National Anti-Corruption Strategy Framework: Royal Government of Bhutan
National Anti-Corruption Strategy Framework: Royal Government of Bhutan
National Anti-Corruption Strategy Framework: Royal Government of Bhutan
DRAFT COPY
TableofContents
1. INTRODUCTION ............................................................................................................... 3 2. BACKGROUND ................................................................................................................. 6 3. POLICY STATEMENT ...................................................................................................... 7 4. DEFINITION OF CORRUPTION ...................................................................................... 8 5. FORMS OF CORRUPTION AND ITS CAUSES .............................................................. 9 5.1 Abuse of Power .............................................................................................................. 9 5.2 Nepotism and Favoritism ............................................................................................... 9 5.3 Misuse of Public Funds.................................................................................................. 9 5.4 Bribery ......................................................................................................................... 10 5.5 Fraud ............................................................................................................................ 10 5.6 Collusion ...................................................................................................................... 10 5.7 Kickbacks..................................................................................................................... 10 5.8 Fronting ........................................................................................................................ 11 5.9 Money Laundering ....................................................................................................... 11 6. IMPACT OF CORRUPTION ............................................................................................ 13 6.1 Sustainable economic development ............................................................................. 14 6.2 Social and Cultural Development ................................................................................ 14 6.3 Good Governance ........................................................................................................ 14 6.4 Conservation of Environment ...................................................................................... 14 7. STRATEGIES.................................................................................................................... 14 7.1 PROMOTE QUALITY LEADERSHIP ...................................................................... 15 7.2 ENSURE SUSTAINED POLITICAL WILL .............................................................. 15 7.3 REVIEW LEGAL FRAMEWORKS TO MAKE CORRUPTION A HIGH RISK OFFENCE .......................................................................................................................... 15 7.4 REVEW AND STRENGTHEN INSTITUTIONAL CAPACITY .............................. 16 7.5 REVIEW AND REFINE SYSTEMS .......................................................................... 17 i. Review and Reform Public Procurement System .................................................. 17 ii. iii. iv. v. vi. vii. Strengthen Public Financial Management System .............................................. 18 Simplify Procedures and Regulations.................................................................. 18 Minimize Discretionary Powers of Decision-makers .......................................... 18 Establish Clear & Transparent Protocol on Policy and Rule Making ................. 18 Enforce Code of Conduct and Ethics .................................................................. 18 Enforce Declaration of Conflict of Interest ......................................................... 19
7.6 DEVELOP LONG-TERM EDUCATIONAL STRATEGY FOR AN AWAKENED CITIZENRY ...................................................................................................................... 19 7.7 PROMOTE PARTNERSHIP WITH STAKEHOLDERS .......................................... 20 i. Media .......................................................................................................................... 20 ii. Private Sector ............................................................................................................. 20 iii. Civil Society & Non Profit Organizations (NGO) ................................................... 21 iv. Spiritual Institutions ................................................................................................ 21 vi. Regional and International Anti-corruption Initiatives ............................................. 21 8. MANAGEMENT AND IMPLEMENTATION AUTHORITY ........................................ 22 9. CONCLUSION .................................................................................................................. 22 9. REFERENCE..................................................................................................................... 23
1. INTRODUCTION
Bhutan has emerged as a peaceful, harmonious and a happy nation with Gross National Happiness (GNH) as her conscience, beacon for her overall development that places peoples voice and their well being at the core. With wise and compassionate leadership of our Monarchs, Bhutan prospered through the ages by responding to the changing needs of changing times. Today as we are on the threshold of a new era of history, we are called upon to respond to new trends to ensure that the nation will continue to survive and strengthen into the future. His Majesty the 4th Druk Gyalpo, in His profound wisdom has placed His trust in the Bhutanese people by introducing democratic governance. With the establishment of parliamentary democracy in the country, His Majesty the 4th Druk Gyalpo decreed that institutions and systems be put in place to ensure that Bhutanese people always enjoyed peace, prosperity, justice and fundamental rights enshrined in the Bhutanese system. These include the important institutions that uphold democratic governance, among them the Anti-Corruption Commission which was established in 2006. Corruption is integral to governance. An effective and a caring system of governance, personified by our wise Monarchs, has been the cornerstone of the governments development policies and strategies as testified by its persuasive drive towards fostering active public engagement in the development process, greater transparency, accountability, efficiency and professionalism in governance. In the past, anti-corruption measures were generally addressed through the good governance policies and the important responsibility of taking anti-corruption initiatives resided in all agencies. However, in the late 1970s till early 1980s, there was an independent body called the Royal Court of Vigilance, which operated as a special audit body with investigative powers and the Royal Audit Authority, which was established in 1977. Corruption as an issue, however, was addressed in 1999, when His Majesty the 4th Druk Gyalpo graciously acceded to the repeated appeals of the ministers to commemorate 25 years of His glorious reign only on condition that the occasion helps enhance the ability of the government to be sensitive and responsive to the needs of the people, that initiatives are taken to raise public awareness and prevent the evil of corruption from taking root in the society and to improve the morale of civil servants. The establishment of internal audit units in the agencies is an outcome of the 1999 commemorative activity, the good governance initiative entitled, Enhancing Good Governance: Promoting Efficiency, Transparency & Accountability for GNH. Fighting corruption as a national agenda featured in 2005 as a review of the 1999 good governance initiative. Corruption is a worldwide phenomenon and it can be traced as far back in the mists of time as we can trace the history of mankind (Hamilton, 2008). It is defined as the misuse of entrusted power for private gain. (Transparency International, 2008). Corruption has challenged every countrys ability to effectively and efficiently combat it. While levels of corruption in Bhutan is relatively low and manageable, with the onset of rapid economic development and ever changing values due to changing lifestyle, corruption poses serious threat to the very foundation of GNH. Further, if we fail to manage the political change well the threat will be aggravated with the imminence of political corruption, a major source of all other forms of corruption.
The Prime Minister in his inaugural address of the National Consultative workshop on the draft National Anti-Corruption Strategy Framework (March 26-27, 2009), highlighted occurrence of corruption in eight domains: political leadership, public administration, judiciary, legislature, business, media, religion and society. Political leadership: Corruption in this domain must surely be the worst and the most cancerous, for it not only has a pervading effect throughout our society but it can compromise national sovereignty and interests, cause despair, breed hatred and fracture the unity of our people. When politicians and leaders are corrupt, they spawn corruption at all levels and sections of society. They undermine the power of the judiciary. Likewise, they deliberately emasculate the institutions such as the Anti Corruption Commission and mute the media. In the process, they betray the people who trusted them and the entire nation suffers. Public Administration or the civil service: When government servants are corrupt, the system is corrupt and little else will remain pure and honest. Politicians and public servants feed on each other at the cost of the people they are meant to serve. When that happens, democracy no longer functions, governance fails and anarchy begins. Good governance will come only when the public administration is clean, just and equitable. The legislature: A true democracy is where the rule of law prevails and where laws are made by honest and loyal representatives of the people for the good of all citizens. When good laws are made by the legislature, where politicians abide by them, where the public servants adhere to and implement them faithfully and where the people are honest and enlightened, the role of the judiciary need not be demanding. But when this highest of bodies in the land becomes corrupt, it makes laws that favor the rich, deprive the poor and the honest. It ultimately becomes impotent and fails not only to make good laws but is least able to serve as the most powerful of the three branches of government to check and balance the other two. The judiciary: Where justice prevails, democracy will live. The role of the judiciary must not only be to interpret the laws made by parliament without fear or favour but to inspire and check the legitimacy with which the parliament and the executive conduct their business. But if the judiciary, as the last recourse and refuge against corrupt leadership and public administration, is corrupt, then the rule of law no longer prevails and all hope is lost and democracy must itself crumble. Business: Trade, industry and commerce are the engine of growth, the main basis of a countrys economy and thus its well being. Corruption within it and collusion by leaders, law makers and public servants, with it causes rust and corrodes the very mettle of the engine. There is no profit for business if, in turning its wheels, the oil must come from officials it has tempted and corrupted. The wheels of trade and industry must be greased by the oil of innovation, hard work, and fair competition. Business nourished by corruption, will ultimately decay and come to a grinding halt. And both business man and the nation shall become poorer. The media: The absence of a free and responsible media marks the absence of true democracy. The more vibrant the media so will democracy be. Without the media, how else would we enjoy the freedom of thought, expression and information that are the very essence of democracy? But as the fourth estate, the media is often seen and envied by 4
those who are accountable to the people as the most powerful branch without accountability. When the media is owned by a few with vested interests and profit becomes its sole motive, corrupt practice is inevitable. And when it becomes the instrument of corrupt politics, the essence of democracy is fully compromised. Religion: Religion is the source of spiritual nourishment. Our moral and ethical values spring from religion. But when religious institutions and personalities become corrupt and engage in unethical practices both for material gain as well as to spread their own faith, they threaten the very core of society. Society: When all those I have mentioned are corrupt, will not society itself be corrupt? How can society and any citizen for that matter, speak, report or act against corruption, if they condone it as silent spectators or are involved in corruption themselves? A society that tolerates corruption is devoid of moral strength, and if it does not understand that it will destroy it, it is not wise and will not make progress, much less find happiness. Ultimately, the kind of leaders and government that a society has is a reflection of the society itself and its values. Some common forms of corruption prevalent in Bhutan are abuse of authority, nepotism and favoritism, bribery, misuse of public fund, fraud, collusion and fronting. Corruption breeds because of a tolerant culture and weak leadership which manifests in systemic flaws, weak administration and hence lack of transparency and accountability; high discretionary powers; lengthy procedures; unclear and weak rules and regulations and weaker enforcement; weak accountability institutions including media and citizenry. Fighting corruption is a big challenge as it is a crime perpetrated between willing partners. Therefore, in a move towards engendering sustained concerted and result driven effort, a National Anti-Corruption Strategy Framework (NACSF) has been formulated in close consultation with stakeholders and experts. The Framework is a broad structural guideline and allows greater flexibility to agencies to put in place measures of their suitability within the seven broad strategic considerations, viz.: Promote Quality Leadership; Ensure Sustained Political Will; Review Legislative Framework to Make Corruption a High Risk Offence; Review and Strengthen Institutional Capacity; Review and Refine Systems: o Review & reform procurement system; o Strengthen public financial management system; o Review administrative systems; o Simplify procedures and regulations; o Minimize discretionary powers of decision-makers; o Establish clear & transparent protocols on policy and rule making; o Enforce code of conduct and ethics; & o Enforce declaration of conflicts of interest Develop Long-term Educational Strategy for an Awakened Citizenry; Promote Partnership with Stakeholders o Media; o Private sector; o Civil Society and NGOs; 5
o Spiritual Institutions; & o Regional and international anti-corruption initiatives. The Framework also presents corruption scenario and provides insights into how corruption may impact the four pillars of Gross National Happiness and ultimately the national mission of Gross National Happiness itself. Implementation aspects of the Framework will be overseen by the Good Governance Unit under the Prime Ministers Office and the Anti-Corruption Commission will support the unit wherever necessary.
2. BACKGROUND
Globally, World Bank estimates that more than USD 1 trillion is paid in bribes each year (World Bank, 2004). The research also reveals that the countries that tackle corruption and improve their rule of law can increase their national incomes by as much as four times in the long run and child mortality can fall by as much as 75 percent. Another research by IMF establishes decreased investment patterns by almost 5 percent in countries infested by corruption. The Asian Development Bank found that corruption adds 20-100 percent to the cost of procuring government goods and services in several Asian countries. Bhutan being predominantly a Buddhist country, Bhutanese have, since the arrival of Buddhism in the seventh century, adopted Buddhist values of LHA CHOE GEWA CHU1 and ME CHOE TSANGMA CHUDRU.2 These values have indiscriminately played an important role in keeping corruption low in Bhutan. Corruption as a critical governance issue was noted by our leaders as early as the first theocratic ruler, Zhabdrung Ngawang Namgyal, as evidenced in His statement, Although Bhutan had been once effectively brought under the beneficent influence of strict law and justice, it subsequently, on account of general corruption and laxity on the part of those in authority, became slack in all branches. If this should be allowed to continue, there would be no distinction between right and wrongdoing, no justice and without justice human beings cannot have happiness and peace. Today, as elicited by the Corruption Perception Survey 2007, corruption prevails at all levels of the society and it is growing. With the establishment of the Anti-Corruption Commission, the time also called for a national level strategy to collectively combat corruption in the country. It is in this light that the National Anti-Corruption Strategy Framework is formulated. The Framework
LHA CHOE GEWA CHU refer to: 1) Saving Lives; 2) Not taking what is not given; 3) Avoiding Sexual Misconduct; 4) Not lying; 5) Not sowing Discord; 6) Avoiding harsh words; 7)Avoiding worthless chatter; 8) Avoiding covetousness; 9) Wishing good for others and 10) Avoiding wrong views. 2 ME CHOE TSANGMA CHUDRU refers to: 1) Have respectful confidence & faith in the Triple Gem. 2) Practice self development through body, speech & mind. 3) Show honor & reverence to kind parents. 4) Show respect to the learned & the wise. 5) Honor & respect the elderly & people of nobility. 6) Be honest and kind to all relatives & friends. 7) Be helpful to people in the locality/ neighborhood. 8) Be honest & incorruptible.9) Be always gentle & decent. 10) Live a moderate live free from extreme livelihood. 11) Repay the kindness of the generous. 12) Avoid deceptive conduct & fraud in weights & measures. 13) Avoid jealousy and cultivate friendship with all. 14) Avoid the company of evil & deceptive friends. 15) Avoid the words of bad (wo)men. 16) Be patient, farsighted & capable of enduring hardships in fulfilling ones duties
1
provides all-inclusive aspects of corruption; its forms and causes3, as prevalent in the country and recommends appropriate measures to effectively and efficiently tackle corruption from taking deep roots in the country. The formulation of National Anti-Corruption Strategy Framework by the Anti-Corruption Commission is in keeping with the duty bestowed upon it by Article 54(b) of the AntiCorruption Act 2006 and it is in good conjunction with the governments policy of Zero Tolerance to Corruption.
3. POLICY STATEMENT
The main driving force behind fight against corruption came from the Golden Throne. Recognizing the immediate threat corruption posed to the happiness of His people, His Majesty the 4th Druk Gyalpo decreed the establishment of the Anti-Corruption Commission to spear-head the fight against corruption in December 2005. Our Monarchs profound public addresses underpin their deep concern over corruption and the urgent need to fight it.
It is the responsibility of every Bhutanese to act against corruption in our country. -Fourth Druk Gyalpo
The rise of corruption in Bhutan is a challenge we face. How big the challenge is, will depend on how soon and how strongly we decide to oppose itthere is no room for corruption - it is as simple as that, not now and not in the futureIt is not enough to be honest - there is no substitute to living by a simple rule I will not be corrupt and I will not tolerate corruption in others. -Druk Gyalpo.
In keeping with the deep concern of our Monarchs, the ruling government embraced the policy of Zero Tolerance to corruption. The seriousness to fight corruption is evident from the abstract of the governments manifesto.
3 Forms and causes of corruption in the country are based on the Corruption Perception Survey 2007 and the complaints received by ACC till date.
We will promote public education, including in schools and special advocacy programmes to increase peoples awareness as a strategy for prevention of corruption. We will ensure transparency and accountability and institute check and balance instruments. Concerted efforts will be made to expedite the process of investigation, prosecution and trial and the uniform application of the laws on all citizens alike Systematic reviews and simplification of the rules and regulations will be undertaken as an important anti-corruption strategy. We will support the ACC and the RAA to identify the cause and forms of corruption .. so that a comprehensive and realistic anti corruption strategy and implementation plan can be formulated. ----Manifesto----Druk Phuensum Tshogpa
4. DEFINITION OF CORRUPTION
There is no universal definition of corruption. According to Transparency International4 (TI), Corruption is operationally defined as the misuse of entrusted power for private gain. (Transparency International, 2008) The ruling governments manifesto refers to corruption as the bane of society,an incurable cancera social evil that impedes economic growth, induces inequality, deepens povertyand results in the exploitation of the poor. (Druk Phuensum Tshogpa, 2008) The Anti-Corruption Act, 2006, defines the corrupt as Any person with a corrupt intention accepts or obtains or agrees to accept or attempt to obtain; gives or agrees to give or offers any gratification to any person or entity as an inducement or reward for doing or forbearing to do an act relating to the exercise or non-exercise of power in office or in the course of official duty, rendering the gratification an undue gratification. (AntiCorruption Act, 2006) In essence, corruption is an act by an individual5 who unlawfully6 and wrongly7 uses his/her official position to benefit himself/herself or someone related or close to him/her at the cost of others.
4
Transparency International is a global civil society organization that leads the fight against corruption in the world.
Individuals means- a person or a group of persons
Embezzlement commonly occurs in accounts, procurement and revenue sections, project payments and in human resources divisions. The common modus operandi adopted is false muster roll payments through double bookings, false DSA/TA/DA/porter/pony claims, manipulation in stock and cash balance adjustments and excess payments to contractors and suppliers. Major causes of embezzlement are non-compliance of financial norms, general failure in the implementation of Code of Conduct & Ethics, poor moral values, lack of proper check and balance mechanisms, poor accountability and general weakness in administration, weak leadership without supervisory accountability but with discretionary power.
5.4 Bribery
Bribery is an act of giving, taking or soliciting bribes. The act involves offering, taking or soliciting a benefit or a gratification that directly or indirectly affects the action of a public servant. The act is very often disguised and camouflaged in the form of gifts, which are considered customary tradition and other gratification such as employment and scholarship for the public officials relatives, holiday and hospitality. Bribery takes place due to lengthy procedures, unclear and multiplicity of rules with loopholes for manipulation, lack of information and transparency of rules & procedures, discriminatory application of laws and rules, general failure in the implementation of Code of Conduct and inefficient service delivery.
5.5 Fraud
Fraud is deceiving somebody to get a benefit. Fraud is mostly prevalent in the area of claiming and disbursing payments like travel bills, medical bills and daily subsistence allowance bills, contract bills and labor payments. It is also common in bank guarantee facilities. Major causes of fraud are the absence of a proper check and balance mechanism and general weakness in the administration. Poor moral values may be an important factor in committing fraud.
5.6 Collusion
Collusion is a secret deal between parties to deceive government or somebody through a dishonest act for their benefits. Collusion generally happens in government procurements through bid rigging, leakage of privileged information and unprofessional bid assessment. The main causes of collusion are lengthy procedures, unclear and multiplicity of rules with loopholes for manipulation, discretionary powers, weak oversight and monitoring, lack of transparency and accountability, non-application of the rule of rotation of staff, general failure in the implementation of Code of Conduct & Ethics and inefficient service delivery. Collusion may also be attributed to poor moral values and social ties.
5.7 Kickbacks
Kickbacks refer to payments made by suppliers to representatives of the procuring agencies in exchange for contracts secured through unfair means.
10
The main causes of kickbacks are systemic flaws, lengthy and vague rules, lack of check and balance mechanisms, poor supervision, lack of transparency and accountability, absence of service standards and general failure in the implementation of Code of Conduct & Ethics.
5.8 Fronting
Fronting is an agreement executed between a legitimate licensed company/business enterprise and unlicensed individuals/groups for running the business for a certain consideration9. Fronting in Bhutan is generally associated with retail businesses, mining operations, software and manufacturing industries and procurement. The main causes of fronting are absence of an effective monitoring system, weak laws and weaker enforcement and absence of Business Code of Conduct and Ethics.
11
figure is pe eoples perception of f forms of co orruption fro Peoples om The following f ude urvey 2008. Attitu towards Corruption and ACC Su
f atrix outlines types and c causes of co orruption alon with poss ng sible risks: The following ma
TypeofC Corruption Abuseofpower f Ca ause Weak recruitment system fo W or leaders, discretion nary powers, poo or ac ccountability,wea akmechanismfo or de etection and pu unishments, weak ov versight, genera failure in the al im mplementation o the Code o of of Co onduct and Eth hics, weak media an ndtolerantcultur re. Un ncontrolleddiscr retionarypower. Ab bsence of a sys stem of declaring co onflict of inter rest. Failure to co omply with the code of conduc ct an ndethics.Absenc ceofpropercheck an balance mec nd chanisms in the sy ystem and lack of grievance re e dr ressalavenues. La of proper ch ack heck and balance mechanisms. Weak m kleadership,high h di iscretionary power. Non n co ompliance with the financial laws t s. Po oorsupervision. Risk Area It runs though all form of corru h uption. In all in nstitutions. Risk O Organization
Nepotism m Favoritis sm
Centra agencies al Planned deve elopment activities s. Autono omous agencies Project imple ementation Project ts, Recruitment, transfer, promoti and ion training. Local g governments
and
Financial app proval and disburse ement. Revenue collection both at cen ntral and local level
12
Bribery/Kickback
Fraud
Uncontrolleddiscriminatorypower Nonuniform application of laws, rulesandnorms. Unclear and lengthy procedures, lack of information and transparency. Failure to implement codeofconductandethics. Inefficientservicedelivery. Socialdemandsandobligations. Systemicflaws Unlimited wants lengthy procedures, unclear rules, weak supervision and lack of check and balance. General administration weakness andpoormoralvalues Nonapplication of the rule of rotation, lack of transparency and accountability, discretionary powers, weak oversight body, failure in the implementation of Code of Conduct and Ethics. Inefficientservicedelivery. Poormoralvaluesandsocialties.
Contract administration Services delivery organizations Recruitment, promotions, transfer and trainings. Adjudication of cases Elections
Academic transcripts, bank guarantees, TA/DAs, Bills and other government clearances
Government procurement system Foreign investments Processing of mining leases and rights Hiring of machineries and vehicles
Procurement section Licensing divisions Trade division Natural resources regulatory agencies
Moneylaundering
Weakentrepreneurialcapacity. Lackofresources. Lackofmonitoringsystem. AbsenceofBusinessCodeofEthics. Socialnetwork Lackofintegrity Weakregulatorysystems Lackofadequatelegislationandlaw enforcement. Globalizationoffinancialmarkets
Retail and whole sale business in border towns. Manufacturing industries. Deployment machinery of and construction
and
retail
and
other
financial
financial
6. IMPACT OF CORRUPTION
Corruption retards sustainable economic development; it degrades the environment and its resources; it disrupts social harmony and obstructs good governance initiatives and the rule of law. It undermines security and political stability. For Bhutan, corruption can be the greatest impediment to achieving the national goal of Gross National Happiness. Corruption betrays public trust and confidence in the government and public officials. Corruption is anti-GNH, as elicited below: 13
7. STRATEGIES
In order to fight corruption effectively and aggressively, the following strategic considerations have been emphasized. These strategic considerations are broad, interrelated and provide a platform for entry points for programs and activities by ministries, autonomous agencies and other stakeholders. The strategies are in no way exhaustive. 14
Favoritism and nepotism, by nature, committed with conflict of interest result in serious corrupt acts. However, these forms of corruption, though rampant, the PCB 2004 has no penalty clauses for them. If such offences are dealt under misuse of authority, the penalty is official misconduct, which is a misdemeanor. Favoritism, nepotism, conflict of interest and misuse of authority cause huge losses and damages to the government. Besides strong laws on such issues, there also has to be a cultural shift to recognize these as serious problems. Bribery is a rampant form of corruption. According to sections 291 and 293 of PCB 2004, the grading of bribery is done based on the value of bribe at the time of crime. Under value-based sentencing of section 18 (d), bribery will be classified as petty misdemeanor if the value or the amount of bribe paid is less than the total amount of the daily minimum national wage rate10 less than seven years at the time of crime. By this calculation, anyone giving or receiving a bribe of Nu. 252,000.00 or below at a time will fall under petty misdemeanor. The sanction for petty misdemeanor, according to section 14 of the PCB 2004, is a maximum of less than a year and minimum of a month of imprisonment. With the current level of economic development, Nu. 252,000.00 is a huge temptation to resist when the penalty is minimal at less than a years imprisonment, which works out Nu. 36000 as Thrimthue. The PCB 2004 and ACA 2006 have to be reviewed for harmonization and more importantly to make corruption highly risky and costly. Apart from the PCB 2004 and ACA 2006, there are other complementary legislations (e.g. civil service, environment, forestry, tax & customs, procurement, banking, etc.) to curb corruption. These legislations must be examined and amended, if necessary, to make them at par with the main anti-corruption acts. In addition, with the need of the changing times, new acts must be formulated, particularly those vital to curbing corruption such as Contract Act, Access to Information Act and Anti-Money Laundering Act. In the strategic and collective fight against corruption, the importance of clear and stringent laws cannot be over-emphasized. These laws must make corruption a high risk, high cost and low benefit offence. The review of laws must be done on a regular basis to update them with the need of the changing times. The review of PCB, CCPC and ACA has already been initiated by the National Council and ACC.
Daily minimum national wage rate is the rate fixed by the Government from time to time. The current national wage rate is Nu. 100 per day.
16
The capacity of the Office of the Attorney General should be strengthened on prosecuting corruption cases in courts. For the Royal Audit Authority, capacity should be developed on sensing and detecting corrupt conduct during their regular auditing. The Anti-Corruption Commission, being the lead agency in fighting corruption, needs institutional capacity development in areas of investigation, prevention and public education. ACCs capacity development in intelligence and networking for detection of corruption is very important. In ministries, departments, autonomous bodies, corporations and educational institutions capacity must be developed to undertake corruption risk assessment, to plug systemic loopholes, to implement anti-corruption policies and strategies and to promote professional ethics in employees.
i.
Public procurement for works, goods and services has a huge budget outlay. Any lack of trained professionals, weak regulation and weaker enforcement would result into huge loss to the public exchequer. Hence, it will be a major proactive anti-corruption strategy to review and refine the public procurement system as a whole. The system review must provide a public procurement system which is easy to implement, with mechanisms of transparency and accountability of decisions made including avenue to channel contractors/suppliers grievances. The review must bring in efficiency in terms of resources spent and the quality of the products purchased. As recommended by the Pay Commission, (Pay Commission, 2008) Procurement Division has been created to professionalize procurement. The revised Procurement Manual and the Standard Bidding Document for works are in force. However, with the urgent need for public advocacy, capacity development and bid protest regulation, there is also a need to look into the whole system of public procurement. As recommended by the Pay Commission (Pay Commission, 2008) as one of cost cutting measures, centralized procurement system needs to be studied.
17
ii.
Financial rules have served their purpose in the past. With the changing times, financial rules have to be reviewed and updated. In consultation with the Royal Monetary Authority and the Ministry of Finance, financial institutions must review and explore ways to strengthen the public financial management system. There is an immediate need to reduce direct cash dealings in financial transactions. The human interaction in financial transactions must be reduced to the lowest level to curb bribery and other malpractices and to detect the money path when such acts are committed. Information Communication Technology (ICT) will be used wherever necessary to reduce the human factor in financial transactions.
iii.
Administrative procedures and regulations should be customer friendly and cost effective. Lengthy procedures and hard-to-follow regulations encourage people to take shortcuts through grafts and bribes. Vague regulations and lengthy procedures are some of the main causes of corruption. Therefore, an effort has to be made to simplify regulations and procedures in all agencies. This can be done through the Standard Cost Model. The Standard Cost Model (SCM) is a tool to assess administrative burdens and help simplify procedures in public service delivery. One-stop-shop and service standards are also some tools that are being implemented to make procedures simple and transparent. The process for institutionalization of the above tools has begun through a multi-sectoral task force based in the RCSC.
iv.
Monopoly and discretionary power accompanied by lack of accountability and transparency, is another cause of corruption. Therefore, the government in partnership with the concerned agency will study the discretionary power enjoyed by public officials and concentrate on limiting it to as low as possible. This can be done by putting in place a clear regulations and legal frame works to guide institutional conduct. The system of declaring conflict of interest will be made mandatory in all decision making processes.
v.
Clear and transparent protocol of formulating policies and rules has to be established. Clear processes with responsible actors will be spelt out for initiating any policy or rule, consultation including public engagement as policies and rules impact on their lives, approval, enforcement and review for relevance, efficiency and transparency.
vi.
The Code of Conduct and Ethics is the ultimate terms of reference for all employees. It is a useful written guide for ethical behavior in organizations. Although civil servants are governed by BCSR 2006 Code of Conduct and Ethics11, it is vital that every institution has its own code of conduct and ethics incorporating its own values. No two institutions
11
Chapter 2 (page 2) of BCSR-2006 spells out the generic code of conduct and ethics of all civil servants bestowed with the privilege of honour to serve the Tsawa Sum.
18
are alike in their functions and mandates. An emphasis will be made on proper compliance by drawing up an appropriate redressal and punitive mechanisms. It is also important to align provisions of the Code of Conduct and Ethics to the functions and mandate of the respective organizations.
vii.
A conflict of interest is a situation where an individual, or the organization he /she represents, has some sort of real, potential or perceived conflict of interest (both positive and negative) with the activities he/she undertakes. Although there is a need to declare conflict of interest according to section 8 of Chapter 2 of the BCSR-2006, there is hardly any record of agencies complying with it. Therefore, all agencies will have a system of declaring conflict of interest while discharging official duties, especially during important decision making processes like policy formulation, contract evaluation and award thereof, promotion meetings and employment. The purpose of conflict of interest laws is to prohibit public employees from personally benefiting or favoring/punishing someone at the expense of the public interest. Where a conflict of interest exists, the employee must publicly announce the interest creating the conflict, and must also disqualify himself/herself from involving in the decision making process. There will also be a system within the code of ethics to appropriately punish nondeclaration of conflict of interest.
19
Since there cannot be a clean government with a corrupt private sector or vice versa, integrity program is equally important for private businesses. The Ministry of Economic Affairs and Bhutan Chamber of Commerce and Industries (BCCI), in collaboration with other stakeholders, need to promote integrity and ethical conduct of businesses. Mandatory courses on code of ethics, integrity pacts, risks and costs of unethical conduct etc. need to be developed in the private sector training programs. An integrity and value education program through joint and collaborative efforts is absolutely necessary to build an awakened citizenry. With high integrity, moral values and professionalism, corruption will decrease taking the people closer to Gross National Happiness.
i. Media
Media as the fourth arm of the government has an important role in building a strong democracy through sensitizing citizens on rule of law, bringing citizens voice to the fore and holding government and public officials accountable for their action or inaction. Incorruptible and professional media12 is one of the most important partners in fighting corruption. Media not only informs citizens on all aspects of corruption but also can expose corrupt individuals/groups through independent and professional investigative journalism. Partnership with media needs to be built through establishment of an information network and support their institutional and legal roles through facilitation of access to information. Capacity building, especially in the field of investigative journalism, needs to be encouraged in various media houses. It is also important for the media fraternity and the regulators to build high standards of professionalism, integrity and accountability in media organizations and professionals.
12
20
21
common regional/global agenda to fight corruption resolutely for the well being of all peoples.
9. CONCLUSION
Bhutan, as a small nation that aspires for eternal peace, security and happiness for her people, cannot afford to tolerate corruption and be complacent. Corruption undermines justice and equity, the very essence of democracy. It traps people in a vicious cycle of poverty, causes social, economic, environmental and political crises, which may potentially stake national security and sovereignty. Zero Tolerance to corruption shall mean that corruption shall be dealt collectively, aggressively and resolutely through NACSF. An effective monitoring and evaluation system shall be put in place. While every agency will have to consciously implement the anti-corruption program and activities, it is critical that citizens are empowered to fulfill their sacred and fundamental duty to fight corruption as enshrined in the Constitution and in making governments and public officials accountable. Anti-corruption agencies including the media shall be enabled to perform effectively, without fear and favor. Bhutan has been acclaimed internationally for her novel and profound development philosophy, the wise policies that have given better quality of life to her people. She enjoys a unique advantage when corruption is rendering governments ineffective, allowing societies to degenerate and destroying nations. The new political dispensation of parliamentary democracy offers great opportunities and challenges. Bhutan is endowed with the right conditions and the great opportunity to be the cleanest in the world and be a role model to the world. His Majestys Coronation address to the nation states, As citizens of a spiritual land you treasure the qualities of a good human being: honesty, kindness, charity, integrity, unity, respect for our culture and traditions, love for our country and for Dharma. The future is neither unseen nor unknown. It is what we make of it. What work we do with our two hands today will shape the future of our nation. Our childrens tomorrow has to be created by us today. Bhutan enjoyed unprecedented peace and progress under the caring, wise and visionary leadership of her successive Monarchs and now it is the people, in whom the Constitution 22
vests the sovereign power, who must take the country forward towards greater happiness, stability and prosperity. Indeed, as His Majesty the 4th Druk Gyalpo always said, Destiny of the country lies in the hands of the people.
9. REFERENCE
Anti-Corruption Annual Report (2006,2007) Galay, K. (1999). Corruption in Bhutan & Areas of Improvement. Thimphu: Centre for Bhutan Studies. & 2008) Anti-Corruption Act. (2006). Anti-Corruption Act. Thimphu: ACC. Hamilton, T. (2008). An ICAC perspective on the effective detection and investigation of corruption. Doha Anti-Corruption Conference, (p. 3). Doha. Herzfeld, A. D. (2005, june). The Economic Costs of Corruption: A Survey and New Evidence. Retrieved 2009, from http://129.3.20.41/eps/pe/papers/0506/0506001.pdf: http://129.3.20.41/eps/pe/papers/0506/0506001.pdf Shepotylo, O. (2009). The Economics Effects of Corruption. Retrieved 2009, from The Ukrainian Observer: http://ukraineRabten, P. (2009). Good Governance and Gross National Happiness. Thimphu : Center for Bhutan Studies. observer.com/articles/228/991?PHPSESSID=59356de0ecf897fc2b6f72a106f13b7e Thinley, J. Y. (2009). Keynote Address. Thimphu: ACC. Tshokpa, D. P. (2008). Party Manifesto. Thimphu: DPT. Wikipedia,. (2001, Jan. 10). Money Laundering. Retrieved June 3, 2009, from Money Laundering: http://en.wikipedia.org/wiki/Money_laundering World Bank. (2004, April Wednesday). News and broadcast. Retrieved June Wednesday, 2009, from Worldbank: http://web.worldbank.org/WBSITE/EXTERNAL/NEWS/0,,contentMDK:20190187%7E menuPK:34457%7EpagePK:34370%7EpiPK:34424%7EtheSitePK:4607,00.html Crown Agents (2007). Review of the Anti-corruption Commission and Progress on the Development of a National Anti-Corruption Strategy. Thimphu: Crowns Agent. Department of Public Service and Administration (2002). Public Service Anti-corruption Strategy. South Africa. Government of Sierra Leone (2005). National Anti-Corruption Strategy. Sierra Leone: Government of Sierra Leone 23
Royal Government of Bhutan (2004). The Penal Code of Bhutan. Thimphu: Royal Government of Bhutan. Swiss Agency for Development and Corporation. Fighting Corruption. SDC Strategy. The Directorate of Preventive Service. KACC. Guidelines for the Preparation of an AntiCorruption Policy for Public Institutions. The Government of Bulgaria. The National Anti-Corruption Strategy. The National Accountability Bureau (2002). National Anti-Corruption Strategy. Pakistan: The National Accountability Bureau. The Transparency International (2007). Anti-Corruption Training Manual. Transparency International (accessed in February, 2009). Anti-corruption Handbook. <http://transparency/org/ach/index.html> UNDP(2008). Asia-Pacific Transforming Lives. UNDP. Human Development Report. Tackling Corruption,
Voskanyan, F. ( 2000). A Study of the Effects of Corruption on Economic and Political Development of Armenia: Armenia. Pay Commission. (2008). The First Pay Commission Report. Thimphu: Pay Commission, Royal Government of Bhutan.
24
IMPLEMENTATION PLAN
Proposed Strategy/Activity Objective Output Proposed timeframe
Responsibility
StrategicConsideration1.Promotingleadership
Includeintegrityasan integralpartofrecruitment process,especiallyfor leadershippositions.Institute robustrecruitmentprocesses withappropriatetools includingeffectiveselection panelsforleadership positions. Tohavecredible leadersincivil service organizationswho canbelookedupto asrolemodels. RoyalCivil Service Rightpeoplein Onregularbasis therightplaceand forrecruitments Commissionand attherighttime andpromotions useragencies.
StrategicConsideration2.EnsureSustainedPoliticalWill
InaccordancewithHis Majestysvisionofcorruption freeBhutan,Governmentto adoptandsustainadefinite policyoncorruption. Tomainstreamanti corruption strategiesinto programsand activities. Adefinitepolicy oncorruption (manifesto alreadycontains it) Continuityofthis policy Throughout10th Government FiveYearPlan (July2008July 2013)
StrategicConsideration3.ReviewofLegalFrameworkstomakeCorruptionHigh RiskOffence.
ReviewPenalCode,ACCAct& CCPCforcorruptionoffences andsanctionsthereinand alsoreviewotheranti corruptionlegislationinthe Kingdom(inprogress). Draftnewlawssuchas Contract,Accessto InformationandAntiMoney LaunderingActs(1st&2nd alreadyinitiated). Tomakecorruption highcost,highrisk andlowbenefit offence Todeterpeople fromcorruptionby clearandstringent laws AconsolidatedAct oncorruption or Harmonized clausesinlawson corruption Tobereadied for2010 Parliament session Good Governance Committeeof theNational Council& Legislative committeeof theNational Councilin collaboration withtheAnti Corruption Commission
25
StrategicConsideration4.ReviewandStrengthenInstitutionalCapacity
Agenciesshouldreviewtheir institutionalcapacityinline withtheirrespective mandatesandworkloadsto improveitbasedonthe identifiedweaknessesand gaps(capacitytoimplement anticorruptionpoliciesand strategiessuchasassessment ofcorruptionrisks,pro activenessinaddressing systemicloopholes,sensing anddetectingcorrupt conductandensuring complianceofprofessional ethicsbyemployees). Tobuildarobust institutionswith adequate manpower,skills andknowledge. Cleaninstitutions withprofessional capacityand credibility. ByJuly2012 Byrespective organizations andGovernment tosupportin termof budgetary needs.
StrategicConsideration5.ReviewandRefineSystems
Procurement: Reviewandreformof GovernmentProcurement System,developtrainingand advocacyprogramand institutegrievanceredressal mechanism. Strengthenpublicfinancial managementsystem: ExamineICTasaviable optiontoreducehuman interactionsinfinancial transactionsandalsolookat antimoneylaundering measures. Todevelopasimple andtransparent procurement systemforgoods, worksandservices Astandardand transparent procurement rules. Anefficient financial management systemwithless human interactions. ByJuly2010 Ministryof Finance
Toreducehuman interactionsin financial transactionstocurb fraud,briberyand embezzlement+ Reducedmoney launderingactivity. Toreducecostof servicesdelivery andincidencesof briberyandgraft.
ByJan2012
26
Enhancetransparency& efficiencyinservicedelivery throughdevelopmentof servicestandardsand establishmentofOSS. Minimizediscretionarypowers ofdecisionmakers: Reviewcurrentdecision makingprocess,examine transparencyandcollective decisionmaking. Introducedecisionmaking protocol. PolicyandRuleMaking Protocol Establishclear&Transparent ProtocolonPolicyandRule Making. Enforcecodeofconductand ethics: Agenciesshouldformulate theirowncodeofconduct andenforceit. Trainemployeesto understandthecode,its enforcementprocessand theirobligations. Enforcedeclarationofconflict ofinterest: Implementacompulsory systemofdeclaringconflictof interestsandenforceit. Trainemployeestoensure compliance.
ByJuly2010
Allconcerned agencies
ByJuly2010
Cabinet Secretariat
ByJan2010
Allconcerned agencies
ByDecember 2009
Allconcerned agencies
StrategicConsideration6.LongtermEducationalStrategyforanAwakened Citizenry
Improveschoolscurricular Toinculcatemoral ByFebruary Ministryof
27
contentonvalueeducation includingdelivery. Developcurricularcontenton valueeducationand professionalethicsintraining institutesandcolleges. Drawanddesigntrainingfor inservicecivilservantson integrityandprofessional ehtics. Drawanddesignmass educationprogramonvalue andintegrity.
valuesthrough educationsystemto buildanawakened citizenry. Tobuildan incorruptiblecivil service. Todisseminate informationto generalcitizen aboutthemenaceof corruption.
Ongoingandto continueon regularbasis
Education,Royal Education council,Royal Universityof Bhutan.Ministry labor&Human Resources,RCSC &RIM. ACCfor corruption education program
PromotingPartnershipwithStakeholders.
I.Media. Coordinateandcollaborate withallmediahouses. Asamediumof publiceducation, publicexpressions andtoexpose corruption. Toencourageclean businesspractices throughenhanced businessethics. Improved businessethics Mediareportson corruption Onregularbasis ACC&Media Onregularbasis ACC&BCCI
OnregularBasis
Onregularbasis
28
Onalltimebasis 2011
Implementation
Monitorandevaluatethe implementationofthe proposedstrategic considerations toensureproper implementationof thisstrategy Corruptionfree society Monitoringon alltimebasis andevaluation in2012 Good Governance Unit,PMOffice
29