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Anti-Corruption Tool Kit, Cicp 15 This Tool Kit is a draft and has been reproduced without formal editing. *_/ Anti-Corruption Tool Kit *_/ Prepared by the United Nations Global Programme against Corruption (GPAC), Centre for International Crime Prevention, Office of Drug Control and Crime Prevention, United Nations Office at Vienna. We express our sincere gratitude to members of the Expert Group Meeting held in April 2000. The list of experts can be found at the end of the Bibliography. Preface Statement of the Secretary-General of the United Nations, *_/ Mr. Kofi Annan “Corruption in the public sector threatens countries all over the world. It weakens democratic institutions, encourages organised crime, and undermines public services…. Member States take the threat of corruption very seriously and are ready to develop comprehensive strategies to combat it. These efforts must include initiatives to strengthen institutional and legal frameworks, establish rigorous law enforcement and public education programmes, and institute mechanisms for the return of assets derived from corrupt activities. Delegates at the 10th Session of the United Nations Commission on Crime Prevention and Criminal Justice… made it clear that the majority of anti-corruption programmes worldwide include many of these components, but they also stressed that much remains to be done. Delegates agreed that countries should employ an evidence-based approach to gauge the extent of corruption. This will provide leaders with the necessary information to form anti-corruption policies and furnish them with benchmarks to measure progress. Delegates also called for co-ordination of anti-corruption efforts by public and private institutions on the national and international levels, in order to ensure that the battle against corruption is both efficient and comprehensive. …Governments should eliminate regulations that generate opportunities for corruption, and establish system-wide standards that foster transparent decision- making. They should also explore ways of preventing transfers of illegally acquired assets. Because of the political and legal obstacles that confront such efforts, this issue could be addressed most effectively by an international legal instrument providing a common basis for sharing information, conducting investigations, tracing assets, overcoming bank secrecy, confiscating and repatriating assets, and extraditing offenders. Most importantly, all leaders must work to change the culture which accepts corruption as an ineluctable part of daily affairs, and to develop among young people a respect for, and expectation of, integrity in their public officials. All citizens should treat it as part of their civic responsibility to provide information on incidents of suspected corruption. But before this can happen, the public must have ready access to information, and ‘whistle-blowers’ must be protected by law. …We, the United Nations, believe that it is essential for all people to be able to trust their governments. …” *_/ Delivered on behalf of the Secretary General by Jan van Dijk, Director of the Centre for International Crime Prevention, Global Forum on fighting Corruption and Safeguarding Integrity, The Hague, 28-31 May 2001. Foreword There is increasing consensus that the elimination of corruption is not merely desirable as an element of sustainable development strategies, but that this is actually a necessary condition for promoting and achieving the international ideals of free markets, democracy, the rule of law and broad prosperity. This entails measures to combat corruption and promote integrity in both public and private sector activities. Corruption distorts economic decision making, deters investment, undermines competitiveness, and ultimately weakens economic growth. It also erodes critical functions with respect to the development of public policy, the democratic selection of governments and policies, the delivery of effective public services, and the development and application of rule of law structures. There is evidence that the social, legal, political and economic aspects of development are linked, and that corruption in any one sector therefore impedes development in all of them. Where corruption is tacitly accepted as a means of doing business, efforts to improve legal and regulatory frameworks and to establish integrity across public and private sector functions are unlikely to succeed. Conversely, where public and private sector structures such as the rule of law and transparency of proceedings fail to protect and treat fairly the various stakeholders, corruption may flourish. Table of Content I. GENERAL INTRODUCTION.......................................................................................... 1 ABOUT THE TOOLKIT ........................................................................................................................... 1 USING THE TOOL KIT .......................................................................................................................... 3 Initial assessment......................................................................................................................... 4 Ongoing assessment .................................................................................................................... 4 The methodology of assessment (Tools #1 and #2)..................................................................... 4 Who may use the tools ................................................................................................................ 5 Resources required ...................................................................................................................... 5 THE MEANING OF “CORRUPTION” AND A SURVEY OF COMMON FORMS OF CORRUPTION .................... 5 LESSONS LEARNED AND THE CONSTRUCTION OF ANTI-CORRUPTION STRATEGIES ............................ 11 Lessons learned ............................................................................................................................... 11 The construction of anti-corruption strategies: an integrated approach......................................... 13 Common basic elements of anti-corruption strategies............................................................... 13 An integrated approach to developing and implementing strategies ......................................... 14 CONCLUSION...................................................................................................................................... 16 TOOL 1 – ASSESSMENT OF THE NATURE AND EXTENT OF CORRUPTION............................................. 17 Purpose............................................................................................................................................ 17 Description ...................................................................................................................................... 17 Types of data or information to be sought................................................................................. 17 Methods of gathering data or information ................................................................................. 18 Preconditions and Risks .................................................................................................................. 21 TOOL 2- ASSESSMENT OF INSTITUTIONAL CAPABILITIES AND RESPONSES TO CORRUPTION ............. 22 Purpose............................................................................................................................................ 22 Description ...................................................................................................................................... 22 Determining which institutions require assessment and setting priorities ................................. 22 Assessment of institutions and institutional relationships. ........................................................ 24 Methods of gathering data or information for use in assessing institutions............................... 24 II. INSTITUTION BUILDING............................................................................................. 31 INTRODUCTION .................................................................................................................................. 31 A broad concept of “institution building” .......................................................................................31 The mechanics of institution building.............................................................................................. 33 Judicial Institutions ......................................................................................................................... 34 Institution Building in Local and Regional Governments................................................................ 35 TOOL 3 - SPECIALIZED ANTI-CORRUPTION AGENCIES....................................................................... 37 Should a specialized anti-corruption agency be established? ......................................................... 37 Ensuring the independence of specialized agencies ........................................................................ 37 Mandates of specialized anti-corruption agencies .......................................................................... 38 TOOL 4 – AUDITORS AND AUDIT INSTITUTIONS ................................................................................. 40 Purpose...........................................................................................................................................
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