Functions and characteristics of prevention of corruption agencies

							Hannes Hechler
Programme Coordinator
U4 Anti-Corruption Resource Centre




     Functions and characteristics of prevention of
     corruption agencies – UNCAC Articles 5 and 6
                      UNDP-Workshop on Programming
                    in support of Anti-Corruption Agencies

                       Bratislava, 30 June - 1 July 2009
Rationale

            • Existing ACA-literature
              little detail on UNCAC
            • Often focussing on
              specialised agencies
            • Need to identify
              institutional functions and
              mandates required in
              article 6
            • and what this means for
              states
Required functions

• Article 6 is intimately linked to article 5
• States are to ensure the existence of a body or
  bodies, as appropriate, that prevent corruption
• by such means as:
   – implementing
   – overseeing and
   – coordinating the implementation of anti-corruption
     policies;
• and to increase and disseminate knowledge
  about the prevention of corruption.
Preventive functions

•   Public Sector recruitment
•   Codes of conduct
•   Public procurement and financial management
•   Judicial integrity and independence
•   Private Sector accounting and auditing
•   Participation of society
•   Anti-Money Laundering
Overview of functions
AC-policies can take different forms:
• national ac-strategies,




                                                                                         Knowledge increase and dissemination
• sector policies, or
• core public sector reforms (PEMFA, civil service, judiciary, decentralisation, etc.)



 Implementation                      Oversight                    Coordination



       Actors:                           Actors
   Government units                depend on level:         Analysis Arm-length
   across the board                • Intra-institutional    Lessons
                                  • Cross-institutional    Remedies      Executive
                                       • National

                          Communication, guidance, training
Required independence

UNCAC stipulates that
• body or bodies are to be granted necessary
  independence
• and the necessary material resources and
  specialized staff

 to enable them to carry out its or their functions
  effectively and free from any undue influence
Independence revisited
Independence to be adapted to different functions

 Function                      Type of Independence
 Policy implementation         Mainly financial, some functional
 Coordinating implementation   Financial and functional
 Policy oversight:
     –Intra-institutional      Functional
     –Cross-institutional      Functional and financial
     –National                 Functional and financial, organisational
                               desirable
 Coordinating oversight        Financial and functional
 Knowledge management          Organisational and functional
                               desirable
Consequences for
institutional arrangements

• UNCAC does not call for ONE specialised agency
• Institutional arrangement needs to fit national
  context
• Where ACA present, it should not be
  overburdened
• Different institutions will have to be involved in the
  different functions
• Full independence hardly ever needed for
  preventive functions described in article 5 and 6
    Thank you!
         Hannes Hechler
U4 Anti-Corruption Resource Centre
     hannes.hechler@cmi.no



    www.u4.no