Joint efforts against corruption to achieve the MDG in Latin America and the Caribbean

UNITED NATIONS INTERAGENCY AND REGIONAL WORKSHOP Joint Efforts against Corruption to Achieve the MDG in Latin America and the Caribbean

Contents Presentation .................................................................................................................................................. 1 I. Background ................................................................................................................................................ 4 II. Pilot workshop and main results ............................................................................................................... 4 III. Findings .................................................................................................................................................... 7 IV. Recommendations ................................................................................................................................... 8 Reference web sites ...................................................................................................................................... 9 Outstanding document ................................................................................................................................. 9

UNITED NATIONS INTERAGENCY AND REGIONAL WORKSHOP Joint Efforts against Corruption to Achieve the MDG in Latin America and the Caribbean DE LAS NACIONES UNIDAS L u c h a C o n j u n t a C o n t r a l a C o r r u p c i 贸 n p a r a e l L o g r o d e lo s O D M e n A m 茅 r ic a L a t in a y E l C a r i b e

Presentation There is evidence showing that corruption is a limiting factor in the achievement of the Millennium Development Goals (MDGs), as well as in the progress of Human Development and the access to Human Rights. On October 23, 2003 the UN Member States approved United Nations Convention against Corruption (UNCAC), becoming the first legally binding global instrument in the fight against corruption.

The Convention emerges from two main concerns. First corruption can flourish anywhere in the world, but its consequences can be more damaging for the poorest countries, undermining efforts for sustainable human development. Second, while corruption is experienced in both the local and national levels, it is also a transnational phenomenon that requires international cooperation with a joint and multidisciplinary approach.

Although there is no direct reference to the problem of corruption in any of the MDGs, it is becoming increasingly clear that progress in achieving the MDGs depends on factors such as greater institutional transparency, greater levels of integrity and accountability in public management, and greater control and monitoring by citizens that actively participate using access to public information tools. This has been documented for example, in cases of diversion of public resources that could have been directed to social services (schools, hospitals, and medicines); human development policies and economic development; and greater investment in productive activities, among others. This diversion of resources tends to have the most adverse effects on those sectors of society that are most vulnerable (people with fewer economic educational resources). Moreover, corruption can affect the quality of democracy and the access to individual freedoms, as shown by the testimonies of those known as whistleblowers, people who dare to denounce corruption cases, and who often do not obtain support and protection from State institutions.

Indeed, Chapter II of the UNCAC can be read as an authentic framework for good governance, promoting actions against corruption, focusing on prevention from an integrated approach, rather than pursue isolated measures.

It is precisely corruption as a multi-dimensional problem that requires cross-cutting approaches for prevention, detection and sanctioning. Therefore it is necessary for the United Nations System (UNS) to promote a coordinated interagency effort. The UNCAC is playing an increasingly important role in Latin American and the Caribbean as a mechanism to promote integrated anticorruption policies. At the same time, the UNCAC Implementation Review Mechanism, effective as of November 2009 through Resolution 3/1 issued by the Conference of State Parties to the UNCAC offers an opportunity to not only review implementation but also to support the efforts of the States Parties to the UNCAC as they continue to strengthen their anti-corruption systems.

2

UNITED NATIONS INTERAGENCY AND REGIONAL WORKSHOP Joint Efforts against Corruption to Achieve the MDG in Latin America and the Caribbean

3

DE LAS NACIONES UNIDAS L u c h a C o n j u n t a C o n t r a l a C o r r u p c i ó n p a r a e l L o g r o d e lo s O D M e n A m é r ic a L a t in a y E l C a r i b e

In this context, UNDG LAC organized the First Regional and Interagency United Nations Workshop, "Joint Efforts against Corruption to Achieve the MDGs in Latin America and the Caribbean," which took place on 10-11 December 2012 in Panama. The workshop aimed was to create a space to not only share experiences and practices, but also to identify possible areas of collaboration and joint action against corruption and in favor of transparency and accountability by the various agencies of the United Nations System. The workshop was aligned with UNDG LAC´s Work Plan Outcome 1 for 2012, which concerns promotion of the national achievement of the MDGs, and was facilitated through joint efforts between the United Nations Office on Drugs and Crimes (UNODC) and the United Nations Development Programme (UNDP).

The Workshop´s main objectives were to: 1) Strengthen UNS staff capacity on anticorruption, transparency and the UNCAC in regional and country offices.

2) Identify the common problems experienced among different agencies of the UNS in the fight against corruption.

3) Highlight the interrelation between the fight against corruption and the achievement of the MDGs. 4) Identify opportunities to strengthen interagency collaboration in the field.

5) Promote the exchange of experiences and the dissemination of best practices.

This document shows the main results, findings and recommendations of the first workshop to promote and further strengthen interagency work on anti-corruption, transparency and accountability in Latin America and the Caribbean. The aim of the document is to serve as source and reference to promote future replications of the workshop through the Country Teams, and for the preparation of the United Nations Development Assistance Frameworks (UNDAFs).

Finally, a sincere acknowledgment of thanks to all those who made the realization of this workshop and the preparation and publication of this document possible, among which are: Gerardo Berthin, Louise Agersnap, Virginia de Abajo-Marqués, Karen Hussmann, Miguel Peñailillo, Borja De Aramburu, Bo-Shakira Harris, and Belita Ileana Siu.

Amado de Andrés Regional Representative UNODC

Freddy Justiniano Director a.i.

UNDP Regional Centre for Latin America and the Caribbean

UNITED NATIONS INTERAGENCY AND REGIONAL WORKSHOP Joint Efforts against Corruption to Achieve the MDG in Latin America and the Caribbean DE LAS NACIONES UNIDAS L u c h a C o n j u n t a C o n t r a l a C o r r u p c i ó n p a r a e l L o g r o d e lo s O D M e n A m é r ic a L a t in a y E l C a r i b e

I.

Background

In order to overcome the obstacles generated by corruption in the achievement of the Millennium Development Goals (MDGs), the United Nations’ agencies must coordinate their work to promote democratic governance, including accountability and policies for development, good governance and the fight against corruption and impunity in the countries of the region. Likewise, the impediments to development that corruption causes forces the entire organization to reflect on approaches to integrate anti-corruption components into programs and projects in order to achieve the MDGs. Progress in the achievement of the MDGs depends on factors such as the quality of democracy, greater transparency of public institutions and the improvement of the levels of integrity and accountability in the management of public resources. Given that the phenomenon of corruption is cross-cutting and affects all countries’ sectors and institutions, it requires an integrated mainstreaming approach for its prevention, detection and sanction. This reality requires a combined interagency work effort in the UN System to reduce the factors that can slow down the achievement of the MDGs until 2015, and strengthen the incorporation of factors such as transparency and accountability in the future development agenda for the Post2015 era, when the MDGs expire.

II.

The pilot workshop and its main results

The United Nations Development Group for Latin America and the Caribbean (UNDG LAC) together with the United Nations Office on Drugs and Crimes for Central America and the Caribbean in Panama (UNODC/ROPAN), and the Democratic Governance Team of the United Nations Development Program (UNDP) at the Regional Center for Latin America and the Caribbean organized in Panama on December 10th and 11th of 2012, the first regional UNS interagency workshop on anti-corruption, in commemoration of the International Anti-corruption Day. It was a pilot workshop aimed at sharing experiences, knowledge and good practices, and also sought to identify opportunities for the UNS agencies to work together. More than 30 professionals, representing 9 UN agencies (UNDP, UNODC, FAO, WFP, UNICEF, ONU-SIDA, UNEP, UNOPS and PAHO) from 4 countries in the region (Panama, Ecuador, Honduras and Guatemala) participated in the workshop.

The majority of participants were advisors, technical experts, and/or UN program officers and for several of them this was the first introduction to the anti-corruption topic. The participants were provided with basic training on the phenomenon of corruption, approaches to prevent and combat it, the impact of corruption on the MDGs, and the importance of mainstreaming anticorruption in key development sectors (health, environment and natural resources or justice and security among others).

4

UNITED NATIONS INTERAGENCY AND REGIONAL WORKSHOP Joint Efforts against Corruption to Achieve the MDG in Latin America and the Caribbean DE LAS NACIONES UNIDAS L u c h a C o n j u n t a C o n t r a l a C o r r u p c i ó n p a r a e l L o g r o d e lo s O D M e n A m é r ic a L a t in a y E l C a r i b e

The participants also received training in the UNCAC and its review mechanism. Last but not least, they also focused on the UNDAF as one of the tools to plan interagency activities, which provides a good entry point for incorporating measure for anti-corruption. The workshop was facilitated by the UNDP Regional Centre´s Governance Advisor, the Crime Prevention and Criminal Justice Officer of UNODC-Vienna, and two Associate Experts from the UNDP Regional Center’s Democratic Governance area. The workshop methodology placed special emphasis in capacity building and working groups.

The working groups identified a number of corruption risks in their respective sectors. For example, in the environment and natural resources sector, the institutional weakness and avoiding procurement procedures were recognized as risks, warning of additional factors such as organized crime and drug trafficking. In the health sector multiple vulnerabilities were identified such as: excessive overpricing of medicines; limited access to generic drugs because of weak regulations and often times due to the generation of special interests; lobbying and financing of political parties by commercial laboratories; retaliation and few guarantees with little protection for whistleblowers; "cronyism," and political clientelism in public office appointments. In the security and justice sector, lack of political will to strengthen administrative and judicial civil service career systems, and shield them against potential political influences, such as conflict of interest within organizations, both public and private.

Participants also identified existing mechanisms and/or best practices that the agencies use to mitigate potential risks. For example, assessment tools to evaluate the capacities of government counterparts to implement projects and programs (such as the Harmonized Approach to Cash Transfers, HACT), technical assistance, performance indicators, public awareness, empowerment of citizen observatories and promotion of participatory mechanisms. , They also highlighted the importance of producing and disseminating strategic information and training for counterparts, as well as the oversight mechanisms of the entities.

Finally, the working groups proposed eight preliminary initiatives for interagency anti-corruption and transparency work: 1.

2.

3.

Through coordinated inter-agency work, mainstream anti-corruption preventive and strategic components in United Nations’ programs and projects.

At the country level under the leadership of the Resident Coordinators, promote and identify opportunities to incorporate and/or mainstream an anti-corruption approach with the government counterparts in programming tools like the UNDAF (especially during the Comprehensive Country Analysis - CCA).

With the aim to promote the analysis and the strengthening of institutional capacities and governance integrate, with the assistance of UNDP/UNODC, the approach of governance and anti-corruption in the work of the specialized agencies and the sectors and counterparts, especially with sub-national governments.

5

UNITED NATIONS INTERAGENCY AND REGIONAL WORKSHOP Joint Efforts against Corruption to Achieve the MDG in Latin America and the Caribbean DE LAS NACIONES UNIDAS L u c h a C o n j u n t a C o n t r a l a C o r r u p c i 贸 n p a r a e l L o g r o d e lo s O D M e n A m 茅 r ic a L a t in a y E l C a r i b e

4.

5.

6.

7.

8.

Improve the accountability of government counterparts through the promotion of tools and indicators for monitoring and evaluating programs and projects.

Support the state audit organizations in the control of public procurement through joint initiatives between UNOPS, UNDP, UNODC and international financial organizations.

Offer training and capacity building opportunities, jointly by UNODC and UNDP, to strengthen the capacity of managers, advisors, program officers and project/program coordinators in their knowledge of the UNCAC anti-corruption measures and its programmatic operationalization in key sectors and appropriate agencies.

Raise awareness in the justice and legislative bodies on tools for the prevention of corruption through complementary efforts by UNODC and UNDP. Promote programs for the protection of victims, witnesses and complainants of corruption acts, as well as strengthen the participation of civil society in judicial proceedings on corruption, providing training jointly offered by UNODC and UNDP.

Source: Based on presentation by Karen Hussmann in the Workshop, 2012

6

UNITED NATIONS INTERAGENCY AND REGIONAL WORKSHOP Joint Efforts against Corruption to Achieve the MDG in Latin America and the Caribbean DE LAS NACIONES UNIDAS L u c h a C o n j u n t a C o n t r a l a C o r r u p c i ó n p a r a e l L o g r o d e lo s O D M e n A m é r ic a L a t in a y E l C a r i b e

III.

Findings

The pilot workshop helped to identify a number of key elements to take into consideration when incorporating anti-corruption, transparency and accountability elements in agency and interagency initiatives: 











It was recognized that theoretical and practical knowledge is needed in order to identify risks of corruption in the sectors where the agencies and their counterparts work, and that for this end it is necessary to develop strategies, policies and anti-corruption tools.

There is evidence that in agencies´ programs and projects anti-corruption components are not yet deliberately incorporated, and that there is little knowledge of the extent of the judicial and legal impact of international anti-corruption treaties, including the UNCAC. There is evidence of a need to more strategically and systematically incorporate anticorruption components in the UNS agencies’ programs and projects, as well as in interagency initiatives.

It was also recognized that a moral conviction promoted by the UNS agencies could affect positively the capacity to address ethical vulnerabilities in programs and projects with government counterparts.

Internal control and evaluation mechanisms of UNS agencies were identified. In some cases these are pertinent in preventing corruption in programs and projects, but are generally not as known within the UNS. Among participants, there is a genuine desire to promote partnerships and alliances to work jointly in anticorruption issues with relevant actors in the region, and in accordance with the mandates of the respective UNS agencies.

Image: United Nations Interagency and Regional Workshop, “Joint Efforts against Corruption to Achieve the MDGs in Latin America and the Caribbean.”

7

UNITED NATIONS INTERAGENCY AND REGIONAL WORKSHOP Joint Efforts against Corruption to Achieve the MDG in Latin America and the Caribbean DE LAS NACIONES UNIDAS L u c h a C o n j u n t a C o n t r a l a C o r r u p c i ó n p a r a e l L o g r o d e lo s O D M e n A m é r ic a L a t in a y E l C a r i b e

IV.

Recommendations

Taking into account all of the above, it is possible to make the following recommendations: 

Promote transparency and anti-corruption as an interagency commitment to incorporate components of transparency, integrity, and accountability in a more systematic way and with a strategic vision in the UNS agency programs and projects.



Utilize programming instruments such as the UNDAF, and integrate the analysis of the phenomenon of corruption in the CCA and other strategic documents as specific mechanisms and entry points to implement interagency initiatives to combat corruption.



Mainstream anti-corruption issues through sector analysis, and with feasible and realistic program frameworks for joint and/or coordinated efforts among the various agencies.



Train and build capacities within the UNS´ target groups from government and nongovernmental counterparts, on approaches and tools to prevent corruption and facilitate the integration of such components in programs and sectorial projects.



In order to convey externally an image of coherent integrity and accountability in the UNS, strengthen among UNS agencies the capacity to prevent and manage internal risk processes.



Integrating anti-corruption components in programs and projects requires technical support that can be provided internally by the UNS agencies such as UNODC and UNDP with comparative advantages, especially in the area of preventive mechanisms and institutional strengthening. Moreover, as the guardian of the UNCAC, UNODC can also promote punitive and enforcement aspects, as well as relationships with justice systems.



The requests from UNS agencies for technical assistance and advice on anti-corruption and transparency could be channeled through the UNDG LAC.

8

UNITED NATIONS INTERAGENCY AND REGIONAL WORKSHOP Joint Efforts against Corruption to Achieve the MDG in Latin America and the Caribbean DE LAS NACIONES UNIDAS L u c h a C o n j u n t a C o n t r a l a C o r r u p c i 贸 n p a r a e l L o g r o d e lo s O D M e n A m 茅 r ic a L a t in a y E l C a r i b e

Reference web sites UNDG LAC http://www.undg.org/index.cfm?P=685

UNODC, Regional Office for Central America and The Caribbean in Panama (ROPAN) http://www.unodc.org/ropan/

Regional Anti-Corruption Academy for Central America and the Caribbean http://www.academiaanticorrupcion.org/index.php/en/

Tools and Knowledge products Democratic Governance Practice Area, PNUD Regional Service Centre for Latin America and the Caribbean http://www.regionalcentrelac-undp.org/en/tools-and-knowledge-products-local-governance

Key document United Nations Convention against Corruption http://www.unodc.org/documents/treaties/UNCAC/Publications/Convention/08-50026_E.pdf

9

For more information contact:

Louise Agersnap Regional Coordination Specialist UNDG Secretariat for Latin America and the Caribbean City of Knowledge, Panama Tel: + (507) 302-4768 Email: Louise.agersnap@one.un.org

Melissa Flynn Coordinator Regional Anti-corruption Academy for Central America and the Caribbean (ARAC) UNODC Building 742, Balboa, Ancon, Panama Tel: + (507) 314-4920 Email: Melissa.Flynn@unodc.org

Gerardo Berthin Governance Policy Advisor UNDP for Latin America and the Caribbean Regional Centre City of Knowledge, Panama Tel: + (507) 302-4500 Email: Gerardo.berthin@undp.org