Capacity Building for the Kosovo Anti- Corruption Agency Constantine Palicarsky

The Goal Capacity assessment Capacity building – guidelines and training

Corruption in Kosovo Assessment of the situation Donor initiatives - OSCE, UNDP, the European Commission – through IPA projects and through the EULEX mission. USAID was particularly active in the area and the corruption related studies contain useful insights.

Main challenges New laws are being adopted New laws are being adopted At least three administrative structures work in the same domain At least three administrative structures work in the same domain Office of Good Governance Office of Good Governance Interministerial working group Interministerial working group KAA KAA Certain problems with the Agency internal structure Certain problems with the Agency internal structure

KAA Structure

The Agency’s is build along the classic three-pronged approach: Administrative Investigations (presumably of violations of professional ethics - TBD) Prevention Developing specific policies for the public sector on managing conflict of interests; Developing specific policies for the public sector on managing conflict of interests; Legislation drafting Legislation drafting Monitoring of the declaration of assets of official persons and definitions related to gift acceptance (not public) Monitoring of the declaration of assets of official persons and definitions related to gift acceptance (not public) Specific competences related to public procurement. Public awareness and education Seminars, trainings Seminars, trainings Awareness raising campaigns on the work of the Agency. Awareness raising campaigns on the work of the Agency.

KAA functions Independent multifunctional ACA, with no law enforcement or prosecutorial functions. International cooperation; International cooperation; Policy development; Policy development; Policy monitoring Policy monitoring

KAA functions (cont’d) Legislative drafting Regulation impact assessment (ex-post and only related to corruption) Cooperation with the civil society; Specific functions related to public sector ethics – drafting the Code of Ethics.

KAA functions (cont’d) Conflict of Interest related advisory functions - Provides opinions and clarification on the incompatibility, conflict of interests, gifts and other issues related to corruption prevention; Broad corruption prevention function and awareness raising mandate (consultations, seminars, workshops) Reports to the Council of the Agency (twice an year) and to the Parliament (annually).

Legislative and Policy Environment Current legislative framework: the Act on Preventing Conflict of Interest in Exercising Public Functions the Act on Declaration of the Property of Senior Public Servants The Anti-corruption Act Anti-corruption Strategy with Action Plan Certain provisions related to Public Procurement, public service and others. Volatile, changing environment.

Capacity assessment Framework Based on the UNDP CAF Includes review of the Enabling Environment aspects Institutional aspects Individual aspects In addition, the study will focus on: Horizontal aspects (capacity to develop policy, to implement, monitor and evaluate policy) Technical capacity (specific knowledge and skills to perform the core anti-corruption functions.)

Corruption Prevention Department Department structure- two Units consist Unit on Supervision of Assets and Gifts and Unit for Prevention of Conflict of Interests; Department functions: Policy Development in the area of conflict of interest, acceptance of gifts, and supervision of assets. Drafts the form of the Assets Disclosure Declaration Involved in the Gift registration process

Specific details to look at in the course of the 2 nd stage of the assessment Policy Development Conflicts of Interest related functions and capacity Assets Declarations, in particular with regard to verification. Who, how, how often. Gifts, in particular with regard to ensuring the transparency of the process

Points of Entry Enabling Environment Legislation, policy, political will, availability of budget, relations with other structures with similar mandate. Organizational level: Existence of a clear process of policy development and coordination Clear and effective procedure for allocation of tasks Existence of effective policy coordination mechanism. Individual level Availability of sufficient number of trained staff. The overtime issue.

Horizontal capacities Capacity to engage stakeholders Identify, coordinate with and engage stakeholders. In the KAA case, this includes both civic organizations, and donors, and Public Sector Entities

Horizontal capacities Capacity to assess a situation and develop policy Data collection; Data analysis; Capacity to formulate policy and strategies.

Horizontal capacities Capacity to budget, manage and implement Formulate, plan, manage and implement projects and programs in the specific policy area; Manage human and financial resources; Set indicators for monitoring and monitor progress.

Horizontal capacities Capacity to monitor and evaluate Measure results and collect feedback to adjust policies.

Horizontal capacities Organizational learning capacity Record keeping Experience sharing Support provided to new staff members

Technical capacities Conflict of Interest related Use of policy development instruments Effectiveness of the line ministries and agencies in managing conflict of interest situations Emphasis on management, and not “prevention” – mainstreaming CoI Management in the daily management practices Need to establish management practices to address all formes and types – pecuniary/non pecuniary, Actual, Perceived (apparent), Potential

Technical capacities Assets Disclosure related One of the least clear aspects of the capacity assessment / CBS Information about new legislative developments. In any case, though: Risk management approach Ensure misrepresentation is a crime Ensure the ones who do not submit declarations are dismissed from office

Technical capacities Gifts related Genuine Independent Free Transparent Capacity to develop, monitor and evaluate policy in the area, including the compliance with the established standard. Just an idea… full ban on gifts solves many problems.

Thank you! Constantine Palicarsky