Anti-Corruption/Public Integrity

Regional Anti-Corruption Advisors (RACA) at the Malaysian Anti-Corruption Academy Conference in Kuala Lumpur, May 2006.

Corruption undermines democratization and the rule of law. It impedes every development objective that the Rule of Law Initiative seeks to promote, whether in reform of criminal justice systems, judicial reform, advancement of human rights, or the professionalization of lawyers. The goal of the Rule of Law Initiative's anti-corruption and public integrity work is to contribute to host countries' efforts to develop legal frameworks, institutions, and capacity to prevent and punish corruption, encourage public integrity, and foster accountability, transparency, and public participation.

The Rule of Law Initiative's work in most countries incorporates an anti-corruption component, including strengthening judicial independence, promoting ethics and integrity among lawyers, judges and prosecutors, enhancing transparency and accountability in the administration of justice, and assisting countries in developing capacity to address modern criminal behavior, such as cybercrime.

The Rule of Law Initiative's anti-corruption work emphasizes the following areas:

• National Anti-Corruption Strategies and Action Plans
• Public Integrity - Conflict of Interest Rules, Internal Oversight, and other Measures
• Freedom of Information Laws - Drafting, Monitoring and Enforcement
• Civil Society - Awareness Raising, Civic Education, and Advocacy
• Ethics Codes - Drafting and Enforcement
• Corruption and Financial Crimes Investigation Training and Legislative Reform including Anti-Money Laundering and Terrorist Financing
• Preventive and Enforcement Tools and Institutions - Drafting and Assistance
• Multilateral Cooperation - Implementing International Conventions and Initiatives

The Rule of Law Initiative serves on the Steering Group of the Organization for Economic Cooperation and Development (OECD) Anti-Corruption Network of Economies in Transition and the OECD Istanbul Action Plan; the International Group against Corruption; and the Stability Pact Anti-corruption Initiative. The Rule of Law Initiative has been represented as a private sector member of the U.S. delegation to the Global Forum series of international anti-corruption conferences and has participated in the UNODC Global Crime Congress.

Regional Anti-Corruption Advisors: Eurasia, Asia and Central Asia

At the center of the Rule of Law Initiative anti-corruption programming are the Regional Anti-Corruption Advisors or "RACAs." These individuals, anti-corruption and law enforcement experts, act as regional resources not only to support the Rule of Law Initiative's overseas staff in developing anti-corruption programming, but also to help build the capacity of local governments and NGOs involved in anti-corruption activities. In addition, the RACAs support efforts to implement multilateral initiatives and instruments on a regional level and serve as a resource for training and information regarding "best practices" in anti-corruption methods and techniques. All of the Rule of Law Initiative RACA programs are funded by the State Department's Bureau of International Narcotics and Law Enforcement (INL).

The first RACA program was developed by the Rule of Law Initiative in October 2000. The Eurasia RACA Program is a regional resource based in Kyiv, Ukraine that is responsible for backstopping the activities of the Rule of Law Initiative's field staff in the development and implementation of anti-corruption technical assistance activities. The Eurasia RACA Program assists in developing anti-corruption training programs and materials and fosters and maintains contacts with U.S., foreign and multilateral governmental and nongovernmental agencies (NGOs) involved in anti-corruption activities.

Building upon this success, in 2002 the Rule of Law Initiative placed a RACA in Bangkok, Thailand to support efforts to combat corruption and promote good governance in countries across the Asia region. The Asia RACA works in close cooperation with local stakeholders, including government agencies, judges, lawyers, and NGOs, to devise programs to promote government accountability and transparency and to help build the capacity of governments to investigate and prosecute corruption.

In April 2006, the Rule of Law Initiative established a RACA for Central Asia, also supported by INL. The basic goals of the program include: assessment of opportunities for anti-corruption reform, including by strengthening anti-corruption legislation in Kyrgyzstan and Tajikistan; support towards creation of a code of ethics for Kyrgyz prosecutors; and efforts to assist citizens and civil society groups in understanding their rights in fighting corruption, particularly the ability to draw on the Kyrgyzstan Prosecutor's Office in reporting and pursuing instances of corruption.

 

Stability Pact Anti-Corruption Initiative (SPAI) and SPAI Regional Secretariat

The SPAI was adopted in Sarajevo in February 2000 to address corruption in South Eastern Europe. In 2002, the SPAI Steering Group, made up of SPAI partner states and international organizations (including the Rule of Law Initiative) and the governments of Albania, Croatia, Bosnia and Herzegovina, Macedonia, Moldova, Romania and Serbia and Montenegro, agreed to establish the Regional Secretariat Liaison Office (RSLO) in Sarajevo to promote local ownership of the Initiative and to enhance regional capabilities to fight corruption in South Eastern Europe.

In September 2003, the Rule of Law Initiative received a grant from INL to execute anti-corruption projects in six SPAI countries in response to project proposals submitted by the countries to the SPAI Steering Group. Projects included freedom of information advocacy in Croatia; anti-corruption awareness raising and training for justice system professionals Macedonia; transparency in court administration in Moldova; judicial integrity and anti-corruption capacity building in Romania; anti-corruption law enforcement legal reform and implementation in Serbia and Montenegro; and institution-building support to the RSLO in Bosnia and Herzegovina. The bulk of the Rule of Law Initiative initial work with the RSLO focused on institution-building assistance, including training in financial management, accounting and reporting, setting up office procedures, and strategic planning. The Rule of Law Initiative has continued to work with the RSLO on topics such as multiple-grant accounting, proposal writing, strategic planning and fundraising. The RSLO organizes semi-annual SPAI Steering Group meetings, publishes an outreach bulletin, and participates in numerous regional meetings.

National Anti-Corruption Strategies and Action Plans

The Rule of Law Initiative assists governments and NGOs in developing, publicizing, and refining their national anti-corruption strategies and action plans.

In 2004, with support from the U.S. Embassy in Costa Rica, the Rule of Law Initiative undertook a targeted assessment of components of the Costa Rican Ministry of Public Security and the Treasury Ministry (Ministerio de Hacienda) to determine the institutional capacity to establish and implement programs designed to confront internal institutional corruption. Based on the assessment results, the Rule of Law Initiative gave recommendations for technical assistance to targeted government institutions in order to strengthening the country's capacity to address corruption within government.

In Georgia, the Rule of Law Initiative has supported the government's efforts to implement a National Anti-Corruption Strategy and Action Plan, adopted in June 2005. The Rule of Law Initiative has provided the government with sample national strategies and policies and supported the participation of the Georgian official delegation at the Council of Europe's (COE) Group of States against Corruption plenary meeting to present Georgia's strategy and discuss the progress made by the Georgian government in the fight against corruption.

In Ukraine, the Eurasia RACA program was asked to join the legislative working group tasked with developing a national strategy. In 2005, the Eurasia RACA team drafted the background section of the strategy for the working group and provided related input and comments to COE monitors.

In 2006, the Rule of Law Initiative's Sarajevo office began assisting the government of Bosnia and Herzegovina with the implementation of its recently approved national anti-corruption strategy, in cooperation with the RSLO and the Organization for Security and Cooperation in Europe (OSCE).

 

Preventive and Enforcement Tools and Institutions - Drafting and Assistance

Comprehensive anti-corruption legislation is necessary to advance the rule of law and prevent corruption. The Rule of Law Initiative assists national governments and NGOs to assess national anti-corruption legislation and create appropriate bodies and practical mechanisms to assist with implementation of anti-corruption efforts.

In Montenegro, the Rule of Law Initiative-supported SPAI-RSLO organized two events aimed at strengthening preventative mechanisms to fight corruption, including a 2005 regional conference on "Efficient Implementation of European Standards in Public Procurement: Legislative Framework and Best Practices," sponsored in cooperation with the OSCE and the Montenegrin Public Procurement Commission. In addition to bringing together policymakers, judges and more than 60 experts in public procurement, the conference constituted the final step in drafting a new Montenegrin law on public procurement. In 2006, the RSLO organized a regional seminar on the role of audit institutions in preventing corruption sponsored by the State Auditors Institution of Montenegro, GTZ (the German agency for international development) and the OSCE. The seminar focused on practical ways to prosecute and adjudicate cases of high-level corruption based on auditing results.

In Ukraine, the Eurasia RACA program, in cooperation with the OECD, has been assisting the government in ensuring that proposed new anti-corruption bodies are well-integrated into the overall law enforcement structure in terms of avoiding overlapping functions; established based on solid models from other post-transition countries and in compliance with international standards; and structured to include mechanisms to facilitate coordination and cooperation with other law enforcement bodies. This Law Enforcement Reform Project has established an inter-agency working group, distributed best-practice models on anti-corruption methods to the working group, and assisted with the development of a law enforcement web site.

In the Asia region, the Asia RACA works closely with national anti-corruption agencies to develop joint training programs and help build local capacity to address country-specific anti-corruption needs and priorities. Partners include Hong Kong's Independent Commission Against Corruption, the Korean Independent Commission Against Corruption, and Malaysia's Anti-Corruption Agency (MACA). Recent efforts include helping to develop the curricula and training program at the MACA's recently establishing Anti-Corruption Training Academy in Kuala Lumpur. In May 2006, the Rule of Law Initiative and MACA sponsored the first regional conference at the academy focusing on combating corruption within the justice sector. Participants from over 13 countries in the Asia region attended the workshop.

 

Multilateral Cooperation - Implementing International Conventions and Initiatives

Facilitation of international cooperation is essential not only for combating trans-boundary corruption, but also for promoting regional cooperation and sharing of best practices. At present, in addition to the SPAI in South Eastern Europe, the Rule of Law Initiative supports three key regional initiatives to fight corruption: the OECD Anti-Corruption Network for Transition Economies (ACNET) Istanbul Anti-Corruption Action Plan Initiative; the Asian Development Bank (ADB)/OECD Anti-Corruption Initiative for Asia-Pacific; and the Asia-Pacific Economic Cooperation (APEC) Anti-Corruption and Transparency (ACT) Initiative. The Rule of Law Initiative support of these initiatives takes a variety of forms, including serving on the advisory boards, participating in expert or peer review processes to assist country members in implementing recommendations; and holding capacity building workshops on key topics.

In 2005, the Eurasia RACA acted as one of six international experts who reviewed the laws and institutions of Kazakhstan, which was assessed at the October 2005 ACNET advisory group meeting. Prior to the meeting, the Eurasia RACA, in conjunction with the Rule of Law Initiative in Kazakhstan, collected relevant legislation and drafted a section of the summary assessment and recommendations dealing with the criminalization of corruption.

Since the adoption of the APEC ACT Initiative by APEC Leaders in November 2004, the Rule of Law Initiative has been supporting its implementation by providing technical assistance and capacity building training to APEC Member Economies. In 2005, the Asia RACA chaired an expert panel on provisions in the UNCAC related to denial of safe haven, asset forfeiture, and extradition at the APEC ACT Symposium in Seoul, Korea, sponsored by the Korea Independent Commission Against Corruption. In 2006, the Rule of Law Initiative provided key assistance to the U.S. Department of State in co-hosting a three-day workshop in Shanghai, China in cooperation with the Chinese government. One hundred and fourteen anti-corruption officials and experts from the APEC economies, relevant international organizations, and partners attended the workshop. The goal of the workshop was to improve and strengthen cooperation, both on the international level and among APEC economies, in the area of denial of safe haven, asset recovery and extradition. Participants also exchanged information on anti-bribery measures and agreed to work jointly to combat bribery in international business transactions.

The Rule of Law Initiative also provides technical legal and capacity building experience to countries seeking to ratify the United Nations Convention Against Corruption (UNCAC). In Asia, the Rule of Law Initiative has implemented or participated in UNCAC workshops in Mongolia, Thailand and Laos. In Georgia and Kyrgyzstan, the Rule of Law Initiative has worked with government officials to develop a project to identify areas of Georgian law in need of revision in order to harmonize national legislation with UNCAC requirements.

Finally, through South Eastern Europe, the RSLO has helped the SPAI countries to make ratification and implementation of the UNCAC a priority for the region. RSLO has hosted a number of workshops and pre-ratification conferences designed to provide practical assistance in implementation, as well as to highlight positive role models for countries that have not yet ratified the Convention. These events facilitated dialogue across countries and provided an opportunity for countries to learn from one another. During these workshops and conferences, other countries from the larger region, including Greece, the Central Asian nations, Azerbaijan, Armenia and Turkey, also participated.

 

Public Integrity - Conflict of Interest Rules, Internal Oversight, and Other Measures

The Rule of Law Initiative has been working for the adoption of conflict of interest rules, internal oversight, professional ethics, and other public integrity measures around the globe.

In Russia, the Rule of Law Initiative is implementing a program aimed at preventing corruption at the local level, an area which has historically been overlooked in anti-corruption work. In 2005, the Rule of Law Initiative and the Public Center for Stable Development of the Pskov Region launched a new joint project to combat corruption at the municipal and regional levels. Using seminars and interactive, problem-solving forums tailored to address the unique needs of local areas, the project trains members of the legal and business communities, government and law enforcement in laws, policies, and procedures while bringing them together with experts in the area of anti-corruption. The Rule of Law Initiative Moscow's criminal law program launched the second phase of these Federation-wide municipal anti-corruption seminars in Tbolsk in 2006. The Rule of Law Initiative plans to replicate these activities in each of the federal districts, followed by a publication of a municipal anti-corruption handbook.

In the Philippines, the Rule of Law Initiative is implementing a training program on the recently adopted Codes of Conduct for Judges and Court Personnel. To date, the program has trained well over 2,000 judges and court employees throughout the country on the new Codes. Upcoming plans include developing materials such as brochures to continue awareness-raising efforts on the new Code of Conduct for Court Personnel and for new employees who did not have the benefit of the trainings.

 

Corruption and Financial Crime Investigation Training and Legislative Reform - Including Anti-Money Laundering and Terrorist Financing

As emerging democracies open their markets and financial sectors, they become increasingly viable sources of and targets for money laundering activity, drug and arms smuggling, trafficking in persons, and terrorism-related activity. Moreover, globalization and the Internet have created new opportunities for criminal activities to evolve and flourish on a trans-national level. The Rule of Law Initiative seeks to stay on top of these trends and to develop effective programming to address new types of corruption in the global environment.

In Eastern Europe, Eurasia and Asia, the Rule of Law Initiative is involved in educating officials about implementing anti-money laundering measures and curbing terrorist financing. The Rule of Law Initiative has trained prosecutors, investigators and judges in financial investigations and forensic accounting. In Romania, the Rule of Law Initiative has conducted an anti-money laundering seminar and convened a meeting of an anti-money laundering working group as part of a joint Rule of Law Initiative /OSCE project that aims to provide technical expertise in drafting anti-corruption legislative provisions and procedures.

In May 2006, the Rule of Law Initiative, with support from the ADB, the World Bank, the OSCE, and the U.N. Office of Drugs and Crime (UNODC), conducted a groundbreaking regional anti-money laundering training for judges in Central Asia. The event covered multilateral standards and frameworks, the typology of money laundering, and a realistic case study.

In the Philippines, in conjunction with the ADB, the Asia Foundation, USAID, and the U.S. Department of Justice Office of Prosecutorial Development Assistance and Training, the Rule of Law Initiative has co-sponsored several anti-money laundering trainings on subjects such as best practices on court rules and procedures for money-laundering/civil forfeiture actions. In 2006, the Rule of Law Initiative and its partners co-hosted a Civil Forfeiture Seminar to familiarize prosecutors and judges on the recently passed New Rules on Civil Forfeiture. In Iraq, the Rule of Law Initiative developed a training manual for judicial investigators on anti-money laundering.

In 2005, RSLO initiated the first of a series of twinning projects designed to share relevant existing capacities within the SPAI countries. With RSLO's coordination, a team of Montenegrin prosecutors visited the Croatian Prosecutor's Specialized Office on Fighting Organized Crime and Corruption in Zagreb. During the week, the two teams of prosecutors exchanged information on the establishment of a special anti-corruption unit, relevant anti-corruption legislation, means for special investigation, and experiences in investigating and prosecuting complex corruption cases.

 

Freedom of Information Laws - Drafting, Monitoring and Enforcement

Also known as the "public's right to know" or administrative transparency, freedom of information (FOI) laws provide citizens access to official information held by government and other public authorities. The Rule of Law Initiative is involved in the drafting, monitoring, and enforcement of these laws in a number of countries.

The Rule of Law Initiative has been working with Transparency International (TI)-Croatia to support civil society demand for the existence and implementation of a viable freedom of information law in Croatia. The Rule of Law Initiative has sponsored several roundtables executed by TI-Croatia to assist in the drafting of model legislation and amendments, and to facilitate discussion on comparative regional experiences in implementing this legislation, including a study tour for Croatia representatives to Bosnia. In 2005, the Rule of Law Initiative supported TI-Croatia in implementing a follow-up roundtable that aimed to evaluate the implementation process of Croatia's FOI law, discuss its drawbacks, establish chains of communication between state institutions and the civil sector on the issue of free access to information, and facilitate the sharing of international experiences.

 

Civil Society - Awareness Raising, Civic Education, and Advocacy

Recognizing that civil society has emerged as a key actor demanding greater accountability and transparency from government, the Rule of Law Initiative has become involved in anti-corruption awareness raising through civic education and advocacy.

In Kazakhstan in 2005, the Rule of Law Initiative used the vehicle of a televised mock-corruption trail drama to increase public awareness of the phenomena of corruption among public officials. In 2006, a televised discussion of corruption in higher education, with a focus on legal education, received the highest ratings in its timeslot. The Rule of Law Initiative has also disseminated a brochure on frequently asked questions on bribery.

In Macedonia, the Rule of Law Initiative, in cooperation with the OSCE, launched a series of anti-corruption workshops for elementary schools, in collaboration with the Young Lawyers Association in spring 2006. The workshops focus on helping students understand the definition of corruption, the costs of corruption, and the role individuals can play in fighting it. Students also discuss the themes of Bojan's World, a Rule of Law Initiative's educational cartoon highlighting the cost of corruption. In Kazakhstan and Kyrgyzstan, the Rule of Law Initiative developed street law courses, which law students began giving to secondary school students in 2006.

In the Philippines, the Rule of Law Initiative is working in partnership with the law faculty at Ateneo de Manila University to improve law student training on corruption. Ateneo is currently developing a curriculum for an anti-corruption class as well as a teaching module to be used by other law schools. Utilizing a multi-disciplinary approach, the course seeks to address why the existing legal and policy frameworks fail to reduce corruption. Likewise, in Kyrgyzstan, the Rule of Law Initiative developed the first legal ethics curriculum for law faculties.

In Azerbaijan, the Rule of Law Initiative partnered with Transparency Azerbaijan to establish and train staff of Anti-Corruption Legal Advocacy Centers (ALACs) in the cities of Baku, Ganja and Lenkoran. The centers provide free legal advice on how to report complaints of corruption or misuse of public funds. The centers enable citizens to take action against corruption through the provision of information and awareness-raising campaigns. From 2005-2006, the ALACs provided over 1100 consultations. The responsiveness of public agencies to complaints filed through the ALACs increased throughout the year in terms of both quantity and quality. More issues were solved and substantial efforts were undertaken to investigate complaints such as embezzlement in school districts, lack of enforcement of judicial decisions, and withholding pension funds.

In Ukraine, the Eurasia RACA team developed a concept paper for a new anti-corruption program focusing on institution-building assistance to the central and regional centers that filed citizens' complaints on corruption and related matters. In December 2005, the Rule of Law Initiative received USAID funding for this project and initiated its program with ad hoc assistance from the Eurasia RACA team.

 

Ethics Codes - Drafting and Enforcement

Ethics codes help governments enforce a high level of performance and service delivery in the public sector. The Rule of Law Initiative is involved in many countries in the process of the drafting and enforcement of ethics codes for judges, lawyers, prosecutors and various public officials.

In Jordan, a working group of judges have been working over the past year to develop a Code of Judicial Conduct. The Rule of Law Initiative experts facilitated the effort to develop the code through a process that included the study of comparative resource materials such as the Bangalore Principles of Judicial Conduct and Islamic laws, a series of retreats to draft the language of the code, focus group sessions to gather feedback from more than 500 Jordanian judges, and publishing the code in the print media for public review and comment. The Judicial Council recently issued the code as a Judicial Council Resolution, stating that judges are obligated to abide by the Code and will be subject to disciplinary measures for violations. The Judicial Council plans to distribute the Code to every judge across the Kingdom.

In Asia, the Rule of Law Initiative is implementing programs to enhance ethics and integrity within the justice sector. In Thailand, with funding from the U.S. Embassy Narcotics Affairs Section, the Rule of Law Initiative is implementing a program to promote integrity in the justice sector, including ethics training for lawyers, judges, and prosecutors. In follow-up to a 2006 legal ethics workshop in cooperation with the Lawyers Council of Thailand, the Rule of Law Initiative and the LCT will be featured in a series of television talk shows aimed at raising awareness on the need to promote integrity among lawyers and within the judiciary throughout the country. An ethics workshop for Thai prosecutors will be held in June 2006.

 

Donor Coordination

In Ukraine, in an effort to increase donor coordination in the aftermath of the Orange Revolution, in 2005 the Eurasia RACA program established a monthly anti-corruption forum to discuss programming, identify needs and form partnerships with those representatives of the donor community, governmental agencies, and civil society who work on anti-corruption matters. A mailing list of those organizations and agencies has been created to facilitate information sharing.

For more information, please contact Regional Anti-Corruption Program Manager Jen Gauck, at <jgauck@staff.abanet.org>, or Europe and Eurasia Programs Director and Anti-Corruption Programs Coordinator Robert Levanthal, at <rleventhal@staff.abanet.org>

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