UN Guide for Anti-Corruption Policies - United Nations Office on ...

More documents

Recommendations

Info

Article 15 Incompatible outside interests 1. The public official should not engage in any activity or transaction or acquire any position or function, whether paid or unpaid, that is incompatible with or detracts from the proper per<strong>for</strong>mance of his or her duties as a public official. Where it is not clear whether an activity is compatible, he or she should seek advice from his or her superior. 2. Subject to the provisions of the law, the public official should be required to notify and seek the approval of his or her public service employer to carry out certain activities, whether paid or unpaid, or to accept certain positions or functions outside his or her public service employment. 3. The public official should comply with any lawful requirement to declare membership of, or association with, organisations that could detract from his or her position or proper per<strong>for</strong>mance of his or her duties as a public official. Article 16 Political or public activity 1. Subject to respect <strong>for</strong> fundamental and constitutional rights, the public official should take care that none of his or her political activities or involvement on political or public debates impairs the confidence of the public and his or her employers in his or her ability to per<strong>for</strong>m his or her duties impartially and loyally. 2. In the exercise of his or her duties, the public official should not allow himself or herself to be used <strong>for</strong> partisan political purposes. 3. The public official should comply with any restrictions on political activity lawfully imposed on certain categories of public officials by reason of their position or the nature of their duties. Article 17 Protection of the public official’s privacy All necessary steps should be taken to ensure that the public official's privacy is appropriately respected; accordingly, declarations provided <strong>for</strong> in this Code are to be kept confidential unless otherwise provided <strong>for</strong> by law. Article 18 Gifts 1. The public official should not demand or accept gifts, favours, hospitality or any other benefit <strong>for</strong> himself or his or her family, close relatives and friends, or persons or organisations with whom he or she has or has had business or political relations which may influence or appear to influence the impartiality with which he or she carries out his or her duties or may be or appear to be a reward relating to his or her duties. This does not include conventional hospitality or minor gifts. 2. Where the public official is in doubt whether he or she can accept a gift or hospitality, he or she should seek the advice of his or her superior. 134
Article 19 Reaction to improper offers If the public official is offered an undue advantage he or she should take the following steps to protect himself or herself: • Refuse the undue advantage; there is no need to accept it <strong>for</strong> use as evidence; • Try to identify the person who made the offer; • Avoid lengthy contacts, but knowing the reason <strong>for</strong> the offer could be useful in evidence; • If the gift cannot be refused or returned to the sender, it should be preserved, but handled as little as possible; • Obtain witnesses if possible, such as colleagues working nearby; • Prepare as soon as possible a written record of the attempt, preferably in an official notebook; • Report the attempt as soon as possible to his or her supervisor or directly to the appropriate law en<strong>for</strong>cement authority; • Continue to work normally, particularly on the matter in relation to which the undue advantage was offered. Article 20 Susceptibility to influence by others The public official should not allow himself or herself to be put, or appear to be put, in a position of obligation to return a favour to any person or body. Nor should his or her conduct in his or her official capacity or in his or her private life make him or her susceptible to the improper influence of others. Article 21 Misuse of official position 1. The public official should not offer or give any advantage in any way connected with his or her position as a public official, unless lawfully authorised to do so. 2. The public official should not seek to influence <strong>for</strong> private purposes any person or body, including other public officials, by using his or her official position or by offering them personal advantages. Article 22 In<strong>for</strong>mation held by public authorities 1. Having regard to the framework provided by domestic law <strong>for</strong> access to in<strong>for</strong>mation held by public authorities, a public official should only disclose in<strong>for</strong>mation in accordance with the rules and requirements applying to the authority by which he or she is employed. 2. The public official should take appropriate steps to protect the security and confidentiality of in<strong>for</strong>mation <strong>for</strong> which he or she is responsible or of which he or she becomes aware. 3. The public official should not seek access to in<strong>for</strong>mation which it is inappropriate <strong>for</strong> him or her to have. The public official should not make improper use of in<strong>for</strong>mation which he or she may acquire in the course of, or arising from, his or her employment. 4. Equally the public official has a duty not to withhold official in<strong>for</strong>mation that should properly be released and a duty not to provide in<strong>for</strong>mation which he or she knows or has reasonable ground to believe is false or misleading. 135
Page 2 and 3:
Disclaimer The views expressed here
Page 4 and 5:
FOREWORD United <s
Page 6 and 7:
UNITED NATIONS CON
Page 8 and 9:
Chapter IV International cooperatio
Page 10 and 11:
TABLE OF CONTENTS FOREWORD ACKNOWLE
Page 12 and 13:
VIII. DEALING WITH THE ILLICIT TRAN
Page 14 and 15:
I INTRODUCTION A. Background The <s
Page 16 and 17:
of the Commission for</stro
Page 18 and 19:
major policy agendas of the countri
Page 20 and 21:
Where the primary focus of the <str
Page 22 and 23:
Definitions also vary depending on
Page 24 and 25:
In both cases, corruption may exist
Page 26 and 27:
Commercial dealings are no longer c
Page 28 and 29:
Corruption is both
Page 30 and 31:
Once bribery has occurred, it can l
Page 32 and 33:
Employees or officials with access
Page 34 and 35:
9. Improper political contributions
Page 36 and 37:
• The rule of law. As many of the
Page 38 and 39:
combat corruption will lack credibi
Page 40 and 41:
which has resulted in excellent nat
Page 42 and 43:
offset real or perceived advantages
Page 44 and 45:
Evidence that corruption is being r
Page 46 and 47:
also the development of an independ
Page 48 and 49:
as statutes creating anti-corruptio
Page 50 and 51:
elements will involve the selection
Page 52 and 53:
The major disadvantages 37 include
Page 54 and 55:
These may include: • Constitution
Page 56 and 57:
V. PREVENTION A. Introduction The p
Page 58 and 59:
The lack of adequate financial and
Page 60 and 61:
4. Employee culture and motivation,
Page 62 and 63:
are common to most if not all burea
Page 64 and 65:
Proactive measures against conflict
Page 66 and 67:
10. Disclosure of Assets Requiring
Page 68 and 69:
VI. AWARENESS RAISING AND PUBLIC PA
Page 70 and 71:
formats, and the a
Page 72 and 73:
2. The messages to be delivered Dep
Page 74 and 75:
a. Political and legislative measur
Page 76 and 77:
• The general identification, edu
Page 78 and 79:
VII. DOMESTIC LEGAL ELEMENTS: THE U
Page 80 and 81:
B. Criminal Law 1. Criminal offence
Page 82 and 83:
offences must be created and define
Page 84 and 85: and whether the conclusion which is
Page 86 and 87: elatively minor infractions to the
Page 88 and 89: 3. Confiscation of the proceeds of
Page 90 and 91: 4. Money laundering laws Money laun
Page 92 and 93: eview information
Page 94 and 95: VIII. DEALING WITH THE ILLICIT TRAN
Page 96 and 97: A fourth and related issue which mu
Page 98 and 99: Methodologies can also vary widely,
Page 100 and 101: accordance with their advice, and t
Page 102: of Transparency International, are
Page 105 and 106: GUIDING PRINCIPLES FOR FIGHTING COR
Page 107 and 108: Effective practices include: • Sy
Page 109 and 110: • Promoting effor</strong
Page 111 and 112: involvement of society at large. Wo
Page 113 and 114: Corruption. 21. Pa
Page 115 and 116: C. Plan of action 1. General Princi
Page 117 and 118: B. INTERNATIONAL LEGAL INSTRUMENTS
Page 119 and 120: liberty that can lead to extraditio
Page 121 and 122: fight corruption and in particular
Page 123 and 124: 10. Convention on the fight against
Page 125 and 126: Furthermore, the Convention address
Page 127 and 128: 1997 from which it derives inspirat
Page 129 and 130: presently the case. These provision
Page 131 and 132: Recommends that the governments of
Page 133: Article 12 Reporting 1. The public
Page 137 and 138: Article 28 Observance of this Code
Page 139 and 140: Code of Judicial Conduct I. Proprie
Page 141 and 142: 1.23 A judge may receive compensati
Page 143 and 144: 4.9 Disqualification of a judge is
Page 145 and 146: 7.4 Ordinarily, except in serious c
Page 147: Langseth, P. 2000. Prevention: An E
show all

UN Guide for Anti-Corruption Policies - United Nations Office on ...

Create successful ePaper yourself

Delete template?

Save as template?