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Ms. Pauline Tamesis
at the
special meeting on
"Enhancement of Probity and the Fight against corruption in the Hemisphere"
Working Group on Probity and Public Ethics
of the Organization of American States
31 March 2000, Washington, DC
Good morning distinguished members of the Organization of American States, ladies and gentlemen.
I am honored to represent UNDP and participate at this special meeting on the fight against corruption by the Working Group on Probity and Ethics of the Organization of American States. I would like to thank Ms. Beatriz Ramacciotti, Chair of the Working Group for her invitation and warm welcome. I hope my brief presentation on the work of the United Nations Development Programme would be of use to this Group.
In most countries, corruption is a criminal offence. But the real crime is that everybody suffers, especially the poor and vulnerable, including women, who cannot afford to pay bribes even for the bare necessities and whose share in economic wealth is already scant. Corruption also damages economies, the environment and, in developing countries, can slow (even reverse) development because it diverts resources and discourages international aid and foreign and domestic investment. In extreme cases, law and order can fall apart as rules and regulations fail to be enforced. Crime, violence and social unrest can follow.
A few years ago, it was not even possible mention the word, let alone to raise the issue of corruption in global development policy agenda. For a long time it has been referred to in the international development circles as the "C-word."
We have come a long way from that time when corruption was viewed as silent scourge that cannot be stopped. All over the world, people are demanding the return of trust, accountability and integrity to the public office. Corrupt and repressive governments are overthrown or elected out of office because the people are tired of the abuse of power and misuse of public resources for the private gain. We also see evidence that the private sector, convinced that clean business is more profitable, is moving to instill high standards of corporate ethics in the workplace. Even governments themselves are vowing to clean-up their backyards, and setting-up strong systems to check and control possible avenues for corruption.
Now, there is a serious and concerted action from each sector of society to mobilize against this scourge. Together with the people’s clamour for change and the demand to improve integrity in governance, international organizations like the United Nations Development Programme, the OECD, World Bank and the OAS are stepping up efforts and signaling to governments that corruption will no longer be tolerated.
How can governments and international organizations successfully combat corruption? The UNDP recognizes that when corruption is endemic, piece-meal reform efforts are not likely to make a difference. Partial solutions can offer some help to countries with strong and clean government traditions. Other countries need more comprehensive reforms. There are no quick or certain fixes, but the reform experiences of several countries offer some important lessons.
UNDP has a special responsibility to help poor countries to fight corruption. We have a direct mandate from the General Assembly of the United Nations, which requests the Secretary General to provide assistance to Member States to design strategies to prevent and control corruption (A/RES/51/59 adopted on 28 January 1997). Our value-added contribution is reflected in its impartiality, partnerships and focus on good governance. Unlike donor agencies, we cannot impose conditionalities on countries. Our approach is to build trust and confidence. We help governments identify and pursue appropriate policies through open and participatory dialogue. UNDP's policies, moreover, are geared toward creating partnerships and building coalitions to fight corruption. We also help national institutions strengthen transparency and accountability, and works to mobilise resources for programmes to improve institutional integrity.
UNDP sees corruption as a problem of poor governance. Good governance is participatory, transparent and accountable – its social, political and economic priorities are reached by consensus and the poorest and most vulnerable have their say in matters affecting their well-being and in the allocation of development resources. Bad governance, rife with bribery, corruption and maladministration, has the opposite effect. So, how to get from here to there?
First, UNDP’s priorities are institutional development and reform. Each strengthens governance and fosters an open and effective relationship between the state, the private sector and civil society.
Second, a successful war against corruption requires efficient public and private sector management. Bad management is a fertile breeding ground for bribery and corruption.
Third, every citizen should have the right to participate in decision making and governance. Decentralisation of government will bring members of even the smallest community within reach of government. Transparency and accountability will stand guard against corruption, along with a strong independent media and watchdogs with sharp teeth.
Fourth, building partnerships and encouraging closer co-operation with international and local organisations is critical in the fight against corruption.
At the global level, UNDP's Programme for Accountability and Transparency focuses on three critical areas: facilitating aid co-ordination and dialogue; building partnerships and strengthening national capacities to develop comprehensive anti-corruption strategies.
In order to gain a concrete understanding of problem, PACT is collaborating with the OECD Development Centre on a comparative case study that focuses on the experiences of five countries: Bolivia, Benin, Morocco, Pakistan, and Philippines. These studies document best practices in anti-corruption strategies and analyze challenges in implementation, and will be finalized by mid-year.
Further, UNDP has a strong partnership with Transparency International, embodied in a Memorandum of Understanding signed since 1998. This collaboration has best been concretized in the 9th International Anti-Corruption Conference held in Durban, South Africa, where UNDP organized five regional workshops, including the one for Latin America.
UNDP supports a broad range of anti-corruption initiatives in some 25 countries. These initiatives strengthen accountability and transparency in governance, expose corruption, and improve participation of civil society, private sector and governments in fighting corruption. Some projects also help strengthen capacity of watchdog institutions, for example the media, to expose corruption.
For example,
1. In Pakistan, the UNDP Asia Governance Resource Facility recently produced a learning guide and study course on corruption issues for UN and national staff in the Asia-Pacific region. The effort aims to help promote good governance by detailing anti-corruption strategies and by training staff to prepare culturally sensitive projects that can help spot and deter corruption.
2. In Romania, UNDP and the UN Centre for International Crime Prevention, with support from the US Department of Justice and the Governments of France and Greece, are designing a programme to strengthen the capacity of the criminal justice system to fight corruption by training key personnel and through tough new legislation. The effort will also help strengthen cooperation and working relations among law enforcement agencies in Romania and in foreign countries, and will establish a national anti-corruption commission.
3. In the Philippines, UNDP is collaborating with the Centre for Investigative Journalism to strengthen the effectiveness of journalism as a tool for deterring and exposing corruption. The initiative is helping to improve the effectiveness of investigative reporting in cases involving executive, judicial and government processes. It also seeks to strengthen the role of media in public accountability.
4. In Georgia, UNDP supported the creation of the Anti-Corruption Group, an independent NGO which is researching and developing innovative ways to prevent corruption. The NGO is conducting an in-depth national study of the corruption problem, and is proposing legislative and administrative measures to combat it. Information on corruption in Georgia will be disseminated by the NGO through books, booklets, magazines, computer databases and seminars. The project is part of the country's anti-corruption strategy, led by a special working group that was appointed by the President of Georgia.
5. In Guyana, UNDP recently supported the introduction of the Ascuyuda Customs Programme. The initiative, originally designed by the UN Conference of Trade and Development (UNCTAD), introduces methodologies and computerized processing mechanisms that reduce the possibility of corruption in customs.
6. In Bolivia, UNDP has financed the development, elaboration and the publication of the Plan National Integridad (or National Integrity Plan), now also known as the Public Sector Institutional Reform Programme. The National Integrity Plan is a ten year project that includes a large civil service reform component, and other activities directly targeting the fight against corruption, including pilot institution, such as the Customs and Tax Departments, prevention mechanisms and simplification of administrative procedures. In addition to supporting the Office of the Vice Presidency to develop the PNI, UNDP is evaluating possibilities to reform the Police forces, and conducting workshops to raise the awareness of with civil society organizations and to further involve and obtain commitment from political parties in the fight against corruption.
7. In Mongolia, UNDP (through MDGD/PACT assistance) began its first pilot initiative in developing national capacity to prevent and control corruption. UNDP facilitated the process of developing a solid programme on prevention and control of corruption, focusing on the particular vulnerabilities of economies in transition. The proposal programme comprises four related components: the improvement of the implementation of existing laws; a national survey on the extent of corruption; a study tour of Singapore and Hong Kong to observe the operations of the police and investigatory bodies as well as the commission against corruption; and finally, convening a national workshop for senior public officials, members of Parliament (MPs), and other interested groups like mass media representatives and leaders of non-governmental organizations in Mongolia.
I will close by reiterating UNDP’s commitment to the fight against corruption. However, there must be genuine political will for change, without which, government promises to improve transparency and accountability are unlikely to be more than political posturing. It must involve commitment, collaboration, co-operation and ultimately consensus of all – government, the public sector and civil society. It also means strengthening many institutions, including the legislature, the executive and the judiciary. Easier said than done? Probably. It will certainly take time, perhaps a long time, but it can be done. It must be done.
United Nations General Assembly Resolution on Corruption in 1997
UNITED NATIONS
General AssemblyDistr.
GENERAL
A/RES/51/59
28 January 1997Fifty-first session
Agenda item 101RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
[on the report of the Third Committee (A/51/610)]51/59. Action against corruption
The General Assembly,
Concerned at the seriousness of problems posed by corruption, which may endanger the stability and security of societies, undermine the values of democracy and morality and jeopardize social, economic and political development,
Also concerned about the links between corruption and other forms of crime, in particular organized crime and economic crime, including money-laundering,
Convinced that, since corruption is a phenomenon that currently crosses national borders and affects all societies and economies, international cooperation to prevent and control it is essential,
Convinced also of the need to provide, upon request, technical assistance designed to improve public management systems and to enhance accountability and transparency,
Recalling the Inter-American Convention against Corruption, 1/adopted by the Organization of American States at the Specialized Conference for Consideration of the Draft Inter-American Convention against Corruption, held at Caracas from 27 to 29 March 1996,
Recalling also its resolutions 45/121 of 14 December 1990 and 46/152 of 18 December 1991, and Economic and Social Council resolutions 1992/22 of 30 July 1992, 1993/32 of 27 July 1993 and 1994/19 of 25 July 1994,
Recalling in particular its resolution 50/225 of 19 April 1996, adopted at its resumed session, on public administration and development,
Recalling Economic and Social Council resolution 1995/14 of 24 July 1995 on action against corruption,
Recalling also the work carried out by other international and regional organizations in this field, including the activities of the Council of Europe, the European Union, the Organisation for Economic Cooperation and Development and the Organization of American States,
1. Takes note of the report of the Secretary-General on action against corruption 2/ submitted to the Commission on Crime Prevention and Criminal Justice at its fifth session;
2. Adopts the International Code of Conduct for Public Officials annexed to the present resolution, and recommends it to Member States as a tool to guide their efforts against corruption;
3. Requests the Secretary-General to distribute the International Code of Conduct to all States and to include it in the manual on practical measures against corruption, 3/ to be revised and expanded pursuant to Economic and Social Council resolution 1995/14, with a view to offering both those tools to States in the context of advisory services, training and other technical assistance activities;
4. Also requests the Secretary-General to continue to collect information and legislative and regulatory texts from States and relevant intergovernmental organizations, in the context of his continuing study of the problem of corruption;
5. Further requests the Secretary-General, in consultation with States, relevant intergovernmental and non-governmental organizations, as well as in cooperation with the institutes comprising the United Nations Crime Prevention and Criminal Justice Programme network, to elaborate an implementation plan and submit it to the Commission on Crime Prevention and Criminal Justice at its sixth session, in conjunction with his report to be submitted pursuant to Economic and Social Council resolution 1995/14;
6. Urges States, relevant intergovernmental and non-governmental organizations, as well as the institutes comprising the United Nations Crime Prevention and Criminal Justice Programme network, to extend to the Secretary-General their full support in elaborating the implementation plan and in implementing paragraph 4 above;
7. Urges Member States carefully to consider the problems posed by the international aspects of corrupt practices, especially as regards international economic activities carried out by corporate entities, and to study appropriate legislative and regulatory measures to ensure the transparency and integrity of financial systems and transactions carried out by such corporate entities;
8. Requests the Secretary-General to intensify his efforts to closely cooperate with other entities of the United Nations system and other relevant international organizations and to more effectively coordinate activities undertaken in this area;
9. Also requests the Secretary-General, subject to the availability of extrabudgetary resources, to provide increased advisory services and technical assistance to Member States, at their request, in particular in the elaboration of national strategies, the elaboration or improvement of legislative and regulatory measures, the establishment or strengthening of national capacities to prevent and control corruption, as well as in training and upgrading skills of relevant personnel;
10. Calls upon States, relevant international organizations and financing institutions to extend to the Secretary-General their full support and assistance in the implementation of the present resolution;
11. Requests the Commission on Crime Prevention and Criminal Justice to keep the issue of action against corruption under regular review.
82nd plenary meeting
12 December 1996ANNEX
International Code of Conduct for Public Officials
I. GENERAL PRINCIPLES
1. A public office, as defined by national law, is a position of trust, implying a duty to act in the public interest. Therefore, the ultimate loyalty of public officials shall be to the public interests of their country as expressed through the democratic institutions of government.
2. Public officials shall ensure that they perform their duties and functions efficiently, effectively and with integrity, in accordance with laws or administrative policies. They shall at all times seek to ensure that public resources for which they are responsible are administered in the most effective and efficient manner.
3. Public officials shall be attentive, fair and impartial in the performance of their functions and, in particular, in their relations with the public. They shall at no time afford any undue preferential treatment to any group or individual or improperly discriminate against any group or individual, or otherwise abuse the power and authority vested in them.
II. CONFLICT OF INTEREST AND DISQUALIFICATION
4. Public officials shall not use their official authority for the improper advancement of their own or their family's personal or financial interest. They shall not engage in any transaction, acquire any position or function or have any financial, commercial or other comparable interest that is incompatible with their office, functions and duties or the discharge thereof.
5. Public officials, to the extent required by their position, shall, in accordance with laws or administrative policies, declare business, commercial and financial interests or activities undertaken for financial gain that may raise a possible conflict of interest. In situations of possible or perceived conflict of interest between the duties and private interests of public officials, they shall comply with the measures established to reduce or eliminate such conflict of interest.
6. Public officials shall at no time improperly use public moneys, property, services or information that is acquired in the performance of, or as a result of, their official duties for activities not related to their official work.
7. Public officials shall comply with measures established by law or by administrative policies in order that after leaving their official positions they will not take improper advantage of their previous office.
III. DISCLOSURE OF ASSETS
8. Public officials shall, in accord with their position and as permitted or required by law and administrative policies, comply with requirements to declare or to disclose personal assets and liabilities, as well as, if possible, those of their spouses and/or dependants.
IV. ACCEPTANCE OF GIFTS OR OTHER FAVOURS
9. Public officials shall not solicit or receive directly or indirectly any gift or other favour that may influence the exercise of their functions, the performance of their duties or their judgement.
V. CONFIDENTIAL INFORMATION
10. Matters of a confidential nature in the possession of public officials shall be kept confidential unless national legislation, the performance of duty or the needs of justice strictly require otherwise. Such restrictions shall also apply after separation from service.
VI. POLITICAL ACTIVITY
11. The political or other activity of public officials outside the scope of their office shall, in accordance with laws and administrative policies, not be such as to impair public confidence in the impartial performance of their functions and duties.
Notes
1/ See E/1996/99.
2/ E/CN.15/1996/5.
3/ International Review of Criminal Policy, Nos. 41 and 42 (United
Nations publication, Sales No. E.93.IV.4).
Pauline Tamesis
Abridged Bio
PAULINE TAMESIS is currently Programme Specialist with the Programme for Accountability and Transparency (PACT) of the Management Development and Governance Division of UNDP. She is the focal point for the UNDP’s anti-corruption activities, responsible for facilitating the development and implementation of policy, tools and programmes to improve accountability, transparency and integrity in UNDP’s programme countries. She has more than 10 years diverse experience in international development, specializing not only on financial management, gender, communications, fund raising, and civil society participation. Ms. Tamesis previously worked as programme officer in UNDP Manila, Philippines. She holds an MBA (1991) from Georgetown University in Washington, D.C.
