nothing of electoral participation which saw the lowest voter percentage turnout in over seventy years in the 2016 Jamaican general election. Consistent with this trend, the 2017 LAPOP
Report indicated that Jamaica had the lowest level of protests of the twenty odd countries surveyed in the Western Hemisphere. Hence, extraordinary effort is required to move the needle of citizen engagement essential to drive and to defend sustained action by Integrity Commissions and Anti-Corruption Bodies. Data relating to engagement on Petrojam confirms this effort.
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First the traditional media, in the first week of the Petrojam scandal coming to public PAGE | 46b attention, there was one reference in the national newspapers. This gradually grew until in the fifth week following the initial exposure, there were 28 items of news, columns, letters to the editor and editorials in The Gleaner and The Observer.
In week six, that had grown to 36, an average of five per day. Interestingly, in the week following, on July third, the Prime Minister felt compelled to relieve Minister
Wheatley of the Energy Portfolio, but retained in Cabinet with other portfolio responsibilities. Print media attention continued in weeks seven, eight and nine. In the week between July eighth and fourteen, there were 48 items, that is, seven per day in the two national newspapers.
The electronic media was little different. In the sixty-one days of the months of
June and July 2018, there were forty-two items of news, current affairs discussions and interviews in which, in my capacity as Executive Director of National Integrity
Action, I took part. Social media commentary, while generally not focussed on public affairs, nevertheless reflected and sustained interest in the Petrojam scandal.
The following are typical:
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June 24, 2018 – Andrew Wheatley should be fired. I cannot believe unno in power two years and unno do more corruption than PNP in 18 years. Shameful! Shameful!
June 24, 2018 – Send them to prison. Set example Mr. Prime Minister.
July 3, 2018 – Good job. The PM has exercised his authority and is dealing with the situation, something I have never seen from a PNP Government (on Wheatley being relieved of the Energy portfolio)
July 19, 2018 – The prisons should be filled with these corrupt politicians, policemen and women and others from every nook and cranny of the island.
July 30, 2018 (On the announcement of Wheatley’s resignation) – What took you so long, having seen your credibility shattered?? Resignation, yes. Fine!!! We need those fat career politicians to pay back with their own money the tax dollars which they have fleeced us. Accountability!!!
Underlying and contributing to this media attention were the weekly exposures in the meetings of the PAAC and the effort of National Integrity Action to initiate and sustain a broad coalition of civil society and private sector groups. This effort begun with a statement on June 28, 2018 in which NIA insisted “that either Minister
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Wheatley tenders his resignation forthwith or the Prime Minister asks him for his resignation”. This was followed by a meeting, requested by NIA, between NIA and the Umbrella Groups of Churches on July 5 “to consult on the question of integrity and good corporate governance on the obvious erosion of public trust which has become a feature in the Jamaican society over the years”. Both organizations then joined “in seeking separate meetings with the Honourable Prime Minister, Leader of the Opposition and the Private Sector Organization of Jamaica to address the long standing deficit of public trust which has been further damaged by the Petrojam situation”. This was followed by a meeting of the NIA and the JUGC with the PSOJ, the Jamaica Chamber of Commerce and the Jamaica Manufacturers and Exporters
Association. Arising from that meeting the five organizations together met with the
Leader of the Opposition first, and thereafter with the Prime Minister on July 31, 2018. Minister Wheatley resigned on July 30, 2018. In a joint public statement arising from the July 31 meeting, the Prime Minister agreed to “ensure that the investigative agencies (MOCA, Integrity Commission) are given adequate budgets”.
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Over and above and surrounding media interests and partnership building relating to
Petrojam, NIA sustained citizen awareness building with significant advertising on commercial spots in the media. Between May 28, 2018 and April 2019, there were
1,977 spots on TV/cable channels; 1,565 on radio; 182 in the cinema totally 3,724, as well as strategically placed billboards urging citizens to “do the right thing”. Over this twelve month period the cost – approximately US$300,000.
I conclude that the “transformation of words into action”, in the Jamaican and
Caribbean context, requires that we renew and implement the commitment of the
Fourth Annual Conference to “further intensify public education and citizen engagement and initiatives”. Otherwise, we too like the politicians, shall fall victim to the people’s distrust and lack of confidence in authority and our governance arrangements.
Professor Trevor Munroe, CD, DPhil (Oxon) Executive Director National Integrity Action
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APPENDIX 6| SPEAKER 4: DR. ROGER KORANTENG PAGE | 47
DAY 3: Dr. Roger Koranteng – Coordination Mechanisms for Inter-Agency Cooperation in Combating Corruption PAGE | 47a
Coordination Mechanisms for Inter-Agency Cooperation in Combatting Corruption By Dr Roger Koranteng Adviser and Head, Public Sector Governance Commonwealth Secretariat, London, UK
P A G E | 4 7b Introduction • This presentation covers issues related to cooperation between agencies that are responsible – directly or indirectly - for fighting corruption.
• And highlights practical ways in which cooperation between various agencies involved in dealing with corruption can be enhanced.
• Moreover, it identifies ways in which multi-agency approach can be as an effective way of addressing corruption using all available tools at the disposal of the anti-corruption agency PAGE | 47c Introduction • The success of Anti-Corruption Commissions (ACCs) strongly relies on the effectiveness and cooperation of many other complementary institutions such as the public prosecutor, the ombudsman, the auditor general, Procurement regulator, Police and aw enforcement Agencies, Financial Intelligence Units, the courts, etc whose contribution and interaction play a crucial role.
• Yet, experience worldwide indicates that in most countries, cross-agency coordination remains weak or inexistent.
• Law enforcement agencies are often not well connected and integrated, due to their wide diversity, overlapping mandates, competing agendas, various levels of independence from political interference and a general institutional lack of clarity. P A G E | 4 7d Jurisdictional Reach • Fighting corruption and related activities can be complex and resource consuming. The corruption cases may entailed sophisticated schemes with multiple actors and are further complicated by their multi-jurisdictional reach.
• Combating corruption and the laundering of the proceeds of corruption cannot be undertaken by a single agency acting in isolation, no matter how competent this agency and its staff may be.
• It is important to note that depending on a jurisdiction’s legal and criminal justice history, will have jurisdiction over the predicate crime of corruption.
• And it is precisely because, this jurisdiction may be in a single or very few agencies, that, it is essential that, there is cooperation in combating corruption. PAGE | 47e Domestic Cooperation
• By domestic cooperation, we mean that relevant government agencies responsible for combating corruption interact with each at both the policy and operational levels.
• The interaction should be in the form of exchanging of information, cooperating on cross cutting agency investigations, exchange of staff in order to share their expertise with another agency, and generally, participation in inter-agency fora on a frequent and ongoing basis PAGE | 47f Why the Need for Cooperation? • Take the case of a contract between a government and private sector players for the supply of equipment for hydroelectric development; installation of an airport radar; and passport equipment.
• These types of large government projects would typically fall within the portfolio of several ministries and as the cases above illustrate, intelligence that would lead to the detection of corruption activities may potentially come from a variety of sources.
• However, unless anti-corruption agencies establish continuous surveillance over public officials, and/or private sector players involved in these projects, it is difficult to catch corrupt officials committing corrupt acts and private individuals corrupting them. PAGE | 47g Why the Need for Cooperation? • Therefore, detecting corruption would entail looking into circumstances where these officials, or corrupters, are the most vulnerable, that is, when receiving cash or other assets, when placing these assets in safe havens or in their attempts to legitimize these assets.
• These transactions undertaken with illegal proceeds necessarily will leave traces as they are recorded in different databases.
• Say a car is bought with illegal proceeds, some government agency will undoubtedly have maintained a trace of the transaction: matriculation of the vehicle, the information is out there, but transforming this data into intelligence that can further be exploited, linked to criminal activity and produced as evidence in a prosecution,
• requires the collaborative efforts from key national stakeholders. PAGE | 47h Why the Need for Cooperation?
• Thus combating corruption requires participation from all sectors of government and the private sector.
• In order to effectively combat corruption governments have established specialized anti-corruption agencies, however, these agencies will need to work in concert with other institutions, whether for referral of potential criminal activity, occurring suspicious activities or in order to collect evidence and build a strong corruption case. PAGE | 47i Agencies Directly Involved in Detecting Corruption Activities • The following institutions would invariably play a role in tackling the problem of corruption.
• Depending on the jurisdiction, each plays a specific role according to the legislative mandate given.
• But regardless of the divergence of responsibilities, there is an overlap in the work done particularly on the ultimate objective, i.e. combat corruption.
• The Audit Office, the Public Prosecutors Office, Integrity Commissions, the Anti-Corruption Agency: the Police/Investigative Agencies, Office of the Ombudsman, Judiciary, etc. PAGE | 47j Avenues for cooperating (or models of cooperation)
• They are numerous ways in which a jurisdiction can establish modalities for ensuring to the extent practically possible, cooperation and coordination among the relevant agencies . • • Jurisdictions can adopt anyone of the following modalities: • Task Force; • Coordinating Council or Committee; • Memorandum of Understanding; and • Interagency Sharing of Intelligence. PAGE | 47k Task Force • A taskforce is a body formed expressly for the purpose of addressing a particular problem.
• The task force would be responsible for formulating a set of solutions to the problems and pick the most practical solution to each problem, as determined by some set of standards such as the law, regulations, rules and institutional mandates.
• Such a task force can be either permanent or temporary body. It can be permanent with respect to a problem like combating financial crime generally and money laundering in particular.
• Temporary could a body set up to address a specific issue such as for example human trafficking, illegal logging or diamond smuggling. PAGE | 47l Coordinating Council • Some jurisdictions establish under the anti-corruption laws a high level body responsible to set policy in the fight against corruption and crime.
• Tasked with coordinating and making sure that the public institutions fulfil their responsibilities and undertake actions under their mandate.
• It is an inter-agency body that is dedicated to marshalling the resources of the government as well as demonstrating political commitment at the highest level of government.
PAGE | 47m Memorandum of Understanding • Where, for whatever reason, may be turf wars, or some bureaucratic reason, a multi-agency body cannot be created, one option is to create a forum or coalition that is joined together by way of a memorandum of understanding.
• The memorandum of understanding may provide for modalities of exchange of information – at the operational level – among the agencies; • share experiences; • exchange of information, • providing logistical or operational support; and • generally address and mitigate any coordination problems. PAGE | 47n Inter-Agency Sharing of Intelligence • One of the key methods of addressing corruption and money laundering is to have accurate, comprehensive and timely intelligence from relevant bodies that feeds into the investigation and prosecution of corruption.
• Consequently, inter-agency sharing of strategic intelligence is essential. Agencies such as the FIU; the Criminal Investigations Department of the Police; the Audit Institution office; the National Intelligence Service; the Anti-Corruption Agencies themselves; and other relevant intelligence gathering agencies, should have a forum where intelligence can be shared and coordinated.
• For example, the Indian government in its anti-corruption strategy suggested that an inter-agency task force be established for purposes of sharing intelligence. PAGE | 47o Establishing Effective Cross-Agency Cooperation
• In order to establish effective cross-agency cooperation, the agency in charge of coordinating and monitoring the implementation of the anti-corruption policies should have: • Sufficient authority, • Resources, • Capacity, and • Political backing to perform its mandate and compel line ministries to implement measures and report on progress. PAGE | 47p Political and Operational Attention from the Design Stage
Many coordination efforts have failed because of initial design flaws. • Sufficient political and operational attention should be given to the coordination of anticorruption efforts from the onset, • with coordination issues considered from the design stage of anticorruption policy making, and • integrated in the overall anti-corruption architecture.
PAGE | 47q Strong Leadership and Political Determination • Securing support and collaboration from other agencies usually implies positioning the anti-corruption institution at a point of maximum influence.
• The overall responsibility for coordination needs to be assigned to a high level political authority or a lead figure, usually in the Office of the Prime Minister or a State Minister with the view to providing the requisite political leverage to deal with powerful line ministries and other public agencies.
• Others have recommended locating the lead agency at the maximum point of influence to give it the necessary political backing and visibility to allow it to take leadership in promoting coordination and if need be, compelling other institutions to cooperate.
PAGE | 47r Clear Mandate and Lines of Responsibility For effective cooperation, the establishment of specialised anti-corruption bodies should relate to what’s already in place and their respective roles and mandates clearly defined and well understood.
This implies understanding where and how the various mandates and responsibilities meet and interact.
Respective institutions should be given clear lines of responsibility, especially with regard to who should deal with particular cases of corruption.
Clear rules of engagement should also guide the interaction and collaboration between the various institutions involved. P A G E | 4 7s Legal Obligation to Cooperate Some countries such as Hong Kong and Singapore impose stringent legal duties of cooperation on government and the public, compelling them by law to support the Anti-Corruption Agency’s work.
Malaysia follows same patterns with 16 deputy public prosecutors being assigned by the Attorney General’s office to work on Anti- Corruption Agency’s cases.
Whatever the solution, there should be a framework of control to ensure effective enforcement of collaboration.
PAGE | 47t Cooperation as a Long-Term Process
$ • Effective cooperation of anti-corruption efforts is a long-term process $ that requires times and resources allocated to trust building efforts.
• While ad-hoc cooperation on specific cases can contribute to this process, it is recommended to approach coordination as a long term and ongoing process and
• Establish the necessary structures to facilitate effective long term cooperation in the form of regular interagency forums that allows exchange of information, discussions, etc.
PAGE | 47u Appropriate Coordinating Committees or Structures • Where coordination remains challenging, special committees or institutions may be established to address cross-agency cooperation.
• They can be composed of representatives from the executive, judiciary, legislature, and civil servants in key departments (such as customs, procurements, revenue collection and law enforcement and from local governments).
• They can also include members from civil society such as business representatives, NGOs, religious leaders, etc.
• In all cases, they need to have sufficient power, resource and capacity to deal with powerful ministries. PAGE | 47v Information and Communication Strategy By nature, cross-cutting reforms depend on good communication and information sharing between all implementing agencies and the public, including access and dissemination of supporting anti-corruption policies and documents.
Recent developments in information technology open new opportunities in this field as well as provide innovative tools to promote effective data and information sharing across agencies, such as the development of cross- agency databases, computerised case-management tracking systems, etc.
At another level, a proactive strategy of systematic information sharing between agencies may help build trust relationships and foster longer term cooperation.
PAGE | 47w Conclusion
• In conclusion, memorandums of understanding are one way in which to implement laws authorizing or organizing exchange of information. • Cooperation among domestic agencies is essential given the complex nature of financial crimes even where they do not cross borders. • Given the limited human expertise and financial resources, building interagency and cross sectoral partnership should be a critical component to achieving some measure of success in combating corruption. APPENDIX 7| COUNTRY PRESENTATION PAGE | 48
Country Presentation: Antigua & Barbuda 3/5/2020
PAGE | 48a $
Fifth Annual CCAICACB Conference
Topic Country Presentation – Antigua and Barbuda
Neil Coates
1 3/5/2020
P A G E | 4 8b
Fifth Annual CCAICACB Conference Factors that have restricted the overall operation and management of the Commission
Lack of funding
Inadequate staffing
Ability to discharge its functions as provided by the Act
Deficiencies in the Integrity in Public Life Act
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P A G E | 48 c
Fifth Annual CCAICACB Conference
Status of the Antigua and Barbuda Integrity Commission
2006 to 2014
2014 to June 2018 • Appointed in October 2014 • Initial effort to jump start the work of the Commission • Set up database to record information for declarants • Staffing issues resulting in Commission becoming non-functional in early 2016 until February 2018 • Second appointment in 2018 after two year of inaction and two Commissioners threatening to resign • 4th Annual Commonwealth Caribbean Association of Integrity Commissions & Anti-Corruption Bodies Conference held in June 2018 in Turks & Caicos • Prepared draft action plan
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P A G E | 48 d
Fifth Annual CCAICACB Conference
Status of the Antigua and Barbuda Integrity Commission..cont’d
June 2018 to May 2019 • Approved action plan for 2018/19 on June 14, 2018. -Integrity Commission Action Plan 2018-2019 • Issued first press release on June 15, 2018 to advise the public on (1) the Asot Michael matter and plans to investigate the allegations and (2) to provide an overview of how the Commission will operate going forward in relation to our interaction with stakeholders and the public. Press Release June 15, 2019 • Initiated an aggressive search to fill the position of Secretary to the Commission, however, the salary being offered was totally inadequate and this completely handicapped the process. In addition, the Commission had no funds and therefore was restricted to the salary being offered by the Government. • Completed database for all declarations submitted and wrote to all ministries, departments and statutory bodies that are required to submit the names of persons required to file declarations in accordance with the IPL Act • Retained legal counsel for the purpose of obtaining an opinion on the ability of the Commissioners under subsection 12(1)(d) of the IPL Act to begin an investigation without first receiving a written complaint. Legal Opinion
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P A G E | 48 e
Fifth Annual CCAICACB Conference
Status of the Antigua and Barbuda Integrity Commission…cont’d
June 2018 to May 2019 • Issued second press release on June 25, 2018 to advise the public that (1) there were grounds for an investigation into the Asot Michael matter (2) that the Government had agreed to provide funds to the Commission, (3) that the Commission had engaged legal counsel to advise the Commission on subsection 12 (1) (b & d) and (4) that based on the advice and opinion of legal counsel, the position of the Commission had changed and that an investigation could only be initiated if a written complaint was received in the proper form. Press Release June 25, 2018.docx • Prepared non-compliant listing of persons required to file declarations and anticipated placing first non-compliant listing in the official Gazette in September 2018, however this was not done until May 31, 2019 for a variety of reason. • Setting up standard weekly, monthly, quarterly and annual reporting guidelines/requirements for the office. • Prepared proposed amendments to the to the IPL Act dealing specifically with penalties for non compliance with the IPL Act Proposed amendments to the Integrity in Public Life Act.docx
5 3/5/2020
PAGE | 48f
Fifth Annual CCAICACB Conference Major Events in 2018/2019
• Changed the Commission’s interpretation of subsection 12(1)(d). • Completed database of all ministries, departments, statutory bodies and other persons that are required to submit the names of persons required to file declarations. • Completed database of all individuals in public life who are required to submit declarations annually. • Completed initial non-compliant listing of persons who had not filed declarations. • Completed draft amendments to the penalty provisions in the IPL Act.
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PAGE | 48g
Fifth Annual CCAICACB Conference The functions of the Commission as provided in the Integrity in Public Life Act (IPLA)are as follows Section 12(1) (a) to receive and retain all declarations filed with it under this Act;
(b) to receive and investigate complaints regarding non-compliance with or contravention of any provisions of this Act or the Prevention of Corruption Act, 2004;
(c) to make inquiries as it considers necessary in order to verify or determine the accuracy of a declaration filed under this Act;
(d) to conduct investigation into any offence of corruption under the Prevention of Corruption Act, 2004 (PCA) if it is satisfied that there are grounds for an investigation;
(e)To appoint where necessary Auditors to examine and verify the accuracy of the declarations filed under the Act or complaints of financial irregularities arising from breach of the code of conduct specified in the Second schedule;
(f) To examine the practices and procedures of Statutory Corporations and Departments of Government to determine whether there are corrupt practices;
(g) To advise Statutory Corporations and Departments of Government of any change in practice or procedures which may be necessary to eliminate corrupt practices;
(h) To perform such other functions as is required by this Act.
7 3/5/2020
P A G E | 48 h
Fifth Annual CCAICACB Conference Initiating an investigation under the IPLA and PCA
• All complaints under the IPLA must be in writing for any investigation to be initiated
• In regards to the Prevention of Corruption Act the IPLA provides that the Commission can initiate an investigation if it is satisfied that there are grounds for an investigation
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P A G E | 48 i
Fifth Annual CCAICACB Conference Initiating an investigation under the IPLA and PCA post legal opinion
• All complaints under the IPLA must be in writing for any investigation to be initiated
9 3/5/2020
P A G E | 48 j
Fifth Annual CCAICACB Conference Format of Complaints to the Commission
• All complaints to Commission must be in writing and shall include the following: Period within which the breach was committed. Name and addresses of persons involved in the commission of the breach. Evidence to support the complaint including documentary evidence and sworn statements. Such other particulars as may be prescribed by Regulations.
A person who makes a complaint shall not be liable in civil or criminal proceedings provided he proves that the complaint was made in good faith.
10 3/5/2020
P A G E | 48 k
Fifth Annual CCAICACB Conference Interpretation of Sub-Section 12(1)(d)
• Legal opinions were obtained on the interpretation of sub-section 12(1)(d) and a request is in the process of being sent to the Attorney General to refer the matter to the Court of Appeal for interpretation pursuant to section 3(1)(b) of The Attorney General’s Reference (Constitutional Questions) Act, 2009 (No. 10 of 2009).
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Fifth Annual CCAICACB Conference Statistical Data Declarations by persons in Public Life
2014 2015 2016 2017
Total known declarants 523 550 568 573
Number of declaration filed 164 177 156 184
Percentage compliance 31% 32% 27% 32%
Number of declarants who have not filed 359 373 408 389
Total number of departments, statutory bodies etc. who have not submitted the names of persons required to file 27
Total number of department, statutory bodies etc. who have not submitted the names of persons required to file 26
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P A G E | 48 m
Fifth Annual CCAICACB Conference Statistical Data - Complaints Filed
Number of complaints submitted 4
Number of investigations started 1
Number of investigations in progress 0
Number of investigation closed for any reason 1
Number of investigations forwarded to the appropriate authority for 0 prosecution
Number of convictions 0
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P A G E | 4 8n
Fifth Annual CCAICACB Conference
Penalties for Non-compliance
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Fifth Annual CCAICACB Conference Existing Penalties
• Failure to make appropriate disclosures in declarations A fine not exceeding $5,000 or to a term of imprisonment not exceeding 6 months on summary conviction.
• Actions for failure to file a declaration File a report in the Gazette and send a report to appropriate official as documented in section 20(1).
Failure to file a declaration will result in a fine not exceeding $10,000 or a term of imprisonment not exceeding 12 months on summary conviction.
• Breach of the Code of Conduct A breach of the code of conduct is an offence and is liable on summary conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 3 years of both fine and imprisonment.
15 3/5/2020
P A G E | 4 8p
Fifth Annual CCAICACB Conference Proposed Penalties
• Late filing penalty – A person who fails to file a declaration on or before the date by which the filing is required is liable to a penalty of $250.
• Failure to file declarations – A person who fails to file a declaration is liable to a fine of $1,000 with an additional of $25 for each day or part thereof that the failure to file continues.
• Failure to file complete declarations – A person who files an incomplete declaration will be liable to a penalty of $200 plus an additional penalty of $25 per day or part thereof that the failure continues, if after being notified by the Commission of the deficiency in the declaration in writing.
• Failure to respond to request for information in a specified timeframe – A person who fails to respond to a written request from the Commission for information related to a declaration filed will be liable to a fine of $1,000 plus an additional fine of $25 for each day that the deficiency continues.
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P A G E | 48 q
Fifth Annual CCAICACB Conference Proposed Penalties
• Failure to provide listing of persons who are required to file declarations – A person who fails to submit the names of persons who are required to file a declaration with the Commission by the due date will be liable to a fine of $250 plus an additional penalty of $25 for each day or part thereof that the deficiency continues.
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Fifth Annual CCAICACB Conference Other Proposed Amendments
Proposal to require heads to submits names of persons required to file declarations • All heads of governmental departments, commissions, diplomatic missions, statutory corporations, state institutions, boards deemed to be persons in public life as per schedule 1 of the Act shall provide a list of all persons in the department, commission, mission, corporation , state institution or board to file with the Commission a listing of all person who are required to file a declaration under this Act by January 31 of each calendar year.
Enforcement Provision
• Any person who is assessed a penalty by the Commission must pay such penalty within 30 days of receiving the notice of assessment of the penalty.
• Where a penalty assessed is not paid within the stipulated period, the Commission shall write to the relevant authority requesting the withholding of the assessed penalties from the wages, salaries or compensation received by the individual.
• the relevant authority shall withhold the assessed penalties from the wages, salary or compensation of the individual and transfer same to the Commission’s account.
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P A G E | 4 8s
The End
19 APPENDIX 8| COUNTRY PRESENTATION PAGE | 49
Country Presentation: The Bahamas PAGE | 49 PAGE | 49 a 49
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PAGE PAGE | 49b PAGE | 49c PAGE | 49d PAGE | 49e PAGE | 49f PAGE | 49g APPENDIX 9| COUNTRY PRESENTATION PAGE | 50
Country Presentation: Belize PAGE | 50a
BELIZE: COUNTRY PRESENTATION 5th Annual Commonwealth Caribbean Association of Integrity Commissions & Anti- Corruption Bodies (CCAICACB) Conference June 3rd, 2019 Grand Cayman Marriott Beach Resort
Lord John Dalberg Acton said in 1887 in a letter to the Anglican Bishop Mandell Creighton, “Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men……” To put this in milder terms, a person's sense of morality lessens as his or her power increases. This holds true to today in spite of the many advancements of mankind. In our small nation of Belize, the scourge of corruption is easily recognizable and has its roots embedded in both the public and private sectors.
The Integrity Commission of Belize was established in the year 1994, but has been non- functional for most of its existence. The Commission was re-activated in the year 2017 after approximately 8 years of non-performance, but shortly after its re-activation saw the resignation of its then Chair in early January of 2018, with the Commission then going on a brief hiatus until August of 2018.
As a part of the Government of Belize’s good governance agenda, it repealed the Prevention of Corruption in Public Life Act and replaced it with the Prevention of Corruption Act (hereinafter referred to as the “PCA”) which became law in the year 2007. The Integrity Commission comprises of seven members - a Chairperson and six (6) members appointed by His Excellency the Governor General in accordance with Section 3 of the PCA. Section 3 reads in part:
“(1) There is established for the purposes of this Act, a body to be known as the Integrity Commission which shall consist of a Chairperson who shall be an attorney-at-law with not less than five years standing and six other members who shall be persons of integrity and high national standing.
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(2) Two members of the Commission shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given with the concurrence of the Leader of the Opposition and the other members of the Commission including the Chairperson shall be appointed by the Governor General acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition.”
The mandate of the Commission is to investigate corrupt activities by persons in public life and to ensure that those persons in public life (presently limited to members of the House of Representatives including the Speaker, Members of the Senate including the President of the Senate; and members of local authorities), remain compliant with their duty to file a declaration of financial affairs dating to the thirty-first of December of each year.
These activities are specifically outlined in Section 4 of the PCA as follows:
(a) to examine and retain all declarations filed with the Secretariat under this Act; (b) make such inquiries as it considers necessary in order to verify or determine the accuracy of the declarations filed under this Act; (c) investigate complaints regarding non-compliance with or breach of the provisions of this Act; and (d) perform such other functions as it is required by this Act to perform.
Section 5 goes on to state:
“In the exercise of its functions under this Act, the Commission is not subject to the direction or control of any other person or authority.”
Though the Act refers to the independence of the Commission there are still internal issues which remain a challenge for the Commission as it continues to operate with only an Administrative Secretary and Office Assistant in a cramped space on the 3rd Floor of the National Assembly. It is the aim of the Commission to have its offices relocated to more
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PAGE | 50c spacious and suitable accommodations in the near future but budgetary and financial constraints are of concern.
It is, nonetheless, the view of the Commission that the appointment of the appointment of an Accounting Officer will assist with the expeditious performance of the Commission’s tasks and objectives. The Commission engaged in rigorous discussions surrounding the appointment of a suitable individual to act as its Senior Accounts Clerk to assist with its accounting functions, now being performed by the Clerk of the National Assembly. Several applications have been received and the Commission intends on interviewing those persons in short order. This addition would certainly boost the Commission administrative functions as it strives to achieve the attainment of its statutory obligations. The Commission certainly realizes that competencies of its employees are a crucial part of the Commission’s productivity and on-going improvement.
Other useful appointments for the better functioning of this Office, would include a Legal Advisor to the Commission and a Special Investigator, on an as needed basis. The Commission is at times in need of legal advice and any request to be made to the Attorney General’s Ministry could potentially lead to a conflict of interest situation.
Despite that and in furtherance of the promotion of its good governance agenda and of great significance is the fact that Belize acceded to the United Nations Convention against Corruption (UNCAC) on December 12th, 2016 pledging to “assess the legal and institutional framework in Belize, with the aim of identifying and strengthening anti-corruption regimes in Belize”.
The Government of Belize has reported that although our country is considered as a country with an “economy in transition, as such, any plans and programmes to combat corruption has to be measured in line with Belize’s capacity financially, technically and otherwise.”
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In this territory, we can assess some of the main risks of corruption as follows:
(a) Lack of proper funding /resources - there is a lack of appreciation for the cost-benefits of a "clean" administration and of the fact that an effective Agency needs proper funding; (b) Person in Public life not providing full information on their financial affairs; (c) Policies, procedures, mechanisms for reporting are non-existent, unclear or not adequately enforced; (d) No standards or mechanisms are in place that would enable public servants or citizens to report to the Commission acts of corruption which have come to their attention during the performance of their public or private functions. This should be complemented by measures that protect public servants who report acts of corruption in good faith; (e) No sensitization campaign effected with the assistance of the AG’s Ministry and the Ministry of Public Service; (f) Supervision and performance management are inadequate; with those in power having high levels of discretion in their decision-making; and (g) Accepted ethical standards are lacking with the Belizean culture tolerable of rule breaking and short cuts.
We are fully aware that the lack of responsible and accountable governance leads to corruption and which ultimately lends itself to social ills such as poverty, migration and political unrest, to name a few.
In recognizing corruption as a worldwide phenomenon, strides must be made to combat it by fostering the necessary advancement and change. Time and time again our third world nations are ranked on the Corruption Perception Index based on varying indicators sighting us as highly corrupt or measurably corrupt and with these third world nations struggling for a better ranking, forcing us to take not only notice but also action.
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The following questions can now be posed – (1) Is Belize as a nation ready to start the fight against unethical behaviour? (2) Are we ready to eliminate and eradicate the poisonous and treacherous acts of illicit behaviour and gains that have infected our very social fibre? We say a resounding YES but the inevitable question is – How can this be achieved?
In Belize, and since the re-activation of the Integrity Commission, persons in public life, have been compliant for the most part with the asset disclosure regime as per the Prevention of Corruption Act, but there is much more to be done.
It is our hope that the Integrity Commission of Belize will be viewed as autonomous, promoting integrity, investigating and exposing corruption and misconduct in public administration.
Notably, a Secretariat to the Commission has been established and there has been the enforcement of the collection of administrative fines of $100 per day for each day that a person in public life fails to file a declaration or give such information or explanation as required in filing with the Commission.
In progressing this gargantuan feat of eradicating corruption, the Government of Belize through the Attorney General’s Ministry, is the designated and central authority for the United Nations Convention against Corruption. We must strive as a Commission to work hand in hand with other agencies to install and enforce preventative measures in this fight against corruption.
The citizens of our nation too must take an active role and assume responsibility in empowering themselves to become fearless and to challenge each other to improve in thinking and behaviour.
Educating one’s populace about anti-corruption in general and our laws in force may improve one’s decision making with the beginning of the change that we so desire. It must
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be recognized that holding our persons in public life accountable after an election is a part of our civic responsibility as they have been elected to lead and represent us.
In promoting and facilitating inter-country cooperation (such as this event) and by developing a strong partnership with other nations we can together aid in preventing, detecting, punishing and eradicating corruption.
Our Belize legislation particularly vests the Commission with broad powers of investigations including the power to summon and examine witnesses, to call for the production of books, plans and documents. Failure to disclose any information duly required by the Commission is punishable by a fine and imprisonment. As well, there is “whistle-blower” protection where a person makes a complaint to the Commission in good faith that is not frivolous or vexatious reasonably believing that the complaint made and allegations contained in it, are substantially true and in the circumstances, it is reasonable for him or her to make the complaint, he or she shall not be liable to any form of reprisal or any suit, whether civil or criminal.
The accession to the Convention against corruption, the reactivation of our Integrity Commission is only the beginning, there is much more work to be done and everyone has their part to play. It is not a singular act nor can it be achieved with the wave of wand.
With a view to prevent corruption using a cost benefit analysis, the expected cost of acting in a corrupt manner must be increased relatively to and optimally outweigh the expected benefit. In particular, the probability of liability or conviction and the corresponding penalty or punishment must be increased.
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APPENDIX 10| COUNTRY PRESENTATION PAGE | 51
Country Presentation: Cayman Islands 3/5/2020
PAGE | 51a
Cayman Islands
Commonwealth Caribbean Association of Integrity Commissions and Anti-Corruption Bodies Conference Grand Cayman, Cayman Islands
3 – 7 June 2019
Chairperson Mrs. Rosie Whittaker-Myles
1 3/5/2020
PAGE | 51b
Cayman Islands Overview
The Cayman Islands Grand Cayman Cayman Brac Little Cayman
Image: maps.google.com 260 sq km /100 sq mi (combined) Population: 63,415 (2017)* 57% Caymanian 43% Non-Caymanian
*Statistics provided by the Cayman Islands Economics and Statistics Office’s Compendium of Statistics 2017 (www.eso.ky).
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Cayman Islands Overview
Discovered by Christopher Columbus in 1503.
Became British Territory (via Jamaica) in 1670.
Implemented its first constitution in 1959.
Officially became a direct dependency of Britain when Jamaica gained independence in 1962.
Legislation passed in 1966 to expand the banking/finance industry.
Category 4/5 Hurricane Ivan hit Cayman in September 2014, resulting in 95% of housing stock sustaining damage, with around 25% destroyed or damaged beyond repair.
CSPL established under current constitution, which came into effect in 2009.
Cayman’s telecommunication services, financial expertise and infrastructure rival those of large industrialized nations.
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Brief Introduction and Background
The Cayman Islands Constitution Order 2009 came into force on 6 November 2009, repealing and replacing the Cayman Islands (Constitution) Order 1972 as amended over the years.
The Commission for Standards in Public Life (the “Commission”) was established as an institution supporting democracy under the 2009 Constitution; a fulfilment of the 1999 White Paper requirements for the UK’s British Overseas Territories.
It reinforced the need to have regard for ethics and transparency as important elements of a democratic society and the necessary protection of the rights and freedoms of the people in the Cayman Islands.
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Constitutional Mandates for the Commission
117(9)(a) to assist in the setting of the highest standards of integrity and competence in public life in order to ensure the prevention of corruption or conflicts of interest; (b) to monitor standards of ethical conduct in the Legislative Assembly, the Cabinet, and on the part of public authorities and public officers; (c) to supervise the operation of registers of interest and to investigate breaches of established standards; (d) to review and establish procedures for awarding public contracts; (e) to review and establish procedures for appointing members to public authorities, and the terms of their appointment; (f) to recommend codes of conduct to prevent any Minister, public authority or public officer employing their power for any personal benefit or advantage, and to recommend legislation to provide appropriate sanctions; (g) to report to the Legislative Assembly at regular intervals, and at least every six months; and (h) to exercise such other functions as may be prescribed by a law enacted by the Legislature.
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Work since February 2018
Tabled the Commission’s Fourteenth , Fifteenth and Sixteenth Reports which are now available on the Commission’s website;
Continued to follow-up with the Office of the Premier on a commencement date and regulations for the Standards in Public Life legislation;
Reviewed and discussed the Procurement Law, 2016, the Procurement Regulations, 2018 and the draft Procurement Code of Conduct;
Inspected the current Register of Interests (“ROI”) and met with the members of the Legislative Assembly’s ROI Committee to discuss their observations and questions arising from the ROI inspection ; followed-up with ROI Committee;
Continued to follow-up with the Cabinet Office on the status of the draft Ministerial Code of Conduct and the expected date for its finalisation and implementation;
Liaised with the Hon. Deputy Governor and the Hon. Leader of the Opposition and Chairman of the Public Accounts Committee (“PAC”) and requested further information regarding a news article entitled “PAC motion threatens CO with contempt”, in order to consider the matter;
Reviewed the Internal Audit Service’s (the “IAS”) report on the Commission’s concerns arising from the Gender Equality Tribunal’s (the “Tribunal”) ruling on the matter Atherley et al v H.M. Prison Service in order to provide feedback to the Ministry of Human Resources & Immigration; and
Discussed the United Nations Office on Drugs and Crime (“UNODC”) anti-corruption educational programme titled Education for Justice (“E4J”) and commenced outreach to various educational stakeholders in the Cayman Islands to explore the level of interest in implementing the programme. Facilitated the attendance of University Professor at a Specialist E4J Workshop in Colombia.
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Work since February 2018 Continued…
Attended a Data Protection Awareness Session facilitated by the Office of the Ombudsman; Considered the Report of the Office of the Auditor General titled "Fighting Corruption in the Cayman Islands". Attendance by the Chairman before the Public Accounts Committee in relation to the findings and recommendations of the Auditor General in respect of the Standards in Public Law; and Presented and participated in a training workshop for Board Members and Members of Statutory Authorities facilitated by the Commissions Secretariat.
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Main Challenges Faced in Implementing Initiatives
Continued delay in securing a commencement date for the Standards in Public Life Law, 2014 and the Standards in Public Life (Amendment) Law, 2016. Continued delay in having approved drafting instructions for the Standards in Public Life Regulations. Perceived lack of support for legislation from politicians, public authorities and board members of statutory boards as a result of the delay in commencing the Law.
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Results of the Innovation/Activities/Initiatives
Continued to consider matters related to conduct and conflicts of interest affecting the integrity of persons in public life. Commenced its outreach to various educational stakeholders in the Cayman Islands to explore the level of interest in implementing the United Nations Office on Drugs and Crime (“UNODC”) anti-corruption educational programme titled Education for Justice (“E4J”). Presentation to Sixth Form Students at High School. Began planning of the Fifth Annual Commonwealth Caribbean Association of Integrity Commissions and Anti-Corruption Bodies (“CCAICACB”) Conference as the 2019 host country.
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Future Goals
Our future goals as detailed in the Commission’s 2018 submission to the CCAICACB remain: Advocate for the approval of Standards in Public Life Regulations, and the securing of a commencement date for the Standards in Public Life Law, 2014 and the Standards in Public Life (Amendment) Law, 2016. See through the implementation of the Ministerial Code of Conduct. Continue collaboration with schools to effect implementation of E4J into curriculum. Continue to participate in any public relations opportunities, as well as in local and regional cooperation efforts where possible.
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Recommendations that could be Shared
Our recommendations as detailed in the Commission’s 2018 submission to the CCAICACB remain:
Ensure the legislation is relevant to the particular jurisdiction in which it is to be implemented. The Legislation enacted in the Cayman Islands followed on from extensive research into the legislation of other jurisdictions and best practices. Engage with a view to securing full participation of lay persons who serve on boards, statutory authorities, etc. who will be affected by legislation. Seek “buy-in” or support from the government as a whole, both politicians and senior civil servants. This can be achieved through educational initiatives. Allocate resources carefully to ensure support on an administrative level and for the purposes of investigations.
Continually seek to engage Ministers/Members of the Legislative Assembly and public officials.
In addition, the Commission recommends the following: Continue its outreach to secure agreement of schools to implement the UNODC’s E4J programme in primary, secondary and tertiary institutions.
11 APPENDIX 11| COUNTRY PRESENTATION PAGE | 52
Country Presentation: D ominica
PAGE | 52a
INTEGRITY COMMISSION OF DOMINICA
COUNTRY PAPER
CONFERENCE OF THE COMMONWEALTH CARIBBEAN ASSOCIATION OF INTEGRITY COMMISSIONS AND ANTI-CORRUPTION AGENCIES
CAYMAN ISLANDS, JUNE 3 – 7, 2019
1. INTRODUCTION The newly appointed Integrity Commission of Dominica, under the Chairmanship of Stephenson Hyacinth is pleased to participate at another CCAICACB Conference. We extend very best wishes to all members of Integrity Commissions and other Anti- Corruption Bodies in the Commonwealth Caribbean for a fruitful conference and for the further deepening of the relationship among our organizations. We are grateful for the continued financial and technical support of the Commonwealth Secretariat and for the leadership of Dr. Roger Koranteng.
2. BACKGROUND The Integrity in Public Life Act was passed in Dominica in 2003; the Commission became operational in September 2008. The Act of 2003 was amended in 2015. The main effect of the amendment was the dissolution of the former seven-member Commission, chaired by Julian Johnson from inception to 2015 and the reconstitution of the Commission as a three-member body, chaired by Dermot Southwell.
3. THE COMMISSION On July 25, 2018, Chairman Dermot Southwell passed away after a period of illness. His passing left two members on the Commission. Section 10(2) of the Act (amended) states that a quorum of the Commission is two; section 10(3) states that the proceedings of the Commission shall not be affected by any vacancy amongst the members or by any defect in the appointment of any member.
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That scenario was similar to the situation in 2016, when the failure of the Leader of the Opposition to nominate a third member to the Commission left it with two members. In the earlier case, the Commission met and operated normally. In the latter case, the Commission never met since neither of two remaining members was the Chairman.
The Commission currently comprises three members who were appointed April and May 2019 by His Excellency the President in accordance with the Act: Chairman Stephenson Hyacinth (nominated by the Prime Minister, after consultation with the Leader of the Opposition); Commissioner Thomas Holmes (nominated by the Prime Minister) Commissioner Cara Shillingford (nominated by the leader of the Opposition).
It is very instructive that the appointment and subsequent operation of the Commission is so heavily dependent on the political machinery that exists
4. ACTIVITIES OF THE COMMISSION
a. July 2018 to May 2019
The period was the aftermath of the passage of Hurricane Maria. Very few activities were completed, given an island nation in the midst of reconstruction. The Commission sought to meet with the Director of Public Prosecutions (DPP) to discuss the backlog of reports to her regarding persons who had failed to file. The DPP’s office was heavily impacted resulting in the loss of files, among other things, and that meeting never took place.
The Commission was of the view that the successful youth education programme themed ‘Success without Integrity is Failure’ for secondary school students which was launched in 2016, could recommence in 2018. Alas this was not to be, since, schools were still operating on shift systems and the Commission’s office was in need of repair (more work still to be done).
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PAGE | 52c
The list of persons in public life, over whom the Commission has jurisdiction, is dynamic and constantly changing. Persons in public life are to continue to file for TWO years following the demission of office of persons in public life and any person acting in the office of ppl for six months continuously becomes a ppl. The numbers for the past few years are as follows:
The functions of the Commission, according to the Act, are to: “(a) receive, examine and retain all declarations filed with it under this Act; (b) make such enquiries as it considers necessary in order to verify or determine the accuracy of any declarations filed under this Act; (c) without prejudice to the provisions of any other enactment, inquire into any allegation of bribery or act of corruption under this Act; (d) receive and investigate complaints regarding non-compliance with any provision of this Act; and (e) perform such other functions as is required under this Act.”
Regarding the first function, “(a) receive, examine and retain all declarations filed with it under this Act, each year, each person in public life makes declaration no later than March 31st of the following year. To facilitate the process, the Secretariat sends out, every January, Form 2, Guidelines for filling out Form 2 and a Calendar with informational highlights.
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PAGE | 52d
Production of the 2018 Calendar was frustrated; the 2019 Calendar one, also themed: ‘Success without integrity is failure’ was sent to all persons in public life. It highlights aspects of the legislation and instructs persons in public life. The Calendar is also sent to all secondary schools and the State College.
The examination of declarations is done with the ‘Adagio’ accounting software. Adagio produces a balance sheet for each person in public life. A comparative analysis provides the basis for clearance or for the issuance of a query. At the end of the process, compliance is gauged.
The process for financial declarations as shown below was effectively on hold from step 3.
1. 2. 3. 4. 5. Decision Declare Analysis Review Report to IC and Action
Functions (c) and (d) remain very troubling ones. The burden of proof in these matters is the responsibility of the complainant. Section 32 of the Act gives the ‘complainee’ the right to institute legal proceedings against him (the complainant) if the Commission rejects the complaint that he brought.
Another matter that the Commission started to address was the Falling Rate of Compliance as illustrated in the following figure. The Commission held a working session to diagnose the issue and to brainstorm solutions. The outreach to ppl was heightened, and the Commission seriously advertised its new power (under the Amendment Act) to “extend the period in which a declaration may be filed”.
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PAGE | 52e
RATE OF COMPLIANCE RE FINANCIAL DISCLOSURE
90.97 Percentage compliance
86.62 84.30 83.25
80.20
2012 2013 2014 2015 2016
Fig. 1 Compliance with the Act, Calendar years 2012 to 2016 (Table & Graph)
In 2017, Compliance rose to 85%.
b. From May 2019
The two remaining members on the Commission ended their terms of office in February 2015 and the Secretariat continued to petition the Offices of President and Prime Minister for the appointment of a Commission to validate the work of the Secretariat.
4. CONCLUSION The Commission has already laid the framework for an engaging and active stint in office. This is a prayer for better times for our organizations, countries and people.
INTEGRITY COMMISSION OF DOMINICA
pg. 5
APPENDIX 12| COUNTRY PRESENTATION PAGE | 53
Country Presentation: Grenada PAGE | 53a
GRENADA COUNTRY REPORT
June 2018 to May 2019
Office of the Integrity Commission
&
The Financial Intelligence Unit
(JUNE 2018 TO MAY 2019)
PAGE | 53b
OFFICE OF THE INTEGRITY COMMISSION AND THE FINANCIAL INTELLIGENCE UNIT GRENADA COUNTRY REPORT JUNE 2018 TO MAY 2019 FOR COMMONWEALTH CARIBBEAN ASSOCIATION OF INTEGRITY COMMISSIONS AND ANTI-CORRUPTION BODIES CONFERENCE
INTRODUCTION
During the period 2018 to 2019 the Office of the Integrity Commission (“Commission”) and the Financial Intelligence Unit (FIU) engaged in their respective areas of work.
However, this last year saw collaborative efforts undertaken by both member organisations which were critical to their roles which required them together to tackle the challenges of corruption in Grenada’s anti-corruption sector. Grenada Country The Commission proceeded with its phased approach to its work, and despite Report prevailing budgetary constraints, was able to place emphasis on the creation and 2018 development of specific policies, procedures and protocols, which led to the (May 2017 to May enhancement of its work. We are happy to report that in recognition of its commitment to good practices established by the Commission in its work; it is 2018) earning the current title of “Best Practice” in the Caribbean by both regional and internationals experts.
Both the Commission and the FIU are supported by a small dedicated group of professionals who are on a learning curve as Grenada implements its fledgling anti- corruption system. We have been extremely active in the quest to establish a robust National Anti-corruption System, therefore, good practices, policies or procedures have been deemed effective to strengthen public integrity in government. The aim to improve and update our methodologies determines our best practices. .
1 | P a g e Grenada Country Report June 2018 – May 2019 PAGE | 53c
TRAINING AND DEVELOPMENT
We have been receiving training and advice from some of the best subject matter experts that the world, region and nation have to offer.
United Nations Office on Drugs and Crime In 2018, the first phase of training from the United Nations Organization on Drugs and Crime (UNODC) on the Development of a National Anti-corruption Strategy intended to implement the requirements of the UN Convention Against Corruption, was held in Grenada with the Stakeholders of our National Anti- corruption Round Table Mechanism. The second phase of that exercise will continue in July 2019, in collaboration with the UNODC. Grenada has been blessed with training opportunities from UNODC and for this we are extremely grateful.
Virtual Centre for Excellence Training Series – Senior Leadership and Management The Commonwealth Caribbean Association of Integrity Commissions and Anti- Corruption Bodies (CCAICACB) June 2018 Communiqué stated that “The Association agreed to: a) Accept the offer of the Government of Grenada to provide facilities for capacity building programmes of the Association, in collaboration with the Government of India and the Commonwealth Secretariat;” . Unfortunately, Grenada has utilized existing national infrastructure through the resources of the Commission until the assignment of the agreed physical structure.
The Commission launched its Virtual “Centre for Excellence Series” and held a successful Regional Senior Leadership and Management Training Programme, in collaboration with the Commonwealth Secretariat and Grenada’s Department of Public Administration. The focus of the Training was on global best practices for public sector management systems.
The Lead facilitator was Dr. Roger Koranteng, Interim Advisor and Head of Public Sector Governance, Commonwealth Secretariat who covered several issues including; Conflict of Interest Management in keeping with International Best
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Practices; Addressing Weaknesses in Organisational Governance; Ethics and Moral Conduct; and Global Trends in Anti-Corruption Deterrence.
Dirk Harrison, Chairman of the CCAICACB presented on Procurement Matters and International Best Practices and Principles of Investigation, during which practical experiences were shared by Rohan Reid of the Major Organised Crime and Anti-Corruption Agency (MOCA) the delegate from Jamaica.
Among local presenters were David Holukoff, Director of Grant Thornton, who reviewed the recent Corruption Perception Index published by Transparency International, and Inspector Raymond Lockiby from the Financial Intelligence Unit. He dealt with the issue of Threats and Vulnerabilities in Public Sector Management Systems.
The regional delegates/participants were:- Guyana/Integrity Commission: Mr. Kumar Dorisami Chairman, Mrs. Rosemary Benjamin-Noble Commissioner, and Mrs. Amanda Jaisingh Secretary; Dominica/Integrity Commission Mrs. Palestrina Rolle-George Research Officer; St Lucia/Integrity Commission Ms. Jean Morille - Secretary/CEO; and Jamaica/MOCA- Rohan Reid - Deputy Superintendent.
Local participants included the Director of Public Prosecutions, the Attorney General, the Ombudsman, Department of Public Administration (DPA), the Permanent Secretaries, Chairpersons and Chief Executive Officers from Statutory Bodies, other Senior Public Officials, Civil Society Organisations and, Staff and Commissioners from the Office of the Integrity Commission.
The four day Programme was delivered in Three Sessions: Session One for General Stakeholders, March 25 and 26, 2019, had fifty (50) participants; Session Two for Statutory Bodies, March 27, 2019, had fifty four (54) participants; and Session Three for the National Anti-Corruption Roundtable Mechanism, March 28, 2019, had thirty eight (38) participants. The regional participants attended all three Sessions.
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Integrity Commission Grenada facilitates Sharing with Regional Colleagues
During the half day sessions of the Senior Leadership Training the regional participants were invited to a sharing of information on the * Administrative and Operations Systems of the Integrity Commission Grenada. Two half day sessions were held at the Office of the Integrity Commission. Our structure, policies, procedures, practices and documents, were shared with our colleagues. Additionally, we focused on the Authority pf the Commission, Declaration and Compliance processes, Chain of Custody procedures, Investigations and Risk Management, Complaints, Educational Outreach Seminars and Activities.
The participants were very receptive and pleased with what was shared and there were many questions during and after the sessions.
Grenada’s Chairperson attends 4th Gathering of the ParlAmericas Open Parliament Network
Chairman Lady Anande Trotman-Joseph, was invited to showcase the work of Grenada’s Integrity Commission at the 4th Gathering of the ParlAmericas Open Parliament Network which was held in Quito, Ecuador from March 12 – 14, 2019. Lady Trotman-Joseph presented on “Strengthening Parliamentary Oversight to Promote Openness and Counter Corruption”. The presentation focused on:-
Key aspects of a public integrity regime; Important provision within the law to regulate this issue; Good practices, policies or procedures that have been deemed effective to strengthen public integrity in government; Opportunities for parliamentary collaboration with civil society to support the effective implementation of relevant laws; Recommendations for Parliament
The Parliament Network noted with keen interest the implementation methodologies of Grenada’s Anti-corruption Regime and the initiatives and best practices undertaken by the Integrity Commission.
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Commonwealth Anti-corruption Benchmarks Review Meeting
Chairman Trotman-Joseph was invited along with other academia and international organisations across the Commonwealth to the Review Meeting in London, England from 15th – 16th May 2019. Chairman, was the only Caribbean academic, who was requested to facilitate a Session on “Regulation” The Session examined twenty-two (22) Benchmarks.
The Commonwealth Anti-corruption Benchmarks are designed primarily to help governments and public sector bodies measure their anti-corruption laws, procedures, and actions against international anti-corruption good practices and implement appropriate improvements.
OUTREACH SEMINARS
One of the Integrity Commission’s key mandates is reflected in the Integrity in Public Life Act (IPLA) No.24 of 2013, Section 12 (1) (h) and reads, “The Commission shall (h) carry out programmes of public education intended to foster an understanding of the standard of integrity”. In that regard, the programmes delivered were:-
Grenada Industrial Development Corporation
The Commission conducted an Educational Outreach Programme for the Board of Directors, Management and Senior Staff of the Grenada Investment Development Corporation (GIDC).
The Programme was geared towards raising awareness and promoting a keen understanding of the Commission’s operations, best practices and functions in keeping with its Integrity in Public Life (IPL) Act No. 24 of 2013 and the Prevention of Corruption Act No. 15 of 2007, as well as International Anti- Corruption Frameworks (OAS Inter-American Convention Against Corruption, United Nations Convention Against Corruption) to which Grenada acceded.
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Specific attention was made particularly to the managing of “Conflict of Interest” and “Gratification” as highlighted in the Code of Conduct (section 40 of the IPL Act) and the Prevention of Corruption Act, respectively. An Overview and General and Technical Functions of the Commission; Organizational Integrity; Code of Conduct and Best Practices in Public Life together with a Simulation Exercise were also shared by the presenters.
Subsequently, the Corporation developed three Draft Policies (Conflict- of- Interest, Anti-Bribery and Fraud, and Code of Conduct) and invited the Commission to review same. The review was for the purpose of having the Policies finalized and subsequently implemented.
Customs and Excise Department
The Commission conducted an Educational Outreach Programme for Junior Customs Officers of the Grenada Customs & Excise Division. The objectives of the Programme were to sensitize and share information on:-
The responsibilities of the Integrity Commission, the Integrity in Public Life Act No. 24 of 2013 and the Prevention of Corruption Act No. 15 of 2007; The International Anti-Corruption Framework; Declaration and Compliance Process; How to Complete a Declaration Form; What is Corruption and its Negative Effects; The Difference Between Ethics and Integrity; and Code of Conduct- Conflict of Interest, Gifts and Gratification.
A total of twenty seven (27) participants were present at the Programme. Each participant received Integrity Commission Information Packs which consisted of a Brochure (contains the Code of Conduct), declaration form (used for “How to complete your declaration form” exercise), List of Relevant Anti-Corruption Legislation in Grenada and an Evaluation sheet.
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Later on in the year, all twenty-seven Officers filed their Declaration of Assets, Liabilities and Income.
Physical Planning Unit
The Office of the Integrity Commission conducted an Educational Outreach Programme for the Physical Planning Unit (Ministry of Finance) at the GCNA Building, Kirani James Boulevard, St. George. The Objectives of the programme were to sensitize and share information on:-
The responsibilities of the Integrity Commission, the Integrity in Public Life Act No. 24 of 2013 and the Prevention of Corruption Act No. 15 of 2007; The International Anti-Corruption Framework; Persons in Public Life vs a Public Officer; Code of Conduct- Conflict of Interest, Gifts & Gratification; Corruption and its Negative Effects; The Difference Between Ethics and Integrity; Declaration and Compliance Process; and Risk Management
This Programme was geared towards raising awareness and promoting a keen understanding of the Commission’s operations, best practices and functions in keeping with its Legislations and Conventions. Specific attention was placed on Managing “Conflict of Interest” and “Gratification” highlighted in the Code of Conduct (section 40 of the IPL Act) and the Prevention of Corruption Act, respectively.
A total of thirteen (13) participants were present at the Programme, including the Permanent Secretary. Participants were furnished with Integrity Commission’s Information Packs.
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LOGO AND MASCOT COMPETITIONS
The Commission launched its Logo and Mascot Competition during the celebration of International Anti-corruption Day in December 2017. The registration period ended in July of 2018 and the winners were selected in August of the same year.
In an effort to sensitise the students and teachers of secondary schools about the work of the Commission’s mandate in the area of anti-corruption, the distribution of prizes to the four winners was done at the respective secondary schools.
The presentation of the Mascot and new Logo took place during the celebration of International Anti-corruption Day on December 7, 2018. The Commission’s new Logo was displayed on a Banner and the Mascot which was made, interacted with everyone present and was “a hit” with the students, especially the little ones.
At present there is a naming of the Mascot competition for students of Primary Schools, the winner of that competition will be announced in July 2019.
INTEGRITY COMMISSION OFFICIAL LOGO
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INTERNATIONAL ANTI-CORRUPTION DAY CELEBRATIONS
International Anti-corruption day was celebrated by the Office of the Integrity Commission on December 7th 2018, for the second time in Grenada’s history, under the two year theme from 2017- “United Against Corruption for Development, Peace and Security”. The official date for the international celebration is December 9, of each year. However, the Commission celebrates same on the closest week day.
A new chapter in the life of the Commission was launched; The Commission’s Logo and Mascot which was the highlight of the Celebration. Over 150 persons attended the event and the range of students included primary school students ages seven (7) and upwards, and representatives from The Brownies Association from Beacon Learning Centre. At the secondary level representatives from the uniformed groups were in attendance: Cadet Corp and Boy Scouts Association. The winners of the Competitions and supporters from their schools also attended. This is a much looked forward to day in the calendar of activities of the Commission.
INVESTIGATIONS
The ‘Integrity Commission’s Questionnaire’ was adopted by the Commission and implemented. To date, the Investigations Questionnaire was sent to, and responses were received from, the following entities:- Department of Customs Housing Authority of Grenada Ministry of Health Ministry of Social Development and Housing Marketing and National Importing Board Grenada Solid Waste Management Authority
Assessments of those responses to the Questionnaire were completed by the Investigations/ Compliance Officers, and reports and recommendations were
9 | P a g e Grenada Country Report June 2018 – May 2019 PAGE | 53k submitted to the Commission. Follow-up actions were initiated by the Commission based on the reports. The practices and procedures of these entities are under review.
Investigations Protocol
An Investigations Protocol was adopted by the Commission, August 2018, and continues to be amended from time to time in a responsive way.
Complaints Form
A Generic Complaints Form, was developed and subsequently adopted by the Commission as a standard Complaints Form. Marketing and National Importing Board (MNIB) Investigations
Investigations into the operations of the Marketing and National Importing Board (MNIB) commenced formally on the 2nd August 2018. The investigations were in response to various media reports concerning certain issues related to the operations of MNIB. This was the first time that the Integrity Commission had undertaken an Investigation of this magnitude.
In keeping with Section 12 (1) (f) (g) of the Integrity in Public Life Act (IPL), No. 24 of 2013, The Commission set up an Investigations Team and an Inquiry Team and engaged with its relevant key stakeholders, to deliver on the legal mandates of the Integrity in Public Life and the Prevention of Corruption Acts.
At present the matter is before the Court, in that the former CEO of the MNIB has challenged the authority of the Commission to conduct the investigation into the MNIB. The hearing has been scheduled for 5th June 2019.
The Integrity Commission Grenada must place on record its appreciation to CCAICACB for the training and development assistance provided by its former
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Chairman Mr. Eugene Otuonye QC of the Turks and Caicos and present Chairman Mr. Dirk Harrison of Jamaica.
FILING OF DECLARATIONS/GAZETTE NOTICE OF NON COMPLIANT DECLARANTS
Two hundred and seven (207) declarants have filed their declarations for the period May 2018 to May 2019 in accordance with its mandate. Among the declarants filed are ALL Junior Customs Officers and seventy-nine Corporals and Sergeants of the Royal Grenada Police Force (RGPF).
The IC has sought to deepen its compliance analysis especially following training that the staff was exposed to by UNODC on Auditing Asset Declarations. Seventeen (17) of the non-compliant declarants have been issued with Final Notices and one (1) non-compliant declarant is scheduled to be Gazetted and published in at least one (1) the weekly newspaper.
A demon “How to Complete your Declaration Form” has been uploaded on the IC’s Website and the IC’s You Tube Channel; this assists persons with the completion of the Declaration Form.
NEW POLICIES AND PROCEDURES
The Commission further developed/commenced items in the following areas:-
Gift Registry and management of Gifts received by Public Officials; Legal Systems Hub; Amendment of Declarations Form; Creation of Activity Summary Sheet for Declarants Personal Files; Creation of Declarations Email; Creation of Declarations Demo;
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Creation of an Investigations Grid Creation of a Compliance Activity Process Grid Procedure for Handling Non-compliance ; Auto response acknowledgement email for extensions; New Format for Asset Registry; and Confidentiality Agreement for persons providing Consultancy Services.
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ADVANCEMENT IN COMBATING FRAUDULENT AND FINANCIAL CRIMES
The Financial Intelligence Unit further developed within the last year:- Operations Manual; Strategic Analysis Standard Operating Procedures: and A Tactical Targeting Analysis Standard Operating Procedures
These procedures provided the requisite benchmark to guide their operations, improve efficiency and the quality of outputs.
A number of successful money Laundering prosecutions, seizures and forfeitures were realized epitomizing the effectiveness of Grenada’s legislative and procedural regime.
Building Synergies
An important strategy employed by the FIU was the strengthening of synergies and capacity building with other law enforcement agencies in the jurisdiction; this assisted in the decentralizing of money laundering investigative techniques and a greater understanding and efficiency during financial crime investigations. In fostering and strengthening our partnership with the integrity commission focus was placed on the relationship between corruption and money laundering.
Legislative Mandate
As part of its legislative mandate, the FIU provided Anti-Money Laundering and Combating the Financing of Terrorism supervision to non-Bank and designated non-Financial Business and Professions (DNFBP). Our approach has been a collaborative in tandem with the Anti-Money Laundering and Combating of Financial Terrorism Commission (AML/CFT), Grenada Authority for the Regulation of financial Institutions (GARFIN) and the Integrity Commission, in an
13 | P a g e Grenada Country Report June 2018 – May 2019 PAGE | 53o attempt to maximize expertise and reduce on the time spent on conducting inspections/investigations.
The recent amendment of the Proceeds of Crime Act instructs reporting entities to register with the Commission for AML/CFT purposes. The data captured will assist to advise on the level of existing risk and will ensure the required resources be allocated to minimize vulnerability gaps.
National Risk Assessment
The FIU leads the country’s National Risk Assessment process, utilizing the World Bank’s tool mechanism in an effort to identify, assess, and understand the money laundering and terrorist financing risks of the country. This provides the necessary action to remedy current and impending threats and vulnerabilities.
A multi-sectorial working group encompassing both private and public sector representatives was created to manage the risk assessment process. The overwhelming response of our stakeholders contributed greatly to the success of the process thus far. In short order the results of the assessment would be analyzed and used to develop a national action plan a to be used as a road map to address Money Laundering and Terrorist Financing threats and vulnerabilities. A similar approach will be taken as part of Grenada’s preparation for its’ Mutual Evaluation process by the CFATF, a standards training workshop will be conducted in an effort to enhance country representatives understanding of the FATF standards on AML/CFT and the implementation of effective measures. Currently work has started on the technical questioner as a precursor to the impending evaluation. Commendation must be given to the Integrity Commission who played a leading facilitation role in this process.
Central government has exhibited political will to fight cyber-criminal activity by providing additional infrastructure and the requisite legislative support to broaden the scope for practitioners and to allow for greater efficiency. The FIU is therefore optimistic that with this momentum greater success will be realized.
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Regional Security Systems Training
The FIU in collaboration with The Regional Security System (RSS)- Asset Recovery Unit (ARU), Barbados held a four day training session from 9th July to 12th July 2018 at the Kirani James Athletic Stadium, St. George. RSS was created out of the need for a collective response to security threats, which were impacting on the stability of the region in the early 1970’s and 1980’s.
There were three facilitators from the Asset Recovery Unit namely Mr. Grenville Williams who serves as Director, ARU of the RSS; Mr. Andrew Searles and Mr. Donald Sheckles RSS’s legal advisors. The topics covered were Asset Recovery, Money Laundering and Crypto Currency.
The following participants attended the training: Members of the Royal Grenada Police Force (FIU, CID), Customs and Excise Department, , Inland Revenue Department, Airport Security, Anti Money Laundering Safety Commission and the Integrity Commission.
CONCLUSION
The Commission and its Stakeholders, especially the FIU remains committed in the advancement of its National Anti-corruption regime. The outcome of the MNIB Investigation will definitely impact the work of the Commission. Both the IC and the FIU pledge to continue its collaborative approach towards the fight against corruption, in Grenada, Carriacou and Petite Martinique.
The evolution of new and emerging technology continues to challenge the FIU and other law enforcement agencies to become much more creative in their approach to investigation.
We take this opportunity to express our sincere thanks to the Executive and Members of the CCAICACB for ALL of its support this past year and we look
15 | P a g e Grenada Country Report June 2018 – May 2019 PAGE | 53q forward to the continued sharing and exchanging of invaluable expertise, information and experiences as we forge ahead in the fight against corruption.
Grenada CCAICACB Report 2018
Office of the Integrity Commission Archibald Avenue PO BOX 90 St. George Grenada West Indies Email:[email protected] Website: www.grenadaintegritycommission.org Telephone: 1 (473) 439 9946
Financial Intelligence Unit Financial Complex The Carenage St. George Email: [email protected] Website: http://www.grenadafiu.com/ Telephone: 1 (473) 435 2373 / 2374
16 | P a g e Grenada Country Report June 2018 – May 2019 APPENDIX 13| COUNTRY PRESENTATION PAGE | 54
Country Presentation: Guyana PAGE | 54a
GUYANA I NTEGRITY COMMISSION COUNTRY REPORT 2018-2019
PAGE | 54b
Title Page
The title of this Country Report is “The Integrity Commission of Guyana: Anti- Corruption Endeavours”
This Country paper was prepared by the Office of the Integrity Commission as a requirement for the Commonwealth Caribbean Association of Integrity Commissions and Anti-Corruption Bodies Conference in the Cayman Islands (3rd -7th June, 2019).
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Table of Contents
Page
Title Page i
Introduction/Background of the Integrity Commission 1
Innovative Work/Initiatives Implemented 4
Results of the Executed Work Plan 5
Challenges and Lessons Learnt 9
Projections 11
Conclusion 13
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INTRODUCTION/BACKGROUND OF THE INTEGRITY COMMISSION
The legislative framework of the Integrity Commission (“the Commission”) by virtue of the Integrity Commission Act, stipulates anti-corruption strategies to promote good conduct of public officers. This Act was promulgated on 24th September, 1997 with the sole purpose of securing the integrity of persons in public life.
Establishment of the Integrity Commission
The Integrity Commission Act outlines the composition of the Commission. Accordingly there is provision for the appointments of:
a Chairman; and two (2) to four (4) Members of the Commission
Qualification and Appointment of Chairman to the Integrity Commission:
The Appointment of a Chairman to the Commission entails the consideration of qualification:
- as a Puisne Judge of the Supreme Court; - or any other suitable person The qualification and appointment for other members to the Commission presupposes presidential consideration. The selection of successful candidates exhibits their disciplinary capacity and experience in: - Law, Public Administration; Social Service; Finance; Accountancy; or any other discipline.
Process of Appointment
The Appointment Process of members to the Integrity Commission necessitates a Consultation Protocol. Appointment of the Members may be deemed complete where the Consultation Protocol ends. The Consultation Protocol includes decision making input by the President and Leader of the Opposition. Members may be elected for service of tenure in a temporary or permanent capacity.
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After the completion of the Consultation Protocol the Publication Process ensues.
The names of those persons selected to be members of the Commission are required to be published in the Official Gazette and in a daily newspaper.
Staffing of the Commission There is provision for a Secretary to the Commission who functions as chief executive officer of the Commission, and oversees and manages the day – to- day work of the officers and staff the Commission’s secretariat.
Other professional staff may be recruited as the work of the Commission necessitates.
Reporting Process for Corruption:
Part IV of the Act stipulates the reporting process for public officers in relation to their submission of declarations.
Stakeholder Agencies for Reporting Acts of Corruption:
The Reporting Process provides for the reporting of varied acts of corruption. The Listed Offices below are stakeholder agencies:
Guyana Police Force Guyana Revenue Authority Chambers of the Director of Public Prosecutions (DPP) Audit Office of Guyana Attorney General Chambers
The Commission’s Vision is: “Improved public confidence in the integrity of holders of public office.”
The Commission’s Mission is: “Securing the integrity of persons in public life.”
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The Commission’s Objective is: “To secure the integrity of persons in public life through their compliance with the provisions of the Integrity Commission Act No. 20 of 1997.”
The Secretariat’s Objective is: “To ensure the proper performance of the functions of the Commission.”
Reconstitution of the Integrity Commission The reconstitution of the Integrity Commission occurred on February 22, 2018 with the swearing in of appointees to the Commission, namely: Mr. Kumar Doraisami as Chairman Pandit Rabindranath Persaud as a Commissioner Mrs. Rosemary Benjamin-Noble as a Commissioner
The reconstituted Integrity Commission has tenure of three (3) years.
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INNOVATIVE WORK/INITIATIVES IMPLEMENTED
Guided by a work plan, the following activities were executed:
Recruitment of the full complement of staff based upon the revised organizational chart. Training of members and employees in crucial areas to assist with implementation of the full operations of the Commission. Creating, obtaining, management and updating of a listing of persons in public life for 2018 per Schedule I of the Integrity Commission Act, thus creating an Inventory. Provision of each identified person in public life for 2018 with the authorized correspondence package for filing declarations with the Commission. This package included appropriate instructions to public officers in accordance with the law. Reception, examination and filing of declaration forms. Making requests, subsequent to examination of declarations, for further information, where applicable. Conducting follow - up with defaulting declarants. Responding to declarants’ and the general public’s queries, complaints and incoming mails. Working with stakeholder agencies in the fight against corruption.
Other logistical and administrative activities continued such as ensuring maintenance of records including proper accounts and submission of annual financial statements to the Auditor General, correspondence, minutes of meetings and decisions. There was also focus on updating procedures relevant to the security and confidentiality of: 1. the Commission’s records; and 2. the Commission's Secretariat (building)
The Commission also embarked on a communications strategy through firstly updating the Commission’s website and commencing public awareness activities utilising print and other media and press conferences. The targets of this public awareness emphasis include: 1. Public offices 2. Persons in public life 3. General public
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RESULTS OF THE EXECUTED WORK PLAN
Appointments, Remuneration and Training In 2018, the Commission proposed and implemented a revised organizational structure. This proposed structure created new positions within the Commission. These positions, now finalized, facilitate the proper performance of the Commission's work and comprise:
One Secretary One Legal / Compliance Officer Two Investigators One Accountant One Administrative Assistant One Office Assistant/Driver One Data Entry Clerk Two Typist Clerk One Cleaner
All positions were filled with the exception of Investigators.
The salary structure at the Commission was reviewed. Payment under new salary scales and of non- taxable allowances became effective from 1st April, 2018. This was carried out to provide a reasonable and liveable remuneration package for persons employed in the foregoing positions, and to properly insulate the staff and ensure confidentiality due to the nature of the Commission’s work.
Training has also played a crucial role for the efficient and effective functioning of the Commission. As a result, two (2) members and the Secretary benefited from a five (5) - day Senior Leadership and Management Training Programme in Grenada in March, 2019. In addition, other employees are currently receiving local training in areas that will assist with their everyday duties.
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Meetings
The Commission hosted over forty (40) informal meetings with persons in public life. Persons in Public Life originated from public offices and over thirty (30) meetings were held at other public offices. This facilitated the discussion of matters related to the work of the Commission. There were fifteen (15) statutory meetings where important decisions were made in aiding the Commission to carry out its mandate. The decisions included agreements and discussions among members as highlighted in this report. Informal meetings, as required to expedite the work of the Commission, were held from time to time. Monthly staff meetings are held among the Secretary and other staff members to ensure continued efficient execution of the work of the Commission.
Budget
A current budget of a relatively modest sum of forty-five million Guyana dollars [(G$45,000,000) – USD 208,000)] was approved to carry out the daily functions of the Commission. The Capital Budget awarded was two million five hundred thousand dollars [($2,500,000) – USD 11,300] to aid in the purchasing of equipment and furniture.
Declarations
Throughout the year the Commission obtained lists of persons in public life. The ascertainment of these lists was guided by Schedule I of the Integrity Commission Act. The method of ascertaining the names and designations of declarants was: requesting letters sent to Public offices; following up with telephone calls, reminder letters sent to defaulting Public offices to submit their list, notices in the media. The Commission created an Inventory from the public offices’ responses. Inventory updates accounted for approximately eighty-five per cent (85%) of names from Public Offices in 2018, and approximately fifty percent (50%) for 2019. The Public Offices’
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responses flow from the Commission’s requests. This information renders the Inventory to be 100% complete. Each public officer identified receives an authorized declaration from the Commission. The authorized form accompanies a covering letter with appropriate instructions. The documents are then delivered by hand or sent through bulk postage. The Commission's Secretariat recorded the following statistics as at 10th May, 2019: 1. Postage of one thousand two hundred and ninety-nine (1299) cover letters with forms to Public Officers. 2. Seven hundred (700) declaration forms received, scanned and retained. 3. In November, 2018, review of declaration forms for the period 2018 commenced. To date, fifty-three (53) declarations forms for 2018 were reviewed, with forty-eight (48) requiring additional documents. The placement of notices in the media. This informed non – compliant Persons in Public life of the extension date for submission of their declarations. The Commission published the names of defaulting Public Officers. There were eight (8) publications. These included publications of names of separate public offices. Publications followed the method as specified by the Integrity Commission's Act: in the Official Gazette in a daily newspaper Persons in public life may request assistance to complete declarations. The Commission's Secretariat acquiesces to such requests. The provision of assistance by the Commission may also be in other matters, as may be requested.
Complaints Part of the Commission’s mandate is to receive and investigate complaints. Two (2) complaints were received by the Commission’s Legal/Compliance Officer. These complaints were reviewed and responded to by the members of the Commission.
Review of Integrity Commission Act 1997 Reviewing of the Commission’s Act and Schedule 1 has commenced, with the intention of making recommendations to the Hon. Prime Minister for its strengthening.
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Website and Networking of Computers
The Commission's website was updated as a means to inform the public, public offices and public officers of the work of the Commission. In addition, the computers at the Commission have a computerized network system.
Security of the Commission’s building and documentation
The Commission has placed a major emphasis in this area. The entire building that houses the Secretariat has a full alarm system, security cameras and a full - time physical guard. In addition, the Commission’s scanned declarations were backed up on a storage device that was stored off site.
Reports and Financial Statements
As a requirement by the Commission’s Act, the 2018 Presidential Report was submitted to the President and the Commission is in receipt of its 2015 Audited Financial Statement.
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CHALLENGES AND LESSONS LEARNT
Challenges
1) There were no official investigations on declarations received. The Secretariat, however, requested additional documents from Declarants, as necessary. 2) There were both non-compliance and late compliance by some public offices. This was the experience gleaned from the submission process. The notices of reminders to public offices, as placed in the media, flowed from the Commission's request letters. Those letters were sent directly to public offices. The Commission’s inventory does not reflect a thorough number of Declarants for 2018 and 2019. 3) There were non-compliance and late compliance from persons in public life. Despite the media notices, declarants did not submit their declaration forms on time. 4) The Commission found that there was a need to clarify the status of declarants from public offices where discrepancies with previous lists submitted, were observed. This included the occupation of the declarant, and whether there was resignation, demise, retirement or dismissal from public office. 5) The filling of information in the Declaration Forms is required to be as at June 30 of each year. The Integrity Commission Act requires this. Yet, it remains the bane of most declarants. The statutory period is the element resulting in the most dissatisfaction for declarants. Declarants have requested that the statutory period be from January to December of each year. Some declaration forms exhibit the statutory period for January to December. This is the statutory prescriptive period. Thus, the Commission categorizes these declaration forms to be incorrectly filled. 6) Declarants fail to provide supporting documentation to their Declaration Form. Thus, their declarations fail to justify the accuracy of the information provided.
7) Preparation and submission of the Commission’s 2016, 2017 and 2018 Financial Statements to the Audit Office of Guyana was still being undertaken due to previous dearth of appropriate staff. 8) Failure to establish a robust Management Information System to store declarations. The current database lacks the capacity for the generation of investigative reports and a manual for its operation. As such the current officer is unable to operate it.
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LESSONS LEARNT
1. The Commission recognizes that it would not be able to fight corruption alone. Every
stakeholder must be involved in this process. As such, the Commission is in the process
of engaging other agencies in addition to those stipulated in its Act.
2. Full staff complement is important to carry out the full mandate of the Commission. (This
should be achieved by June 30, 2019).
3. Training and procedural manuals are two (2) important features in carrying out the daily
functions of the Commission.
4. Reviewing and investigating the accuracy of a declaration is crucial to secure the
integrity of persons in public life.
5. The Commission needs to find solutions to have full compliance of public offices and
public officers in fulfilling the mandate of the Commission.
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PROJECTIONS
1. The Commission's revision of its Persons in Public Life Database Management Information System. This revision is currently in progress. 2. Recruitment of full complement of staff based on the Organization chart. 3. Continued application of public awareness methodologies:
placement of notices visits letters telephone calls to Public offices, persons in public life press conferences/briefings.
4. Making requests for 2019 declarants’ listings to the following agencies in order to update the Commission’s inventory: Parliament Office all the relevant Government Ministries Office of the Regional Democratic Councils Agencies/Departments 5. Provision of each identified person in public life for 2019 with the authorized form for declarations. A cover letter accompanies each Declaration Form. Cover Letters contain appropriate instructions as statutorily stipulated. 6. Receipt, examination, and filing of declaration forms, requests for further information. Follow up with defaulting public officers. 7. Investigating and resolving matters and complaints relating to the Commission and declarants. 8. Publishing the names of defaulting Persons in Public life. The placement of names in the Official Gazette or a daily newspaper serves to notify Public Officers. The publication acts as a deterrent for Public Officers to submit their declarations. The Commission explores every avenue statutorily provided. This includes legal action, where applicable. 9. Maintaining and updating a secure database (Persons in Public Life MIS) of declarations.
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PAGE | 54o
10. Develop, implement, monitor and update an operations manual to serve as a guide in the daily operations of the Commission. 11. Maintenance of proper accounts. The preparation of 2015, 2016 and 2017 Annual Financial Statements and their submission to the Audit Office of Guyana. 12. Continue the day to day Administrative and Financial activities of the Commission. 13. Updating of the Commission’s website. 14. Reviewing of the Commission’s Act. 15. Continuous training of staff.
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PAGE | 54p
CONCLUSION
Overall, the Commission had a successful year. The work plan followed the Commission's legislative mandate. Most of the activities planned were completed. There were few major challenges. The Commission hopes to find solutions to these challenges and thus yield greater success in execution of its mandate going forward.
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APPENDIX 14| COUNTRY PRESENTATION PAGE | 55
Country Presentation: Jamaica "Text not available" APPENDIX 15| COUNTRY PRESENTATION PAGE | 56
Country Presentation: Saint Lucia PAGE | 56a
5T
FIFTH CONFERENCE OF THE COMMONWEALTH CARIBBEAN ASSOCIATION OF INTEGRITY COMMISSIONS AND ANTI- CORRUPTION BODIES (CCAICACB) GRAND CAYMAN, CAYMAN ISLANDS 3rd – 7th JUNE, 2019
OFFICE OF INTEGRITY COMMISSION
SAINT LUCIA
COUNTRY PAPER
PAGE | 56b
BRIEF OVERVIEW OFFICE OF INTEGRITY COMMISSION FOR 2018-2019
INTRODUCTION The Office of the Integrity Commission was established in accordance with Section 118(1) of the Constitution of Saint Lucia (hereinafter referred to as The Constitution) and is regulated by the Integrity in Public Life Act Cap1.19 of the Revised Edition of the Laws of Saint Lucia (hereinafter referred to as The Act).
The present Commissioners took the oath of office on 26th of April 2018. They are: Pastor Sherwin Griffith, Chairman Ms. Leandra Verneuil, Commissioner (Lawyer) Mr. Linwall Nantonjames, Commissioner Mr. Rupert Ellis, Commissioner Mr. Cleophus Regobert, Commissioner (Accountant)
STAFF Jean Morille, Secretary Dianne St. Croix, Research Assistant
In an era where corruption has undermined and destroyed democracies, eroded governments’ ability to provide safe havens for their people, security, peace and in most cases basic necessities for their people’s survival, we continue to stand strong because embedded in our Constitution is this cardinal which has helped to fight this scourge...Corruption.
We must, however, ensure that the links of our anti-corruptive practices are strengthened and become that unbreakable chain for our island nation for the next forty years and beyond.
Saint Lucia Country Paper 2019 Page 1 of 11
PAGE | 56c
This cardinal I speak of is the Office of the Integrity Commission which was established by the Constitution of Saint Lucia Chapter 1.01 of the Revised Edition of the Laws of Saint Lucia and regulated by the Integrity in Public Life Act Chapter 1.19 of the Revised Edition of The Laws of Saint Lucia.
The activities of the Office commenced in 1998. These activities have been instrumental in making the public aware of the scourge of corruption and the negative effects such corruptive practices have on an island nation such as ours. Our people speak openly and question the integrity of persons in public life and seek accountability of persons in public life. Therefore, the Office of the Integrity Commission must assure our people that it can assist in allaying their concerns and be effective in doing so.
THE WORK AND RECOMMENDATIONS OF PAST COMMISSIONS
[A REVIEW OF 2002-2014 REPORTS] The First Commission was appointed on February 26, 1998 and today the Integrity in Public Life Act Chapter 1.19 of The Revised Edition of the Laws of Saint Lucia is the legislation which gives life and breath to the Office of the Commission.
ACTIVITIES The Commissioners throughout the years have embarked on a series of activities primarily PUBLIC AWARENESS CAMPAIGNS. This awareness achieved by means of articles in local newspapers, comprehensive discussion programmes hosted by GIS (Government owned tv station) and the local media. Out of this campaign a Handbook 2005 was printed and distributed to the general public via Government institutions and libraries and later on memorandum entitled “Unsatisfactory Completion of Declaration Forms” to assist persons in public life to properly fill out their declaration forms prior to filing.
Saint Lucia Country Paper 2019 Page 2 of 11
PAGE | 56d
In 2010 conversations were held with an official of the World Bank, Washington regarding the Integrity Commission’s Rules on Financial Disclosure and Business Activities for Members of Parliament in Saint Lucia.
Under the Chairmanship of Pastor Sherwin Griffith in 2010, there was yet another public awareness campaign including an interview with a popular television personality Cecil Actille of DBS Television. In February 2010, there was discussion with respect to a suitable website for the Commission and Cyber Scripts International was contacted. The Prime Minister was written to by Commissioners with respect to the Website. The proposal and costing for the development of the website were forwarded to the PM’s office for urgent attention. That was the first attempt at obtaining a website by the Commission without success.
In 2011, the Commissioners held several weekly meetings with Attorney General, Solicitor General, Deputy Director of Legal Drafting and Commissioner of Police for proposed changes to the Act.
A workshop conference on Good Governance in collaboration with the Commonwealth Secretariat was held in Saint Lucia at the Coco Palm Resorts. This was attended by members of Integrity Commission, Ministers of Government, Permanent Secretaries, Principals of Schools, Police Officers and Senior Officer of Customs and the Inland Revenue.
In 2013/2014 further meetings were held with stakeholders the main objective was improving relations, advising on the work of the Commission and seeking assistance and support for work of the Commission. Discussions were held with the State’s Deputy Director of Legislative Drafting and the Attorney General.
CONCERNS Since 2002 to date according to the reports of various commissions the concerns of the Commission have been the same. Year after year reports state the very same concerns:-
Saint Lucia Country Paper 2019 Page 3 of 11
PAGE | 56e
. The Commission is described as having “no teeth” is a toothless tiger and other similar nomenclature. . The lackadaisical manner in which persons in public life take their statutory obligation . Failure in timely filing of declarations . Blatant refusal of declarants (especially Spouses) to provide supporting financial statements or additional documents . Budgetary restraints . Insufficient staff to properly investigate the declarations filed . No website to disseminate information . Failure of Government to amend legislation to provide for a proper secretariat and more investigative and prosecuting powers . Failure of the DPP to prosecute . Failure of the Police to investigate . Lack of respect for the office of the Integrity Commission by public officers including members of Parliament.
INTEGRITY COMMISSION 2018/2021 Being cognizant of the work of previous Commissions, the mission statement of this present Commission is to ensure that the legislation is amended, a proper secretariat or office be put in place and that a website be readily available to disseminate information to achieve the Integrity Commission’s mandate.
REASONS FOR AMENDMENT OF LEGISLATION STAFF OF THE COMMISSION/OFFICE OF THE COMMISSION The office of the Commission needs to be staffed by a proper secretariat, the current staffing is wholly inadequate and consists of an administrative assistant and an intake officer. It is proposed that the staff who is appointed by the Public Service Commission be so appointed on the advice of the Commissioners but become permanent upon appointment.
Saint Lucia Country Paper 2019 Page 4 of 11
PAGE | 56f
To perform the duty and the tasks to efficiently execute the work of the Commission, the Commission should have the following persons: - - Executive Director - Legal Advisor (assigned from the Attorney General’s Office during the time of declaration) - Investigative Officer (preferably one who is highly skilled and experienced to conduct investigations relating to financial crimes) - Administrative Secretary - Senior Accounts Clerk - Any other personnel reasonably necessary to carry out the work of the Commission such as office assistant/cleaner.
The Regulations by the Minister of Justice (Section 48 of The Act) will define the duties of the office of the secretariat and its personnel.
The office must be set up and given a permanent location to ensure, confidentiality of all its documents and ensure that the office maintains a high degree of virtual excellence. The current location is not ideal.
MEMBERS OF THE COMMISSION The Chairperson plays a very important and significant role in such an esteemed office and therefore may be a retired judge or lawyer of more than 15 years standing or a citizen of good standing in the community. Other members may include a chartered accountant, other persons in the society who are citizens of good standing including a faith based minister.
DEFINITION OF PERSONS IN PUBLIC LIFE The present legislation at Schedule 1 needs to be amended to include the Chairperson/Deputy of Constituency Councils and Principals and Deputy of Secondary Schools, Director and Deputy Director of Information Services.
Saint Lucia Country Paper 2019 Page 5 of 11
PAGE | 56g
GIFTS . It is proposed that as it relates to Gifts section 28 be amended and the limit of $500.00 be removed. . It is proposed that Section 28 read as follows: - - All Gifts received by persons in public life must be declared.
OTHER ANTI-CORRUPTION AGENCIES Further amendment to the legislation should give the Commission powers to make available to it: - . To form bonds with other anti-corruption agencies as indicated below, . Receive and share information if needed by the Commission for investigative purposes for clarification and verification from the Financial Intelligence Authority, Financial Regulatory Authority, Comptroller of Customs and Inland Revenue or other Anti-Money Laundering Agency including the Border Control Agency. . The information must be relevant to the investigation of a person in public life, his spouse or child. . Investigation prior to prosecution be done by an agency other than Police . Prosecution be carried out by an agency other than DPP
GENERAL BUDGET FOR THE COMMISSION The Commission at present has no security of tenure. It is proposed that the Budget should be prepared by the Executive Director with the Senior Accounts Clerk and approved by the Commissioners then sent to the Minister for Justice for inclusion in the Ministry’s annual estimates. Currently this is not the procedure followed.
It would be preferable that budget so prepared be approved upon presentation to the PM and the Director of Audit be responsible for auditing the accounts of the Office.
Saint Lucia Country Paper 2019 Page 6 of 11
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WEBSITE It would be helpful for the Commission to have a website to disseminate information to the public and to allow public officers access to declaration forms. It may also be used for filings complaints.
AN ENTITY WITH NO ‘TEETH’ ‘TOOTHLESS TIGER’ From 2002 to date, all reports of the various Commissions thus far appear to suggest that the Commission had no powers to deal with persons who refused to or failed to file declarations. This continues to be the concern of this present Commission. It was observed: - . That the publishing of offenders in the Gazette was of no consequence. . That referral to the Director of Public Prosecutions for further action lead to no action not even a report or least communication from the DPP of what was done or not done in these circumstances. . That there has been no prosecution of defaulters for the past 16 years . Failure for further investigation of public officers by the Police Department . Public Servants who are permanently employed and required to file declarations, over the years have failed to or refused to file and such corruptive practices continue without penalties. Such officers retire and enjoy their pension and gratuity.
The graphical representation herein below will show the percentage of filing by the various heads of public officers to show comparison with members of parliament and permanent secretaries/deputy permanent secretaries. It appears that following a general election there is a decrease in filing of declarations by persons in public life.
The graphical representation also shows that no one has been prosecuted, investigated or fined for not having filed or not furnishing particulars in declarations.
Saint Lucia Country Paper 2019 Page 7 of 11
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PERSONS WHO HAVE FILED
YEARS: 2004 - 2015
PARLIAMENTARIANS HOUSE OF ASSEMBLY/SENATE 60 50
40 30 20 10
0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
NO. REQUIRED TO FILE NO. FILED NO. FILED BUT NOT IN ACCORDANCE WITH SECTION 20(1) OF THE ACT
PERMANENT SECRETARIES 20 18
16 14 12 10
8 6 4 2
0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 NO. REQUIRED TO FILE NO. FILED REQUIREMENTS NOT SATISFIED
Saint Lucia Country Paper 2019 Page 8 of 11
PAGE | 56j
DEPUTY PERMANENT SECRETARIES 25
20
15
10
5
0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
NO. REQUIRED TO FILE NO. FILED REQUIREMENTS NOT SATISFIED
Saint Lucia Country Paper 2019 Page 9 of 11
PAGE | 56k
WORK OF COMMISSION TO DATE Since the first official meeting of the Commission on May 2, 2018: . The Commission had meetings with Cabinet Secretary with respect to budget and funding for the work of the Commission . Ms. Vidal-Jules (Legislative Drafting) so that amendments to the current legislation can be recommended, these amendments are in keeping with the constitution. . The Chair and Accountant have travelled to Turks and Caicos to the 4th Annual Conference of Caribbean Integrity Commissions and Anti-Corruption Bodies. . Revised the Letters and Declaration forms to include a signed authorization letter by Declarant to Financial institution to further investigate or verify accounts if such investigation or verification is absolutely necessary. . Revised the Handbook . Commissioned the design of a Website for the filing of declarations on line; thus making it easier for persons to comply with their obligations in public life. . Reading the draft discussion of the Jakarta Principles for Anti-Corruption Agencies, to recommend changes to the legislation, in keeping with our mandate for the prevention, investigation and prosecution of corruption in public office. . A public education drive, with respect to Integrity and Anti-corruption for the awareness and to sensitize the public especially young persons under 16 and hence targeting the schools. . A proposal for a Website and Database . Proposal of an anti-corruption jingle . Senior Management Training in Grenada – Secretary, Office of the Commission (March 25 – 28, 2019) . Caribbean Financial Action Task Force (CFATF) Standards Training - Coordinated by: The National Anti-Money Laundering Oversight Committee (NAMLOC) April 8 – 10, 2019 . Had a meeting with the Minister of Justice with a view of ensuring the amendment to the legislation and the drafting of regulations to ensure proper procedures for investigating and prosecuting offenders of The Act.
Saint Lucia Country Paper 2019 Page 10 of 11
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ACHIEVEMENTS BY 2020 . A functioning website to disseminate information . Amendment of the legislation to be able to administer its own budget, secretariat and means of investigation and prosecution.
Saint Lucia Country Paper 2019 Page 11 of 11
APPENDIX 17| COUNTRY PRESENTATION PAGE | 57
Country Presentation: Turks & Caicos Islands PAGE | 57a
Commonwealth Caribbean Association of Integrity Commission and Anti-Corruption Bodies (CCAICACB) 5th Annual Conference – Cayman Islands – June 2019
Turks and Caicos Islands (TCI) Integrity Commission Report for May 2018 to May 2019 ______
In 2018/2019, the Integrity Commission of the TCI, despite its persisting resource challenges, continued to discharge, as best as it could, its mandates under the TCI Constitution and the Integrity Commission Ordinance.
Among these, were its very important anti-corruption compliance and investigation mandates, as well as its mandate to educate the country’s residents about the Commission’s vision, functions and objectives, and to assist those who offer themselves for public service to adhere to the principles of integrity and good governance in public office and, in so doing, to facilitate the sustained economic growth and development of the TCI. 1 | P a g e
PAGE | 57b Board of Commissioners and the Executive The Commission, during the year, welcomed new Commissioners, inclusive of a new Chairman, and a new Director, as it bade farewell to its long-serving Chairman, Sir David Simmons, in October 2018, and its former Director, Mr. Eugene Otuonye, QC, in July 2018. Sir David had served the Commission from the very outset of its establishment in 2010 and, former Director Eugene, from 2011.
The Commission’s new Chairman, the Hon. Mr. Justice Seymour Panton, who is the recently retired President of the Court of Appeal of Jamaica, assumed office in December 2018. Additionally, Commissioner Dr. the Revd. Samuel Goldstone Williams was appointed to the Board of Commissioners in November 2018.
Another of the Commission’s Commissioners, the Revd. Pedro Williams, who had served for three years, demitted office in March of this year. His successor, Mrs. Tremmaine Swann-Harvey, Esq, assumed office, effective May 20, 2019.
Greg Christie, who formerly served as Jamaica’s 4th Contractor General, was appointed as the Commission’s new Director, effective July 2018.
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PAGE | 57c The appointment of a new Chairman, following the end of Sir David Simmons’ substantive tenure, in early 2018, took longer than was anticipated. In consequence, there were matters that could not be embarked upon by the Commissioners until a substantive Chairman was appointed.
With the full 6-person complement of the Board of Commissioners now in place, the Commission is positioned to continue its normal and routine operations without difficulty.
Compliance The Commission’s one-person-staffed Compliance Department, under the able stewardship of Crystal Baksh, now Crystal Almonte, continued, throughout the year, to administer the discharge of its critical and formidable mandates. In November 2018, Crystal was elevated from her substantive position of Compliance Officer, to the position of Senior Compliance Officer (SCO). The vacant SCO position was publicly advertised, and several applicants were screened, shortlisted and interviewed.
As usual, and thanks to the positive attitude of Declarants in public life in the TCI, the Commission’s Compliance Unit enjoyed a relatively very good year with approximately 95% compliance amongst the country’s 180+ Declarants, who
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PAGE | 57d were required to submit declarations during the period in question.
The names of less than 10 non-complaint Declarants, each for 2017, and 2018, were referred, in compliance with the dictates of the law, on account of their failure to file their declarations on time.
There is still the lingering issue of the Unit not being notified of new employees in Government positions, who fall into the category of Declarants, or of those who have left the TCI Public Service and are required to file exit declarations.
With continued outreach, public notices, and meetings with Ministries and Heads of Departments, the Compliance Unit has been addressing the problem. Its objective is to ensure that all Declarants are properly notified of their responsibilities to the Commission, and to people of the TCI, and are fully compliant with the requirements of the law.
As always, all 21 Members of the TCI House of Assembly have been compliant in filing their two-year Declarations of Assets, Liabilities and Income, as well as their annual Statements of Registerable Interests and Gifts, on time.
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PAGE | 57e The Commission has recently hired a new Compliance Officer (CO) to fill the vacancy that was created when Ms. Almonte was promoted to the SCO position. The new CO will restore the Unit’s approved staff complement to two (2) persons.
This, however, will not alleviate the pre-existing backlog of declarations that is required, by law, to be subjected to interrogation, nor the new filings that have to be similarly processed. Additional human resources are desperately required, if the Commission is to effectively discharge this very important element of its mandates.
Additional resources are also required to upload the seven (7) years of historical asset declaration data, that remain on the Commission’s records, into our computerized system and, in so doing, to reduce the turn-around time that it takes for declaration clearance certificates to be issued.
Additionally, two of the Commission’s key corruption- prevention mandates, which fall to the Compliance Unit – (a) the mandate to examine the practices and procedures of public bodies in order to facilitate the discovery of corrupt practices; and (b) the mandate to instruct, advise and assist the management of public bodies of any change in practices or procedures which may be necessary to reduce the occurrence of corrupt acts – are, also, regrettably, not being 5 | P a g e
PAGE | 57f effectively discharged, due to a deficit of human resources. This also requires urgent address.
Investigations and Enforcement The Commission’s Investigation and Enforcement Unit was significantly bolstered with additional resources during the year. It moved from a two-person Unit, as at May 2018, to a current team Unit of four. The Unit is now composed of a Senior Investigative Officer (SIO), Mr. Richard Mills, an Investigative Officer, a Financial Investigative Officer, and an Intelligence Officer. A fifth officer – a Technical IT/Investigative Officer – is expected to be recruited shortly, and will expand the Unit to a five-person team.
The Commission’s Investigation and Enforcement Unit was very busy during the year, as there were several matters under investigation.
The Unit received sixteen (16) new reports during the year. These, along with an ongoing forty-five (45) or so, that were carried over from the previous year, demanded the full attention of the Unit.
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PAGE | 57g At any given point in time, the Unit will be actively working on twenty (20) to twenty-five (25) matters simultaneously. Despite the increase in its manpower complement, the demands and complexity of the Commission’s investigations are significant, and the fact is that the Unit is still understaffed and remains challenged to discharge its mandates, effectively, efficiently and with expedition.
It is worthy of note that the Unit continues to collaborate with local and overseas law enforcement agencies on a few matters. It has also secured funding to undertake a number of very serious matters, which could pose far-reaching adverse implications, for the TCI, if they are not urgently addressed. The matters were awaiting thorough investigation, but same was beyond the resource and technical capacities of the Unit.
The confidence that is reposed in the Commission, by those who report matters to it, has to be reinforced by its actions in effectively and efficiently dealing with same.
Our teams understand that this is the core of our functioning, if the Commission to be taken seriously. We do, however, explain to persons who have reported issues to the Commission, that budgetary constraints may result in us having to take more time than would be reasonably 7 | P a g e
PAGE | 57h expected, if we are to effectively address the matters that are at hand.
Some of our stakeholders do seem to understand this. However, when matters drag on for extended periods, it will inevitably lead to persons who will then doubt the Commission’s ability to do what it says it will do.
Expectations must be managed when the lack of resources inhibit an anti-corruption commission from discharging its functions efficiently and effectively, failing which its reputation, in the public’s eyes, and in the eyes of other stakeholders, will be negatively impacted.
The Commission currently has two matters before the courts. There is also at least one matter that is pending with the Office of the Director of Public Prosecutions.
One of the difficulties that we experience, being a part of a relatively small island community, in which residents are drawn from several nationalities, is that witnesses, while some may be forthcoming with information, the overwhelming majority are, nevertheless, extremely reluctant to appear in Court.
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PAGE | 57i Our teams, having observed the outcomes of Commission matters, that have passed through the Courts over the past four years, are exploring alternative avenues for dealing with these challenges. We are, therefore, presently engaged in the process of implementing new strategies to tackle the issues that we have identified.
Public Education Mrs. McCartney Pierre, the Commission’s sole Public Education Officer, has continued the Commission’s outreach during the year to our very critical stakeholders – the wider community, but specifically our schools, public bodies, public officers, as well as the private sector.
The Commission’s annual High School Debate and Community College Speak Off Competitions were held in March of this year. This was in addition to the other usual outreach engagements that are routinely undertaken at schools, and at several public bodies.
Some of our planned visits, and scheduled programmes for radio and television broadcasts, were put on hold but should be re-instituted during the new Financial Year.
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PAGE | 57j As we had advised last year, the costs that are associated with executing these activities, across the islands, in what is essentially an archipelagic state, require significant funding that did not materialize in the past financial year.
The Unit has been preparing for the initiation of its 2nd Public Perception Corruption Survey, and its most recent engagements with the Police Department, Customs, and the Health Department, have been quite productive. All participants will complete the questionnaire on their perceptions of the levels of corruption in the TCI. The first survey began in 2014, and encompasses over 300 inputs. However, the data is to yet to be analyzed, collated and published.
The Unit’s introduction of Integrity Clubs, throughout TCI High Schools, is still being worked upon, as funding issues appear to make it difficult for personnel from the schools to commit to the undertaking.
Among the Unit’s plans, is the objective of partnering with business persons, artists and professionals, who are drawn from the local communities, and to take them into the schools with us, during our engagements. This way, the students will have the opportunity to hear of their experiences, and how important adherence to principles of
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PAGE | 57k integrity has been throughout the development and growth of their careers.
Information Technology The Commission’s IT Specialist and Security Manager, Mr. Jovan Flemming, has consistently kept the Commission on the cutting edge of information and communications technologies with continuous upgrades to the Commission’s IT systems and licences. We are grateful to have someone of his calibre and expertise as a part of our team.
Looking Forward The Commission’s new Director, very early in his tenure, and after consultation with internal and external stakeholders, developed and submitted a 2-year organization restructuring and operational strategic plan. The plan was unanimously approved by the Commission’s Commissioners, for implementation.
In essence, a gap-analysis, between the mandates of the Commission, on the one hand, and the adequacy of its organizational structure and resources to efficiently and effectively discharge those mandates, on the other, was undertaken.
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PAGE | 57l A budget proposal, which reflected the resources that would be required to bridge the gap and effectively implement the plan, was submitted to the TCI Government. However, having regard to the Government’s own budgetary constraints, only some of the Commission’s requisitions were given favourable consideration for the current 2019/2020 Financial Year.
One of the allocations that was granted, was funding to enable the Commission to expand its office in Providenciales. Funding to facilitate the initial scoping of the requirements for the Commission’s implementation of the 2017 TCI Bribery Ordinance, that is patterned off the UK’s 2010 Bribery Act and the 2016 Bermuda Bribery Act, was also approved.
The Commission was also allocated funds to recruit a much needed Finance, Accounting and HR Manager, as well as an Administrative Assistant. Both will be based at the Commission’s expanded office in Providenciales.
As is clearly indicated in its Strategic Plan, the Commission requires additional staff, across its organization, to enhance its capacity to more effectively and efficiently discharge its several anti-corruption and good-governance mandates. Indeed, some of these mandates are not being currently discharged at all.
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PAGE | 57m However, the Commission recognizes the financial constraints that exist within the TCI Government, itself, and the competing demands that it faces for its limited funds.
The Commission will, therefore, in the current financial year, continue to do its best to maximize the return from its budgetary allocations in delivering upon the discharge of its several constitutional law and statutory mandates.
That said, the Commission will also, in the coming financial year, appeal again to the TCI Government and House of Assembly, for the additional resources that it needs to ensure that it operates at the level of effectiveness and efficiency that the architects of the TCI Constitution and Integrity Commission Ordinance had intended for it to operate.
Integrity Commission of the Turks and Caicos Islands May 2019; V.2
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APPENDIX 18| JAKARTA PRINCIPLES ANALYSIS PAGE | 58 TRINIDAD & TOBAGO
Trinidad & Tobago - Jakarta Principles Analysis PAGE | 58a
Paper by Mr. Justice Melville Baird on the Applicability of the Jakarta Principles to Trinidad and Tobago
Article 6 (1) of the United Nations Convention Against Corruption (UNCAC) requires each State Party acting in accordance with the fundamental principles of its legal system to ensure the existence of a body or bodies that would prevent corruption by e.g. implementing the policies referred to in Article 5 and increasing and disseminating knowledge about the prevention of corruption. Article 6 (2) provides for each State Party to grant the body or bodies referred to in 6 (1) the necessary independence in accordance with the fundamental principles of its legal system, to enable the body or bodies to carry out its or their functions effectively and free from undue influence. Additionally, the necessary material resources, staff and training for such staff should also be provided. Further, Article 36 requires each State Party, acting in accordance with the fundamental principles of its legal system, to ensure the existence of a body or bodies of persons specialized in combatting corruption through law enforcement.
In November 2012, The United Nations Development Programme (UNDP) and United Nation Office on Drugs and Crime (UNODC) collaborated with the Corruption Eradication Commission (KPK) of Indonesia and hosted a meeting in Jakarta of current and former heads of anti-corruption agencies (ACAs), anti-corruption practitioners and experts to develop a set of standards that would guide the establishment and operations of anti-corruption bodies. At the conclusion of the 2012 meeting participants endorsed the The Jarkata Statement on Principles for Anti-Corruption Agencies; this set out the 16 Jakarta Principles which provided more detailed guidance on the UNCAC concept of “necessary independence”. At the seventh Conference of State Parties (COSP) in 2017 UNCAC Resolution 7/6 mandated the United Nations Office on Drugs and Crime (UNODC) to develop, amongst other things, guidance notes and technical tools on the implementation of Article 6 of the Convention. In May 2018, the Mauritius Communiqué, agreed to, at the “Regional Conference on Effectiveness of Anti-Corruption Agencies and Financial Intelligence Units in Fighting Corruption and Money Laundering in Africa” called for the development of indicators to assess and measure effectiveness that would guide ACAs and Financial Intelligence Units.
In response to these requests, UNODC and UNDP convened an Expert Group Meeting (EGM) in July 2018 in Colombo and brought together some thirty international experts from around the world to develop a “Commentary on the Jakarta Statement on Principles for Anti-Corruption Agencies”. The Commentary was drafted to provide,
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PAGE | 58b inter alia, guidance on the sixteen principles enshrined in the Jakarta Statement and is intended to assist State Parties to better implement Articles 6 and 36 of UNCAC. Each of the sixteen principles is vitally important for the effectiveness of the ACAs.
Trinidad and Tobago signed UNCAC on 11th December, 2003 and ratified it on 31st May, 2006.
The thrust of this paper today is to demonstrate the manner in which Trinidad and Tobago, primarily through its Integrity Commission, is performing in the glare of the Jarkata Principles. The answers to the questions under “Self–assessment” appear under the heading “Comment” and are not necessarily in the order in which the questions were posited. Time is the enemy this morning and its hostility would preclude treatment of the other ACAs in Trinidad and Tobago.
Principle 1 – Mandate
“ACAs shall have clear mandates to tackle corruption through prevention, education, awareness raising, investigation and prosecution, either through one agency or multiple co-ordinated agencies”.
Comment
UNCAC Article 6 requires each State Party to establish a body to prevent corruption by such means as:
(a) implementing the policies referred to in Article 5; and
(b) increasing and disseminating knowledge about the prevention of corruption.
In Trinidad and Tobago there are bodies established to prevent corruption; these bodies specialise in combatting corruption through law enforcement (Article 36).
In Trinidad and Tobago the requirements of UNCAC are holistically met through a multiple agency approach. And although the single agency approach is seemingly the most well-known version of an ACA, our Constitution would have to be radically and extensively altered for us to achieve that result.
The bodies that are mandated to target corruption are all given their mandates by law.
These bodies are the:
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PAGE | 58c
i. Integrity Commission mandated by the Integrity in Public Life Act (“the Act”) and the Prevention of Corruption Act.
ii. Office of Procurement Regulation mandated by the Public Procurement and Disposal of Public Property Act.
iii. Police Complaints Authority mandated by the Police Complaint Authority Act.
iv. Financial Intelligence Unit of Trinidad and Tobago mandated by the Financial Intelligence Unit of Trinidad and Tobago Act.
v. Director of Public Prosecutions (DPP) mandated by the Proceeds of Crime Act.
vi. Civil Asset Recovery and Management Agency mandated by the Civil Asset Recovery and Management and Unexplained Wealth Act, 2019
These bodies are all endowed with the “necessary independence” to discharge their mandates.
Principle 2 - Collaboration
“ACAs shall not operate in isolation. They shall foster good working relations with State Agencies, civil society, the private sector and other stakeholders, including international cooperation”.
Comment
At the present time there is no provision in the Act that would allow collaboration with other state agencies to tackle corruption. The Commission has suggested amendments to the Act that constitute a general overhaul of the Act. In the amendments we have included a provision for information sharing with other ACAs. The Acts of Parliament creating the ACAs with which information is to be shared however must be amended by Parliament to enable the receipt of information from the Integrity Commission.
There is no provision in the Act requiring the Integrity Commission to collaborate with civil society, the private sector or international bodies, to tackle corruption. But this the Commission is advocating of its own motion.
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PAGE | 58d
Principle 3 - Permanence
“ACAs shall, in accordance with the basic legal principles of their countries, be established by proper and stable legal framework, such as the Constitution or a special law to ensure continuity of the ACA”.
Comment
Several ACAs, the Integrity Commission included, have been established by the Constitution; others are creatures of other statutes.
Principle 4 – Appointment
“ACA heads shall be appointed through a process that ensures his or her apolitical stance, impartiality, neutrality, integrity and competence”.
Articles 6 and 36 both call for the necessary independence of ACAs, and this independence must be seen to begin from the top.
The Act requires that the Chairman, Deputy Chairman and the three other Members of the Commission be persons of integrity and high standing. The Act also provides that the Chairman and other Members of the Commission shall be appointed by the President, after consultation with the Prime Minister and Leader of the Opposition. They are not publicly vetted. The law does not speak of minimum education or experience qualifications for the Chairman of the Integrity Commission; neither does it speak specifically of the Chairman being apolitical. By convention however the Chairman is usually a retired professional, e.g. a judge or manager and not an active member of any political party.
We have suggested that a provision be included in the Act that would require the Chairman and Members of the Commission to be totally apolitical, that is to say, that they should not be or recently have been, a member of a political party, nor should they have been donors or patrons of any political party.
Principle 5 – Continuity
“In the event of suspension, dismissal, retirement or end of tenure, all powers of the ACA head shall be delegated by law to an appropriate official in the ACA within a reasonable period of time until appointment of the new ACA head”.
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Comment
In the event of any of the aforementioned contingencies, the Deputy Chairman will automatically begin to exercise all powers of the absent Chairman until the appointment of a new Chairman; this would include presiding over the statutory meetings. Section 4 (6) of the Act provides that three Members of the Commission, of whom one shall be the Chairman or Deputy Chairman, shall constitute a quorum. There is no provision for a time limit for the post of Chairman to be left vacant.
Principle 6 – Removal
“ACA heads shall have security of tenure and shall be removed only through a legally established procedure equivalent to the procedure for the removal of a key independent authority specially protected by law (such as the Chief Justice)”.
Comment
Section 8 (2) of the Act provides for the President to terminate the appointment of a member of the Commission if one or more of certain specific conditions have been satisfied, viz where that member is found to be of unsound mind; becomes bankrupt or compounds with creditors; is convicted of any offence which brings his office into disrepute; is guilty of misconduct in relation to his duties; misbehaves in office; fails to carry out any of his statutory duties or functions or is incapable, for whatever reason, of performing his duties and functions under the Act.
The minimum fixed term of appointment for the Chairman under the Act is three years, and the process for his removal from office is not similar to that for the removal of the Chief Justice. The rules of natural justice however, would require that the Chairman be permitted to defend himself on an allegation for his removal. It would be a public hearing.
Principle 7 – Ethical Conduct
“ACAs shall adopt codes of conduct requiring the highest standards of ethical conduct from their staff and a strong compliance regime”.
Comment
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PAGE | 58f
When developing a Code of Conduct it is important to integrate some form of compliance regime, whether tied into an existing public service disciplinary system or a separate ACA specific internal disciplinary system.
I am of opinion however that the Code of Conduct, though requiring a strong compliance regime, must not be criminalized. The Expert Group Meeting (EGM) convened by UNODC and UNDP in Colombo in 2018 spoke approvingly of the Bhutan Ethical Code of Conduct. The Bhutan Code provided penalties for breaches of the Code, where the breach was considered: i) minor; ii) minor but committed for the second time; iii) repeated breaches irrespective of their nature.
In the three instances, disciplinary action is prescribed. The only reference made to criminal law was where it was stated that if any breach of the Code was punishable by a heavier penalty under another law, then that law should apply.
Part IV of the Act, sections 23 to 31 deal with Code of Conduct in respect of persons in public life and persons exercising public function. The Office of Procurement Regulation is in the process of drafting a Code of Conduct that would include and be applicable to, the staff of the Commission. The members of the Commission are not covered by a Code of Conduct. stricto sensu, but section 8 (2) of the Act provides for sanctions where a member of the Commission is found liable for unethical conduct.
I reiterate my stand against the notion that the Code of Conduct must be criminalized.
Principle 8 – Immunity
“ACA heads and employees shall have immunity from civil and criminal proceedings for acts committed within the performance of their mandate. ACA heads and employees shall be protected from malicious civil and criminal proceedings”.
Comment
Section 39 of the Act exempts the members of the Commission from personal liability in the discharge of the functions of the Commission under the Act unless it is shown that they acted recklessly or in bad faith. This cloak of immunity is also being sought for persons legitimately performing any function under the Act provided it is not done recklessly or in bad faith. The Act does not provide specific protection to members of the Commission and employees of the Commission from malicious civil and criminal proceedings; protection however is in-built in the civil and criminal law of Trinidad and Tobago.
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Principle 9 – Remuneration
“ACA employees shall be remunerated at a level that would allow for the employment of sufficient number of qualified staff”.
Comment
Section 9 (1) and (4) of the Act respectively provide for the salaries and allowances of the Chairman and other Members of the Commission to be determined by the Salaries Review Commission and that their salaries and allowances should be a direct charge on the Consolidated Fund.
Section 9 (3) of the Act provides for the staff of the Commission to be public officers appointed in accordance with section 121 of the Constitution (this section of the Constitution deals with the appointment of Public Officers).
Apart from the staff of the Commission being public officers, the staff could also include contract officers. And the salaries of both the public and the contract officers are determined by the Chief Personnel Officer.
Section 9 (5) of the Act authorises the Commission to appoint and employ, on such terms and conditions as it thinks fit, any other officers and employees as it thinks necessary for the proper carrying out of its functions under the Act. They are regarded as employees for service and should be distinguished from employees on a contract of employment. The salaries of the latter is determined by the Chief Personnel Officer.
Principle 10 – Authority over Human Resources
“ACAs shall have the power to recruit and dismiss their own staff according to internal, clear and transparent procedures”.
Comment
The provisions under section 9 (3) (4) and (5) of the Act referred to under Principle 9 are reiterated here.
The termination of service of public officers comes under the purview of the Public Service Commission governed by the Public Service Regulations.
The termination of officers on contract is the responsibility of the Chief Personnel Officer and is governed by the terms and conditions of their contracts.
The termination of employees for service is addressed by the organisation that employs them applying the terms and conditions of their contract for service.
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Principle 11 - Adequate and Reliable Resources
“ACAs shall have sufficient financial resources to carry out their tasks, taking into account the country’s budgetary resources, population, size and land area. ACAs shall be entitled to timely, planned, reliable and adequate resources for the gradual capacity development and improvement of the ACAs operation and fulfilment of their mandate”.
Comment
Principles 9, 10 and 12 are relevant.
The Integrity Commission receives its funding predictably when the budget cycle is completed but there is no guaranteed minimum budget. Head 37 is the budget line for the Integrity Commission and the current budget needs augmenting to ensure that the Commission can effectively discharge its mandate. Over the past three years the budget of the Commission has been stable.
Principle 12 – Financial Autonomy
“ACAs shall receive a budgetary allocation over which ACAs have full management and control without prejudice to the appropriate accounting standards and auditing requirements”.
Comment
Viewed from the stand point of the financial infrastructure the Integrity Commission does not enjoy financial autonomy. Principles 9, 10 and 11 are relevant.
Principle 13 – Internal Accountability
Principle 7 (Ethical Conduct) is relevant.
“ACAs shall develop and establish clear rules and standard operating procedures including monitoring and disciplinary mechanisms to minimize any misconduct and abuse of power by ACAs”.
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Comment
The Act does not require the members of the Commission or staff to complete asset declarations and conflict of interest forms. However, a Code of Conduct that will be applicable to all government departments is at the present time being drafted by the Office of Procurement Regulation; that code would require members of the staff of the Commission to complete conflict of interest forms.
The Act provides for the President to terminate the appointment of a member of the Commission, on the grounds inter alia, that the member has become bankrupt or compounds with his creditors; is convicted of any offence which brings his office into disrepute; is guilty of misconduct in relation to his duties; misbehaves in office and fails to carry out any of the duties or functions conferred on him under the Act.
Members of staff who are public officers fall under the Public Service Commission; the Head of the Public Service Commission’s Secretariat is the Director of Personnel Administration and he initiates disciplinary action against public officers. Contract officers fall under the Chief Personnel Officer and disciplinary action would be taken by the Department in which the contract officer is working.
These disciplinary processes allow for public and contract officers to have a right to reply and a right of appeal. The Act identifies and delineates the powers of the Commission; it also sets out parameters for the Investigators of the Commission. One of the requirements for the appointment of Investigators is that they must have served as police officers in the police service up to, at least, the level of Inspector, they must have investigative skills and are to be guided in their investigations by the Judges Rules. The Commission has no prosecutorial powers.
Principle 14 – External Accountability
“ACAs shall strictly adhere to the rule of law and be accountable to mechanisms established to prevent any abuse of power”.
Comment
The Integrity Commission is not subject to oversight by a cross-party Parliamentary Committee, neither is it subject to any other form of external oversight. The Integrity Commission is an independent body and takes direction from no one and no body.
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Principle 7 (Ethical Conduct); Principle 9 (Authority over Human Resources); Principle 12 (Financial Autonomy); and Principle 13 (Internal Accountability) are relevant.
Principle 15 – Public Reporting
“ACAs shall formally report at least annually on their activities to the public”.
Comment
Section 10 of the Act provides for the Commission, not later than 31st March, to make a report to Parliament of its activities in the preceding year.
Principle 16 – Public Communication and Engagement
“ACAs shall communicate and engage with the public regularly in order to ensure public confidence in its independence, fairness and effectiveness”.
Comment
The Commission engages with the public by means of various projects launched during the year. The public speeches of the Chairman on anti-corruption are given to the media as a matter of course.
The Commission also has a website and it is updated with reports and news.
Conclusion
Notwithstanding the fact that the Integrity Commission figured to a remarkable degree in the consideration of the Jarkata Principles, I can asseverate that the comments made in respect of each principle could, generally speaking, apply mutatis mutandis to the other ACAs of Trinidad and Tobago. It is therefore with sentiments of unbounded pride and profound satisfaction that I can say that Trinidad and Tobago in its legislation against corruption is acting according to the spirit and philosophy of the UNCAC.
Be it admitted that in a few instances Parliamentary intervention would be necessary, and that might take some time, but in the main, Trinidad and Tobago can walk in lockstep with the other members of UNCAC as we deal corruption its final quietus, vanquishing a common enemy and achieving a common good.
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APPENDIX 19| JAKARTA PRINCIPLES ANALYSIS PAGE | 59 CAYMAN ISLANDS
Cayman Islands - Jakarta Principles Analysis PAGE | 59a
Draft Commentary on the Jakarta Principles Cayman Islands Legislation
1. Mandate
Establishing of body/bodies to prevent corruption through implementing policies increasing and disseminating knowledge about the prevention of corruption;
Section 117 (9) CI Constitution –sets out the Commission’s functions.
Functions constitute clear mandate for corruption prevention. See, too section 5 SPL Law.
Investigative powers but no prosecutorial powers.
Ensure the existence of one or more bodies specializing in combating corruption through law enforcement
Must have necessary independence to discharge mandates
Though silent on the issues of education and awareness, these are vital for the fulfillment of its role.
Mandate given to Anti-Corruption Commission – section 3 to administer the AC Law (2019 R); powers, duties and functions are set out under s4.
ACC has authority to investigate through investigating officers – s 3C AC Law and powers of arrest - s3D ACL
In addition, RCIPS, has authority to investigate and prosecute corruption Offences (Criminal Procedure Code (“CPC”) and Penal Code (“PC:”)
2. Collaboration
Fostering of good working relations
s22 and 24 SPL allow for collaboration with the RCIPS and the DPP upon satisfaction after inquiry that a breach of Law or offence committed. PAGE | 59b
Otherwise, no direct mention of collaboration; however, given the mandate of the Commission – s117 CI Constitution as set out under s5 SPL Law, there is scope for the Commission to collaborate with other government departments/statutory authorities, etc.
S8 CI Constitution – Commission is not subject to direction/control of any other person/authority.
SPL Law is not in effect with the result that there have been no investigations conducted under the Law. Nonetheless, where inquiries have been made into certain matters arising in the public forum, relevant authorities have responded accordingly.
ACC – s 4(2) and 4(5) provide the legal framework for collaboration with other bodies including overseas agencies.
3. Permanence
Must be established by proper and stable legal framework, e.g., the Constitution or a special law
The Commission is established under s117 CI Constitution as one of the institutions supporting democracy.
S121 (5) CI Constitution also requires the enactment of a law for giving effect to the establishment and maintenance by the Commission of a Register of Interests.
The SPL Law was passed by Members of the Legislative Assembly in 2014 and amended in 2016 but to date has not been brought into effect.
The ACC is not a creature of the CI Constitution but is firmly established by the ACL. Based on its work as reported, the ACC is effective in executing its mandate.
4. Appointment
Process of appointment of AC heads to ensure his/her apolitical stance, impartiality neutrality, integrity and competence
PAGE | 59c
s117 (1) – (5) CI Constitution as set out under s4 (1)-(3) SPL Law: persons of “high integrity and with experience in public or private sector”; comprising 1 Accountant (Chartered/Certified) with 10 yrs experience; legal practitioner 10 years practice in Commonwealth.
Appointment by Governor after consultation with the Premier and Leader of Opposition.
Excluded – member of LA, holder of public Office or having held public office in the 3 preceding years; held office in a political party in 5 preceding years; non-Caymanian.
Appointment by Governor.
ACL – Schedule (s 1-4) for qualifications
Previously, there was no public call for ACC or SPL Commission. This process is now being rolled out for the first time.
5. Continuity
Requirement for delegation by Law of powers of ACA head to appropriate official in the ACA within reasonable time in event of suspension, dismissal, resignation, retirement or end of tenure – pending appointment of new head
s117(9)(7) CI Constitution allows Governor to appoint member where vacancy arises. In that case, newly appointed member serves until expiration of term.
s4(4) SPL Law reflects same.
No specific provision for replacement of Chairman/head.
Powers granted to Commission; not exclusively to the Chairman. No automatic delegation of powers in absence of Chairman.
No maximum timeframe in Law/Constitution for any post to remain vacant.
s8 Schedule to ACL – addresses vacancies.
PAGE | 59d
No specific provision for replacement of Chairman/head of ACL.
S4 Schedule allows for members present and forming quorum to elect person to preside in absence of Chairman.
No maximum timeframe in Law for any post to remain vacant.
6. Removal
ACA Heads to have security of tenure; removal only through legally established procedure for removal of key independent authority (e.g., Chief Justice).
s117(6) CI Constitution and s4(3) SPL Law treat vacancies and removal from office arising from:- term expiry; absences from 3 consecutive meetings without Governor’s approval; resignation of member; removal from office by Governor for inability to discharge functions of Office (arising from infirmity of body or mind or any other cause) or misbehavior; or if nominated for election to LA (with consent); or if appointment to public office.
Term of appointment is 4 years s117(6)(a) CI Constitution.
S4(3) SPL Law.
No provision for Chairman/member defending its position against removal. No established process for removal.
ACL Schedule s 6- allows for resignation of member; s7- revocation of appointment after consultation with the AG.
Term of Office – 3 years or less s1(2) Schedule for Chairman; same term provided in s2 of Schedule for members.
7. Ethical Conduct
ACA’s to adopt codes of conduct requiring highest standards of ethical conduct from staff and strong compliance regime
No specific codes established for Commission.
Schedule 2 SPL Law sets out “Principles to be adhered to”, i.e., Nolan Principles. PAGE | 59e
8. Immunity
ACA heads and employees to have immunity from civil and criminal proceedings for acts committed within the performance of their mandate; to be protected from malicious civil and criminal proceedings.
s34 SPL Law – no liability for damages for the Commission or any of its members for act/ omission in the discharge of functions under the Law, unless “shown that act or omission was in bad faith”.
ACL – s14 and 15 Schedule – similar provision as under s34 SPL, except in s14, reference made in addition to “purported discharge” of functions and s15 provides indemnity by the Commission to its members
9. Remuneration
ACA employees to be remunerated at level to allow employment of sufficient number of qualified staff
Remuneration of “staff” is dealt with by s7 SPL Law.
s7(1) speaks to “allowances” of Commission members – set by Governor.
S7(2) speaks to the provision by Government of “adequate staff” for the prompt discharge or duties.
Currently, Commissions Secretariat comprises a Manager; 2 assistants and 1 executive secretarial post holder.
The Secretariat services 5 Commissions.
The Commission has no direct involvement with budget.
S7(3) expenses incurred by Commission, members and staff are to paid from the revenue of the CI.
PAGE | 59f
S19 SPL allows the Commission to appoint an “investigating officer” to conduct an inquiry into alleged/suspected breaches of the Law.
The issue of funding/budgeting will become more critical for the Commission in the event of an investigation when the Law comes into effect.
ACL – s10 Schedule – remuneration of Commission to be paid from revenue of CI.
Sections 3A and 3B of the ACL allow the Governor to employ staff and to approve secondment of public officers (including investigators) to ACC.
Section 4 - the ACC’s manager, with the approval of the ACC has the power to employ experts/consultants at remuneration to be approved by Governor and paid from revenue of CI.
10. Authority over HR
ACAs to have power to recruit and dismiss staff according to clear and transparent procedures
Commissions Secretariat comprises Government employees who are subject to Public Service Management Law and Personnel Regulations.
Other than set out above, the CSPL has no other power/control over staff.
No specific procedures set out under Law.
11. Adequate and Reliable Resources
ACAs to have sufficient financial resources to carry out tasks, taking into account country’s budgetary resources, population size and land area.
To be entitled to timely, planned, reliable and adequate resources for the gradual capacity development and improvement of the ACA’s operations and fulfillment of mandates.
Save for the provision of s7 SPL Law there are no other provisions dealing with resources for the SPL Commission.
Currently, budget exists for all Commissions which rely on the resources of the Secretariat.
Budget cycle is now 2 years.
PAGE | 59g
[Self-assessment questions-?]
12. Financial Autonomy
ACAs to receive budgetary allocation over which ACAs have full management and control without prejudice to appropriate accounting standards and accounting requirements.
Currently, the Manager Commissions Secretariat handles budgetary matters.
Commissions Secretariat is required to comply with national accounting and audit requirements (and international?)
13. Internal Accountability
ACAs to develop and establish clear rules and standard operating procedures, including monitoring and disciplinary mechanisms, to minimize misconduct and abuse of power by ACAs
No specific rules and standard operating procedures established by Commission to self-regulate itself.
s16(2) SPL Law – prosecution under this Law can only be instituted with written consent of DPP.
S21SPL Law – Person in public life must be given reasonable time and opportunity to make representations in person or by attorney prior to Commission concluding that the person has breached Law.
S22 SPL – where Commission finds breach of Law or commission of an offence, to refer the matter forthwith to RCIPS and DPP.
ACL – s17 and s 18 establish procedure for disclosure of members’ interests and s19 allows the ACC to regulate its own procedures.
PAGE | 59h
14. External Accountability
ACAs to strictly adhere to rule of law and be accountable to mechanisms established to prevent abuse of power
s18- 25 SPL deal with Powers of Investigation. Commission has power to require production of “books, records, accounts, reports, data, stored electronically or otherwise or any other documents relating to the functions of any public or private body”; to require persons in public life to answer questions; to verify declarations; cause witnesses to be summoned and examined on oath, etc.
As indicated above, however, in cases of breach/commission of an offence, matters are referred to RCIPS and the DPP with “certified copy of declaration in question and a report” of Commissions’ findings.
ACC – has powers under section 4 ACL to, inter alia, detect and investigate corruption and other offences. It also has powers of search and seizure.
The office of the DPP prosecutes.
The Governor has oversight of the ACC.
15. Public Reporting
ACCs to formally report to Public at least once per Annum
s117(9)(g) – the CSPL is required to report twice annually (at least).
s 5((1)(g) SPL Law –reflects this requirement and s8(1) speaks to the manner in which reporting shall take place and be deemed to be in the public domain.
S9 ACL – the ACC is required to report to the Governor once annually; however, s8 ACL restricts the provision of information.
S53 ACL – requires the production of an annual Report within each month of each financial year by the AG and the Deputy Governor on the enforcement of the ACL which is to be tabled before the LA.
PAGE | 59i
16. Public Communication and Engagement
ACAs to communicate and engage with public regularly to ensure public confidence in its independence, fairness and effectiveness
Due to the delay in commencement in the SPL L, the Commission has not been as actively engaged with the public as desired for optimum effectiveness.
The Commission has, however, over the past year, been actively involved in introducing the UNODC’s Education for Justice Programme E4J; to universities, primary and secondary schools.
The Commission has also participated over the past year in a training workshop for Board Members and members of statutory authorities.
The SPL Commission has a website which is frequently updated and which contains minutes of all Commission meetings.
The Chairman for the Commission also appeared before the Public Accounts Committee to respond to questions regarding the findings of the Auditor General in her Report released in January 2019 titled “Fighting Corruption in the Cayman Islands”.
APPENDIX 20| JAKARTA PRINCIPLES ANALYSIS PAGE | 60 SAINT LUCIA
Saint Lucia - Jakarta Principles Analysis PAGE | 60a
May 2019
JAKARTA PRINCIPLES ANALYSIS
Office of Integrity Commission SAINT LUCIA PAGE | 60b
INTRODUCTION
Members of the Integrity Commission have perused the draft Jakarta Principles and members conclude and agree that for Saint Lucia to properly implement the sixteen principles would indeed be a challenge, implementation being dependent on adequate and reliable resources.
Principle 11, the penultimate principle suggests that Anti-Corruption Agencies (ACAs) shall have sufficient financial resources to carry out their tasks, taking into account the country’s budgetary resources, population size and land area. While Article 6 of the United Nations Convention Against Corruption (UNCAC) requires that ACAs should have the necessary material resources necessary to carry out their functions, article 36 suggests that the relevant ACA should have the appropriate …resources to carry out their tasks.”
It goes without saying THAT without financial capacity ACA is unable to carry out the tasks effectively and efficiently.
Saint Lucia is an independent island nation celebrating this year, 40 years of independence. It is 238 square miles and HAS a population of 150,000+/-. Its main source of income is from agriculture and tourism. It has no other natural resource such as minerals, oil etc. ITS Gross Domestic Product (GDP) (purchasing power) – USD$9547.30.
For the island nation the latest corruption index as of May 2019 is 55 – Corruption index is based on how corrupt the public sector is perceived to be. A country’s score indicates the perceived level of public sector corruption on a scale of 0(Highly corrupt) to 100 (very clean).
Saint Lucia’s Corruption index between the period, 2010-2014 was 71, its highest on record.
Having regard to the above information, one can clearly see the need to improve and to put more measures in place to reverse the index score towards 100. Most of the measures needed will require financial as well as adequate human resources.
Office of Integrity Commission, Saint Lucia Page 1 of 11
PAGE | 60c
ANALYSIS OF JAKARTA PRINCIPLES: A COMPARISON WITH SAINT LUCIA LEGISLATION
An assessment of the Jakarta principles as it relates to Saint Lucia is as follows: -
PRINCIPLE 1 – MANDATE
ACAs shall have clear mandates to tackle corruption through prevention, education, awareness raising, investigation and prosecution either through one or multiple coordinated agencies.
Saint Lucia has more than one body with a clear mandate for tackling corruption namely: -
The Office of the Integrity Commission: - the office is established by the Constitution to ensure anti-corruption in persons holding public office with powers to verify, investigate and prosecute pursuant to the filing of declarations of such persons. The Integrity in public Life Act Chapter 1.19 of The Revised Edition of The Laws of Saint Lucia (hereinafter referred to as The Act) regulates the procedure by which the members and the office operate.
The Office of the Ombudsman: - established by the constitution to protect its citizens from abuse of administrative power.
The Financial Regulatory Services Authority (FSRA) established by legislation: THE Financial Services Regulatory Authority Act Chapter of the Revised Edition of the Laws of Saint Lucia supervises, licenses and regulates the financial sector by ensuring best practices of all financial institutions including insurance companies.
Financial Intelligence Authority WAS established by the Financial Intelligence Authority Act Chapter 12.23 of The Revised Edition of the Laws of Saint Lucia and continues its operations under the Money Laundering (Prevention) Act Chapter 12.20 and Proceeds of Crime Act Chapter 3.05 and Mutual Assistance in Criminal Matters Act Chapter 3.03. It is responsible for receiving and analysing suspicious transactions and investigation of money laundering and other serious financial crimes and the dissemination of information to THE Police and Director of Public Prosecution (DPP), Comptrollers of Inland Revenue Department and Customs & Excise Department. This authority advises, assists and educates financial institutions and other businesses in their obligation to detect and report suspicious activities in their
Office of Integrity Commission, Saint Lucia Page 2 of 11
PAGE | 60d
operations, prevent and deter money laundering, financing of terrorism and other related crimes.
The Department of Customs & Excise, Management & Control Act is to certify the compliance of goods into and out of the country are lawful and comply with the laws of the country failing which, there is the power to seize, search, investigate and prosecute.
Each of these bodies has most of these core mandates and all bodies have at one time or other embarked on education and awareness programmes.
Each of these bodies has limited independence to carry out ITS function; however their independence is limited by financial constraints. The ability to properly investigate relies on the assistance of the police force and prosecution is through the office of the DPP in all cases.
A single agency approach may be a better financially viable approach than having numerous agencies with a similar agenda. However, with other agencies in place to assist with investigation it may be more prudent to have in place an independent prosecuting agency which may assist in effectively curbing corruption.
PRINCIPLE 2 - COLLABORATION
ACAs shall not operate in isolation, they shall foster good working relations with state agencies, civil society, the private sector and other stake holders, including international cooperation.
The Office of the Integrity Commission at present collaborates with the office of the DPP, Public Service Commission and the Police to assist with prosecution and investigation where there is good reason to do so.
There is no obligation to partner with other State Agencies. It is the recommendation of this Commission that the legislation be amended to include such cooperation with FIA, FSRA Customs, Inland Revenue and international agencies to facilitate better research and investigative means for effective prosecution.
Office of Integrity Commission, Saint Lucia Page 3 of 11
PAGE | 60e
The office of the FIA however fosters good working relations with state agencies such as the FSRA, Police and Customs as well as private entities in particular financial institutions and external agencies.
PRINCIPLE 3 - PERMANENCE
ACAs shall in accordance with the basic legal principles of their countries, be established by proper stable legal framework such as the Constitution or special law to ensure continuity of the ACA.
The office of the Integrity Commission: Section 118 of the Constitution Act and the Parliamentary Commissioner /Ombudsman: Section 110 of the Constitution Act are enshrined in our Constitution, hence there is no concern as it relates to continuity.
However, the Integrity in Public Life Act regulates its powers and procedure of the Office of the Integrity Commission. The Act therefore if used, limits the powers of the ACA and in its present form needs amendments to give it the force necessary to be more effective in both investigating and prosecuting.
PRINCIPLE 4 - APPOINTMENT
ACAs heads shall be appointed through a process that ensures his or her political stance, impartiality, neutrality, integrity and competence.
In Saint Lucia the Constitution expressly states that in the performance of its function, the Commission is not subject to the control or direction of any person or authority which suggests Its neutrality and apolitical nature: Section 8
For this reason, the term of the Office must not end with the election of a new government no matter the political party; however, THERE appears to be the trend suggesting some political influence.
With respect to impartiality and neutrality: There is some form of consultation procedure rather than a vetting in the manner suggested by the Principles.
The ACA head’s and the members’ are appointed by means of cross party consultation rather than vetting.
Office of Integrity Commission, Saint Lucia Page 4 of 11
PAGE | 60f
With respect to integrity over the years’ moral standing and integrity appear to have been the main ethos above education, experience and qualifications thus the Chairperson of the Office of the Integrity Commission has been a man of ‘religion’.
With respect to competence the law simply requires that one of the members be a lawyer and a chartered or certified accountant and that the member not a senator or member of the House of Assembly or at any time during the 3 years prior to his or her appointment, a public servant: Section 3.
PRINCIPLE 5 - CONTINUITY
In the event of suspension, dismissal, resignation, retirement or end of tenure, all powers of the ACA head shall be delegated by law to an appropriate official in the ACA within a reasonable period of time until the appointment of the new ACA head.
The Act is silent on continuity with respect to the resignation of the Head or any member in that regard. However, the Act Section 3(1) states that the Office shall consist of a Chairperson and not less than 2 or more than 4 other members, in practice, there is a Deputy Chairperson appointed by members who would sit for the Chairperson in his/her absence until another is appointed.
As long as the Office consists of a Chair and at least two members, the work is unhampered.
PRINCIPLE 6 - REMOVAL
ACA heads shall have security of tenure and shall be removed only through a legally established procedure equivalent to the procedure for the removal of a key independent authority specially protected by law (such as the Chief Justice).
The Chair of the Office of the Integrity Commission receives a stipend from the consolidated fund and is appointed for a term of three years.
The Office does not have its own budget nor does it have the responsibility for its own budget and finance.
There is no security of tenure and the Chairperson and members receive a stipend for attending meetings of the Commission save that the Chairperson receives a ‘retainer’.
Office of Integrity Commission, Saint Lucia Page 5 of 11
PAGE | 60g
Removal such as resignation, revocation or death is done in accordance with a procedure Section 4, 5, 6 of The Act.
There is no time limit maximum or otherwise for the post of the Chairperson to be left vacant.
There are no Regulations in place governing the working, procedure or discipline of head/members of the Office or the effective implementation of the Integrity in Public Life Act since the legislation was enacted in 1998.
PRINCIPLE 7 – ETHICAL CONDUCT
ACAs shall adopt codes of conduct requiring the highest standards of ethical conduct from their staff and a strong compliance regime.
There is no written Code of Conduct at present.
There are no Regulations in place with respect to the code of conduct or practice and procedure of the Staff or members of the Commission.
However, Staff are to adhere to the principles of confidentiality and secrecy and are to take such oaths upon appointment to the Office.
PRINCIPLE 8 - IMMUNITY
ACA heads and employees shall have immunity from civil and criminal proceedings for acts committed within the performance of their mandate. ACA heads and employees shall be protected from malicious civil and criminal proceedings.
Section 43 of the Act gives immunity to the Commission and Staff and states as follows: -
Subject to Section 10 no action shall lie against the commission, its staff or any person acting under the direction of the Commission, for anything done or omitted to be done in good faith and its administration or discharge of any functions, duties or powers under this Act.
PRINCIPLE 9 - REMUNERATION
ACA employees shall be remunerated at a level that ALLOWS for the employment of a sufficient number of qualified staff.
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In Saint Lucia the Act at Section 38 addresses staff of Commission as follows:
(1) The Commission shall be provided with a staff adequate for the prompt and efficient discharge of its function under the Act.
(2) The Staff of the Commission shall be public officers appointed in accordance with Section 86 of the constitution.
The staff consists of two persons, A Secretary and a Research Assistant. There are no legal officers, investigators, accountants or persons needed to allow the commission to perform its work effectively and efficiently.
The remuneration of the staff is dictated by the Public Service Commission PSC.
At present the Secretary runs the Office rather efficiently with her limited resources, however she is not paid for her qualifications and the type and quality of work that she performs. She is very knowledgeable not just about the workings of the Public Service but more importantly the work of the Office of the Commission.
There are recommendations for adequate staff: -
That the Commission have control of its own budget and be accountable to the Director of audit.
That the Commission be consulted with respect to the appointment of Staff.
That the Commission have adequate staffing to include an administrative head, legal officer, specialist investigators, forensic accountant and other personnel to assist the Commission in the effective discharge of its function and to regain public trust and to show that corruption is effectively tackled.
PRINCIPLE 10 - AUTHORITY OVER HUMAN RESOURCES
ACAs shall have the power to recruit and dismiss their own staff according to internal clear and transparent procedures.
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As stated in the discussion above as it relates to Principle 9, the Staff is appointed by the Public Service Commission (PSC) and the Commission has no control whatsoever. All appointments and dismissals are through the Office of the PSC.
The laws for the disciplining of staff are general and not specific to the Office and the work of the Commission.
PRINCIPLE 11 – ADEQUATE AND RELIABLE RESOURCES
ACAs shall have sufficient financial resources to carry out their tasks, taking into account the country’s budgetary resources, size, population and land area. ACAs shall be entitled to timely, planned reliable and adequate resources for the gradual capacity development and improvement of the ACA’s operations and fulfilment of the ACA’s mandate.
The Commission does not receive its funding early enough and has no idea what its funding is and gets whatever funding that is allocated by the office of the Prime Minister through the Cabinet Secretary.
Recently it was pointed out that the Minister of Justice is the person with the responsibility to give effect to the implementation of the Act.
Thus the Minister was invited to a meeting with the Commission and it is hoped that the Minister will ensure recommendations will be realised. Therefore, there will be gradual improvement of the Office and tackling corruption will be more efficient and effective.
PRINCIPLE 12 - FINANCIAL AUTONOMY
ACAs shall receive a budgetary allocation over which ACAs have full management and control without prejudice to the appropriate accounting standards and auditing requirements.
As discussed previously, the Commission has no control over its budget and therefore does not have operational flexibility as envisaged by the principle. This coupled with the fact that the Commission does not have the Staff for investigating and is dependent on the police and without proper investigation procedures, there can be no prosecution. These are two areas where the work of the Commission is severely inadequate or non-existent.
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PRINCIPLE 13 - INTERNAL ACCOUNTABILITY
ACAs shall develop and establish clear rules and standard operating procedures, including monitoring and disciplinary mechanisms, to minimize any misconduct and abuse of power by ACAs.
As stated earlier in Principle 7 and elsewhere there is no regulation in place, so compliance with rules and monitoring of staff IS not in place.
The Staff Code of Conduct is regulated by the Public Service Staff Orders which speaks to disciplinary matters.
PRINICPLE 14 - EXTERNAL ACCOUNTABILITY
ACAs shall strictly adhere to the rule of law and be accountable to mechanisms established to prevent any abuse of power.
There is no oversight body or cross party parliamentary committee or oversight mechanism in place for addressing complaints of misconduct and/or abuse of power by ACAs.
PRINCIPLE 15 - PUBLIC REPORTING
ACAs shall formally report at least annually on their activities to the public.
Section 37 of the Act states:
(1) Subject to subsection (3) the Commission shall as soon as possible but not later than 2 months after the end of each financial year, make a report to Parliament of its activities in the preceding year and the report shall be tabled in the house of Assembly and the Senate not later than 3 months after receiving the report. (2) The report under subsection (1) shall not disclose the particulars of any Declaration filed with the Commission. (3) The Commission shall make its first report to Parliament not later than one month after the end of its first year of operation and the report shall be tabled within 3 months of its submission to Parliament.
A tabling of the report at Parliament suggests that the report becomes public knowledge. MOST Parliamentary proceedings are televised.
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PRINCIPLE 16 - PUBLIC COMMUNICATION AND ENGAGEMENT
ACAs shall communicate and engage with the public regularly in order to ensure public confidence in its independence, fairness and effectiveness.
THE dissemination of Handbooks (revised 2018) about the office of the Integrity Commission and a campaign of awareness in schools and tertiary institutions on THE island will assist in ensuring better public awareness and support in the future.
It is recommended that a public survey, if finances allow, should be undertaken in the later part of this year to assess the public’s views in order to identify critical areas requiring preventative and investigative attention as was done by participating countries Ukraine and Armenia.
It is hoped that with new level of public awareness persons especially the youth, and other persons with information will come forward and assist the Commission with its work.
Communication and public engagement ARE key in improving the operations of the Commission.
CONCLUSION
We end by stating that the Jakarta principles and this self-assessment has assisted in bringing to the forefront our inadequacies in tackling corruption. These inadequacies appear to be the cry of Commissions prior to this current one.
We are hoping that in ensuring that, the Minister of Justice who is now engaged in discussions with this commission, that the funds will be allocated FOR proper and effective work in tackling corruption of persons in the public arena, but more importantly that the Integrity in Public Life Act will be amended to give ‘teeth’ to the work of the Commission as we continue our journey together as a Sovereign nation.
We understand that the world is now a global community in the age of instantaneous communication. Small nation states like ours are in need and compete for assistance from friendly governments as well as non-governmental institutions (ngos) and in order to ensure
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PAGE | 60l this invaluable assistance, our integrity is the most valuable tool. To this end we are committed to improving our methods of preventing corruption.
we would like to thank you for giving us this opportunity for self-assessment and for offering recommendations which indeed will ensure positive steps in our journey together.
Office of Integrity Commission Hewannorra House Trou Garnier Pointe Seraphine Castries, Saint Lucia
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APPENDIX 21| ANNUAL GENERAL MEETING PAGE | 61 MINUTES
Annual General M eeting M inutes
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COMMONWEALTH CARIBBEAN ASSOCIATION OF INTEGRITY COMMISSIONS & ANTI-CORRUPTION BODIES
ANNUAL GENERAL MEETING – 7 JUNE 2019 GRAND CAYMAN MARRIOTT BEACH RESORT, CAYMAN ISLANDS MINUTES
PRESENT: Mr. Dirk Harrison, Chairman Jamaica Mrs. Rosie Whittaker-Myles, Vice-Chairman Cayman Islands Mr. Cleophas Regobert, Treasurer St. Lucia Mr. Justice (Ret’d.) Melville Baird, Country Representative Trinidad & Tobago Ms. Helen Ambo, Country Representative Dominica Dr. Roger Koranteng Commonwealth Secretariat Mr. Neil Coates Antigua & Barbuda Mr. Radford Hill Antigua & Barbuda Mr. Stephenson Hyacinth Dominica Mr. Robert Robinson Grenada Mr. Tafawa Pierre Grenada Mr. Kumar Doraisami Guyana Mrs. Rosemary Noble Guyana Colonel Daniel Pryce Jamaica Ms. Jean Morille St. Lucia Mr. Greg Christie Turks & Caicos Canon Mark Kendall Turks & Caicos Ms. Jasmine Pascal Trinidad & Tobago
APOLOGIES: Ms. Deshawn Arzu Torres, Country Representative Belize Ms. Joy Powell, Secretary Jamaica Lady Anande Trotman-Joseph Grenada, Past Chair Mr. Eugene Otuonye, QC Immediate Past Chair
1. Call to Order The meeting was called to order at 9:45 am.
Representatives (Mr. Franklyn Williams and Ms. Deirdre Clarke-Maycock) from the Bahamas indicated that having attended the Conference for the first time and therefore not being formal
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members of the Association expressed their gratitude for the invitation and indicated that having seen the value of being a part of this Association, they would make the case to their Government upon their return home to formally become members. That said, they indicated that they would not remain in attendance for the duration of the meeting. The Chairman informed the Bahamas group that they were welcome to remain at the meeting on observer status.
2. Prayer Canon Mark Kendall led the Members in prayer earlier in the morning and this prayer was extended to cover the meeting.
3. Chairman’s Welcome and Opening Remarks The Chairman formally welcomed Members to the 2019 Annual General Meeting of the CCAICACB. He extended his thanks to the Cayman Islands Government, specifically the team headed by the Chairman of the Commission for Standards in Public Life, the Commissions Secretariat, the Commonwealth Secretariat andDr. Roger Koranteng, along with other agencies which supported the 2019 Conference such as the International Narcotics and Law Enforcement Office (US Embassy, Kingston) and, members for their attendance and participation.
4. Consideration of Reports a. Chairman’s Report The Chairman noted the great strides that have been made since the inception of the CCAICACB at the Grenada conference in 2015. Since the Immediate Past Chair left his post last year, the current Chairman has had various engagements. This included attending a conference in 2018 in Colombo, Sri Lanka where the draft Commentary on the Jakarta Principles was obtained. This document was shared with the Executive Committee Members and was reviewed for the Association by Justice Baird. Though this document is not yet public, it is being mentioned due to its great utility for anti-corruption work; for that reason, we extended an invitation to the UNODC to attend the Conference and speak on this document for the benefit of all members and participants.
The Chairman stated that the Association members will now have benchmarks from the Commonwealth Secretariat and from the Jakarta Principles and urged members to use these documents to guide their respective bodies.
The Chairman notes that the Integrity Commission of Grenada is leading the way amongst the Commonwealth Caribbean integrity institutions in conducting training exercises at their Centre of Excellence. He attended one such exercise in Grenada to mark International Anti-Corruption Day (9 Dec 2018). Additionally, he was invited in March 2019 by the Chairman of the Grenada Integrity Commission and provided the requested assistance in training conducted there. The Deputy Chairman for Grenada’s Integrity Commission, Mr. Robinson, was asked to convey the Association’s gratitude to the
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Grenada’s Chairman, Lady Anande Trotman-Joseph, and to request on behalf of the Association that invitations to training opportunities continue to be extended.
The Chairman noted that the Chairman for Guyana’s Integrity Commission had also reached out to him in March for assistance and he shared with him a template used in investigations.
For the first time in the history of the Association a Treasurer’s Report has been produced. The production of this Report shows the advancement of the CCAICACB. The Chairman gave an overview of those administrative procedures which have taken place in order to formalise the registration of the Association and open a bank account in Grenada He expressed thanks to Grenada’s Integrity Commission and to Ms. Metard, Q.C. who drafted the By-Laws for the Association and assisted in seeing through the process and stated that he now has hard copies of the By Laws for signatures once the resolution to ratify the documents has been passed.
He noted the continued reduction of financial support by the Commonwealth Secretariat.
The Executive agreed to work during the year to increase membership in the Association and this has been successful as additional countries have become aware of the Association and this year 5 representatives of Bahamas were in attendance. Other countries such as St. Kitts have shown an interest in attending the Conference but due to financial restraints they were unable to attend.
The thwarting of the work of various commissions has been noted as a trend (for example, the reduction of membership in Dominica from 7 persons to 3), and commissions must remain vigilant and supportive of one another in their common goals.
The Chairman welcomed and thanked Colonel Pryce of Jamaica as a new member, and Stephenson Hyacinth of Dominica as newly appointed Chairman of Dominica Integrity Commission. Condolences were extended to Dominica’s Commission on the passing of their past Commissioner. He further thanked Helen Ambo of Dominica for her persistent and stellar work whilst awaiting membership appointments. Radford Hill of Antigua & Barbuda was welcomed back after a period of absence. Missing today is Deshawn Arzu Torres of Belize, who had attended the first 3 days of the conference and the Chairman thanked Belize for their input.
The Vice-Chair of CCAICACB added for the record that included in the activities of the Association over the past year was the participation of the Chairman and Lady Anande Trotman-Joseph of Grenada in a television interview which was broadcast to 200,000 viewers.
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Following from that the Commonwealth Secretariat representative requested that commissions utilize the media as the Commonwealth Secretariat will compile this information and consolidate it to be re-distributed to member countries and for archival purposes. He recommended that press releases are issued by delegates through their individual bodies upon their return home about this conference through the Conference Communique. This recommendation was reinforced by the delegate from Grenada who suggested that press releases be issued to all newspapers. The recommendation was accepted.
The delegate from Turks & Caicos suggested that the Association reaches out to Barbados, St. Vincent, Montserrat and BVI with a view to having them join the Association and securing their attendance at the next Conference.
The Chairman agreed that we needed to increase members; however, the cost consideration must also be factored in. b. Treasurer’s Report The Treasurer indicated that as no dues are being collected at the moment there is not a financial statement for review. He further confirmed that the bank account has not yet been opened but expects that the final administrative arrangements will be made within the next few months.
The Treasurer indicated that the Executive Committee which is due to be elected during the course of this meeting will have two decisions to make in the immediate future – the development of both a strategic plan (with both short and long-term objectives of the Association) and a budget (for the remainder of 2019 and a budget for 2020).
The Treasurer indicated that the objectives to be included in a strategic plan include: i. ensuring the maximum number of members to the Association in order to increase the amount of dues able to be collected; ii. creating and approving monthly and yearly budgets to cover the remainder of 2019 and 2020; iii. appointing a Secretary for note-taking and other administrative matters; iv. agreeing an allocation of monies to be put towards training for both Executive and wider membership; v. setting up a website for the Association; vi. establishing a headquarters for the Association; and vii. considering how the weaning of funding from the Commonwealth Secretariat will affect the work of the Association over the years to come.
It is estimated that the 2019 dues will amount to approximately USD$11k to work with for the rest of the year. In 2020 the Treasurer estimates that the Association will need an
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additional USD$32k to meet the objectives of the Association though this would not include the costs associated with hosting the Conference.
Members can expect to receive invoices from the Treasurer in the next month for the 2019 dues. Payments should be made as expeditiously as possible.
Dr. Koranteng suggested that the Executive consider sourcing funding for the Association from other governments or entities. Mention was made of the Ombudsman’s Association which obtains sponsorship from donor bodies. Sponsorship could also come from the EU and from similar institutions. This should be explored once we have a budget in place.
Discussions were also held surrounding an increase, over time, of the amount of dues; and whether the Constitution should be amended in regards to increasing dues.
The Treasurer ultimately recommended that the Association proceed with issuing invoices (in the next month) for fees in the amount currently contained in the Constitution and the incoming Executive can consider the further financial needs of the Association and how best to meet those needs. It was pointed out that the increase of fees required an amendment to the Association’s Constitution which required notice unless all members in attendance were willing to indicate that they were waiving their right to insist on the application of the Constitutional provision. It was agreed that this matter would be put over to a Special General Meeting to be convened following notice.
5. Matters for Consideration a. The Constitution of the CCAICACB Members were provided with hard copies of the CCAICACB Constitution for their ease of reference during the meeting. The Chairman also outlined the need to give one month’s notice in order to make any changes to the Constitution as provided for in Articles 13 and17.
i. Membership Forms and Dues The Chairman requested for members to take back to their home countries the membership forms provided to them and have them completed and returned to the CCAICACB electronically as a matter of urgency. A discussion ensued about whether membership forms with signatures are legally necessary, and whether there should be different requirements for pre-existing members and new members, and individual members versus member organisations. Discussions also ensued as to whether ratification of membership applications/submissions was required.
It was proposed that the initial version of the form is used for the time being and this was agreed. It was further agreed that the currency for dues would be formally clarified.
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ii. Appointment of Executive Committee Members A discussion took place to clarify whether persons appointed to the Executive were appointed in their personal capacity or as a representative of their Country i.e. if a Member from Jamaica is appointed Chairman but can no longer serve in that capacity, should a new election take place to replace him/her or should a new Member from the same country (i.e. Jamaica) be appointed.
It was agreed that persons appointed to the positions of Chairman, Vice Chairman, Treasurer, and Secretary should be appointed as individuals and therefore new elections should take place should persons no longer be able to serve in any of those capacities. Discussions also ensued as to whether Association Members should be appointed to these positions from the same country.
In regards to those appointed as Country Representatives, it was agreed that an individual from the same country could replace that individual (as opposed to new elections being held).
A question was asked by a delegate as to whether the four individual appointments, Chairman, Deputy Chairman, Secretary and Treasurer could all come from the same country and it was agreed that this, and other matters raised would need to be addressed fully at a Special General Meeting. iii. Resignation/Removal of Officers of the Executive Committee This matter was not discussed and was adjourned to a Special General Meeting. iv. Formation of Non-Profit/Charitable Company – Opinion The Chairman indicated that in order to finalise the administrative arrangements to open the Association’s bank account, Members needed to agree and ratify a resolution to form a non-profit/charitable company.
It is noted that the relevant forms/documents have been drafted in accordance with the legislation of Grenada and signed by the Chairman of the Grenada Integrity Commission; as it had been agreed by the Executive to open the bank account in Grenada.
Members will be provided with copies of the Articles of Incorporation filed on 29 May, 2019 however the Chairman read into the record Article 5 which mirrors the Objectives set out in Article 4 of the Constitution
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It is further noted that a number of documents have been appended to the Articles of Incorporation including by-laws, comprising the entirety of the Constitution of the Association. These documents will also be circulated to all Members.
The Chairman made reference to the checks and balance put in place regarding signatures on the Association’s account to be set up with FCIB.
The agreement and ratification of the Articles of Incorporation were moved by the Chairman and seconded by the Treasurer.
v. Appointment of Auditor The appointment of the Auditor will be set as an agenda item at the upcoming Special General Meeting.
6. Model Legislation The Model Legislation has been finalised and will be provided to all Members for review. This should be uploaded to members’ websites.
7. Communique arising out of the 5th Annual Conference Members reviewed the draft Communique and agreed minor amendments. The adoption of the Communique (with amendments) was proposed by Canon Mark Kendall and Mr. Radford Hill seconded the motion.
8. Election of Members to the Executive Committee Chairman recognized the Proxy held by Ms. Jean Morille (St. Lucia) for Belize.
Elections were held for newly appointed executive committee:
For the post of Treasurer, Canon Mark Kendall (TCI) proposed Cleophas Regobert (St. Lucia). It was seconded by Rosie Whittaker-Myles (Cayman Islands).
For the post of Chairman, Cleophas Regobert (St. Lucia) proposed Dirk Harrison (Jamaica). It was seconded by Canon Mark Kendall (TCI).
For the post of Vice-Chairperson, Rosie Whittaker-Myles (Cayman Islands) proposed Justice Melville Baird (Trinidad & Tobago). It was seconded by Colonel Daniel Pryce.
For the post of Secretary, Greg Christie (TCI) proposed Helen Ambo (Dominica). It was seconded by Mr. Justice (Ret’d) Melville Baird.
For country representation, Helen Ambo (Dominica) proposed Canon Mark Kendall (TCI). It was seconded by Jean Morille (St. Lucia).
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For country representation, Robert Robinson (Grenada) proposed Lady Anande Trotman-Joseph (Grenada). It was seconded by Cleophas Regobert (St. Lucia).
For country representation, Rosie Whittaker-Myles (Cayman Islands) proposed Kumar Doraisami (Guyana). It was seconded by Helen Ambo (Dominica).
Post Name Association Member Country Chairperson Mr. Dirk Harrison Jamaica Vice-Chairperson Mr. Justice (Ret’d) Melville Baird Trinidad & Tobago Secretary Ms. Helen Ambo Dominica Treasurer Mr. Cleophas Regobert St. Lucia Member Canon Mark Kendall Turks & Caicos Islands Member Lady Anande Trotman-Joseph Grenada Member Mr. Kumar Doraisami Guyana Immediate Past Chairperson Mr. Eugene Otuonye, QC Turks & Caicos Islands Representative of the Dr. Roger Koranteng N/A Commonwealth Secretariat
9. Hosting of 2020 Conference Members accepted the tentative offer of St. Lucia to host the Sixth Annual Regional Conference in 2020.
10. Any Other Business The Chairman gave notice of intention pursuant to Article 17 of the Constitution to hold a Special General Meeting in respect of making amendments the Constitution. The following items were identified for review at that meeting: 1. Article 7(3) 2. Composition of Executive - to ensure broad representation of members 3. Whether Chairman and Secretary to come from same country 4. Effect of removal from office in territory of postholder who holds individual office on Executive 5. Past Chairman’s role as part of Executive and the impact of resignation after serving 1 year of the 2 year term in office 6. Annual Membership Fees 7. Resignation and Removal of Officers
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Mr. Tafawa Pierre of Grenada thanked the Chairman of the CCAICACB for his professionalism and leadership.
11. Blessing Canon Mark Kendall blessed the delegates and wished them safe journeys home.
12. Adjournment The meeting was adjourned at 2:20pm.
______Dirk Harrison Chairman Commonwealth Caribbean Association of Integrity Commissions and Anti-Corruption Bodies
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APPENDIX 22|CCAICACB 2019 CONFERENCE PAGE | 62 COMMUNIQUE
CCAICACB 2019 Conference Communique PAGE | 62a
COMMONWEALTH CARIBBEAN ASSOCIATION OF INTEGRITY COMMISSIONS & ANTI-CORRUPTION BODIES
CONFERENCE COMMUNIQUE
We, the Commonwealth Caribbean Association of Integrity Commissions and Anti-Corruption Bodies (“the Association”), meeting at our Fifth Annual Regional Conference convened under the auspices of the Commonwealth Secretariat and hosted by the Cayman Islands Commission for Standards in Public Life from 3 – 7 June 2019, at the Grand Cayman Marriott Beach Resort, under the theme: "Transforming Words into Action: Revitalising the Fight Against Corruption”;
NOTING with deep gratitude the invaluable support and warm hospitality provided by the Commission for Standards in Public Life, the Cayman Islands Government and the people of the Cayman Islands;
RECOGNISING with much appreciation the presence of the Rt. Honourable Patricia Scotland, Q.C., Commonwealth Secretary-General, her participation and delivery of the key note address wherein she reinforced the Commonwealth Secretariat’s collective determination to eradicate corruption through the development of research, capacity-building and networking;
THANKING His Excellency the Governor Martyn Roper, OBE for declaring the conference open whilst affirming the commitment of the Cayman Islands Government to good governance by the continued development and implementation of relevant policies in the civil service and the strengthening of its integrity bodies;
APPLAUDING the stellar work of Dr Roger Koranteng, Interim Adviser and Head, Public Sector Governance, Commonwealth Secretariat, resulting in his winning the 2018 Sheik Tamim Bin Hamad Al Thani International Anti-Corruption Excellence Award;
COMMENDING and thanking the Commonwealth Secretariat for its leadership, guidance, and financial assistance over the past five years and anticipating this continued support;
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REAFFIRMING the need to continue to use this regional conference as a platform for the sharing of information, best practices and strategies for combating corruption and the promotion of good governance;
EXPRESSING gratitude to the outgoing 2017/19 Executive Committee under the leadership initially of Mr. Eugene Otuonye, QC followed by Mr. Dirk Harrison;
HAVING extensively considered the theme of the conference and its programme content through the full exchange of the views of all delegates, facilitators and participants;
AGREE and ADOPT the following resolutions as actions to be taken by the Association:
a. continue to reiterate the need for regional integrity commissions and anti-corruption bodies to maintain their independence, impartiality and professionalism, to further enhance their effectiveness; b. make relevant recommendations to our Governments with a view to modernising, enacting and bringing into operation relevant legislation to continuously combat corruption; c. continue our calls on Member Governments to provide adequate financial, technical, and other resources (human or otherwise) to the Integrity Commissions and Anti-Corruption Bodies and greater autonomy in the use of those resources; d. encourage Member Governments to promote, encourage and support the work of each Member Country and the Association as a whole; e. invite CARICOM and other internationally recognised organisations to include on their agenda discussions related to anti-corruption efforts, integrity building, and the work of the Member Countries; f. call upon Commonwealth Heads of Government Meeting (CHOGM) to include the issue of Anti- Corruption as a side event at its meeting to be held in Rwanda in 2020 as well as part of its agenda and communique of that meeting; g. network with a wide range of stakeholders in the fight against corruption to strengthen and establish relationships and to promote collaboration and capacity building locally, regionally and internationally; h. engage Directors of Public Prosecutions to establish and/or enhance lines of communication and
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working relationships to strengthen anti-corruption work in the region; i. organise, attend, and/or participate in conferences, collaborative opportunities, training and capacity-building programmes, and similar educational events; j. assist with the creation of standard written operating procedures for the investigation of acts of corruption; k. develop, implement, review and update codes of conduct, to reduce conflicts of interest and promote an ethical culture within the Association and our organisations; l. adopt effective and relevant organisational risk management strategies and information gathering techniques; m. harness and put to maximum and innovative use, all resources available whilst continually seeking to engage the Commonwealth Secretariat and other bodies for the provision of additional resources and opportunities for capacity building; n. seek the technical assistance and support of the Commonwealth Secretariat in undertaking research to quantify the real cost of corruption; o. explore the possibility of securing financial and budgetary support for the Association from international development partners, especially those who have a vested interest in anti- corruption; p. intensify public education opportunities through engagement, surveys, data gathering, presentations, publications, and the media; q. mobilise youth to understand the importance of integrity and ethics and the causes and effects of corruption on our society and their lives directly through the use of tools such as the UNODC’s Education for Justice Programme (E4J); and r. promote the work of each Member Country through the use of internet platforms such as dedicated websites.
Having due regard to the diverse experiences of Member Country Delegates it was further agreed that we should continue to: a. pursue the development and implementation of regional anti-corruption model legislation in keeping with the requirements of the UNCAC and the constitutional and legislative frameworks of each respective Member Country in order to work towards the achievement of a reduction and eventual eradication of corruption in the Commonwealth Caribbean; b. support each Member Country in its anti-corruption and integrity work within the unique
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context of each Country; and c. encourage each Member Country to evaluate the framework for its respective bodies through the use of the Commonwealth (Secretariat) Anti-Corruption Benchmarks and the Jakarta Principles.
Following the Association Executive Meeting the Association further agreed: a. to accept the tentative offer of St. Lucia to host the Sixth Annual Regional Conference in 2020; b. that the newly elected 2019/20 Executive Committee of the Association shall be: Post Name Association Member Country Chairperson Mr. Dirk Harrison Jamaica Vice-Chairperson Mr. Justice (Ret’d) Melville Baird Trinidad & Tobago Secretary Ms. Helen Ambo Dominica Treasurer Mr. Cleophas Regobert St. Lucia Member Canon Mark Kendall Turks & Caicos Islands Member Lady Anande Trotman-Joseph Grenada Member Mr. Kumar Doraisami Guyana Immediate Past Chairperson Mr. Eugene Otuonye, QC Turks & Caicos Islands Representative of the Dr. Roger Koranteng N/A Commonwealth Secretariat
Dated this 7th day of June 2019 at Grand Cayman.
Page 4 of 4 APPENDIX 23|CONFERENCE EVALUATION RESULTS PAGE | 63
Conference Evaluation Results PAGE | 63a
Evaluation Results
Overall rating of the conference: Whether delegates feel they can apply what they learned in the conference to their Excellent 65% respective countries:
Good 35% Yes 70% Adequate 0% To Some Extent 30% Poor 0% No 0%
Whether the objectives/expectations of the Benchmark countries, as selected by delegates: conference were met: Grenada 27% Yes 100% Turks & Caicos 20% No 0% Cayman Islands 17%
Jamaica 17% Assessment of the conference logistics and content: Trinidad & Tobago 13%
Excellent 77% Singapore 3%
Good 21% None 3%
Adequate 2%
Poor 0%
What is your general assessment of the way logistics were organised? # of responses Excellent 13 • great planning and 5 execution • suitable/ comfortable 3 location • not enough time for the sessions • great team work of CSPL secretariat • issues with PA system • nutritious food Good 6 PAGE | 63b
Adequate 1 Poor 0
What is your assessment of the programme content? What would you like to have seen included in the sessions? Excellent 15 • Practical exercises. • The programme was adequate (no overkill or overemphasis). • Technology options for the automatic of the collection of statutory declarations, processing (recording) of information therein; and the initial analysis of comparative/historic information on previous declarations. • As time goes on more time needs to be afforded delegates to present papers and speak to laws. Sharing of Laws is critical to conferences. • Probably a little more interaction with resource people. • For the country presentation there should be a requirement that each territory provide certain standard statistical data and highlight changes (major) since last conference in relation to. • The content fitted adequately with this year's theme. • The framework by which a dollar value can be placed on the cost of corruption. Good 4 • [Should] Include a taste of Cayman history and culture. • At least one practical case and the particular of that investigation. Adequate 0 Poor 0 Blank 1 • All delegates should have an exchange criteria at the conference to share their country's Annual Report which will be reflective of the actual work done and areas of sharing or development.
In your opinion were the objectives and expectations of the conference met? Yes 20 No 0 • Yes! The sessions were very informative. • Yes, however we need the entire commonwealth Caribbean represented. • Yes, time was however the enemy in discussions. • Information sharing is key to the fight against corruption. • Yes in general. I believe the business of the association was dealt with. • Yes. Very detailed. • Overwhelmingly, yes! An excellent forum for learning what other countries are doing and how their legislation is structured • They were largely met. • Yes my expectation were met, however, I think we should consider including in the annual report a comparative data sheet of specific provision in the various legislations and share this information between territories. • I agree that the objectives were met as the networking and country presentations/sharing in fact exceeded my presentations.
Can all the critical areas presented and discussed, giving you a clear understanding of Integrity Commissions and Anti-Corruption Bodies, be applied in your country? Yes 14 • Sessions provided opportunities for critical review and reflection on the practices and PAGE | 63c
operation of our Integrity in Public Office Commission. • Grateful for where we are relative to the region. Aware of where we need to go. • Need more legislation. • Implementation would only be more effective when all ICs and ACB heads are full time employees • Ideally • However, I was not clear on the definition of an "anti-corruption bodies"; it would be good to have a clear definition because it can be defined both widely and narrowly. • We are in the process of enacting a revised ACA so issues discussed can be applied. To Some Extent 6 • Lack of legislative enforcement is [illegible] - need interagency cooperation would be something we expect to be improved. • The sharing of legislations and or written practices and procedures can be shared to assist. • Inter-agency collaboration; review of the legislation to amend it for greater effectiveness; better structure of the IC to operate more efficiently. • We are currently battling with the political will and lack of resources in our territory. This will therefore limit or restrict our efforts to some extent. No 0
What are your take-aways from the Conference? • Critical review of over operation and implement strategies to ensure effectiveness • The means for cooperation when dealing with corruption • The lack of resources seen to be a common issue for all the Integrity Commissions or Anti- Corruption Commissions • Greater need to optimise the good will and camaraderie • Need for information sharing. Establishing a website to include information from all member countries. • Modernisation and reform is urgent. Importance of Jakarta Principles. • Information on [illegible] ACA. • The need for the Government to support the Integrity Commission as this could be instrumental in T&T getting a more favourable perception index marking • The importance of Gov't support and greater standardisation of administration across ICs and ACBs - sharing is central • There is some momentum in this area - must continue • Many. I think the variance across the territories in terms of progress on the anti-corruption agenda. And that we need to consider the specific enhancements for our territory where other jurisdictions are further in their fight. • The need for all inter cont. agencies to work together to achieve greater success. • There are possibilities for more intimate information sharing and collaboration. • I have a better idea on how far reaching corruption is in obtaining good, transparent governance. • We can push the commission a step further along the way of more complete fulfilment of its mandate - critique the legislation, before more engaging with stakeholders and do more education activities. • The adoption of Jakarta Principles. • The participatory level is very good and this trend should be continues and expanded. I think that lack territory presentation should be very structured and should provide a specific set of information and data. • The need to join CCAICACB and need to ensure commission is equipped. • The promotion of good governance should be our overarching reach. Public education and awareness should be at the forefront of our fight against corruption. • Do what you can with limited resources networking and coordination and to save on cost and to maximise available resources.
PAGE | 63d
What is your overall rating of the Conference? Excellent 13 • This has been my first meeting and have learnt a lot. Great experience. • As at question 1 (one shortfall was the time allocated for the various programmes/subjects) • Rating enhanced by presence of commonwealth secretary general. Hers should have been the keynote address - and listed as such. • The information and knowledge share have broadened understanding of how much more needs to be done. • Accommodation was excellent! • Compliments to the organising team and to the ladies who assisted at all the sessions; excellent resource persons Good 7 • Conference attempted to cover relevant topics and achieved this very well - particularly the need to put words into action - agencies as well as governments. • Conference was a little loaded in terms of time set for different subject areas. Adequate Poor
What follow-up action(s) or suggestions would you like the Commonwealth Secretariat to do after the Conference? • Development of a generic instrument to access corruption and people in public life. • Encourage members to keep the Secretariat and members of achievements and legislation and important achievements. • Pressure needs to be brought on regional governments to strengthen the ACAs and ICs. • Technical support, ascertain needs and provide. • Capacity building • Countries that have useful modern anti-corruption legislation - links would be welcome • Encourage governments to legislate to allow ACA to function effectively • Provide training to the integrity commission of T&T in corporate governance and public procurement. • Provide training to integrity commission of Trinidad and Tobago. Corporate governance and public procurement. • Appoint rapporteurs to deal directly with Gov’ts (? Illegible) • A comparative table of the state of each territory IC; that is updated and amended in advance of the conference. It should be in a standard format; and I believe that information was provided in each territory report; but its best summarised and should not therefore result in substantially more effort on behalf of participants. • (1) Follow-up between commonwealth secretariat and deputy governor. (2) Assistance/guidance of commonwealth secretariat in identifying a way to quantify cost of corruption. • There should be an opportunity to bring investigative authorities together - Grenada • Making the secretariat more visible to countries in the Caribbean (Bahamas) • Possibly, meet the new IC one on one and help them to discuss/meet with the Executive in the valve of a well-functioning commission to the island • Engage the governments with a view of them adopting/subscribing to the Jakarta Principles • At next conference the topics should not be so comprehensive. Too much topics on one day to provide contact information for all our sister countries/participants so that we can continue to liaise and obtain the necessary support. • Continued financial support to ensure the gains to date are not wasted.
Select one or two countries you would like to benchmark after the Conference? Grenada 8 • To observe their process in assessing persons in public office PAGE | 63e
Turks & Caicos 6 • Compact system Jamaica 5 • Merging all ACAs into one organisation, to observe their process in assessing persons in public office Cayman Islands 5 Trinidad & Tobago 4 • Outreach programme, aspects of legislation Singapore 1 None 1 • None in particular - they all seem to have significant deficits
Please give your overall impression of the conference • Excellent! Great organisation and time management. • As at question 1 (one shortfall was the time allocated for the various programmes/subjects) • Very good. • Excellent, greater incorporation of practical exercises [is needed]. • Beneficial. Have a clear perspective of the anti-corruption efforts in the region. • Well-organised. Great agenda and variety of facilitators. Well done! • Well organised and informative. • The conference was well organised. • The conference was well organised and delivered! • Excellent • Excellent networking opportunity. • Overall, conference was very well organised. Presentations were excellent and participation was good. • Generally the conference was well put together and met the overall objectives. • Great content. Knowledgeable presenters. • Overall, an excellent production. The growing camaraderie serves to assist and strengthen Commissioners in their role and allows each organisation to be informed by its peers. Take a bow, Cayman. • There is clearly a comprehensive understanding of the issues affecting Anti-corruption Agencies and hence the programme was geared at improving the impact of the agencies. • The conference was well organised and home the involvement and time allocated for country presentations should be expanded and be made more structured. Allow countries to really discuss the issues and innovation happening in each territory and allow feedback. Expand the presentation time and Q&A. Reduce outside presentations. • Well received • I am walking away with critical information for implementation in my IC. • This conference met its objectives and provided an opportunity for best practice.
APPENDIX 24| EVALUATION FORM 2019 PAGE | 64
Evaluation Form 2019 PAGE | 64a
Commonwealth Secretariat CCAICACB CAYMAN ISLANDS
5th ANNUAL COMMONWEALTH CARIBBEAN ASSOCIATION OF INTEGRITY COMMISSIONS AND ANTI-CORRUPTION BODIES (CCAICACB) CONFERENCE 3 - 7 June 2019 Grand Cayman Marriott Beach Resort
EVALUATION FORM
1. What is your general assessment of the way logistics were organised?
□ Excellent □ Good □ Adequate □ Poor
Comments:______
______
2. What is your assessment of the programme content?
□ Excellent (complete, well balanced) □ Good (some modifications needed) □ Adequate (needs major adjustment) □ Poor (needs re-structuring)
Comments: (what would you like to have seen included in the sessions)
______
______
3. In your opinion were the objectives and expectations of the Conference met?
Comments:______
______
4. Can all the critical areas presented and discussed, giving you a clear understanding of Integrity Commissions and Anti-Corruption Bodies, be applied in your country?
□ Yes □ No □ To Some Extent
Comments:______
______PAGE | 64b Commonwealth Secretariat CCAICACB CAYMAN ISLANDS
5. What are you take-aways from the Conference?
Comments:______
______
______
6. What is your overall rating of the Conference?
□ Excellent □ Good □ Adequate □ Poor
Comments:______
______
7. What follow-up action(s) or suggestions would you like the Commonwealth Secretariat to do after the Conference?
Comments:______
______
______
8. Select one or two countries you would like to benchmark after the Conference?
Comments:______
______
______
9. Please give your overall impression of the Conference.
Comments:______
______
______
Many thanks for taking time to provide your feedback. APPENDIX 25| DIRECTORY OF REGIONAL PAGE | 65 ANTI-CORRUPTION AGENCIES
Directory of Regional Anti-Corruption Agencies PAGE | 65a
Anti-Corruption Agencies/Financial Intelligence Entities Name of Agency/Body Head of Address Email Contact Number Agency/Body Antigua Office of National Drug Director Lt Col. Edward H. Croft Camp Blizard [email protected] +1 (258) 562-3255/6/7 and Money Laundering P.O. Box W827 Control Policy St. Georges +1 (268) 460-7390/91 Antigua Financial Services CEO Ms Brenda Sheppard Royal Palm Place [email protected] +1 (268) 481-3300 Regulatory Commission Friar’s Hill Road St. John’s Antigua Royal Antigua Police Force Acting Commissioner Mr Atlee Rodney Police Headquarters, American [email protected] +1 (268) 462- 0125 of Police Road, St. John’s, Antigua [email protected]
Integrity Commission Chairman of Integrity Mr Radford Hill Long Street [email protected] +1 (268) 562-5515 Commission St. John’s Antigua Bahamas Public Disclosure Office Chairman Mr Myles LaRoda
Belize Integrity Commission Chairperson Ms Deshawn Arzu Torres integritycommissionbze@gmai l.com; [email protected] om Integrity Commission Member Ms Lisbeth Novelo [email protected]
Cayman Islands Royal Cayman Islands Commissioner of Mr Derek Byrne P.O. Box 909 [email protected] +1 (345) 244-2900 Police Service Police Grand Cayman KY1-1103, +1 (345) 949-4222 Cayman Islands Anti-corruption Chairman Mr Richard Coles 2nd Floor Artemis House, info@anticorruptioncommissio +1 (345) 244-3685 Commission Cayman 67 Fort Street, n.ky 1
PAGE | 65b
Islands P.O. Box 391, Grand Cayman, KY1-1106, Cayman Islands Financial Reporting Director Mr R. J. Berry 133 Elgin Ave., 4th Floor [email protected] +1 (345) 945-6267 Authority Government Admin. Building, financialreportingauthority@g P.O. Box 1054, ov.ky Grand Cayman KY1-1102, Cayman Islands Commission for Standards Chairperson Mrs Rosie Whittaker-Myles 2nd Floor Artemis House, info@standardsinpubliclifeco +1 (345) 244-3685 in Public Life 67 Fort Street, mmission.ky P.O. Box 391, Grand Cayman, KY1-1106, Cayman Islands Dominica Chairman Integrity Commission Mr Dermot Southwell Commissions Building integritycommission@dominic +1 (767) 266-3436/3494 of Dominica 30 Cross Street a.gov.dm Roseau Commonwealth of Dominica Assistant Superintendent Financial Intelligence Mr McKelson Ferrol 47 Field's Lane [email protected] +1 (767) 266 3349 of Police Unit Roseau Commonwealth of Dominica Jamaica Commissioner of Police Major General Mr Antony Anderson, CD, 101-103 Old Hope Road, Kingston 6 [email protected] +1 (876) 927-4421 ADC, JP +1 (876) 927-4939 Counter Terrorism & Senior ACP Fitz Bailey Shop 68 Ocean Boulevard, Kingston, - +1 (876) 922-7052 Organised Crime Superintendent of Jamaica Investigation Branch Police (CTOC) Financial Investigations Chief Technical Mr Robin Sykes 1 Shalimar Avenue, Kingston 3 [email protected] +1 (876) 928-5141 Division (FID) Director Integrity Commission Chairman Hon Mr Justice (Ret'd) Karl 16 Oxford Road, Kingston 5; [email protected] +1 (876)926-2288 Harrison 45-47 Barbados Avenue, Kgn. 5 +1 (876)929-6460 Major Organised Crime & Director General Colonel Desmond Edwards 7th Floor NCB Towers, 2 Oxford [email protected]. +1 (876)906-584 Anti-Corruption Agency Road, Kingston 5 jm +1 (876)948-9181 (MOCA) +1 (876)906-6318 National Integrity Action Executive Director Professor Trevor Munroe 2 Holborn Road, Kingston 10 [email protected] +1 (876) 906 4371 (NIA)
2
PAGE | 65c
Office of the Director of DPP Miss Paula Llewellyn, CD, QC King Street, Kingston [email protected] +1 (876) 922-6321-5 Public Prosecutions [email protected];
Revenue Principal Director/ Mr Cranston G. Morgan 1 Shalimar Avenue, Kingston 3 [email protected] +1 (876) 928-0256 Protection Division (RPD) Commissioner +1 (876) 967-3933 (Acting) +1 (876) 967-3504
Tax Administration Commissioner Mr Ainsley Powell PCJ Building (4th floor), 36 Trafalgar [email protected] +1 (876) 922-5905 Jamaica (TAJ) General Road, Kingston 10 Auditor General’s Auditor General Mrs Pamela Monroe Ellis Auditor General’s Department [email protected] +1 (876) 926-8309 Department 40 Knutsford Boulevard m Kingston 5 Jamaica W.I. Trinidad & Tobago Trinidad and Tobago Commissioner of Mr Stephen Williams (Ag. Corner Sackville and Edward [email protected] +1 (868) 623-8429 Police Service Police Commissioner) Streets, Port of Spain, Trinidad +1 (868) 612-0102 +1 (868) 627-6120 Anti-Corruption Senior Mr William Nurse (Ag Senior No. 3 Independence Square South, [email protected] +1 (868) 627-0735 Investigations Bureau Superintendent of Superintendent) Port of Spain, Trinidad and Tobago +1 (868) 223-2242 Police. Police Complaints Director Mr David West Level 24, Tower D, Waterfront [email protected] +1 (868) 226-4722 Authority Complex, No. 1 Wrightson Road, +1 (868) 627-4383 Port of Spain, Trinidad and Tobago Integrity Commission Chairman Mr Justice (Ret’d) Melville Level 14, Tower D, Waterfront registrar@integritycommission +1 (868) 624-5415 Baird Complex, No 1 Wrightson Road, .org.tt +1 (868) 624-4736 Port of Spain, Trinidad and Tobago Director of Public Director of Public Mr Roger Gaspard, Senior Winsure Building, No. 24-28 [email protected] +1 (868) 225-4377 Prosecutions Prosecutions Counsel Richmond Street, Port of Spain, +1 (868) 623-7532 Trinidad and Tobago Financial Intelligence Unit Director Ms Suzanne Francois Level 25, Tower D, Waterfront [email protected] +1 (868) 625-8351 Complex, No 1 Wrightson Road, Port of Spain, Trinidad and Tobago Grenada Integrity Commission Chairman Lady Anande Trotman-Joseph Integrity Commission, Archibald office@grenadaintegritycomm +1 (473) 439-9212 Avenue, St. George's ission.org [email protected] Ministry of Legal Affairs Attorney General & Sir Lawrence A. Joseph Ministry of Legal Affairs, H.A. Blaize [email protected] +1 (473) 435-2962
3
PAGE | 65d
Chair of Anti-Money Street, St. George's [email protected] Laundering and Combating Terrorism Financing Commission Office of the Director of Director of Public Mr Christopher Nelson Office of the Director of Public [email protected] +1 (473) 435-5566 Public Prosecutions Prosecutions Prosecutions, Church Street, St. om George's Police Headquarters Commissioner of Mr Edvin Martin Police Headquarters, [email protected] +1 (473) 440-3499 Police (Ag) Fort George, St. George's Financial Intelligence Unit Head Superintendent Tafawa Pierre Financial Intelligence Unit, Financial [email protected] +1 (473) 435-2374 Complex, Carenage, St. George's [email protected]
Accountant General Accountant General Ms Quinta Charles Accountant General Division, [email protected] +1 (473) 440-2294 Division, Ministry of Ministry of Finance, Financial Finance Complex, Carenage, St. George's Office of the Ombudsman Ombudsman Ms Allison Audain-Miller Office of the Ombudsman, [email protected] +1 (473) 435-9315 Public Workers Union Building, Tanteen, St. George's Transparency Action Chairperson Ms Dawn De Coteau Transparency Action Grenada [email protected] +1 (473) 457-5855 Grenada c/o Law Office of Evette John Cherry Hill, St George’s Audit Department Director of Audit (Ag) Mr Francis Hosten Audit Department, [email protected] +1 (473) 440-2264 Mt. Wheldale, St. George's Procurement Unit Chief Procurement Mr Terrance Victor Procurement Unit, [email protected] +1 (473) 440-2731 Ministry of Finance Officer Ministry of Finance, Financial Complex, Carenage, St. George's Guyana Integrity Commission And Chairman Mr Kumar Doraisami 74, Church Road & Fifth Avenue, integrity_commission@yahoo. +1 (592) 227-3576 Anti-Corruption Bodies Of Subryanville com Guyana Georgetown Guyana State Asset Recovery Director Dr. Clive Thomas c/o Ministry of the Presidency, [email protected] +1 (592) 227-7017 Agency Shiv Chanderpaul Drive, Bourda, Georgetown Guyana 4
PAGE | 65e
Financial Intelligence Unit Director Mr Matthew Langevine Financial Intelligence Unit, [email protected] +1 (592) 223-7234 Main & Urqhuart Streets, North Cummingsburg, Georgetown Guyana Special Organised Crime Head of Special Mr Leslie James - Assistant Camp Road, [email protected] +1 (592) 225-3084 Unit Organised Crime Unit Commissioner of Police Eve Leary, +1 (592) 225-3079 Georgetown Guyana Police Force Commissioner (ag) Mr David Ramnarine Office of the Commissioner, [email protected] +1 (592) 226-2487/8 (Assistant Commissioner) Guyana Police Force Headquarters, y Eve Leary, Georgetown Guyana Saint Kitts & Nevis St. Kitts-Nevis Chairman Mr Damien Kelsick Kelsick & Wilson www.kwfonline.com +1 (869) 465-2440 Integrity Commission Attorney-at-law [email protected] +1 (869) 465-2645 Saint Lucia Integrity Commission Chairman Pastor Sherwin Griffith Hewannorra House [email protected] +1 (758) 452-4093 Trou Garnier [email protected] +1 (758) 468-2187 Secretary Ms Jean Morille Pointe Seraphine +1 (758) 484-7008 Castries +1 (758) 451-7479 Saint Lucia Permanent Secretary Permanent Secretary Mrs Elizabeth Bailey 1st Floor, Sir Stanislaus James Bldg [email protected] +1 (758) 468-3600/15 Ministry of Home Affairs, The Waterfront Fax: +1 (758) 456-0228 Justice and National Castries Security Saint Lucia Financial Services Director Mr John Calixt Leon 6th Floor Francis Compton Bldg. The [email protected] +1 (758) 468-2990 Regulator Authority Waterfront [email protected] +1 (758) 468-2999 Castries Fax: +1 (758) 451-7655 Saint Lucia Director of Public Director Mr Daarsrean Greene Hebah Centre [email protected] +1 (758) 468-3017 Prosecution Cnr. Micoud & Bourbon St. +1 (758) 468-3008 Castries Fax: Saint Lucia Attorney General Attorney General Mr Stephen Julien 2nd Floor Francis Compton Bldg. The [email protected] +1 (758) 468-3200 Waterfront Fax: +1 (758) 458-1131 Castries
5
PAGE | 65f
Saint Lucia Commissioner of Police Mr Severin Monchery Police Head Quarters [email protected] +1 (758) 456-3702 Bridge Street [email protected] Castries Saint Lucia Financial Intelligence Director Mr Paul Thompson No.3 Mongiroud Street [email protected] +1 (758) 451-7126 Authority Castries Saint Lucia Turks & Caicos Islands Turks and Caicos Islands Director Mr Greg Christie Franklyn Missick’s Building, Director@integritycommission +1 (649) 946-1941 Integrity Commission Church Folly, Grand Turk, .tc +1 (649) 941-7841 Turks and Caicos Islands, +1 (649) 338-3331 TKCA 1ZZ Director of Public Director Public Ms Jillian Williams Rialeigh House, Gracebay Plaza [email protected] +1 (649) 338-3292 Prosecution Office Prosecution Leeward Highway, [email protected] +1 (649) 338-4295 Providenciales, +1 (649) 338-4295 Turks and Caicos Islands Elections Office Director Mr Dudley Lewis Southbase Grand Turk, [email protected] +1 (649) 338-2301 Turks and Caicos Islands Complaints Commission Complaints Mr Paul Harvey Tony Clarke’s Building [email protected] +1 (649) 338-2927 Commissioner Waterloo Rd c Grand Turk Turks and Caicos Islands Human Rights Human Rights Ms Sabrina Green Cabot House, Suite C 104 [email protected] +1 (649) 941-5343 Commission Commissioner Providenciales, Turks and Caicos Islands National Audit Chief Auditor Anand Heeraman Level #3, [email protected] +1 (649) 338-7663 Department RBC Bank Building, Leeward Highway, Providenciales, Turks and Caicos Islands Royal Turks and Caicos Commissioner James Smith Police Headquarters [email protected] +1 (649) 941-4448 Islands Police Force Bld 26A, old airport road Providenciales Financial Intelligence Director Mr Dwayne Baker 201 & 202 Cabot House [email protected] +1 (649) 941-7691 Agency Leeward Hwy. Providenciales Turks and Caicos Islands 6
PAGE | 65g
Attorney General’s Hon Attorney Rhondalee Braithwaite- Waterloo Plaza, [email protected] +1 (649) 338-3282 Chambers General Knowles Waterloo Road, Grand Turk, Turks and Caicos Islands Commonwealth Secretariat – UK Commonwealth Secretary The Rt Hon The Patricia Janet Scotland Marlborough House secretary- +44 (0) 20 7747 6500 General Baroness Scotland of Pall Mall [email protected] Fax: +44 (0) 20 7930 0827 Asthal QC London SW1Y 5HX United Kingdom
7
APPENDIX 26| BIOGRAPHIES PAGE | 66
Biographies
Commonwealth Representatives
The Rt Hon Patricia Scotland QC
The Rt Hon Patricia Scotland QC took office as Secretary-General of the Commonwealth in April 2016. The Commonwealth is a family of 53 independent sovereign states, and home to 2.4 billion people. Building on the Commonwealth Advantage of shared inheritances, and similarities of law and administration, its members are committed to creating a more inclusive, sustainable, and resilient future for all.
The people and institutions of the Commonwealth work together through a broad range of intergovernmental, civil society, cultural and professional organisations committed to the shared values and principles of the Commonwealth Charter that cherish equality of opportunity and celebrate diversity.
In a career of firsts, Patricia Scotland is the first woman to hold the post of Secretary-General. Born in Dominica, she moved to the UK at an early age and was brought up in a large close-knit Caribbean family where she was taught the importance of hard work, education, pride in her heritage and the obligation to give back to the region of her birth and to the society in which she was raised. This ethos has guided her throughout her dynamic career in law, politics and public service.
A lawyer by profession, she became the first black and youngest woman ever to be appointed Queen's Counsel. She is the only woman since the post was created in 1315 to be Attorney General for England and Wales. She was also Attorney General for Northern Ireland.
Appointed to the House of Lords as Baroness Scotland of Asthal, she is Alderman for Bishopsgate Ward in the City of London and Chancellor of the University of Greenwich.
Dr Roger Koranteng
Dr. Roger Koranteng is the Adviser and Head, Public Sector Governance, for the Commonwealth Secretariat, making him the principal specialist responsible for the Public Sector Governance and Anti-corruption at the Commonwealth Secretariat. His responsibilities include the governance, anticorruption, and democratic and oversight institutions in all the 53 commonwealth countries.
Having established the vibrant Association of Anti-Corruption Agencies in Commonwealth Africa and the Caribbean, he conceived, midwifed and operationalised the Commonwealth Africa Anti- Corruption Centre in Botswana as a partnership between the Commonwealth Secretariat and Botswana Government. He also partnered with Grenada Integrity Commission and Department of Public Administration to establish a Regional Training Centre of Excellence in Grenada. Based on his impactful work over the years, Roger has been chosen as a winner of the 2018 Sheik Tamim Bin Hamad Al Thani International Anti-Corruption Excellence Award.
Dr Koranteng holds a PhD (Public Policy) from University of Birmingham, UK; an MA (Public Policy & Administration) from the Institute of Social Studies, the Hague, Netherlands; a Post-Graduate Diploma in Public Administration from GIMPA, Ghana; a Post-Graduate Diploma in Environmental Studies from the University of Oslo, Norway; and a BA (Hons.) from the University of Ghana, Legon. Dr Koranteng has published extensively on Governance and Anti-Corruption and has taken numerous assignments around the world. He has also worked as a facilitator and lecturer.
APPENDIX 26| BIOGRAPHIES PAGE | 67
Biographies
Speakers
Stacy de la Torre
Stacy de la Torre serves as the UNODC Regional Anti-Corruption Advisor covering Central America and the Caribbean with projects in over twelve countries in the region focused on corruption prevention, detection, prosecution and asset recovery.
Prior to joining the United Nations, Ms. de la Torre worked as a prosecutor for the U.S. Department of Justice (DOJ) investigating and prosecuting cases of corruption, narcotics trafficking and money laundering. She served for more than 10 years as the DOJ Attaché in Central America and as the Senior Legal Advisor and Attaché at the U.S. Embassy in Mexico City. Ms. de la Torre also served as the DOJ Legal Advisor in Nairobi, Kenya, as a prosecutor at the UN International Criminal Tribunal for the Former Yugoslavia and as the Senior Legal Advisor to the UN International Independent Investigation Commission in Beirut, Lebanon and The Hague, Netherlands.
James Lager
Jim Lager is the Deputy Ethics Counselor to the United States Government Accountability Office (GAO), and advises GAO on conflicts of interest, ethics, personal and organizational independence, and manages GAO’s ethics and “notice of interests” programs. Jim has substantial experience as a labour and employment lawyer, representing private and government clients in trial and appellate courts, and as an investigator in various contexts, including serving as a lead congressional investigator examining violation of US campaign laws. Jim is also an Adjunct Professor at the University of Maryland’s Robert H. Smith School of Business where he teaches ethics to graduate students, and a collaborator to Ethicalsystems.org, a non-profit organization that makes the world's best research available and accessible to anyone interested in improving ethical culture and behaviour.
A frequent speaker on behavioural ethics, Jim’s publications include “Professionalism and Ethical Leadership from the General Counsel's Suite” (2016), "Governments Demand Compliance, Ethics Demands Leadership” (2010), and "Overcoming Cultures of Compliance to Reduce Corruption and Achieve Ethics in Government" (2009). His essay: "Have a Problem with Compliance?" was awarded the H. George Frederickson Best Article Award by the American Society for Public Administration. Jim received a Juris Doctorate from American University in Washington DC, and a Master’s of Science in Organization Development from American University/NTL Institute for Applied Behavioural Science.
Professor Trevor Munroe
Professor Trevor Munroe is the Executive Director of National Integrity Action, Jamaica’s Chapter of Transparency International and since 2012 has been appointed an Individual Member of TI, one of only 30 globally and the only such from the Caribbean. He has produced National Integrity System country studies of Jamaica, the Caribbean, and the Turks & Caicos Islands. Professor Munroe has a distinguished record as an academic, in civil society advocacy and in public service. APPENDIX 26| BIOGRAPHIES PAGE | 68
As an academic, he has authored or co-authored 9 books on Caribbean democratic governance and received many awards. These include the Vice Chancellor’s Award for Excellence, the Mona Principal’s Award for research, 2 Fulbright Fellowships taken up at Harvard University in the United States and an Honorary Doctorate in Social Sciences from Florida International University, the first person from the English speaking Caribbean to receive such as award. After gaining a First Class Honours Degree and a Masters in Government from UWI, Dr Munroe was awarded the Jamaican Rhodes Scholarship and attained his PhD in Political Science from Oxford University.
In September 2013 Professor Munroe was the only person from the Caribbean invited to speak at the 110th Anniversary of the Rhodes Scholarships, celebrated at Oxford University. More recently, Professor Munroe was the only person from civil society organizations in the Caribbean invited by the European Union Ambassador to the United States to speak at the first ever EU and the Americas Conference held in Miami, Florida from November 15 – 16, 2018.
As a civil society advocate, Professor Munroe was instrumental as founder/co-founder of the Citizens Action for Free and Fair Elections (CAFFE), University and Allied Workers Union (UAWU), and the award-winning radio current development programmes. He has delivered keynote presentations in the Bahamas, Bermuda, Cayman, Guyana, Trinidad & Tobago, among other CARICOM States.
In the sphere of public service, Professor Munroe, on the nomination of then Prime Minister Patterson, served in Jamaica’s Senate for 10 years, championing legislation for greater transparency, accountability and good governance. He also served on the Executive of the Confederation of Trade Unions and the private sectors’ Think Tank in the 1990s. He has served as consultant to the USAID, UKDFID, the UNDP, UNESCO, the OAS, the Carter Centre and many other international bodies. He is currently a member of the Council of the “Partnership for a Prosperous Jamaica”, previously called “The Partnership for Jamaica”, now chaired by The Most Honourable Andrew Holness, ON, MP, and previously chaired by former Prime Minister, Portia 2 Simpson Miller. Previously, he served on Jamaica’s National Security Council on the invitation of then Prime Minister Golding.
In Jamaica’s 2015 National Honours, Professor Munroe was awarded the Order of Distinction, Commander Class (C.D.).
He is married to Ingrid, President and CEO of Excel Insurance Brokers of which he is also the chairman. His two children, Tarik and Kinshasa, each hold Masters Degrees in Human Resource Development.
Panellists and Moderators
RJ Berry
RJ Berry has been the Director of the Financial Reporting Authority since August 2016. Prior to that he was Head of Compliance at the Cayman Islands Monetary Authority (CIMA) for 12 years, and also served as Deputy Head for 2 years.
Mr. Berry also has 9 years of Private Banking and Investment Dealing experience, having worked for CIBC Bank & Trust Company (Cayman) Limited, Barclays Bank & Trust (Cayman) limited and Bank Vontobel Cayman prior to joining CIMA.
APPENDIX 26| BIOGRAPHIES PAGE | 69
Mr. Berry has a Bachelor of Business Administration, and is a Certified Anti-Money Laundering Specialist. He also holds the Canadian Securities Certificate and Series 7 Equivalency.
Derek Byrne
Appointed on the 1st. November 2016 Commissioner Byrne is responsible for the organizational effectiveness and governance of the Royal Cayman Islands Police Service.
Previous to this appointment, Commissioner Byrne served for 36 years with Ireland’s National Police Service, An Garda Siochana. In 2007 he was appointed to the rank of Assistant Commissioner and for the period 2008 to 2016 he served as Assistant Commissioner with responsibility for Special Crime Operations. In that role he had strategic, business and operational lead for serious and organised crime and international criminal investigations undertaken in that jurisdiction.
Commissioner Byrne holds an M.A. in Violence, Terrorism and Security received from Queens University, Belfast, Northern Ireland (2017). He holds a B.A. (Hons) degree in Police Management and has completed the Strategic Command Course at Bramshill Police Training College, U.K. and the National Executive Leadership Programme (NEI) for world police leaders at the FBI National Academy, Quantico, Virginia, USA.
Whycliffe 'Dave' Cameron
Whycliffe “Dave” Cameron was born on April 8th, 1970. Graduated from Kingston College in 1989.
Dave Cameron earned the Douglas Forrest Scholarship (Sponsored by Frank Rance) for Hotel Management in 1989, to pursue studies at the University of the West Indies—Nassau Campus, where he earned a Bachelor’s Degree, with First Class Honours.
In 1998 he graduated from the University of the West Indies with a Master’s of Science Degree in Computer-based Management Information Systems. Over the years, he has worked his way up in Finance to today being Founder and CEO of Infiniti Capital Jamaica Ltd.
An Experienced Leader skilled in Negotiation, Budgeting, Business Planning, Operations and Sports Management. Strong business development professional and well-rounded individual with a demonstrated history of performance in the Financial Industry.
Over 20 years of experience having worked with Dehring, Bunting and Golding in 1995 and being elevated to Vice President Treasury, Trading and Asset Management at Manufacturers Merchant Bank Limited in 2003 where he oversaw AUM of over $21B with an equity of over $1B at the time. Spent 3 years at Sterling Asset Management Ltd 2010-2013 and was instrumental in assisting the firm to double their capital in the 3 years and launch the Sterling Investments Ltd which is currently listed on the Jamaica Stock Exchange.
A member of the then, West Indies Cricket Board, now Cricket West Indies, since 2002 and during that time have served in various capacities before heading the organization in 2013 to 2019.
In 2013 we took over the leadership of West Indies Cricket that had an accumulated deficit of USD$5.8m and transformed it into a professional organization. Cricketers were now being employed and developed full time across the region and we had administrators employed in supporting roles. The result was the best individual ranking of most our players in decades which had started to translate into positive team results on the field.
Dave Cameron is an avid sportsman and enjoys squash and golf. He is married to Connie Cameron, with whom he has 4 children.
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Sophia Harris
Sophia-Ann Harris (nee Solomon), the founder of the firm Solomon Harris now part of Bedell Cristin, is a graduate of the Cayman Islands Law School and has a degree from the University of Liverpool, England. She received an award from the Chamber of Commerce and the Cayman Islands Bar Association for scholarly achievements.
Sophia was trained and practised with Hunter & Hunter (now Appleby) before leaving to establish Solomon Harris in 1997. The award-winning firm, Solomon Harris, has been consistently ranked as one of the top independent firms in the Cayman Islands and held an office in Zurich, Switzerland for over 6 years. Sophia’s specialties include banking, hedge funds and unit trusts, corporate and commercial law, trusts, immigration and all aspects of local licensing law. She is a well recognised corporate and immigration attorney and is listed in Lawyer Monthly’s ‘Leading Lawyer 100’ in the category of Banking and Finance for 2012. Sophia is also a full member of STEP.
Sophia served as the Chairwoman of the Immigration Appeals Tribunal from October, 2009 to September, 2013. She was Chairwoman for the Immigration Department’s Business Staffing Plan Board for 2 years and sat on the Immigration Review Team for 2007 to 2008 and 2013. Sophia has also served on the Board of Governors for the University College of the Cayman Islands and also served on the Board of Directors for the Special Economic Zones Authority from 2014 to 2016. Sophia is a past Chairwoman of the Board of Directors of the Butterfield Bank (Cayman) Limited and continues to sit on its Board of Directors. Sophia is a current member of the Cayman Islands Anti-Corruption Commission by appointment of H.E. the Governor of the Cayman Islands.
Sophia is a council member of the Cayman Islands Law Society and has sat as a council member of the Caymanian Bar Association. She is a Past President of the Rotary Club of Grand Cayman, serving as the first female president in the Cayman Islands and is a past Assistant Governor for the Rotary Clubs within the Cayman Islands. She is a Past President of the Chamber of Commerce and during her term with the Chamber she has addressed the United Nations on a number of occasions including the United Nations General Assembly on constitutional matters for the Cayman Islands.
Wavell Hinds
He was born on New Cross Road, Fletcher's Land, Downtown Kingston, Kingston, Jamaica. The second of five children for his parents. He grew up in Portsmouth, Portmore, St. Catherine and attended the Rehoboth Basic School in 1979 then on to Independence City All Age (now Primary) in 1983, before advancing to Camperdown High School after sitting and passing the Common Entrance Examination in 1988. While at Camperdown he participated in cricket and football at the U14, U16 and U19 levels in both sports. He was named captain at all levels in cricket (Junior Colts, Colts and Sunlight Cup) and in football (U14, Colts and Manning Cup). While at Camperdown he also become a member of Kensington Cricket Club (1990) and played Minor, Junior and Senior Cup cricket. He captained the Minor Cup Team in 1991 and 1992 and was named captain of the Senior Cup Team from 2002 to 2009. He's presently still active and is the Junior Cup captain. As a strong community man, he started represented Portsmouth in community cricket in 1988 in the Portmore Cricket League and it still an active member of the today. He's also the Ambassador for the Portmore Cricket League a position he has held since 2004.
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Through his outstanding performances at the high school and club levels he was selected to represent the Jamaica U19 Team (1994-96) for which he was named vice captain in '95 and captain in '96 respectively. His performances for the Jamaica U19 team also earned me a place on the West Indies U19 in 1995 to Pakistan and Bangladesh and 1996 Home Series as well. He made his First Class debut for the Jamaica Senior Men's Cricket Team in 1996. He matriculated to the University of Technology from Camperdown High School six (6th) form in September 1996 and took a leave of absence in September of 1997 to pursue his professional career in cricket. He immediately made the West Indies 'A' Team to tour South Africa in 1997 and in 1998 to tour Bangladesh and India. He made his One Day International (ODI) debut in 1999 in Singapore versus India and his Test debut in 2000 versus Zimbabwe in Trinidad and Tobago. He was a member of the West Indies Champions Trophy champion team in 2004 in England. Additionally, he's a member of numerous champion teams for Jamaica in Regional Cricket namely, 1999 One Day champions, 2000, 2002, 2005, 2008, 2009, 2010 and 2011 4Day Regional champions. He had the distinct honour of leading the Jamaica Team between 2005 to 2007. He represented the West Indies from 1999 to 2010 scoring five (5) centuries and fourteen (14) half centuries and five (5) Test centuries and fourteen (14) half centuries in both ODI and Test cricket respectively. He also represented Jamaica from 1996 to 2011 scoring numerous centuries and half centuries before he retired in April of 2011. During his professional career he also represented Derbyshire County Cricket Club in England between in 2008 and 2009. After retiring from professional cricket in 2011, he immediately got enrolled at The University of the West Indies Mona Campus pursing a Bachelor of Arts degree in Media and Communication (2011-14) for which he graduated with honours. In 2016, he again got enrolled at The University of the West Indies, this time at the Open Campus, where he successfully pursued his master's degree in Management Studies with specialization in Human Resource Management.
Adam Huckle
Adam is a member of the Maples Group's Financial Services Regulation and Dispute Resolution & Insolvency teams, and regularly represents retail and investment banks, trustees, investment funds and other financial institutions. He has a broad range of litigation experience, with an emphasis on complex, multi-jurisdictional matters involving banking, finance, investment funds, company law and trusts disputes. Adam's regulatory practice has a particular focus on economic sanctions, but also includes advising on anti-corruption and bribery, cross border conduct of business, duties of confidentiality, licensing, record retention and information exchange. He regularly appears in the Grand Court and Court of Appeal of the Cayman Islands, and has authored a number of chapters and articles for journals such as International Corporate Rescue, Global Legal Insights, International Corporate Legal Guides and Practical Law, including with respect to anti-corruption, bribery and other financial crime.
Adam joined the Maples Group in 2011 from Hogan Lovells International LLP in London, UK, where he was an associate in the Investment Banking, Funds Litigation and Dispute Resolution group. During his time there Adam was seconded to Group Litigation at Barclays Plc in London, UK.
BAR ADMISSIONS 2007 – Admitted as a solicitor of the Senior Courts of England and Wales (not practising) 2011 – Admitted as an attorney-at-law in the Cayman Islands
EDUCATION BPP, UK, Legal Practice Course (Distinction), 2005 BPP, UK, Graduate Diploma in Law (Commendation), 2004 University of Bristol, UK, BA (Hons) First Class, English Literature, 2003
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Candia James-Malcolm
Ms Candia James-Malcolm is the Assistant Director of Public Prosecutions in the Cayman Islands.
Ms James-Malcolm received her Bachelor of Laws from the London School of Economics and Political Science in 2000. Thereafter she pursued the Bar Vocational Course at the Inns of Court School of Law as a member of the Honourable Society of Lincoln’s Inn. She was admitted to the Bar of England and Wales in 2001.
She returned to her native Trinidad and Tobago and was admitted to the Bar in Trinidad and Tobago in 2002.
She joined the Office of the Director of Public Prosecutions in Trinidad and Tobago in 2002 and remained there until 2008 whereupon she joined the Ministry of National Security as Legal Adviser.
Ms James-Malcolm joined the Office of the Director of Public Prosecutions in November 2009 as Crown Counsel. She was appointed as Senior Crown Counsel in January 2017 and then as Assistant Director in July 2018.
She is currently acting in the role of Deputy Director of Public Prosecutions. She prosecutes a wide range of serious and complex matters in the Summary Court, Grand Court and the Court of Appeal of the Cayman Islands.
Nick Kedney
Nick is a Forensic Partner in the Financial Advisory practice, and leads the Discovery & Forensic Technology service line for Deloitte in the Caribbean and Bermuda. He specializes in the investigation of international commercial fraud, corruption, money laundering and asset recovery. He serves clients throughout the Caribbean and Bermuda region.
Nick has over 20 years’ experience in large scale & complex forensic/fraud investigation, asset recovery and Discovery work; He has extensive experience of serious and complex multi- jurisdictional fraud litigation. Specific experience includes:
Leading complex and high value forensic investigations into fraud and corruption, involving large volumes of transactional and communication data in industries such as financial services and petrochemicals; Providing litigation support on financially complex and highly contentious cases; Providing technology consulting services to law enforcement and regulatory agencies; Expertise in data analytics, visual investigative and network analytics and the deployment of analytics in forensic investigations; Investigation of offshore trust and corporate structures, international business corporations and bearer securities used to launder, conceal and protect misappropriated assets. Business intelligence investigations, including the deployment of sophisticated open source, internet and social media research techniques to identify assets and beneficial ownership Asset-tracing and recovery actions.
Academic Credentials: University of Wales, Bachelor of Arts; University College London, Master of Science; College of Law, England & Wales, Post Graduate Diploma in Law
Professional Credentials: Barrister, England & Wales (Non-practising); Certified Fraud Examiner (CFE)
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Cheryl Ann Neblett
Miss Cheryl Neblett is the First Legislative Counsel of the Government of the Cayman Islands, a country where she has lived and worked since 1995. Miss Neblett is an attorney-at-law of more than 30 years call, having been called to the Bar in Barbados in October 1988. She is a graduate of the Faculty of Law of UWI and the Hugh Wooding Law School. Miss Neblett holds an Upper Second Class Honours Bachelor of Laws degree, a Legal Education Certificate, a Master’s in Public Law and Legislative Drafting and an Executive Certificate in Global Leadership.
Prior to being First Legislative Counsel Miss Neblett was the first Director of the Law Reform Commission of the Cayman Islands, a post which Ms. Neblett held for 12 years. Miss Neblett continues to work for the Commission as a Legislative Counsel of the Portfolio of Legal Affairs and she is a contributor to the Law Review of the Truman Bodden Law School of the Cayman Islands. She is also currently a member of the Working Group for National Maritime Strategy and III Code Compliance and a member of a Maritime Strategy sub-committee on the regulation of domestic commercial vessels.
Miss Neblett is an overseas member of the Bar Association of Barbados, a member of the Institute of Public Administration of Canada, the Commonwealth Association of Legislative Counsel and the Commonwealth Lawyers’ Association.
While in the Legislative Drafting Department and in the Law Reform Commission Miss Neblett has drafted legislation and, in some cases, discussion and issue papers, relating to a wide range of matters including financial and financial services legislation, pensions, immigration, customs and border control, family law reform, health insurance, contingency fee agreements, arbitration, criminal law, anti-corruption, protection of whistle-blowers, plea deals, terrorism, anti-proliferation, timeshares, strata titles and residential tenancies, to name a few.
Steven Richardson
Steven Richardson is currently the lead investigator for the International Cricket Council’s Anti- Corruption Unit. He is responsible for coordinating investigations into corruption and match fixing in international cricket and for coordinating investigations in domestic cricket where they cross jurisdictions. In his role he has dealt with players, coaches and other Participants for corrupting cricket while also interviewing and disrupting corruptors threatening the integrity of the game. As well as investigating media stings alleging corruption in cricket he recently completed a 5 month spell in Sri Lanka to combat corruption in Sri Lanka cricket and support the local cricket board.
Prior to working in cricket Steve was a senior detective in London’s Metropolitan Police where he led a murder team investigating 40 murders. He also led teams that investigated serious and organized crime from drug trafficking to international firearms smuggling.
Hector Robinson QC
Hector Robinson QC is the Cayman Islands Litigation Practice Group Head for international offshore law firm, Mourant. He has more than 28 years' experience as a civil and commercial litigator and was appointed Queen's Counsel in February 2017. He is recognised as a thought leader, trusted adviser and first port of call for many local and international clients and intermediaries. He regularly appears as an advocate before the Cayman Islands Grand Court and Court of Appeal.
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Hector's work is now primarily focused on advising and representing trustees, settlors and beneficiaries in complex cross-border trust and estate disputes. His practice also covers regulatory investigations, fraud and asset tracing, receiverships, contentious property disputes and cross- border employment advice. He speaks regularly at professional conferences and seminars and has written articles published in prestigious and widely read publications such as Solicitors Journal, New Law Journal and PLC.
He has, on a number of occasions, been accepted and relied on as an expert on Cayman Islands law by United States state and federal courts.
Hector is the Chairman of the Cayman Islands Law Reform Commission and a member of the Chairmanship Panel of the Disciplinary Tribunal of the Cayman Islands Institute of Professional Accountants.
Following a long career as a competitive club cricketer, Hector is now the President of Cayman Cricket, the national governing body for cricket in the Cayman Islands.
Sean Theron
Sean has more than 15 years of experience with data analysis, forensic investigations, fraud investigations, the development of complex technology and eDiscovery solutions as well as cybersecurity. Experience includes addressing multimillion dollar disputes on matters including valuation support, financial misstatements, corruption, intellectual property, embezzlement, fraud and employee termination.
Sean joined KPMG in 2017 as the Principal for E-Discovery and Foresnic Technology Services for KPMG Cayman Islands. Sean is also responsible for E-Discovery and Forensic Technology Services for the KPMG Islands Group.
Sean has performed more than 500 collections to date. Sean was the co-lead on the largest forensic Electronically Stored Information (“ESI”) project in the Caribbean, which involved circa 2,700 pieces of media equating to 370 TBs of data.
Sean has authored and co-authored numerous submissions to court and provided expert testimony in court, as well as authoring a number of though-leadership pieces.
Software experience includes: Database and Analytics – Relativity; Summation; Concordance; Pre- discovery Law; and Forensics – Encase; FTK; FTK Imager; Encase; X-Ways; Paladin; Macquisition; Nuix; RoboCopy; Rsync; Oxygen forensics Suite.
Sector experience – funds, insurance, financial services, industrial services, government.
Sue Winspear
Sue Winspear started as the Auditor General of the Cayman Islands in July 2016. Prior to that Sue, was Executive Leader Local Services with the UK’s National Audit Office from January 2014. Sue was a NAO executive board member and part of the senior leadership team and held specific responsibility for the NAO’s work on local government, education and health as well as communications and external relations.
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Between 2009 and 2014, Sue was a UK Senior Civil Servant being Director General Civil Service Reform in the Cabinet Office, Director General Finance & Corporate Services in the Department for Communities and Local Government and before that in the Department for Education. Sue’s earlier career was in English Local Government where she held several Board level roles.
Sue is an Executive Committee Member for CAROSAI (Caribbean Region of Supreme Audit Institutions) and represents CAROSAI at INTOSAI’s (the International Organization of Supreme Audit Institutions) Capacity Building Committee. Prior to leaving the UK, Sue was an elected member of CIPFA Council and she has held numerous honorary roles over the years, notably being elected the first female President of the Society of Municipal Treasurers in 2005/06.
Delegates
Helen Ambo
Ms. Ambo has been the Secretary of the Integrity Commission of Dominica since 2010, and has supervised the transition of the Commission from a seven member to a three member one. She is qualified in Business Administration and Paralegal Studies and is a teacher by vocation.
Justice (Ret'd) Melville Baird
Justice Melville Baird had a legal career. He practiced as a Barrister-of Law and was then appointed Magistrate of Trinidad & Tobago. Later Promoted to Senior Magistrate, he was thereafter appointed Chief Magistrate of Trinidad & Tobago.
Justice Baird was then appointed High Court Judge of the Supreme Court, and on his retirement was appointed International Judge by the General Assembly of the United Nations. He presided at the International Criminal Tribunal for the former Yugoslavia in The Hague, for seven years. There he tried cases of war crimes, crimes against humanity and genocide committed during the war in Bosnia and the war in Kosovo.
On his retirement as International Judge, Justice Baird returned to Trinidad and was subsequently appointed Chairman of the Integrity Commission, a position he currently holds.
Rosemary Benjamin-Noble
Rosemary Benjamin-Noble was appointed as a member of the Commission in February, 2018, and is a West Indian trained Attorney-at-Law. She currently holds the position of Senior Manager, Legal & Compliance at Citizens Bank Guyana Inc. Mrs. Rosemary Benjamin- Noble possesses a Master's Degree in International Education. She currently serves as the Deputy Chairperson on the Rights of the Child Commission, and supports the endeavours of organizations which focus on the betterment of women and children. She has served in various capacities in other organisations.
Greg Christie
Greg Christie is the Director of the Turks and Caicos Islands Integrity Commission. He is a former Contractor General of Jamaica and the former UK-DFID-supported Consultant and Principal Advisor to Transparency International’s Jamaica arm, NIA.
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An Attorney by profession, Mr. Christie was previously a Country Director, and the Global Commodities Business Unit Vice President and Assistant General Counsel for the Kaiser Aluminum and Chemical Corporation, with which he worked for 13 years. He has also served for 10 years as a University of the West Indies Law Director and Lecturer in Corporate, Insurance, Criminal and International law, and for 3 years as a Tutor in Insurance, Banking, Credit and Securities Law at Trinidad’s Hugh Wooding Law School. Mr. Christie has consulted with the UN-ECLAC and Air Jamaica, among other institutions, in governance, anticorruption, and international commercial law.
Mr. Christie is the holder of the LL.B. Degree from the UWI, the LL.M. Degree in Corporate, Insurance, Air and Space Law, and Law of the Sea, from the University of London, and the L.E.C. from the Hugh Wooding Law School. He holds business executive development certifications and has completed programmes at the Haas Business School, University of California at Berkeley, and the Darden Business School, University of Virginia. Mr. Christie has also received Anti-Corruption, Governance and Law Enforcement training in Singapore, and from the Commonwealth Secretariat, the U.S. State Department, Scotland Yard, UN-ODC, and the Regional Anti-Corruption Academy for Latin America and the Caribbean. He has participated in and/or made presentations at leading Anti-Corruption, Governance and Law-Enforcement events in Europe, Asia, Latin America, UK, the USA and the Caribbean. Mr. Christie is a Jamaica Government and UWI Post-Graduate Law Scholar. He has worked, studied and/or resided in 9 Caribbean countries, the United States, England and Ghana.
Deirdre Clarke-Maycock
Deirdre Clarke-Maycock I am a Counsel and Attorney-at-Law in the Office of the Attorney General, where I have been engaged since 2004. During my tenure with the Attorney General’s Office, I have served as the Registrar of The Court of Appeal and the Registrar General of The Bahamas with responsibilities for the Companies, Intellectual Property, Deeds and Documents and the Birth Registries. I am the holder of a Bachelor of Law from the University of the West Indies and my Masters in International Maritime Law from the International Maritime Law Institute. Interest/Activities:
Member of the Bahamas Bar Association Member of St. Anne’s Anglican Church Women (ACW) Public Relations Officer, Bahamas Heart Association Reading, traveling and meeting people
Neil Coates
Neil Coates is a Director with Grant Thornton with more than +20 years of professional experience in assurance, tax, advisory and insolvency services. He has overall responsibility for Tax and Advisory services in Antigua and Barbuda, and Tax services in St. Kitts and Nevis.
Tax services include but are not limited to the filing of tax returns, review and analysis of tax assessments from the Tax Authorities, preparation of tax responses, tax planning, tax defence and other advisory services.
In terms of Advisory services, his main expertise and experience is in the areas of Due Diligence and Insolvency. He has been involved in several due diligence assignments across the hospitality and service sectors, most recently for a transaction exceeding US$80m. Over the last 15 years he has also managed a number of insolvencies in Antigua. His insolvency expertise extends across various entities and industries including both offshore (IBCs) and local financial institutions.
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He is considered to be one of Antigua’s foremost technical tax advisors based on his expansive knowledge of tax legislation and local tax planning practices. As such has influenced Government policy decisions related to personal income tax implementation in Antigua and Barbuda in 2005, the Antigua and Barbuda Sales Tax in 2007 and the Unincorporated Business Tax Act 2016 and subsequent amendments.
Neil is a member of the Institute of Chartered Accountants of Antigua and Barbuda and currently serves as the Treasurer and Vice-Chairman.
Education background & professional membership: B.Comm (Distinction) – McGill University, Quebec, Canada – 1994 Certified General Accountants’ Association of Canada in 1995 American Institute of Certified Public Accountants 1997 Member of the Institute of Chartered Accountants of the Eastern Caribbean
Deirdre Clarke-Maycock
Deirdre Clarke-Maycock I am a Counsel and Attorney-at-Law in the Office of the Attorney General, where I have been engaged since 2004. During my tenure with the Attorney General’s Office, I have served as the Registrar of The Court of Appeal and the Registrar General of The Bahamas with responsibilities for the Companies, Intellectual Property, Deeds and Documents and the Birth Registries. I am the holder of a Bachelor of Law from the University of the West Indies and my Masters in International Maritime Law from the International Maritime Law Institute. Interest/Activities:
Member of the Bahamas Bar Association Member of St. Anne’s Anglican Church Women (ACW) Public Relations Officer, Bahamas Heart Association Reading, traveling and meeting people
Kumar Doraisami
The appointed Chairman of the Integrity Commission began his tenure on February 22, 2018. His professional experience includes, but is not limited to, holding tenure of services as a former Magistrate, a retired Land Court Judge and a West Indian trained Attorney-at-Law. He is currently in private practice. Mr. Doraisami’s formal training includes but is not limited to: a three (3) year Diploma in Metallurgy and Materials Engineering Technology, a Bachelor of Science Degree from York University, Bachelor of Laws Degree and Certificate of Legal Education (Hugh Wooding Law School).
Dirk Harrison Dirk Harrison is currently the acting head of the Corruption Prosecution Division of the Integrity Commission.
Prior to that, he was appointed Contractor General of Jamaica by the Governor General of Jamaica, His Excellency the Most Honourable Sir Patrick Allen, on 25th February, 2013, where he performed the duties from March 1, 2013 to February 22, 2018.
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As the Independent Commissioner of the Office of the Contractor General of Jamaica, Mr. Harrison was entrusted with the exclusive statutory authority, on behalf of Parliament, to monitor and to investigate the award and termination of all Government contracts, licences and permits, with a view to ensuring probity, propriety, accountability, competition and transparency in the Jamaica public sector procurement, contract award and licensing processes. He was vested with extensive statutory quasi-judicial powers of investigation, enquiry, search, discovery and subpoena.
Prior to his appointment as Contractor General, Mr. Harrison, who is a Caribbean trained lawyer, was employed as a Deputy Director of Public Prosecutions at the Office of the Director of Public Prosecutions (Jamaica) with special responsibilities for the Anti-corruption Unit, Coroners Unit, the Environment Law Unit and he is one of the Government Experts for Jamaica for the implementation of the United Nations Convention Against Corruption Review Mechanism (UNCAC). Whilst at the Office of the DPP, Mr. Harrison also held positions as a part-time Lecturer at the Justice Training Institute of the Ministry of Justice and previously tutored at the Norman Manley Law School in Advocacy.
Before joining the Office of the Director of Public Prosecutions, Mr. Harrison worked as a Clerk of Courts in the Parish of St. Mary. Mr. Harrison has had extensive training in the fight against Fraud and Corruption, as well as Judicial and Prosecutorial Enhancement training.
Mr. Harrison is a graduate of Jamaica College and a former student of Excelsior Community College. He is the holder of a B.A. in History (Hons.) and a LL.B. (Hons.) Degree from the UWI and the C.L.E. legal professional qualification from the Norman Manley Law School.
Mr. Harrison has resided and worked professionally in Jamaica for 18 years and has been admitted as an attorney-at-law to practice in Jamaica.
Mr. Harrison is married to Diahann Gordon-Harrison, Children’s Advocate of Jamaica, with four beautiful children, Dirk, Liam, Milan and Bree.
Radford Hill
Mr. Radford Hill is the Senior Partner in the Firm of Hill & Hill of Long Street in the City of Saint John’s in the State of Antigua and Barbuda in the Caribbean. The Firm was established in 1984 as a Partnership between himself and his wife Cecile Hill.
Mr. Hill obtained a BA Degree from the University of the West Indies in 1974. In 1975, Mr. Hill migrated to London, England to continue his studies in law and was admitted into the Honourable Society of Lincoln’s Inn. Upon completion of his studies at the Bar, he was called to the Degree of an Utter Barrister in 1978. In 1979, Mr. Hill returned to Antigua and was admitted to practice at the Eastern Caribbean Supreme Court and has been in practice ever since. During that time, Mr. Hill has gained extensive experience in the field of commercial, corporate and investment Hill & Hill Attorneys-At-Law Notaries Public 2 law, banking, employment law and insurance. In addition he has advised a number of international corporate clients particularly in relation to the provision of offshore services.
Mr. Hill has held a number of public appointments in Antigua and Barbuda including Chairman of the Industrial Development Board, President of the Industrial Court, Attorney General and Minister of Justice and Legal Affairs, additional Magistrate, a member of the Constitutional Review
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Commission and was a member of the Task Force appointed by the Government to advise on the feasibility of a Citizenship by Investment Programme for Antigua and Barbuda and was instrumental in creating the legislative and institutional framework for the programme. In July, 2016, Mr. Hill was elected President of the Local Licensed Agents Association of Citizenship by Investment Program. On the 6th of October, 2014 he was appointed Chairman of the Integrity Commission by His Excellency the Governor-General of Antigua and Barbuda. He has held a number of directorships including Director of Finance and Development Company Ltd and the Hadeed Group of Companies. He is also a former Director for the regional airline service LIAT.
Mr. Hill writes and speaks fluent French.
Mr. Hill is married with three (3) children Arianne, Andre and Alexis.
Eugene Otuonye QC
Eugene Otuonye is the Director of Public Prosecutions of TCI. He is Nigerian and Caribbean trained Attorney - at - Law with more than 30 years of extensive legal practice in the public and private sectors in Nigeria and across the Commonwealth Caribbean. He has been a Queen’s Counsel since 2006. Prior to his current appointment as DPP of TCI in January 2019, Mr. Otuonye, served as the first substantive Director of the Turks and Caicos Islands (TCI) Integrity Commission from July 2011 until he demitted office on 30th of June 2018. He is also the immediate past Chairman of the regional anti-corruption body – the Commonwealth Caribbean Association of Integrity Commissions and Anti-Corruption Bodies. He demitted this office also in June 2018. Prior to these recent appointments, and in the period between 2004 and July 2011, Mr. Otuonye served as the Deputy Attorney General of TCI; the Attorney General of Monserrat; the Chairman of the TCI Public Service Commission and a member of the Advisory Council during the UK’s interim direct administration of the Turks and Caicos Islands.
Mr. Otuonye is a member of the International Bar Association and a Fellow of the Society of Advanced Legal Studies, IALS, University of London, among other Bar and Professional Associations.
Mr. Otuonye is married to Vivian, a Guidance Counsellor, and they have three adult males.
Tafawa Pierre
Superintendent Tafawa Pierre has over twenty seven (27) years of experience as a Police Officer with the Royal Grenada Police Force (RGPF). Throughout his career he received extensive training locally, regionally and internationally in general police work, criminal investigation, financial crimes investigation and instructional techniques.
In 2008, Mr. Pierre formed part of the team that was responsible for preparing Grenada for the examination by the Caribbean Financial Action Task Force (CFATF). He also attended the First Annual Conference of International Association of Anti-Corruption Authorities in Beijing, China, where he presented on special investigative techniques.
In 2009 he served as Officer Second In-charge and Divisional Commander for the Eastern and Western Division respectively of the Royal Grenada Police Force (RGPF).
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Between 2010 and 2012, Mr. Pierre was the Commandant of the RGPF Police Training School and was selected to chair the Practice Committee of the Regional Security Services (RSS) Training Institute, Barbados.
In 2013 he served as Staff Officer In-Charge of Training, Regional Security Services (RSS), Barbados.
At present, Mr. Pierre is the Head of the Financial Intelligence Unit (FIU) Grenada, a member of the Anti-Money Laundering (AML/CFT) Commission Committee and represents Grenada at several meetings and forums.
Cleophas Regobert
Mr. Regobert is a certified accountant by profession and has been in private practice for the past 35 years. He became a member of the Integrity Commission of St. Lucia in March 2018.
Mr. Regobert has served as president of St. Lucia Save the Children Fund (Lusave), as president of the Kiwanis Club of Castries, St. Lucia, as vice president of the Institute of Chartered Accountants of St. Lucia, and as chairman of St. Lucia National Lottery. He has and continues to serve on the Board of Directors of several companies and served as a member of the Public Utilities Commission of St. Lucia.
Mr. Regobert played squash and cricket, and is married with three daughters.
Robert Robinson
Mr. Robert Robinson has had a long and illustrious career in the Public Service in Grenada and Trinidad that spans over thirty years.
He served as a member of the Federation of the West Indies Civil Service in Trinidad, the Windward Islands Civil Service, headed by the Governor of the Windward Islands based in Grenada and the Grenada Civil Service. He was also a Director with the Employers Consultative Association of Trinidad and Tobago.
As a result of his expertise he was appointed as the Labour Adviser with the Government of Grenada and up to present is an Industrial Relations Consultant.
Mr. Robinson is an active and engaging person; this is evident in his extra-curricular activities. He served for ten (10) years in the following organisations:-
Treasure and subsequently President of the Grenada Civil Service Association (now named the Public Workers Union) Circuit Steward, Grenada Circuit of the Methodist Church in the Caribbean and the Americas Secretary, Grenada Cricket Association
Mr. Robert Robinson was one of the founding members of the Office of the Integrity Commission Grenada from its inception. Currently, he serves as the Commission’s Deputy Chairman. He was also a member of the inaugural Executive of the Commonwealth Caribbean Association of Integrity Commissions and Anti-corruption Bodies (CCAICACB) for two terms.
Mr. Robinson is married, and has three children and grandchildren.
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Deshawn Arzu Torres
Deshawn D. Torres was born and raised in Belize. She obtained her Bachelor of Laws (LL.B) (Hons) from the Cayman Islands Law School (University of Liverpool) in 2003 and completed the Bar Vocational Course at the Manchester Metropolitan University in the United Kingdom in 2004.
She is a founding partner at Mckoy Torres LLP in Belize where her main practice areas are contract, real estate, marital and family law with her having a keen interest in matrimonial and family law dispute resolution. Whilst Mrs. Torres has extensive litigation experience, she firmly believes that parties and their children benefit immensely when settlements can be arrived at without court intervention. As an arbitrator and certified family law mediator, she understands the needs of the parties and strategizes for an outcome that is favourable and in the best interest of all concerned.
Before starting her own practice, she worked as a litigator at Youngs Law Firm for 10 years where she represented individuals and companies in personal injury, real estate, matrimonial and property disputes and also advised and represented major oil retailers, and corporations in the areas of labour and contractual disputes.
She currently chairs the Integrity Commission of Belize, co-chairs the Social Security (Appeals) Tribunal and is a Director of the National Bank of Belize. She is a former Member of the Board of Trustees of the Association of Concerned Belizeans, Liquor Licensing Board (Belize District), and Trade Licensing Board (Belize District).
Mrs. Torres is active in various community based organizations committed to leadership and the empowerment of women.
Rosie Whittaker-Myles
Mrs. Whittaker-Myles is an attorney-at-law in private practice. She is a former partner in Charles Adams Ritchie & Duckworth’s litigation team and has over 17 years’ experience in civil and commercial litigation. Her wide range of expertise includes personal injury, employment, immigration, compulsory acquisition of land, trusts, wills, probate, (both contentious and non- contentious) and family law matters. She is a past Council Member for the Caymanian Bar Association. Mrs. Whittaker-Myles served as Chairperson of the Adoption Board and provided pro bono services for adoptions in the Cayman Islands for more than 13 years. She is a Legal Befriender, providing pro bono legal advice on all areas of Cayman Islands law, and serves as legal advisor to the National Council for Persons with Disabilities. Effective 1 February 2015 Mrs. Whittaker-Myles was appointed as Chairman of the Commission for Standards in Public Life for a four year term after which her appointment was renewed until 31 December 2019.
Franklyn Williams
Personal Date of Birth: 28/01/67 Nationality: Bahamian Marital Status: Married
APPENDIX 26| BIOGRAPHIES PAGE | 82
Employment and Professional Experience
November 2015 – To Present Office of The Attorney General Deputy Director of Legal Affairs Chair, Civil Litigation Division, Supervision of Legal Officers 2007 – 2015 Office of The Attorney General Deputy Director of Public Prosecutions 1999 – 2006 Office of The Judiciary Deputy Chief Stipendiary and Circuit Magistrate 1994 – 1995 Royal Bahamas Police Force Legal Advisor, Internal Legal Advisory Unit 1993 Office of The Attorney General Assistant Counsel
Certification and Training
2007 Certificate United States Patent and Trademark Office Global Intellectual Property Academy 1998 Master of Laws (International and European Legal Studies) University of Durham(United Kingdom) 1997 Certificate in Portuguese Certificate in German Grosvenor Academy 1994 Certificate in Conversational Creole The College of The Bahamas 1992 Legal Education Certificate Council of Legal Education, West Indies 1990 Bachelor of Laws The University of The West Indies 1985 Associate of Arts History The College of The Bahamas
Additional Professional Experience
2008 – 2015 Mechanism for Follow-Up of The InterAmerican Convention Against Corruption (MESICIC) Lead Expert/Examiner, Bahamas. 2012 – 2015 Conference of State Parties, United Nations Convention against Corruption (UNCAC) Representative/Examiner, Bahamas.
APPENDIX 27| ACKNOWLEDGEMENTS PAGE | 83
Acknowledgements
This conference would not have been able to take place were it not for the dedication, hard work and volunteerism of the following individuals and entities, for which our sincerest thanks are offered.
His Excellency, Mr Martyn Roper OBE, Governor of the Cayman Islands. The Rt Hon The Baroness Patricia Scotland QC, Secretary General of the Commonwealth. Dr Roger Koranteng, Commonwealth Secretariat. Mr Dirk Harrison, CCAICACB Executive Chairman. Mrs Rosie Whittaker-Myles, Chairman, CI Commission for Standards in Public Life. Ms Jamie Ebanks, Spark! School of Performing Arts. Reverend Mary Graham, St George’s Anglican Church. Cayman Islands Cadet Corps. The Cayman Islands Government. The Members of the CI Commission for Standards in Public Life. The Staff of the Commissions Secretariat. The Staff of the Office of the Governor and Government House.
Electronic documents from the conference and other related material can be found online on the CSPL website: www.standardsinpubliclifecommission.ky/ccaicacb