IMPACT Integrity Management and Programs for Accountability and Transparency

1. IMPACTIntegrity Management and Programs for Accountability and Transparency Preventing Corruption through Access to Information By: Fredrik Eriksson, Managing Director, IMPACT United Nations Conference on Anti-Corruption Measures, Good Governance and Human Rights Warsaw, 8-9 November 2006

2. GOVERNANCE CAPACITY, HUMAN RIGHTS AND RISK OF CORRUPTION QUALITY OF LIFE RESPECT, PROMOTION AND FULFILMENT OF HUMAN RIGHTS CAPACITY FOR POLICY IMPLEMENTATION( incl. law enforcement) RISKFOR LOWER CAPACITY: PETTY CORRUPTION CAPACITY FOR POLICY FORMULATION RISK FOR LOWER CAPACITY: GRAND CORRUPTION Informs institutional design to ensure pursuance of common interests. SOCIAL POWER: political, economic, and normative/ideological. ”Social power relations exist wherever some human subjects (individual or collective) are able to lay routine, enforceable boundaries upon the activities of other human subjects (individual or collective), in so far as that ability rests on the former subjects control over resources allowing them, if they so choose, to deprive the latter subjects of salient human values.” –Poggi, G., Forms of Power (Cambridge: Polity Press, 2001), p. 14.

3. The Promising Platform Human Rights Based Approach: • Identify capacity empowerment needs of both duty-bearers & claim-holders to realise human rights: access to information is at the core

4. Poland: Transparency in Politico-Administrative Relations • Different history compared to other consolidated democracies shaping attitudes within and towards the public administration. • After communism: Weak public administration and problems with clientelism and a highly politicised public administration after communism: facilitated corruption.

5. Clientelism undermining the rule of law • Political patronage undermines meritocracy –professional qualifications become irrelevant. • Promoted officials serve the interests of their patrons –no matter what the law says. • Drains competency, trust and permanence • Facilitates corruption and control over state resources by networks of politicians, public administration officials, businessmen and criminals.

6. Civil Service Act 1998 • Law 18 December 1998 • Clear criteria for becoming a civil servant: • Nomination • At least 2 years work experience • Masters degree • Knowing a foreign language • Introduced competitive procedures

7. New Zeeland: Civil Services Commission Responsible for: • Appointment and employment of Public Service chief executives (General Directors) on behalf of the State • Reduces the risk for clientelism, favouritism and conflict of interest.

8. New Zeeland: Appointment of Chief Executives in the Public Administration Steps: 1. The Government specifies the job to be done –the job order 2. The (independent) State Services Commissioner selects and recommends to the Government the best candidate 3. Government approves the recommendation 4. The State Services Commissioner appoints the approved candidate and acts as employer for the State