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1 Preventing conflict of interest and corruption: From policy to practice Elodie Beth, Administrator, OECD Public Governance and Territorial Development Directorate Global Forum V Sandton, Gauteng, South Africa, 4 April 2007
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2 Integrity in the public service, why is it so critical today? Integrity has become a key factor in the quality of governance Corruption distorts competition, risk-factor for the economy Tolerating corruption leads to the loss of public confidence Public management reforms have had unintended impacts: Limited resources -- require downsizing and restructuring Increased commercialisation of the public service Public expectations have increased Changing relationship between public servants and citizens
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3 A Framework for conflict of interest: The OECD approach Identify emerging challenges - Conflicts of interests are a critical risk for integrity Provide policy advice – OECD Guidelines for Managing Conflict of Interest in the Public Service, based on the review of country experiences Support implementation – Toolkit Review of implementation – Measure progress made since the 2003 Guidelines
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4 Recent efforts in OECD countries to manage conflict of interest OECD countries reviewed their conflict-of-interest policy and practice in the last 3 years to verify adequacy of rules ¾ of countries developed or updated conflict-of-interest laws, codes of conduct, and implementing mechanisms Post-public employment and lobbying were identified as emerging challenges
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5 From policy to practice: Public procurement, a government activity at risk Procurement The most vulnerable government activity to corruption A major economic activity, equivalent to 15% of GDP, where corruption has high impact on public finances How to prevent conflict of interest and possibly corruption in public procurement?
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6 Prevention of conflict of interest in procurement at the organisational level Ensuring separation of duties and authorisations at the organisational level Main challenge: Avoiding that “firewalls” result in a lack of co- ordination Ensuring interaction between officials and bidders to avoid bias Rotation of officials Four-eyes principle Role of new technologies (e.g. e-auctions)
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7 Ethical standards for procurement officials: From design to implementation Definition of integrity standards A vast majority of OECD countries legislated integrity standards across the whole public service, few developed specific standards for procurement officials Application: What is the practice? Ethical considerations are sometimes taken into account in the recruitment Disclosure of relevant private interests Integrity trainings Post-public employment prohibitions
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8 Partnering with the private sector Verifying that bidders have a satisfactory record of integrity (e.g. role of information systems, declaration of integrity by the administration) Denying access to bidders (e.g. disqualification for specific procurements, deletion from list of bidders, disqualification not necessarily linked to procurement) Voluntary steps for self-regulations by bidders (e.g. sector agreements, company codes of ethics, guidelines, etc.) Mutual commitments with business and non-governmental organisations (e.g. Integrity Pacts)
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9 Recent publications : - Integrity in Public Procurement: Good Practice from A to Z - Managing Conflict of Interest: Guidelines, Country Experiences and Toolkit - Public Sector Integrity: A Framework for Assessment Website: http://www.oecd.org/gov/ethics FOR FURTHER INFORMATION
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