NGO Another Way (Stichting Bakens Verzet), 1018 AM Amsterdam, Netherlands.

 

                                                                                    01. E-course : Diploma in Integrated Development (Dip. Int. Dev)

 

Edition 02: 07 April, 2010

 

 

 

 

 

 

 

Study points : 06 points out of 18.

Minimum study time : 186 hours out of 504

 

The points are awarded only on passing the consolidated exam for  Section B :  Solutions to the Problems.

 

 

Fifth block : How the third block structures solve specific problems.

 

Study points : 02 points out of 18

Minimum study time : 54 hours out of 504

 

The points are awarded only on passing the consolidated exam for  Section B :  Solutions to the Problems.

 

 

Fifth block : How the third block structures solve specific problems.

 

Section 6: Corruption.[5 hours]

 

02.00 Hours analysis of  Model material.

02.00 Hours in-depth analysis.

01.00 Report.

 

 

Section 6: Corruption.[5 hours]

 

In-depth analysis. (At least 2 hours)

 

Your basic reference is  :  United Nations Convention against Corruption, Médida (Mexico) September, 2003. (140 signatory countries, 92 ratifications as at 14 September 2007 – source Interpol)

 

Article 2 provides the following definitions:

 

“(a) “Public official” shall mean:

 

(i) any person holding a legislative, executive, administrative or judicial office of a State Party, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person’s seniority;

(ii) any other person who performs a public function, including for a public agency or public enterprise, or provides a public service, as defined in the domestic law of the State Party and as applied in the pertinent area of law of that State Party;

(iii) any other person defined as a “public official” in the domestic law of a State Party. However, for the purpose of some specific measures contained in chapter II of this Convention, “public official” may mean any person who performs a public function or provides a public service as defined in the domestic law of the State Party and as applied in the pertinent area of law of that State Party;

 

(b) “Foreign public official” shall mean any person holding a legislative, executive, administrative or judicial office of a foreign country, whether appointed or elected; and any person exercising a public function for a foreign country, including for a public agency or public enterprise;

 

(c) “Official of a public international organization” shall mean an international civil servant or any person who is authorized by such an organization to act on behalf of that organization;

 

(d) “Property” shall mean assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such assets;

 

(e) “Proceeds of crime” shall mean any property derived from or obtained, directly or indirectly, through the commission of an offence;

 

(f) “Freezing” or “seizure” shall mean temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody

or control of property on the basis of an order issued by a court or other competent authority;

 

(g) “Confiscation”, which includes forfeiture where applicable, shall mean the permanent deprivation of property by order of a court or other competent authority;

 

(h) “Predicate offence” shall mean any offence as a result of which proceeds have been generated that may become the subject of an offence as defined in article 23 of this Convention;

 

(i) “Controlled delivery” shall mean the technique of allowing illicit or suspect consignments to pass out of, through or into the territory of one or more States, with the knowledge and under the supervision of their competent authorities, with a view to the investigation of an offence and the identification of persons involved in the commission of the offence.”

 

Review the African Union Convention on Preventing and Combating Corruption, Maputo, July, 2003. (40 signatory countries, 16 ratifications as at 15 February 2007 – source Interpol)

 

Another resource is : Silent and lethal : How Quiet Corruption undermines Africa’s development, World Bank, Africa Development Indicators 2010, Washington 2010. The paper refers to direct and long-term consequences of  low effort levels, leakage of resources and weak regulation especially  in the education, health and private sectors.

 

Review Anti-Corruption – Practice Note, UNDP, February 2004.

 

“Corruption is principally a governance issue – a failure of institutions and a lack of capacity to manage society by means of a framework of social, judicial, political and economic checks and balances. When these formal and informal systems break down, it becomes harder to implement and enforce laws and policies that ensure accountability and transparency.”

 

Once the idea of the rule of law has been accepted, the institutions whose job it is to apply it have to work properly. The young Karl Rossmann, the main character in Franz Kafka’s novel «Amerika » (published Kurt Wolff, Leipzig,  in 1927) wonders for example what the point of justice is if the ones who are supposed to be applying it don’t want to do so.

 

In financial leakage: corruption  and the related  in-depth analysis  in section 1 analysis of the causes of poverty of the first block poverty and quality of life large-scale corruption influencing national economies, especially those of poor countries, was considered. Between corruption at that level and corruption as intended in the analysis of internal measures within project structures  there is a grey zone where cases of corruption can arise.

 

It relates to issues of physical security of persons and things, and to situations of abuse of power. 

 

Physical security of persons and things.

 

These were brought up in Section 2. Services at the basis of a good quality of Life in the first block poverty and quality of life.

 

The structures created by integrated development projects do not replace formal and judicial authorities of the State.

 

The integrity of persons and things depends on services such as the police, who answer to the Minister of Internal Affairs, customs officers,  who answer to the Minister of Customs (or to the Minister of Finance) and, in certain emergencies,  the military forces, who answer to the Minister of Defence. Some countries also have a military police force which answers to the Minister of Defence. All countries have one or more secret services, who usually answer to the President or the Prime Minister.

 

Local formal bureaucratic (administrative) and public authorities include all of those required to concede an authorisation.  These may pass from the registration of cooperatives, building permits, use of land, and relations with education and health systems. 

 

Abuse of power.

 

In many poor countries, representatives of state services are not well paid. Sometimes they do not even receive their salaries on a regular basis. The temptation to abuse the power they have increases.

 

Sometimes people are given an administrative task with the purpose of abuse of power. In these cases contact with organised crime is possible.

 

1. Research.

 

You are member of the team for the execution of an integrated development project. You are responsible for the importation of photovoltaic panels and solar pumps from Europe. On one page, describe the phases, starting from the arrival of the goods at the port or airport of your country until the moment of their arrival at the storage facilities managed by the project, where you think there may be risks of corruption, theft etc. Give an indication next to each item  ,how you would avoid running the risks in question.

 

2. Research.

 

You are the coordinator of the integrated development project in your project area. You personally  know the local officials very well. You need authorisation for the installation (placement) of 200 water tank and 200 tracées for feed-pipes from the 40 bore-holes in the project area to the 200 water tanks. On one page describe the phases of the passage of your application (you do not need to provide the text of the application itself) until  final approval by the local authorities. Would you expect to face problems of corruption in the process ?

 

3. Opinion.

 

A 300 Watts solar panel set has been stolen from an installation on the roof of a study room owned by the local tank commission of which you are chairperson. The panel is fitted with an electronic chip You have a sensor enabling you to locate the panel at the home of a member of the Permanent Cooperative for the Management of the Project Structures. You ask the thief to return the panels to you.  He refuses. Describe on one page the phases you would follow to obtain restitution of the panels. Do you think you would come up against cases of corruption in the course of your initiative ?

 

4. Opinion.

 

A 300 Watts solar panel set has been stolen from an installation on the roof of a study room owned by the local tank commission of which you are chairperson. The panel is fitted with an electronic chip You have a sensor enabling you to locate the panel at the home of a person from outside the project area where there is no integrated development project in operation. You ask the thief to return the panels to you.  He refuses. Describe on one page the phases you would follow to obtain restitution of the panels. Do you think you would come up against cases of corruption in the course of your initiative ?

 

 

5. Opinion.

 

A 300 Watts solar panel set has been stolen from an installation on the roof of a study room owned by the local tank commission of which you are chairperson. The panel is fitted with an electronic chip You have a sensor enabling you to locate the panel at the home of the local police chief. You ask the thief to return the panels to you.  He refuses. Describe on one page the phases you would follow to obtain restitution of the panels. What are your chances of success ? Would you run any risks ? If so, which ones ?