Review of anti-corruption strategies Rob McCusker - Australian ...
Review of anti-corruption strategies Rob McCusker - Australian ...
Review of anti-corruption strategies Rob McCusker - Australian ...
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The review noted a number <strong>of</strong> weaknesses in <strong>anti</strong>-<strong>corruption</strong> measures including inequalities and<br />
insufficiencies in penal and criminal provisions and a lack <strong>of</strong> criminalisation <strong>of</strong> certain forms <strong>of</strong> <strong>corruption</strong>.<br />
Equally, the involvement and utilisation <strong>of</strong> the public in the fight against <strong>corruption</strong> had not been<br />
acknowledged sufficiently in most countries. A weak regulatory environment was also seen to lead<br />
to discouragement <strong>of</strong> the private sector in enhancing transparency and accountability in business<br />
transactions with public <strong>of</strong>ficials.<br />
In the area <strong>of</strong> procurement, deemed to constitute a central point <strong>of</strong> abuse, it has been suggested that it<br />
may be necessary to create third party oversight processes, given the unlikelihood <strong>of</strong> either party in the<br />
procurement process reporting each other’s activity. These could include evaluation and risk pr<strong>of</strong>iling<br />
<strong>of</strong> procurement activities and procedures, monitoring <strong>of</strong> the awarded contract at the site <strong>of</strong> the project<br />
for which a tender was successful and performing post-project evaluations to ensure that the money<br />
provided for its completion can be fully accounted for.<br />
It is recognised that locating evidence <strong>of</strong> <strong>corruption</strong> is difficult and might arguably impact upon the actual or<br />
perceived success <strong>of</strong> <strong>anti</strong>-<strong>corruption</strong> efforts, especially in those environments where corrupt practices are so<br />
endemic as to constitute normal behaviour. The provision for safe and objective whistleblowing procedures<br />
might provide the crucial link between <strong>corruption</strong>, evidence and subsequent law enforcement action.<br />
The other evidentiary issue lies in locating and then extracting the pertinent information from the banal.<br />
The use <strong>of</strong> forensic accounting procedures to facilitate this is becoming increasingly important. However,<br />
in those countries in which such a facility would be beneficial there is currently neither the expertise nor<br />
the capacity to provide such coverage. The final issue <strong>of</strong> note in the overview is mutual legal assistance<br />
which is becoming more important in tracing both the corrupt activities and the money secreted around<br />
the globe as a result <strong>of</strong> those activities (ADB/OECD 2004).<br />
An additional area concerns technical <strong>strategies</strong> in which improvements are made to improve the<br />
efficiency <strong>of</strong> monitoring and accountability mechanisms in the political, administrative and private sectors.<br />
Such measures include procurement laws, sound accounting procedures and transparent financial<br />
management systems, regulations on financial disclosure and receipt <strong>of</strong> gifts by state <strong>of</strong>ficials. It also<br />
requires the establishment or strengthening <strong>of</strong> supreme auditing institutions and the establishment <strong>of</strong><br />
special commissions <strong>of</strong> inquiry or special prosecutors to investigate individuals and groups accused <strong>of</strong><br />
<strong>corruption</strong> (Tay & Seda 2003).