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Capacity Assessment of The Anti-Corruption Infrastructure in The Philippines
Capacity Assessment of The Anti-Corruption Infrastructure in The Philippines
Capacity Assessment of The Anti-Corruption Infrastructure in The Philippines
2015/SOM1/ACT/030
Agenda Item: Day 3
Capacity Assessment of the
Anti‐Corruption Infrastructure
in the Philippines
2015 APEC Anti‐Corruption and Transparency Workshop on
the Role of Stakeholders in Fighting Corruption
28 January 2015
Holiday Inn Clark, Pampanga
Background
• November 2014: quick scan of the anti‐corruption
infrastructure in the Philippines and its impact on
the current country’s anti‐corruption policies,
programs, and initiatives conducted by:
– UNDP Philippines
– UNDP Bangkok Regional Hub
– UN Office on Drugs and Crime (UNODC)
– In cooperation with the Office of the Ombudsman
• Consultation with a wide range of stakeholders
from different sectors (government, CSOs,
academe)
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Objectives
• Conduct a rapid capacity assessment of key institutions,
claimholders, and duty‐bearers that contribute to promoting
accountability, transparency, and integrity
• Contribute to development of a framework for vulnerability
assessment by sector
• Contribute to Philippines’ follow‐up on Review of
Implementation of key chapters of UNCAC
• Contribute to the development of a programme on anti‐
corruption anchored on a Five‐Year Action Plan Against
Corruption with UNCAC as its normative framework
Methodology for the core analysis
Enabling Environment
(political leadership, power structure &
influence, legislation, vision)
Organizational level
(coordination between institutions, relations
with stakeholders, procedures)
Individual level
(experience & technical skills in relation to
prevention and investigation)
UNDP Capacity Development Methodology, Practitioners’ guide: Capacity
Assessment of Anti‐Corruption Agencies, UNDP, 2011
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Sources of information
• Desk Reviews; legal & administrative
framework
• Key informants interviews and dialogues
(bilateral meetings)
• Looked at existing tools challenges and
opportunities
• Focus group discussions with key stakeholders
Context
• Undermines human development and investment
climate in the country
• Corruption costs the Philippine government to about
PhP 250 billion each year, or USD 5.5 billion (2010
Philippine Transparency Reporting Initiative)
• Illicit money outflows (proceeds of crime, corruption,
tax evasion) during 1960‐2011 caused USD 132.9
billion loss to Philippine economy (+ PhP 357 billion
annually on average) (2012 Global Financial Integrity)
• PhP 101 billion a year lost to graft alone (Commission
on Audit, 2011)
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Context
• 20% of the national budget is lost in
corruption (World Bank, 2001)
• Public finance: 20 – 30% overpricing of
government contracts, discouraging foreign
investments and inhibiting the growth of local
businesses
• Low conviction rate of corruption‐related
cases have not been effective deterrent to
corruption in the country
Human Development Progress
is moderate…
Philippines’ 2013 HDI of 0.660
• is above the average of 0.61 for countries in
the medium human development group
• below the average of 0.703 for countries in
East Asia and the Pacific
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Malaysia and Fiji
corruption perception
Some recent improvements in
Sustaining Human Progress: Reducing Vulnerabilities
…but progress is slower than in
and Building Resilience , World Human Development
Report 2014
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Preliminary findings
Enabling environment
High political will which has led to many
initiatives and cases under investigation
..but lack of unified vision against corruption:
‐ Multiple bodies involved in anti‐corruption
‐ Coordinating councils (e.g. IAAGCC, UNCAC review
committee, planning committee for good governance)
but partial membership
‐ Two reporting mechanisms (under NEDA and Good
Governance Cluster)
‐ Lack of communication to the public on progress
Challenges
• Ownership
from
implementing
agencies
• Coordination
• Link between
planning and
budget
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Preliminary findings
Enabling environment
KEY LEGISLATION POLITICAL ENVIRONMENT
TO BE INTRODUCED / AMENDED
Whistleblower protection Strong leadership from the President
Civil Service Code Reforms at Central Government level
Law on unexplained wealth Resistance from LGUs
Freedom of information act
Bank secrecy CHALLENGES
Conflict of Interest implementing rules Political patronage
Social accountability bill Sustainability of reforms (elections)
Harmonization of accounting and budgets Independence of Constitutional Bodies vs
rules collaboration and information sharing
Controller General Office proposal Accountability for results
Election campaign financing (cap)
*In compliance with UNCAC
Preliminary findings
Enabling environment
Contribution of civil society at different levels..
e.g. Involvement in consultations, social accountability
role
..but challenges remain for fully tapping on its
potential :
‐ Sustainability issue
‐ Lack of inter‐CSO cooperation
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Preliminary findings ‐ Organizational level
SECTORS:
VULNERABILITIES
• Local level
• Enforcement (judiciary, police, military)
• Traditionally corrupted sectors (Customs, Public
Works, Land Transportation, BIR…)
• House of Representatives
2013 SWS survey of enterprises on corruption
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Preliminary findings ‐ Organizational level
CHALLENGES:
• Information sharing across institutions
• Use of data (enforcement, audit,…) to inform
policy making
• Limits of “paper‐based” culture (absence of
digitization: i.e. asset declaration, case
management)
• Lack of internal audit units (less than 1/3)
• Effective involvement of CSOs with
Government (e.g. Procurement)
• Backlog in courts
Preliminary findings ‐ Organizational level
Elements of good practices:
• OMB, COA…: recognition of recent progress
despite limitations (private sector; regional
offices development; budget…)
• DBM: Performance Based Bonus Scheme
• COA: People Participatory Audit
• BIR: lifestyle checks
• Customs: new recruitment
• CSC: service centre
• DOJ: Continuous Trial Program (to access the
cases online)
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Preliminary findings ‐ Individual level
Better matching of individual skills in the OMB
office with the needs for sectors (investigative
skills, evidence gathering…)
Lack of use of modern investigative techniques
NBI, OMB: Lack of specialized anti‐corruption
training for investigators
No detailed competencies mapping for staff of
OMB, NBI, PCGG
Initial proposals
DEVELOPING A COMMON ROADMAP FOR COLLECTIVE
ACTION
• Develop a 5 year Roadmap, under the leadership of the
Ombudsman, together with other key branches of
government
• Improve public communication of good governance vision
and results achieved
• Agree on a single mechanism for results monitoring
• Use one already existing mechanism to ensure coordinated
stakeholders‘ approach
• Identify the risks in every agency through IMP as a pre‐
condition for the 5 years action plan
• Find right balance between anti‐corruption measures and
efficiency
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Initial proposals
ENSURING COMPLIANCE WITH UNCAC:
• Undertake legislative reform in line with
recommendations from last UNCAC review
• Prepare next review cycle on preventive and asset
recovery measures (i.e. whistleblower protection, FOI,
asset recovery)
• Bring national legislative reforms to the local level
• Ensure that the AC Strategy/Action plan is based on
risk assessments (in the continuity of the IMP)
• Mainstream UNCAC in the Bangsamoro processes
Initial proposals
IMPROVING INTER‐AGENCY COOPERATION:
• Use of data (enforcement, audit,…) to inform policies
• Use of the IAAGCC to set up ad‐hoc interagency task‐
force in investigating high‐profile corruption cases
• More systematic joint training on investigative
techniques on anti‐corruption and financial crime
(e.g. AMLC training program)
• Digitization of asset declarations, database linking and
random checks
• Introduction of electronic case management system
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Initial proposals
IMPLEMENTING AGENCY‐SPECIFIC REFORMS:
• OMB and NBI: undertake competency‐based
assessment of skills and profile of staff
• COA: Introduce better record management
• OMB: ensure that recommendations from previous
capacity assessment are implemented (e.g. case
management, database…);
• House Committee on Good Government and Public
Accountability: clarify its investigative role
• Sandiganbayan: limit the jurisdiction to reduce
case backlog
• Introducing internal audit units in all gov. agencies
Initial proposals
PARTNERING WITH CIVIL SOCIETY:
• Pass FOI act
• Promote civic education
• Introduce Checklist for candidates for the next
elections (sustainability)
• Provide incentives for CSOs participation in
social audit of public services (financial,
training, selectivity)
• Use feedback data from the public to evaluate
and improve services (e.g. service centre)
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Way forward
• Finalization of the full report
• Dissemination of preliminary findings among all
the stakeholders met for comments
• Discussion of the findings and agreement on the
way forward
Thank you!
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