Harmon Law Offices - construction a Curriculum For an Anti-Corruption procedure
Good afternoon. Yesterday, I learned about Harmon Law Offices - construction a Curriculum For an Anti-Corruption procedure. Which may be very helpful to me so you. construction a Curriculum For an Anti-Corruption procedureA number of international cooperation organizations, such as Usaid, Unpd and the World Bank, subscribed to the idea that the barriers to development were closely tied to problems in the buildings of poor country institutions.
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They led them to comprise the issue of corruption in their agenda and the need for institutional reform in order to combat it. Many of these international cooperation organizations created performance plans and allocated resources to projects aimed at controlling corruption.
With the advent of globalization, cross-border cooperation gained significance as it became clear that large-scale criminal corruption had adapted rapidly to the globalized economy.
The Gecd -Organization for Economic Cooperation and development and the Oas -Organization of American States were among the most prominent of such organizations.
The Deco industrialized the Anti-Bribery Convention, focuses generally on corrupt practices by foreign clubs overseas.
The Oas convention, stylish at its 1996 each year Meeting, covers both active and passive corruption, in both the underground and group sector, within or surface national borders. These conventions were intended to induce sovereign states to redouble their efforts to prevent, detect, punish and eradicate corruption by creating and strengthening mechanisms for mutual cooperation.
These mechanisms of cooperation in the middle of states consist generally of adopting the same legal definitions of corruption and looking new ways of cooperating on issues of criminal responsibility.
The objective is to put an end to the impunity that results from the gap in the middle of the global cheaper and the limitations of national prosecution authorities. For this reason, the practice needs to be monitored following signing and ratification and this monitoring. From implementation straight through 10 legislation straight through to sanctions, is a means of ensuring that the conventions are complied with.
I) Target Audience:
o Members of group servants and Ngo's complicated in anti-corruption efforts;
o Researches, lawyers. PhD. Postdoctoral fellows have interest in this program;
2) Objectives: Qualification of experts in a fighting corruption;
o argument about a new pillar; Criminalization (active bribe; laundering money; embezzlement; misuse influence);
o A global summary capable of making the target audiences to make their own evaluations on filed action;
o These elements will help the professionals as a reflection matter and acknowledgement concepts and targets to reach during their's careers;
2. 1) choice Audience:
o A curriculum vitae determination and profile reflecting an prominent summary in their active pro responsibilities;
2.2) Case material:
o In a integrated syllabus, coordinating theoretical concepts and argument topics;
3) argument outline:
o productive Implementation of international conventions;
o construction and appraisal of monitoring mechanisms;
o Visibility of conventions and mechanisms for monitoring;
4) Topics for discussion:
4.1) Definition: according to concepts by Un, World Bank, Imf, Pnud, Ocde, Oas.
2) Causes of corruption;
o responsibility of group institutions;
o Monopoly; Absence of transparency;
o Lack of balance in administrative, cultural, economic and political sphere.
3) Consequences of corruption:
o Implication on stability and safety of societies;
o Damage the Democratic value and moral;
o In a global level, there is a relationship in the middle of corruption and criminal organization;
o Indirect costs of corruption is the decline of productivity.
4) External and internal contol Four Stages:
o Preventions: transparency and responsibility; ethics codes and integrity.
o Detection;
o Investigation;
o Control;
5) Political Control:
5.1) there is need to establish, within the organization, varied mechanisms which will take care of ethical behavior and allow individuals to seek advice.
Responsibilities may include:
- Global responsibility for developing and directing an organization's ethics, compliance, and company conduct function for the Total Corporation or organization;
- Providing leadership, oversight, and specialist advice to ensure accepted development, interpretation, and implementation of ethics and compliance strategies, policies and programs,
- responsibility for all agenda activities relating to standards of conduct including ethical relationships with employees, customers, contractors, suppliers, shareholders, and other stakeholders,
- Providing leadership in the development of a compliance risk administration agenda to assess, prioritize, and effectively conduct legal and regulatory compliance,
o responsibility for the organization-wide confidential reporting agenda (such as a Hotline) allowing employees, customers, suppliers, and other stakeholders to description violations of the organization's ethical standards, violations of law or corporate policy, without fear of retaliation;
o Setting the strategy for and administering the organization's each year or periodic ethics and compliance training, and quarterly communications around ethics, compliance and conduct issues,
- Conducting investigations into alleged violations of organizational ethics, compliance or conduct practices and making recommendations for resolution of misconduct
o including disciplinary action;
o Measuring and assessing organizational operation in compliance and ethics arenas, and;
o Providing total reports to the Ceo and any committees, the Board of Directors etc. ;
5.2) Ethics Committees for monitoring implementation of the " Integrity system" Roles can comprise a spectrum from advisory (no hands-on) to very hands-on involvements, as follows. This will depend upon the organizational culture, nature of the business, tolerance for control of compliance surface original hierarchical structures etc:
o found and commonly narrate standards and procedures -Resolve conflicts in the middle of contentious ethical requirements;
o propose behaviors that reinforce the organization's ethics guidelines -Assume responsibility for total compliance;
o Act as a court of appeal: interpretations of standards and procedures;
o Define how the club balances the ownership of personel employees against the organization's needs solicit stakeholder input regarding how standards and procedures to defined and enforced;
o found and disseminate the organization's standards, policies and guidelines on ethical decision making;
o Oversight an Ethics "Hot Line" as a mechanism for seeking advice and reporting suspected wrongdoing and to safe employees' privacy;
o Serve as the original agent for promulgation and discipline;
o Ensure that offences are not repeated, straight through direct action; furnish a forum to take care of communication among ethics committees at large;
o Monitor and audit total compliance -Undertake or commission research projects on ethics issues relevant to the club Whistleblower procedures and safety Three Polarized Views of Whistle blowing;
o The worst inherent disloyalty an worker can perpetrate;
o "Ratting' on others, or on the organization; - An unfortunate but primary evil, to be avoided at all costs, but ultimately may be primary as the only choice and prospect that it must happen;
o That everybody has the responsibility to blow the whistle as a group duty.
The club needs to emphasize and articulate where it stands on this and what it expects of its managers and leaders. Managers should ask themselves:
- Does my club have clearly documented procedures for receiving and investigating a group interest disclosure from internal or external sources?
- Does my club have accepted safeguards to maintain confidentiality?
- Does my club have trained investigators who can impartially perform investigations?
- Does my club have a process for allowable recording of group interest disclosures and the performance taken on them'?
- Does my club have documented procedures to safe staff who may be the branch of a reprisal because of a group interest disclosure?
- Does my staff has a clear insight of their ethical promulgation to description fraud, corruption and bad administration of which they come to be aware?
- Does my staff have a clear insight of what a group interest disclosure is, how to make a group interest disclosure, and what they should do if they receive a group interest disclosure in their role as a supervisor?
5.3) the varied types of whistle blowing:
Internal Whistle blowing Disclosure to person within the club itself. Is this ethical if it is "required" of employees?
Is it ethical if there is no such requirement? Which loyalty takes precedence (to the club or to the fellow employee)?
External Whistle blowing Disclosure to person surface the organization. Is this ever morally defensible? 5.4) Governmental Whistle blowing Unauthorized disclosure of actions and/or information associated to the activities
of a government or its employees. Personal Whistle blowing Reporting the actions of an additional one which we regard as injurious to us personally Impersonal Whistle blowing Reporting the actions of an additional one which we regard as injurious to others (not us personally).
5. 5) Governmental Control
o Federal and state Audit Courts, responsible for controlling group finances and property and monitoring group tenders and contracts;
o The group Prosecutors Office, responsible for group prosecutions for administrative dishonesty or criminal activity;
o The Legislature (Municipal and state legislatures and Congress) with the power to found parliamentary inquiry commissions to research administrative dishonesty or misappropriation of group funds, 10 annul administrative powers and disenfranchise members of the legislature itself;
o The Attorney normal of the Republic, responsible for offences keen the use of federal l funds;
o The Federal Tax Department, responsible for connect tax declarations and reporting, and empowered to research sudden or unexplained increases in personal net worth and give evidence in political and legal proceedings.
6) group Control:
o Ngo's;
o Civil Society;
7) History of corruption:
- Decade 60th: original Understanding. Morally/ethically unacceptable behavior. Explication was understood like personel problem and Explication had place in put out the government worker or group servant.
- Decade 70th: Functionalist Understanding. Corruption is primary for development the poor countries. problem was the local culture.
- Decade 80th: Evolution system Understanding. Social-economic approach. Causes of corruption reside inside the institutions and are primary to modify the institutions.
- Decade 90th: Ethical-reform Understanding. The insight of corruption starting with the expansion of economic performance of State and the concessions offer to it.
The windup is attention in a systemic corruption and dysfunction/misshapen of State. (?) This tendency agrees with the reform of State.
8) Types of corruption:
o Fraud;
o Speed money;
o Clienteles (privileges for positive clients or sells of dependents in exchange for their votes); o Patronage;
o Abuse of position; Favoritism;
o Nepotism;
o Legal discrimination;
o Appropriation of group resources;
o Conflicts of interest.
9) Perspective for the future International Conventions as a tool. (Big cases of corruption)
o Juridical: cooperation in the middle of north-south;
o Monitoring of conventions articles: it is prominent to the success of convention;
o operation of conventions: as a group (Collective);
o Technical assistance: a pragmatic work, and important, because isn't allow a weak link;
o Harmonization of law: domestic and international responsibility;
o Reforms: international context;
o Conventions Logistic: bureaucracy responsibility; waste monitoring; narrate terms; write questionnaires; get experts; narrate written description and recommendations; local law.
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