Commonwealth draft model Integrity in Public Life Act
25 October 2012, Commonwealth Secretariat
New Anti-Corruption Model Law Will Help to Strengthen Good Governance - Law
Officers
The Commonwealth draft model Integrity in Public Life Act covers code of
conduct, guidelines on conflict of interest and declarations of interest, and
mechanisms to investigate breaches of code
Senior law officers who have been reviewing a new anti-corruption model law
believe it will help strengthen integrity in public life and good governance in
their countries.
The Integrity in Public Life Act - developed by the Commonwealth -will
provide small Commonwealth jurisdictions that want to incorporate
anti-corruption laws into their domestic laws with options that can be adapted
based on their needs.
Solicitor General of Mauritius Dheerendra Dabee, one of the participants at
a seminar reviewing the draft Act from 22 to 23 October 2012 at the
Commonwealth's headquarters in London said: "Countries with a blank
sheet where anti-corruption laws are concerned can draw inspiration from it
while countries with their sheets partially filled can use it to plug holes and
beef up existing procedures and legislation dealing with ethical
behaviour."
Annah Mphetlhe, Senior Assistant Director - Legal Services in the
Directorate on Corruption and Economic Crime in Botswana - noted that some
countries have anti-corruption laws but that they were fragmented.
She said although some structures were already in place, the anti-corruption
model law would help bring the fragments together.
"Sometimes when you sit in your own country you know where you want to
go but you need something to help you get there. What this does is to provide a
framework for jurisdictions that might not have the capacity to come up with
their own. They can just lift it from the model law," Ms Mphetlhe added.
The Act, which is in its final stages of preparation, is part of the Commonwealth
Secretariat's programme of work to support its member countries to promote and
strengthen the rule of law and good governance. It includes a code of conduct
and guidelines on conflict of interest, requiring public officials to abide by
a code of conduct and make declarations of interest. It also establishes an
Integrity Commission to investigate breaches of the code.
Commonwealth Deputy Secretary-General Mmasekgoa Masire-Mwamba, who
officially opened the seminar, noted that good governance is one of the
Commonwealth's core values.
She said: "Public officials - whether they are elected or non-elected,
whether they are ministers or junior civil servants - are servants of the
public who through their taxes, pay officials' salaries.
"Therefore citizens are entitled to expect their public officials -
including their leaders - to abide by the highest standards of integrity."
Ms Masire-Mwamba said the model law forms part of broader Commonwealth
Secretariat efforts to assist member countries to ratify the United Nations
Convention against Corruption (UNCAC).
Mark Guthrie, Legal Adviser at the Commonwealth Secretariat, said the
process of developing the Integrity in Public life Act has been a consultative
one involving small jurisdictions in Africa, Asia, the Caribbean, Europe and
the Pacific.
He said: "The model law is intended to be a helpful and logical
framework for holding integrity in public life. However, we don't expect any
jurisdiction to enact the model law without first examining it and where
necessary amending it in order to ensure that it reflects the needs and
circumstances of that jurisdiction."
Participants who attended the seminar included senior representatives of
Attorneys-General and anti-corruption offices from Botswana, Guernsey,
Maldives, Mauritius, Namibia, Seychelles and Swaziland.
The seminar was the last in a series on the Integrity in Public Life Act
before the final draft of the Act is presented to law ministers of small
Commonwealth jurisdictions at their meeting in September 2013.
Mr Dabee said: "This seminar has given us food for thought so we don't
have to await the process to be completed to feel the benefits. A number of
things get inculcated into the participants at the seminar which will percolate
down to those in our offices. This is the benefit we have drawn from our
participation."
http://thecommonwealth.org/news/34580/250838/251012anticorruption.htm
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