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Prevention of Corruption: Public Sector Governance
 
Topic Outline

Students will explore the meaning of good governance and how decisions can be made and implemented in a way to ensure the maintenance of a system free from corruption and mismanagement. Students will learn that 'good governance' refers to the management of government in such a way that it is free from abuse and corruption and there exists due regard for the rule of law. It can be characterised as a system that includes participation, transparency, accountability, rule of law, effectiveness and equity.

Bad governance can contribute to the rise and persistence of corruption. On the other hand, corruption can erode emergent and solid democracies by affecting citizen's confidence in public authorities. As a result, governance can be considered a starting point for the analysis and formulation of anti-corruption policies and measures. In this section students will understand the link between corruption and governance and its challenges in contemporary societies.

 

Resources

Academic Articles and Books:

Adam Graycar, Tim Prenzler, Understanding and Preventing Corruption, Palgrave Macmillan 2013 (Basingstoke and New York)
Huberts, L. W.J.C., Global Ethics and Corruption, in Berman, E.M, (ed.), Encyclopedia of Public Administration and Public Policy, CRC Press, Ch. 166, 2007, pp. 838-843
Henning, P.J. and Radek, L. The Prosecution and Defense of Public Corruption: The Law and Legal Strategies, Oxford University Press, 2011
 

International Organisation:

OECD, Principles for Managing Ethics in the Public Service
Mungiu-Pippidi, A. et al, Contextual Choices in Fighting Corruption: Lessons Learned, Norwegian Agency for Development Cooperation (NORAD), 2011,

 
a) Recruitment systems for Public Officials
i. Selection and training of civil servants
i. Criteria for candidature for and election to public office
iii. Transparency in the funding of candidatures for elected public office / political parties.
 
 
b) Codes of Conduct, Conflicts of Interest and Asset Declarations
Students will see how codes of conduct or ethics and compliance guides can be used to increase awareness of illicit practices and can include national as well as international regulations concerning corrupt practices. Students will learn that by ensuring awareness it becomes more difficult for a corrupt individual to deny wrongdoing.
 
Resources

Academic Article:

Burdescu, R., Reid, G., Trapnell, S. E., Barnes, D. W., Income and Asset Disclosure Systems : Establishing Good Governance through Accountability, World Bank, Washington, DC, 2010
Commonwealth Secretariat, Commonwealth Anti-Corruption Project: Conflict of Interest, Commonwealth Law Bulletin, Vol.34, No. 2, June 2008, pp. 347-351
Elena, S. et al, Global Best Practices: Income and Asset Disclosure Requirement for Judges: Lessons Learned from Eastern Europe and Latin America, IFES Rule of Law White Paper Series, 2004
Messick, R., Income and Asset Declarations: Issues to Consider in Developing a Disclosure Regime, U4 Issue, Vol. 6, Chr. Michelson Institute, 2009
 

International Organisation:

UNODC, Conflicts of Interest, reporting acts of corruption and asset declarations, particularly in the context of Articles 7-9 of the Convention
UNODC, Open-ended Intergovernmental Working Group on Prevention, Third Intersessional Meeting
ADB-OECD Anti-Corruption Initiative for Asia and the Pacific, Learning from Case Studies: Establishing Frameworks for Conflict of Interest in Selected Countries and Jurisdictions, in Managing Conflict of Interests - Frameworks, Tools, and Instruments for Preventing, Detecting, and Managing Conflict of Interest, 2008, Ch. 2, pp. 45-80
ADB-OECD Anti-Corruption Initiative for Asia and the Pacific, Codes of Conduct in the Public Sector, in Managing Conflict of Interests - Frameworks, Tools, and Instruments for Preventing, Detecting, and Managing Conflict of Interest, 2008, Ch. 4, pp. 139-160
ADB-OECD Anti-Corruption Initiative for Asia and the Pacific, Conflict of Interest- Historical Origins, Working Definitions, and Conceptual Frameworks, in Managing Conflict of Interests - Frameworks, Tools, and Instruments for Preventing, Detecting, and Managing Conflict of Interest, 2008, Section 1, pp. 1-2
ADB-OECD Anti-Corruption Initiative for Asia and the Pacific, Conflict of Interest: The Soft Side of Corruption, in Strategies for Business, Government, and Civil Society to Fight Corruption in Asia and the Pacific (2009), Ch. 4, pp. 113-140
ADB-OECD Anti-Corruption Initiative for Asia and the Pacific, Defining Conflict of Interest: General, Legal and Institutional Frameworks and Good International Practices, in Managing Conflict of Interests - Frameworks, Tools, and Instruments for Preventing, Detecting, and Managing Conflict of Interest, 2008, Ch. 1, pp. 3-80
OECD, Update on tax legislation on the tax treatment of bribes to public officials in countries parties to the OECD anti bribery convention, 2011
OECD, Managing Conflict of Interest in the Public Sector - A Toolkit, 2005
OECD, Managing Conflict of Interest in the Public Sector - OECD Guidelines and Country Experiences, 2003
OECD, Asset Declaration for Public Officials - a Tool to Prevent Corruption, 2011
OECD, Post-Public Employment - Good Practices for Preventing Conflict of Interest, 2010
OECD, Lobbyists, government and public trust: Promoting integrity by self- regulation, 2009
OECD, Lobbyists, government and public trust: Building a Legislative Framework for Enhancing Transparency and Accountability in Lobbying, 2008
Burdescu, R., Reid, G.J., Gilman, S., Trapnell, S., Income and Asset Declarations: Tolls and Trade-Offs, StAR, November 2009
StAR, Public Office, Private Interests: Accountability through Income and Asset Disclosure 2012

 
c) Public Procurement and management of public finances
i. International Standards (UNCAC, OECD Convention)
ii. National measures (Best practices, common challenges)
iii. Accounting / auditing standards
iv. The role of oversight bodies
v. Procedures for the adoption of national budgets
 
Resources

 
d) Open Government / Transparency in Public Administration
i. Freedom of Information Laws
ii. Public education initiatives
iii. Publication of government information
iv. Data Protection
v. Open Government
This section will explore the conflict that may arise in efforts to prevent corruption; that is, the potential conflict between protecting private data and the need for information gathering and sharing. Ways of resolving this issue and reaching an appropriate and balanced approach will also be discussed.
 
Resources

 
e) Judicial Integrity
i. International Standards for the Judiciary (Bangalore Principles)
ii. Prosecutors
iii. Court Administration and Case Management
 
Resources

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