ADVOCACY IN ACTION The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments
Transparency International is the world’s leading non-governmental anti-corruption organisation. With more than 100 chapters worldwide, Transparency International has extensive global expertise and understanding of corruption. Transparency International UK (TI-UK) is the UK chapter of Transparency International. We raise awareness about corruption; advocate legal and regulatory reform at national and international levels; design practical tools for institutions, individuals and companies wishing to combat corruption; and act as a leading centre of anticorruption expertise in the UK.
Authors: Lucia Cirimello, Rose Whiffen Editor: Lucia Cirimello We would like to thank the following organisations for their work in monitoring commitments: Transparency International Australia, Integrity Watch Afghanistan, Transparency International Brazil, Transparency International Bulgaria, Transparency International France, Transparency International Georgia, Ghana Integrity Initiative, Transparency International Indonesia, Rasheed, Transparency International Kenya, Transparencia Mexicana, Civil Society Legislative Advocacy Centre, Transparency International Korea, Transparency International Russia, Corruption Watch, Transparency International España, Transparency International Sri Lanka, Transparency International Switzerland, Trinidad and Tobago Transparency Initiative, Transparency International Ukraine. Images: Front Cover - Istock, P1, P14 - Transparency International Flickr © 2019 Transparency International UK. All rights reserved. Reproduction in whole or in parts is permitted, providing that full credit is given to Transparency International UK (TI-UK) and provided that any such reproduction, in whole or in parts, is not sold or incorporated in works that are sold. Written permission must be sought from Transparency International UK if any such reproduction would adapt or modify the original content. Every effort has been made to verify the accuracy of the information contained in this report. All information was believed to be correct as of November 2019. Nevertheless, Transparency International UK cannot accept responsibility for the consequences of its use for other purposes or in other contexts. This project was funded with UK aid from the UK government. Transparency International UK’s registered charity number is 1112842.
ADVOCACY IN ACTION The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments www.anticorruptionpledgetracker.com
D Advocacy in Action: The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments
Transparency International UK E
CONTENTS Introduction...
...1
Background and scope of project...
...2
Limitations...
...2
Snapshot...
...3
Clusters of progress...
...5
Lessons learned...
...7
Stories of advocacy in action...
...9
Moving forward...
...14
Annex 1 - Progress by country...
...15
Annex 2 - Organisations and monitoring commitments...
...36
1 Advocacy in Action: The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments
Transparency International Sri Lanka holding a mobile clinic in Parasangaswewa, Anuradhapura, on the protection of victims and witnesses protection law.
INTRODUCTION There is a growing recognition by governments around the world that anti-corruption pledges matter. Multiple presidential campaigns spanning various regions were established under an anti-corruption mandate. The acknowledgement that international joint efforts are important to tackle corruption led to the launch of global meetings such as the 2016 London Anti-Corruption Summit. At this event, over 40 governments committed to hundreds of pledges to foster this agenda. Citizens and civil society organisations across the globe welcomed these pledges. However, traction often fades away under more pressing issues in a government’s agenda, political or economic instability, or the latest shocking events in the news. As noted in previous iterations of this yearly progress report, it is very easy for leaders to move on to their next challenge, even when the last has not yet been completed.1 However, at Transparency International we advocate for pledges to be taken seriously, and whilst we welcome the ambition of the Summit commitments, we regularly scrutinise governments to ensure their fulfilment of those promises. To maintain the relevance of these important pledges and make sure there is accountability, for the past three years Transparency International’s global movement has been tracking progress of anti-corruption commitments made at the Summit through Transparency International UK (TIUK)’s Promise to Practice Project.
1 See last year’s report at: https://www.transparency.org.uk/publications/accountability-in-action/
Civil society’s role in picking up the baton and ensuring countries are held accountable proves vital, as governments did not adopt any formal mechanism for implementation of the Summit commitments. Three years of pledge tracking have resulted in the ability to spot big trends in the progress of commitments related to certain themes such as beneficial ownership or asset recovery, as well as identifying specific country case studies and lessons learned. Beyond pledge tracking, there is a wide array of actionable initiatives that can be taken forward to push for implementation. The inclusion of Summit commitments into other relevant processes, such as the Open Government Partnership’s National Action Plans, can reinforce their strength and set boundaries for the completion of pledges. In addition, civil society pressure through advocacy on commitments can foster implementation while, at the same time, supporting governments in the enactment of more technical and complex legislation. Our work in this area shows that by not capitulating on monitoring and advocating for the implementation of these pledges, even when global attention shifts to other areas, we can create enough pressure to catalyse change. We embrace the impetus that events such as the 2016 AntiCorruption Summit generate, but we continue to push for reform when attention has faded.
Transparency International UK 2
BACKGROUND AND SCOPE OF PROJECT Transparency International UK (TI-UK) works with Transparency International (TI) Chapters and national partners across the world to monitor government progress on the commitments made at the 2016 Anti-Corruption Summit. This global pledge tracking process has evolved over the past years and seeks to offer a snapshot of clear and concise information on how each government has progressed on implementing its commitments.
In each country, TI chapters and national partners are asked to categorise each commitment according to the following definitions:
Complete - This commitment has an end date and there is evidence it has been completed.
Ongoing - This commitment has no defined end date and there is evidence that activity has started.
Currently, the Global Anti-Corruption Pledge Tracker has data on progress made on 162 commitments by 21 governments. It focuses on six themes:
• • • • • •
Asset Recovery Beneficial Ownership Transparency Law Enforcement Open Data Public Procurement Whistleblower and Civil Society Space Protection
Underway - This commitment has an end date and there is evidence that activity has started, but not completed.
No Data - There is no data on how this commitment is progressing.
Inactive - There is no evidence that activity has taken place on this commitment.
Overdue - There is evidence that this commitment has not Our focus on these six themes allows for depth in our assessments. There are fewer governments included in the current sample. In our previous reports we collected data across 27 countries and six international organisations; here we are concentrating on 21 countries.2 We have also added more categories to allow for nuance in explaining the many complex stages on the way to successful implementation. All information and data mentioned in this report can be found online, on the Global Anti-Corruption Pledge Tracker website: www.anticorruptionpledgetracker.com The assessment of each country’s commitments has been carried out by the relevant TI Chapter or partner based on requests to government and research.
been completed by the initial deadline.
Dropped - There is evidence that this commitment has been dropped by the government. After this evaluation, a review process takes place at TI-UK, where evidence is checked by a reviewer and later examined by a peer reviewer. This method seeks to bring consistency to the analysis, but ultimately the final assessment is owned by the civil society partner incountry, which is better placed to understand the context and subtleties of the process. For this reason, comparison across country or commitment progress is discouraged.
LIMITATIONS The commitments covered by this phase of the project are limited to the six themes listed above, although some TI Chapters and partner organisations are also tracking commitments beyond those themes, which are included in the website: www.anticorruptionpledgetracker.com.
2 Iterations are compiled with the support of TI chapters’ research and submissions to the government across the globe. Capacity and resources vary across chapters and years, resulting in more or fewer contributions at each point in time. This explains the varying number of countries included in the sample.
3 Advocacy in Action: The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments
SNAPSHOT The TI movement tracks pledges across over 20 countries...
...across six main themes
Beneficial Ownership 35%
Public Procurement 23%
Asset Recovery 22%
Law Enforcement
Whistleblowing
Open Data
8%
7%
5%
Beneficial ownership, asset recovery and public procurement amount to 80% of the anti-corruption commitments tracked. Over 30% of the commitments have been marked as new in 2016.2
62% of commitments have been evaluated as ambitious or somewhat ambitious. 40
40
35
35 30
30
25
25
20
20
15
15
10
10
5
5
0
Not New
New
Somewhat New
0
Ambitious Somewhat
Not
Other
3 An assessment on the commitments was made after the 2016 Summit to understand if they were ‘New’: Has the country ever committed to something like this before?’ and how ambitious they were. For more information, please refer to our 2017 report: https://www.transparency.org.uk/publications/pledge-tracker/
Transparency International UK 4
Commitments made by theme Beneficial Ownership
Asset Recovery
11
10
8
7
Public Contracting
Public Registers
Access to International Law Enforecement
Access to Domestic Law Enforecement
10
6
6
4
Legislation
Asset Recovery Guidelines
Accountable Repatriation
Global Forum on Asset Reocvery
Half of the countries included in this exercise pledged to establish or explore public registers of beneficial ownership.
10 countries in our tracker pledged to strengthen asset recovery legislation.
Public Procurement
Law Enforcement
8
8
4
Open Contracting Data Standard (OCDS)
Debarment
Open Contracting
10 International Anti-Corruption Coordination Centre (IACCC)
1 Prosecution
Implementing the OCDS has been a common ground shared by those countries making commitments.
Establishing the IACCC was a key commitment spearheaded by the UK Government and backed by several countries.
Open Data
Whistleblower/Civil Society Space
3
3
2
Open Data Charter
Data Literacy
G20 Open Data Principles
Mexico led on this space, making over 70% of all commitments on open data.
7
4
Protecting Whistleblowers
Reporting Corruption
These commitments mainly focused on stronger legislation to protect those who provide information on corruption.
5 Advocacy in Action: The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments
CLUSTERS OF PROGRESS
Beneficial Ownership
Open Contracting
Global beneficial ownership campaign
Ghana introduced an electronic procurement system
At the May 2019 Open Government Partnership (OGP) Summit in Ottawa seven governments made positive statements committing to progress beneficial ownership transparency.3
for the public sector, Ghana’s Electronic Procurement System (GHANEPS) designed to address corruption in procurement procedures. Whilst data in the portal is not yet in the Open Contracting Data Standard (OCDS) format, the government intends to publish in OCDS.
Indonesia has proven to be a leader in South Asia,
Ukraine: The Ukranian Prozorro is the official open
legislating for a central register of beneficial owners of companies. Relevant government and law enforcement agencies may request direct access to the database. The public can also request access. Although the register is not open by default, it is nonetheless an important first step towards beneficial ownership transparency.
data resource that offers free access to all public purchasing data on all tenders announced from August 2016. However, since being established, a number of practical problems have emerged in the course of the implementation of this law by parts of the public procurement sector. On September 19, 2019, the parliament voted to amend the law, which will improve the work of the Prozorro system. Some of these changes include the following: 1) mandatory use of Prozorro for purchases from 50 thousand UAH (a new simplified procedure) - this removes more than 250 thousand purchases from the shadows; 2) the introduction of personal liability of officials (in particular, heads of bodies) for violation of the law in the field of public procurement: a tax-free minimum fine equivalent to 34-170 thousand UAH; 3) the ability to correct errors in tenders within 24 hours.
Afghanistan: In 2018, the Afghan Minerals Law was revised. Although this law is missing important government commitments and the provisions could be undermined by loopholes, the requirement for the beneficial owners of mines to be publicly registered is welcomed. Since then, the Ministry of Mines and Petroleum has made a portal for mining contract holder’s information and it has recently uploaded details of contractors to this portal. Moreover, in some circumstances, the beneficial owner(s) of the company are also revealed (see for example the Turkish Afghan Mining Company: https://afghanistan.revenuedev. org/owner/32369).
83% of commitments made on beneficial ownership registers are already underway, ongoing or complete
88% of commitments made on the open contracting data standard are already underway, ongoing or complete
Transparency International UK 6
Asset Recovery
Whistleblowing
The UK, US and four focus countries — Nigeria, Sri Lanka, Tunisia and Ukraine — developed and adopted the Global Forum on Asset Recovery (GFAR) principles for accountable asset return. Several governments are either adopting new asset recovery legislation or, like Afghanistan and Sri Lanka, creating draft laws.
Australia: A New Whistleblower Protection Bill was passed
France: In May 2019, the French Senate adopted at first reading, almost unanimously, a law proposal on responsible assets repatriation. In June 2019, the French government mandated MPs to lead a mission assessing the feasible legal and budgetary options to repatriate stolen assets in France. The French government committed to passing a law allowing for responsible asset restitution before the end of 2019. Existing law would be amended, so that when a French court orders the forfeiture of the illicit assets of a foreign public official or other politically exposed person (PEP), those assets, rather than being forfeited to the State, would instead go into a special fund that seeks to improve living standards of victim populations, improve the rule of law, and fight against corruption in the country where the offences took place. The state would, however, be able to retain a portion of the assets, up to a specified limit, to cover the costs of bringing the case in the first place. Under the proposed bill, assets would be forfeited to the French state only in those cases where it is “absolutely impossible” to return the assets to the victim populations.
78% of commitments made on asset recovery guidelines or legislation are already underway, ongoing or complete
in both houses of Parliament in Australia on 19 February 2019. The reforms in the Whistleblower Protections Bill include: legal protections that apply before a whistleblower starts to experience reprisals, provisions that mean a company can now be held liable if it fails to prevent detrimental acts, new rules for whistleblowing outside the company and an extended scope for who is protected. However, the legislation only covers the private sector, so revisions to strengthen public sector whistleblowers are still needed.
91% of commitments made on whistleblower protection are already underway, ongoing or complete
7 Advocacy in Action: The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments
LESSONS LEARNED How to ensure successful international events and the implementation of commitments By monitoring the actions of governments over the last three years, we have been able to identify when implementation is more likely to occur and therefore how to make international summits more successful. Our analysis reveals the steps that must take place to encourage implementation and how we can push for progress after the summit has occurred.
1. During the Summit Whilst we cannot attribute causality, one of the emerging trends we have been seeing since 2016, is a relationship between the progress of a commitment and how ‘ambitious’ a commitment is. For example, when we collected updates about the progress of the commitments in May 2019, we found that:
31% of commitments classified as ambitious are now complete, (compared to only 19% of commitments that are classified as ‘not ambitious’). It is also true that, the more ‘concrete’ a commitment is, the more likely it is to have been enacted. It’s not surprising that making clear, unambiguous commitments leads to action, but what is more surprising is that when governments make ambitious commitments, these are the most likely to have been implemented. Anti-Corruption reforms often clash with vested interests and are time consuming to enact, thus political will is extremely important to ensure implementation.
If a government wants to demonstrate political will to implement anti-corruption reforms, they should be making ambitious and concrete commitments.
“The UK Crown Commercial Service will implement the Open Contracting Data Standard by October 2016...”. Ambitious commitments included Ukraine’s following pledge to strengthen asset recovery. It specifically highlights the areas for reform and contains several ambitious endeavors, including the setting up of the now active ARMA4:
“To support victims, take further steps to improve asset recovery legislation, in particular implementing EU Directive 2014/42, operationalise the National Agency for Detection, Tracing and Management of Proceeds of Corruption and Other Crimes in 2017 and participate with others in the International Asset Recovery Forum 2017.” On the other hand, when governments make unambitious commitments, it seems they are often not implemented. Thus, if governments are committed to progress, they should avoid language that indicates a lack of political will, such as will “commit to exploring...”, “will take steps...” and “will encourage”. Our New Zealand chapter reported in 2018: “there has been disappointingly slow progress in developing a public register for overseas beneficial ownership of all legal entities”. It is noteworthy that the government committed to only ‘explore’ these registers rather than implement them.
2. How to effectively follow up on anti-corruption pledges The political characteristics of a country shape how successfully summit commitments can be followed up – for instance:
• Political stability and changes in government
What language should governments use?
• Government ability and capacity to implement
To ensure that a commitment is concrete and specific, words denoting action like will “implement/ fully develop/establish” should be used. Ideally the commitment would also come with a deadline or timeframe and distinguish who would be responsible for implementation, such as the UK’s following commitment made at the Anti-Corruption Summit:
• Political priorities
4 https://arma.gov.ua/en/
• Existence of institutional mechanisms and legal frameworks to fulfill commitments
• Agility of government bureaucracy
Transparency International UK 8 • Government sensitivity to international opinion. Where countries demonstrated favorable characteristics, publicly monitoring the progress of commitments from the Summit enabled civil society to open up space to advocate for the fulfillment of commitments, created pressure on governments and added leverage to influence other accountability processes. Transparency International Spain (TI Spain) revealed that publicly monitoring the commitments made by the Spanish government at the Summit proved to be effective after the summit. It enabled TI Spain to engage with government agencies, including the Ministry of Justice, which was generally unaccustomed to working with civil society. TI-Spain was able to play a role in advising the government on best practice implementation. It also used a combination of approaches, including public events, to put pressure on the government to fulfill the commitments. Nigeria’s Civil Society Legislative Advocacy Centre (CISLAC) reported that monitoring the government’s Summit pledges reinforced its commitment to implement these. In a context where public officials are sensitive to the opinions of other governments, publishing tangible and visible progress of Nigeria’s implementation encouraged government officials to act. However, where the political situation is not favorable, summit follow-up can have limited value in securing implementation, as TI Australia has reported. Negative assessments of progress can risk alienating reformers.
Advocacy tactics must be informed by and adapted to each political context. Understanding the motivations and
(NAPs) given that they seek to increase transparency, civic participation or accountability. Of these 165 commitments, 55 (35%) have already been included in National Action Plans, indicating that there are a significant number of commitments which could easily be included in upcoming NAPs.”5 This analysis has revealed that there is scope for merging these agendas, and that there is a vast amount of Summit commitments ready to be included into National Action Plans.
Linking relevant accountability initiatives can generate mutually reinforcing processes, as a wider array of watchdogs and technical experts are able to oversee the process and multiply the efforts towards implementation. After the 2016 Anti-Corruption Summit, where Australia made beneficial ownership commitments, TI Australia noted that pledge tracking assisted them to argue for the inclusion of beneficial ownership in the Australian OGP National Action Plan. Similarly, in Afghanistan, Integrity Watch Afghanistan (TI’s in-country partner) used the commitments to reinforce other negotiations, for example to achieve stronger Extractive Industries Transparency Initiative (EITI) implementation. In these contexts, pledge monitoring has supported advocacy and strengthened the importance of the commitments in overlapping accountability processes.
Conclusion Civil society can most effectively ensure anti-corruption summit pledges are put into action if the following ingredients are in place:
• Political will demonstrated in ambitious and concrete
constraints of governments is essential to successfully achieve reform.
commitments
• Favorable contexts for publicly monitoring pledges
3. Post-Summit - Embedding commitments into other processes In addition to public pledge monitoring, commitments can be embedded into other national or international initiatives that have formal timelines and processes thereby, holding governments to account. This is not only a positive step towards implementation. It can also strengthen the process through the technical support and feedback loops that it creates.
and advocacy
• Embedding commitments into multiple accountability processes These can lead to a stronger, more scrutinised and solid implementation of anti-corruption commitments.
Our previous analysis on the overlap of Summit and Open Government Partnership National Action Plans showed that “at least 165 [Summit] pledges are, in their current form, relevant to OGP National Action Plans 5 https://www.transparency.org.uk/publications/anti-corruption-summit-pledges-ogp-national-action-plans/
9 Advocacy in Action: The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments
STORIES OF ADVOCACY IN ACTION In addition to monitoring the progress of the commitments made at the summit, civil society organisations can encourage the implementation of summit commitments through national advocacy strategies. This section presents case studies of Transparency International chapters’ advocacy work in progressing the implementation of commitments made at the 2016 London Anti-Corruption Summit. These impact stories cover areas such as whistleblowing, public participation on national anti-corruption strategies and registers of beneficial ownership for overseas entities.6
safely. However, there was still work to be done and some aspects of the law needed to be amended. TI Sri Lanka viewed their commitment tracking work as an opportunity to keep up the pressure for the government to strengthen the implementation of the act. TI Sri Lanka defined the government actions that would represent the fulfilment of the government’s commitments and created indicators to measure progress. For the government goal of instigating effective witness and victim protection, TI Sri Lanka formulated four indicators8 and then gauged progress against them. TI Sri Lanka’s work has made a substantial contribution to ensuring the government enacts its commitments. The work is slow, incremental and requires considerable commitment and advocacy investment.
TI Sri Lanka’s Strategy
Increasing protection for victims and whistleblowers in Sri Lanka Sri Lanka and the London Summit Commitments The Government of Sri Lanka made five pledges to combat corruption at the 2016 London Anti-Corruption Summit. In order to monitor and create awareness of the three most concrete pledges, Transparency International Sri Lanka (TI Sri Lanka) developed an online tracker. The Chapter has also conducted advocacy on implementation of the commitments. One of the commitments made by the Sri Lanka Government was ‘on ending impunity’. TI Sri Lanka operationalised this commitment by pushing for an active victim and witness protection program.
Victim and witness protection in Sri Lanka TI Sri Lanka had identified victim and witness protection as a key area for reform. A victims of crime and witnesses protection Act7 was already in place in Sri Lanka (from here on referred to as ‘the Act’). This Act promises a structured mechanism for the protection of victims and witnesses and has the potential to provide protection for the victims of a corruption so that they can come forward
The goal of the work is to ensure that legislation is in place to protect victims and witnesses of corruption by the end of 2020. In the short term this meant ensuring that the Victims and Witnesses Authority, the body carrying out the Act, was adequately funded through the national budget and that the service provided to the public was of a high standard. A key part of the strategy therefore involved direct engagement and collaboration with the Authority to implement the Act effectively, whilst advocating for increased budget allocations. TI Sri Lanka also sought to raise awareness of corruption as an issue in victims and witnesses’ protection and sought to create public awareness.
Breakthroughs As advocates, TI Sri Lanka were experienced in making the language of commitments and anti-corruption measures accessible, in order to bridge the “gap between public interest and the technical side of anti-corruption”9. TI Sri Lanka also conducted extensive work to analyse and understand the Act and were thus in a position to simplify the content of the Act to a wider audience. This led to the development of a trilingual pamphlet which simplified the Victims and Witnesses Act and made it more accessible to the public. TI Sri Lanka were also able to establish communication with the Victims and Witnesses Authority. This
6 The Sri Lankan, South African, Jordan and Afghanistan case studies in this section are based upon a literature review and qualitative interviews conducted by Brendan O’Donnell, while performing an independent evaluation of the Promise to Practice Project. 7 Assistance to and Protection of Victims of Crime and Witnesses Act 2015, Sri Lanka. 8 http://www.tracker.tisrilanka.org/about/ These included measuring whether Parliament was providing adequate budget to the Victims and Witnesses Authority responsible (NAPVCW), whether the Victims and Witnesses Authority and the Police were enabled to do their duties and exercise powers under the Act; whether temporary shelters had been established; and whether the special fund for witnesses and whistle-blowers was being adequately financed. 9 Transparency International Sri Lanka (2017), Annual Report.
Transparency International UK 10 proved extremely useful in subsequent work on the operationalisation of the Act. For instance, as a result of TI Sri Lanka’s communication with the Authority, a component on corruption was included in the Victims and Witnesses Authority training. In addition, 3000 pamphlets created by TI Sri Lanka were used in the Victims and Witnesses Protection Authority’s awareness programme, across all 492 police stations in Sri Lanka. The communication with the Authority increased cooperation that led to the strengthening of the victims and witnesses’ protection law. Lastly, the evolving relationship resulted in TI Sri Lanka having a role in trouble-shooting gaps in implementation in very practical ways. It enabled TISL to run mobile clinics with the Victims and Witnesses Authority and the Police Division to test the Act in practice, bringing together victims of crime and witnesses with protection agencies to agree ways to maximize protection under the Act. The clinics enabled people affected by corruption to access legal advice directly from the agencies. In addition to monitoring the progress of the commitments made at the summit, civil society organisations can encourage the implementation of summit commitments through national advocacy strategies.
Lessons Learned • Advocates may need to consider building their credibility and relationships with key stakeholders before seeking to suggest reforms to legislation. Collaboration on making existing systems and legislation work can form the basis for more informed and credible amendments to legislation. • Identifying and addressing capacity gaps in the implementation of commitments is a key opportunity for local actors to ensure fulfilment of commitments. • Civil society organisations have a challenge providing technical support to government agencies whilst also creating political momentum to achieve the ultimate goal of getting commitments turned into meaningful action. • Technical language and jargon surrounding anticorruption reform usually alienates stakeholders and the general public. Civil society can bridge this divide by simplifying language and generating creative approaches.
Raising Public Awareness on Anti-Corruption in South Africa South Africa and the London Summit Commitments At the London Anti-Corruption Summit in 2016, the South African government committed to developing a National Anti-Corruption Strategy and supporting an implementation plan. The government also pledged to engage the public on the proposals contained in the strategy.
South Africa’s National Anti-Corruption Strategy Corruption Watch is a civil society organisation and accredited member of Transparency International, operating in South Africa. Through following the work of the government on the National Anti-Corruption Strategy, Corruption Watch became aware that the South African government had little intention of seeking public engagement and was only engaging with public servants in various provinces. Yet at the same time it was clear that the public wanted to see the introduction of accountability and anti-corruption measures to be put in place.
Corruption Watch’s Strategy In order to ensure that the government developed a sound anti-corruption strategy which included input from the public, Corruption Watch launched a public awareness campaign in 2018 around the National Anti-Corruption Strategy. Their approach involved the following:
• Developing an online public survey on the National Anti-Corruption Strategy;
• Conducting public consultations in three provinces • Progress in advocacy on commitment implementation can be slow and requires considerable resource and commitment.
(Gauteng, Western Cape, North West);
• Hosting roundtable discussions with civil society organisations and the private sector;
• The work necessitates having highly skilled advocates with a combination of legal, analytical, political, and communication skills.
• Soliciting input from anti-corruption experts at a local and international level; and
11 Advocacy in Action: The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments • Making a written submission to the South African government on key findings from the consultative process, as well as recommendations that should be considered when finalising the Strategy.
Achievements In Corruption Watch’s engagements with community members it became evident that the public, civil society and the private sector were unaware of the National Anti-Corruption Strategy. Without this intervention by Corruption Watch, it is unlikely that the Strategy would have had widespread public input. A community member in Mogwase expressed his frustration: “When the government wants to increase our taxes, then they come to our communities and explain why they are doing so. However, when it comes to matters of anti-corruption which is equally important, the government doesn’t think it is necessary to engage us.” As a result of Corruption Watch’s advocacy the Government incorporated a number of measures suggested by civil society and the private sector into the draft National Anti-Corruption Strategy. In September 2019, the Department of Planning, Monitoring and Evaluation convened a meeting of stakeholders in order to establish a reference group that will undertake the revision of the Strategy, as well as the monitoring and implementation plan. Corruption Watch’s executive director, David Lewis, was appointed as the interim co-chair of the reference group, which has committed to have the final revisions for strategy completed by March 2020. Whilst the final strategy is yet to be released at the time of writing, Corruption Watch successfully managed to raise public awareness of it and ensure that the strategy includes a wider perspective of opinions. Moreover, through the various consultative processes, Corruption Watch created stronger ties to other civil society organisations and fostered more collaborative working relations with government.
Lessons Learned • Civil society organisations are critical to ensuring communication and feedback between governments and citizens. Their role in guaranteeing participation from the public cannot be underplayed. • Consultative processes are a key way of empowering citizens and generating richer anti-corruption frameworks, not only based on technical specifications but also grounded on reality.
Advocating for a public register of the beneficial owners of overseas companies that own or buy property in the UK. The importance of the register The UK’s property market is a prime destination for the corrupt and other criminals to launder their stolen wealth. Using an anonymous shell company registered overseas, these individuals can purchase luxury property in the UK with the proceeds of their crimes, away from the prying eyes of journalists, politicians, law enforcement and the wider public. This enables them to enjoy their ill-gotten gains with impunity, and use vital UK housing as their own personal safety-deposit boxes. To address this problem, the UK committed at the 2016 London Anti-Corruption Summit to introducing a public register of the beneficial owners of overseas companies that own or buy UK property. By April 2018, the Government’s original deadline for tabling legislation for this register, the Government had responded to the results of its 2017 Call for Evidence on this policy. This response reiterated the Government’s commitment to publish a draft bill for this register in the Summer of 2019, with the aim of the register being operational in 2021. Although the register has not yet been legislated for, the Government has reiterated its commitment to deliver an operational register by 2021.
Transparency International UK’s Strategy To keep pressure on the UK Government to deliver on its commitment to legislate for a property register and ensure the data in that register is accurate and verified, we:
• Held meetings with key stakeholders and decisionmakers, including in Parliament, Government, civil society and the private sector
• Produced written briefings for Parliamentarians across the political spectrum
• Co-produced with Global Witness a technical •
paper for the Department of Business, Energy and Industrial Strategy on reforms needed at Companies
Transparency International UK 12 House to ensure company registration information is accurate and verified
• Published blogs and social media content, and appeared in print and broadcast media
Lessons Learned • The production of reliable and technical content is an important action towards building trust with the government and effectively advocating for a commitment.
• Made submissions to consultations in Government and Parliament
• Built up our internal corruption case database, which underpins our relevant investigative and media work
• Took part in Parliamentary evidence sessions, including with the Joint Select Committee on the Draft Registration of Overseas Entities Bill
What was the outcome? In July 2018, the UK Government published – and opened a public consultation on – a draft bill for the property register, to which we submitted evidence. In February 2019, a joint parliamentary committee was appointed to scrutinise this draft bill.
• Furthermore, providing technical recommendations that can foster conversation and constructive feedback is a key step to maintaining pressure without falling into a lazy critique. Focusing on problems alienates stakeholders; providing informed solutions nurtures engagement. • To operate effectively in an extremely fraught political environment, we need to be extremely quick to react to opportunities when they arise – for example, where there are media stories relating to money laundering that we can link back to the need for a property register. • We have also had to learn to be flexible with our timelines, and take account of the current political climate.
In May 2019, the Government launched a consultation on proposals to reform Companies House10, the body which will be responsible for the data submitted to the Registration of Overseas Entities Bill. This has been one of our key advocacy asks and will enable us to provide technical expertise to government on the means of verifying the accuracy of beneficial ownership data. Subsequently, the Joint Committee on the Draft Registration of Overseas Entities Bill published its response to draft legislation for the property register11, including a number of our key policy recommendations (for example, the verification of beneficial ownership data) in its report. We have now published a joint manifesto against corruption with other leading anti-corruption NGOs in the UK (https://www.transparency.org.uk/publications/ fighting-corruption-manifesto/), in which we are calling for all parties to commit to delivering this register of who really owns the overseas companies that hold UK property.
10 https://www.gov.uk/government/consultations/corporate-transparency-and-register-reform 11 https://www.parliament.uk/business/committees/committees-a-z/joint-select/draft-registration-of-overseas-entities-bill/news-parliament-2015/report-publication/
13 Advocacy in Action: The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments
Pushing for implementation on beneficial ownership commitments in Afghanistan
Creating Political Momentum for Pledges in Jordan
Afghanistan made 18 commitments at the London 2016
In Jordan, Rasheed (Transparency International Jordan) are seeking the creation of a national Jordanian integrity system in order to fulfil commitments made at summits including the Open Government Partnership and the London 2016 Anti-Corruption Summit as well as obligations under Sustainable Development Goals.
Summit, five of which concerned beneficial ownership transparency. Advocating for the fulfilment of these pledges has enabled Integrity Watch Afghanistan to expand its work on beneficial ownership transparency beyond the extractives sector. As stated by Integrity Watch Afghanistan (TI’s partner in Afghanistan): “Without the advocacy support the scope of our work would have been smaller… We’ve advocated for beneficial ownership transparency in the extractive sector but now we are also advocating for it to apply to all sectors. We might have continued pursuing beneficial ownership through the EITI but not across the board.... Thanks to the support from the project we are the driving force behind the draft regulation on beneficial ownership. “After the London Summit there was a lot of support at the political level but at a technical level things were not moving. We convened the different departments to help them go forward on this and contributed to drafting the regulation but there was a roadblock because of a lack of support in one ministry, but we keep pushing again and again and we intend to make progress on legislation.”12 Integrity Watch has realised that an active, honest and long term role by the donor community to support anticorruption initiatives and specifically around London summit commitments could be useful. Furthermore, it is important that anti-corruption commitments are continuously supported by the political leadership and translated into action by the bureaucracy.
Lessons Learned • Supporting civil society in expanding their advocacy work can easily enable cross-pollination into other similar areas of work that can catalyse critical impact.
The focus of much of Rasheed’s project work has been creating political momentum around the commitments, establishing and working with a Government agency to drive implementation (the Jordanian Integrity and Anti-Corruption Commission), identifying and notifying relevant government agencies of the existence of the commitments, elaborating and reaching consensus with civil society and government as to what progress looks like, encouraging ministries to report on their progress and using the pledge tracker to publicise the results. Rasheed have made good headway on mobilising government actors given the newness of the commitments to government agencies. Their longer-term objective is to help prompt completion of at least three of Jordan’s pledges and to move forward on five others to being categorised as either ‘ongoing’ or ‘underway’.
Lessons Learned • The simple process of engaging in discussions with the government about specific advocacy asks can create awareness on themes that were not in the government’s agenda previously. This is a crucial step, as departments might not be aware that these commitments have been made in the first place. • Taking the time to produce a comprehensive monitoring process with detailed metrics of what success looks like facilitates engagement with government in the future, as the latter know what accountability actually means.
• Identifying the crucial actors and their different roles, such as political leaders who could be ‘champions of change’ or bureaucrats that enact the reforms is important to create more targeted streams of advocacy work. 12 This quote is taken from an interview done as part of the independent evaluation of the project conducted by Brendan Doyle in May 2019.
Transparency International UK 14
MOVING FORWARD We began with the 2016 London Anti-Corruption Summit because of its pivotal role in driving anti-corruption commitments from over 40 countries. This was a major achievement, which needed a matching commitment to turn those pledges into action. Our work over the past three years has taught us many lessons:
The importance of pledge tracking also lies in fostering engagement with stakeholders. Pledges are often made at a high level but departments responsible for them are not made aware, resulting in a lack of implementation. The small act of engaging in a conversation with the government sometimes has a critical impact. Furthermore, rewarding those responsible for implementation is an incentive to back reform.
1. CREATION – When making new anti-corruption
3. LINKING UP – Embedding anti-corruption pledges
commitments, governments should focus on formulating a) concrete, b) ambitious, c) time-bound pledges, d) which state which department or public body is responsible for delivering them.
into relevant national or international accountability mechanisms, such as national strategies, the OGP NAPs, or reiterating government commitment at global fora is a way of strengthening the implementation process. It renews the ambition and provides more opportunities for scrutiny technical support.
TI Chapters have reported that vague and non-binding commitments have hindered accountability efforts.
4. ADVOCACY – Monitoring pledges and taking part in other Guidelines for creating ambitious commitments are not only important for governments, but also for civil society. They can help civil society call out weak pledges that have only been made as a ‘PR exercise’ and can support in making them robust before embarking on the implementation process. This can save time and resources which would be otherwise wasted on delivering or monitoring uncertain pledges.
2. MONITORING – We have found that often, governments’ efforts to deliver on their commitments increase as their awareness of being monitored grows. Attention leads to action, and that is the first step towards accountability.
related fora is only half the work. Highlighted examples demonstrate how important it is for civil society to set up robust advocacy strategies whereby pushing for reform is combined with creative initiatives, such as providing technical support or acting as the link between the government and citizens. These painstaking, long term processes ensure reform is more likely to be achieved.
15 Advocacy in Action: The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments
ANNEX 1 - PROGRESS BY COUNTRY AFGHANISTAN Theme
Focus Issue
Summit Commitment
Status
Asset Recovery
Legislation
Strengthening asset recovery legislation, including through non- conviction based confiscation powers and the introduction of unexplained wealth orders
Ongoing
Asset Recovery
Asset Recovery Guidelines
Developing internationally endorsed guidelines for the transparent and accountable management of returned stolen assets,
Ongoing
Property
Taking steps to ensure transparency of the ownership and control of all companies involved in property purchase and public contracting. Supporting the establishment of transparent central registers of foreign companies bidding on public contracts and buying property, and intend to explore options for taking similar action.
No Data
Beneficial Ownership
Public Contracting
Taking steps to ensure transparency of the ownership and control of all companies involved in property purchase and public contracting. Supporting the establishment of transparent central registers of foreign companies bidding on public contracts and buying property, and intend [sic] to explore options for taking similar action.
No Data
Beneficial Ownership
Automatic Exchange of Information
Joining the pilot initiative for automatic exchange of beneficial information
No Data
Beneficial Ownership
Public Register
Establishing public central registers of company beneficial ownership information
Ongoing
Beneficial Ownership
Access to Domestic Law Enforcement
Ensuring that law enforcement agencies have full and effective access to beneficial ownership informationfor companies and other legal entities registered within their jurisdiction
Inactive
Public Procurement
Corrupt Bidders
Exploring ways of sharing information on corrupt bidders across borders
Inactive
Public Procurement
Debarment Database
Establishing accessible central databases of companies with final convictions
Ongoing
Public Procurement
Open Contracting Data Standard
Working towards phased implementation of the principles of the Open Contracting Data Standard, focusing on major projects as an early priority
Ongoing
Beneficial Ownership
Transparency International UK 16
AUSTRALIA Theme
Focus Issue
Summit Commitment
Status
Asset Recovery
Legislation
Australia has effective laws for asset recovery, including nonconviction based confiscation powers and unexplained wealth orders. We will continue to review our legislative framework to ensure its continued effectiveness
Beneficial Ownership
Information collection, sharing, availability
Australia has tracing powers for beneficial ownership of listed companies and investment schemes and is committed to ensuring that adequate, accurate and timely information on beneficial ownership and control is available to competent authorities
Inactive
Beneficial Ownership
Central Register
Australia is committed to exploring, via public consultation, options for a beneficial ownership register for companies
Overdue
Beneficial Ownership
EITI
We welcome the new 2016 EITI Standard, in particular the requirements on beneficial ownership and the sale of the state’s share of production
Ongoing
Law Enforcement
International Anti-Corruption Coordination Centre
Australia will work with the UK and others to establish the new International Anti-Corruption Coordination Centre, to streamline and focus international cooperation in cases of grand corruption with international dimensions
Complete
Public Procurement
Open Contracting Data Standard
Australia supports the Open Contracting Data Standard, and notes the role the Standard can play in encouraging machinereadable open data formats across all areas of government
Ongoing
Protecting Whistleblowers
Australia is developing strengthened whistleblower protections designed to protect those who disclose information on tax misconduct to the Australian Taxation Office. Whistleblowers will have their identity protected and will be protected from victimisation and civil and criminal action to encourage them to come forward and help support compliance with Australia’s tax laws
Ongoing
Whistleblower/ Civil Society Space Protection
Inactive
17 Advocacy in Action: The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments
BRAZIL Theme
Focus Issue
Beneficial Ownership
Information collection, sharing, availability
Brazil is implementing measures and regulations to ensure that information on beneficial owner of companies is obtained, verified, recorded and kept up-to-date
Ongoing
Beneficial Ownership
Public Contracting
Brazil has also taken measures to guarantee that information on the beneficial owner of companies participating in bids and public procurement processes is assembled and verified before the establishment of public contracts.
No Data
Public Procurement
Open Data
Brazil is committed to make data on public procurement open by default, providing usable, timely and shareable information.
Complete
Debarment Database
Brazil is committed to ensuring full access and transparency of information on companies punished in the terms of the Corporate Liability Law and the Public Procurement Law, through the use of the National Registry of Punished Companies (CNEP) and the Registry of Ineligible and Suspended Companies (CEIS)
Complete
Reporting Corruption
Brazil will continue to strengthen mechanisms to make it easier for citizens to report corruption, to facilitate actions including by law enforcement on the information provided, and to protect “whistle blowers� and others in the public and private employees who take personal risks to unveil corruption activities.
Ongoing
Public Procurement
Whistleblower/ Civil Society Space Protection
Summit Commitment
Status
Transparency International UK 18
BULGARIA Theme
Focus Issue
Asset Recovery
Accountable Repatriation
Bulgaria commits to providing technical assistance and expertise on asset recovery and welcomes international cooperation on transparent and accountable management of returned assets.
Ongoing
Legislation
Bulgaria commits to uncovering, seizing and returning the proceeds of corruption to their legitimate owners. Bulgaria’s Commission for the Withdrawal of Criminal Assets has gained strength and considerable experience in recovering and confiscating illicit proceeds and will benefit from its proposed inclusion in a new powerful Anti-corruption Bureau proposed under the Draft Corruption Prevention and Confiscation of Criminal Assets Act. The draft Law focuses on cases of unexplained wealth and allows for the reversal of burden of proof.
Ongoing
Public Contracting
Bulgaria commits to actively investigating the link between corruption and organised crime. Organised criminals use the proceeds from illicit market activities and contraband to influence the judiciary, law-enforcement, central and local government, and the media in order to facilitate their criminal activities, launder proceeds, or win public contracts for their legal fronts. Profits from public contracts awarded to companies linked to organised crime are used to finance VAT fraud schemes or the illicit trade in excise tax goods or drugs. Seizing the profits of organised criminals and denying access to public contracts of their front companies is key to tackling corruption.
No Data
Beneficial Ownership
Public Register
Bulgaria commits to exposing illicit financial flows through lifting the veil of secrecy over who owns and controls companies. It already has made public its registry for companies registered under its own jurisdiction and supports internationally recognised measures that ensure accurate and timely information on foreignregistered beneficial ownership is made available to all those who need it.
No Data
Public Procurement
Open Contracting Data Standard
Bulgaria commits to the implementation of the Open Contracting Data Standard as part of its new e-government procurement work.
Overdue
Public Procurement
Transparency and Integrity
Bulgaria commits to keeping public contracting and government budgets open and transparent to prevent and expose the theft and misuse of taxpayers’ money.
Ongoing
Reporting Corruption
Bulgaria commits to ensuring citizens are able to report incidents of corruption without fear of reprisal and with confidence that any credible information they provide will be acted on and their identity protected when necessary. Bulgaria’s Draft Corruption Prevention and Confiscation of Criminal Assets Act has detailed provisions regarding the credibility and admissibility of anonymous signals aiming to encourage citizens to report corruption while protecting their identities
Ongoing
Asset Recovery
Beneficial Ownership
Whistleblower/ Civil Society Space Protection
Summit Commitment
Status
19 Advocacy in Action: The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments
FRANCE Theme
Focus Issue
Asset Recovery
Global Asset Recovery Forum
France commit to considering defensive measures against noncooperative jurisdictions if progress as assessed by the Global Forum is not made.
Inactive
Asset Recovery
International Cooperation
France supports full enforcement of the UNCAC asset recovery provisions, and commits to strengthen its asset recovery legislation, including through the developing of internationally endorsed guidelines for the transparent and accountable management of returned stolen assets.
Underway
Beneficial Ownership
Automatic Exchange of Information
France will participate to the pilot initiative for automatic exchange of beneficial ownership information.
Complete
Beneficial Ownership
Property
We will take steps to ensure transparency of the ownership and control of all companies involved in property purchase and public contracting.
Inactive
Beneficial Ownership
Public Contracting
We will take steps to ensure transparency of the ownership and control of all companies involved in property purchase and public contracting.
Inactive
Beneficial Ownership
Public Register
France will establish as soon as possible beneficial ownership registers for legal persons as well as for trusts, that will be made accessible to the public.
Underway
Law Enforcement
International Anti-Corruption Coordination Centre
France will work with the UK and others to design the concept of an International AntiCorruption Coordination Centre that aims at streamlining and focussing international cooperation in cases of corruption with international dimensions
Inactive
Open Data
Data Literacy
We commit to leverage open data, big data and datasciences to foster data-driven anti-corruption policies. We will grow a culture of openness, data literacy and digital technologies by producing training modules on open data, the use of data and open government targeting public officials, and including more of these modules in initial and continuing civil service training programs.
Ongoing
Open Data
Open Data Charter
France will implement the principles of the International Open Data Charter
Underway
Auditing
We will improve and develop the auditing of public contracts performance, and commit to standardise the format of data of public call for tenders and encourage increased publicity of awarded public tenders to foster transparency on public procurement
Ongoing
Open Contracting
As a founding member of the C5 initiative, we commit to implementing Open Contracting and to take into account the principles of Open Contracting Data Standard into our domestic framework.
Ongoing
Public Procurement
Public Procurement
Summit Commitment
Status
Transparency International UK 20 Whistleblower /Civil Society Space Protection Whistleblower /Civil Society Space Protection Whistleblower /Civil Society Space Protection
Protecting Whistleblowers
Persons reporting corruption will benefit from a tailored protection, regardless of the field of their company activity.
Complete
Protecting Whistleblowers
We commit to adopt measures to ensure the protection of persons reporting corruption against retaliatory measures which might be taken against them by their employer.
Complete
Reporting Corruption
France will create a National Agency for the Detection and Prevention of Corruption to monitor the implementation of internal procedures to prevent bribery by requested companies and provide appropriate assistance to persons reporting corruption.
Complete
GEORGIA Theme
Focus Issue
Summit Commitment
Status
Beneficial Ownership
Public Contracting
Georgia will take steps to ensure transparency of the ownership and control of all companies involved in public contracting.
No Data
Public Procurement
Open Contracting Data Standard
Georgia will work towards effective implementation of the principles of the Open Contracting Data Standard, focusing on major projects as an early priority. Georgia will implement the principles of the Open Data Charter.
Underway
21 Advocacy in Action: The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments
GHANA Theme
Focus Issue
Summit Commitment
Status
Underway
Beneficial Ownership
Public Register
Ghana is committed to preventing the misuse of companies and legal arrangements to hide the proceeds of corruption and commits to strengthening further both the Companies Bill and the Petroleum (Exploration and Production) Bill that are currently before Parliament to ensure that we have public beneficial ownership information and central register for all sectors, including oil and gas sector, in line with UNCAC and FATF Recommendations as well as the Extractive Industries Transparency Initiative (EITI) standards that Ghana is implementing; ensuring that accurate and timely company beneficial ownership information, including in the extractives, is available and accessible to the public
Public Procurement
Open Contracting Data Standard
Ghana will work towards making government public procurement ‘open by default’ – beginning with Open Contracting Data Standards for high value contracts and contracts in the oil, gas and mining sector
Ongoing
Debarment
Ghana is committed to exploring further options for improving transparency and openness in the area of public contracting and will continue to blacklist and debar service providers and contractors who engage in corrupt and other related misconduct in public procurement
Overdue
Reporting Corruption
Ghana is strengthening the necessary legislative and other measures to enhance the capacity of the public/citizens and encourage them to report corruption without fear of victimization, and commits to: improve and extend the recently established Citizens complaints Centre in Accra to other regions of the country
Complete
Public Procurement
Whistleblower /Civil Society Space Protection
Transparency International UK 22
INDONESIA Theme
Focus Issue
Summit Commitment
Asset Recovery
Accountable Repatriation
We commit to participate in the second review cycle of the implementation of Chapter V on Asset Recovery of the United Nations Convention Against Corruption
Complete
Asset Recovery
Compensation
We will develop common principles governing the payment of compensation to the countries affected, to ensure that such payments are made safely, fairly and in a transparent manner, under the framework of UNCAC
Complete
Asset Recovery
International Cooperation
We will afford one another the widest measures of cooperation and assistance in asset recovery
Complete
Asset Recovery
StAR
We commit to strengthen the Stolen Asset Recovery Initiative (StAR) in support of countries’ efforts to recover and return stolen assets
Complete
Beneficial Ownership
Information collection, sharing, availability
We commit to improving the transparency of the beneficial ownership of legal persons and legal arrangements to prevent misuse of these entities and arrangements for corruption, tax evasion, terrorist financing and money laundering
Complete
Beneficial Ownership
Public Register
We commit to exploring the establishment of public central registers of company beneficial ownership information
Complete
Open Data
G20 Open Data Principles
We will work toward the full implementation of the G20 AntiCorruption Open Data Principles
Complete
Public Procurement
Debarment Database
We commit to strengthen central databases of public contracting companies with final convictions
Complete
Public Procurement
Transparency and Integrity
We will work toward the full implementation of the principles of the G20 Principles for Promoting Integrity in Public Procurement and the relevant provisions in United Nations Convention Against Corruption
Complete
Whistleblower/ Civil Society Space Protection
Protecting Whistleblowers
We commit to strengthen whistle blower system and protect those who have provided information on corruption
Complete
13 The latest data available on the status of Indonesia’s commitments is from October 2018.
Status12
23 Advocacy in Action: The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments
JORDAN Theme
Focus Issue
Summit Commitment
Status
Asset Recovery
Compensation
Jordan will develop common principles governing the payment of compensation to the countries affected, to ensure that such payments are made safely, fairly and in a transparent manner.
Inactive
Asset Recovery
Legislation
Jordan commit to strengthen their asset recovery legislation, including through nonconviction based confiscation powers and the introduction of unexplained wealth orders.
Inactive
Beneficial Ownership
Property and Public Contracting
Jordan welcomes the "establishment of transparent central registers of foreign companies bidding on public contracts and buying property, and intend to explore options for taking similar action."
Inactive
Beneficial Ownership
Public Register
Jordan commit to exploring public central registers of company beneficial ownership information.
Ongoing
Public Procurement
Corrupt Bidders
Jordan commit to exploring ways of sharing information on corrupt bidders across borders
Inactive
Other commitments being tracked Theme
Focus Issue
Summit Commitment
Status
Anti-Money Laundering
Anti-Money Laundering
Jordan will work together with other countries to share information between respective public-private partnerships to ensure the most effective response to international money laundering.
Inactive
Innovation
Innovation Hub
Jordan commit to participating in an Innovation Hub that will facilitate the uptake of new approaches and technologies to tackle corruption.
Ongoing
International AntiCorruption Architecture
UNCAC Implementation
Jordan will work with others countries, civil society, international organisations to support accelerated implementation of the voluntary provisions of the UN Convention Against Corruption.
Inactive
OECD
OECD
Jordan supports the establishment of an OECD Anti-corruption centre to strengthen the impact and coherence of the OECD existing anti-corruption work.
Inactive
Private Sector
Professional Services
Jordan commit to reviewing penalties and other action against professional enablers of tax evasion, including for corporations that fail to prevent their employees from facilitating tax evasion.
Ongoing
Sports
Integrity in Sport
Jordan will join the International Sport Integrity Partnership.
Inactive
Transparency International UK 24
KENYA Theme
Focus Issue
Summit Commitment
Status
Ongoing
Asset Recovery
Accountable Repatriation
Kenya commits to strengthening her asset recovery legislation and to strengthening capacities to undertake civil assets recovery. Kenya supports the development of internationally-endorsed guidelines for the transparent and accountable management of returned stolen assets
Beneficial Ownership
Access to Domestic Law Enforcement
Kenya commits to ensuring that international and domestic law enforcement agencies have full and effective access to beneficial ownership information for companies and other legal entities registered within their jurisdiction
Ongoing
Beneficial Ownership
Access to International Law Enforcement
Kenya commits to ensuring that international and domestic law enforcement agencies have full and effective access to beneficial ownership information for companies and other legal entities registered within their jurisdiction
No Data
Beneficial Ownership
Property and Public Contracting
Kenya welcomes the establishment of transparent central registers of foreign and local companies bidding on public contracts and buying property, and will pursue options for taking similar action
Ongoing
Beneficial Ownership
Public Register
Kenya will take measures in line with her new Companies regulatory framework to establish public central registers of company beneficial ownership information
Ongoing
Law Enforcement
International Anti-Corruption Coordination Centre
Kenya offers to host the African Anti-Corruption Law Enforcement Coordination Centre
Inactive
Law Enforcement
International Anti-Corruption Coordination Centre
Kenya supports the setting up of international mechanisms, to facilitate better coordination of anti-corruption law enforcement efforts and welcomes the establishment of an International AntiCorruption Law Enforcement Coordination Centre and will work closely and cooperate with it and relevant international organizations
Inactive
Public Procurement
Debarment Database
Kenya commits to establishing accessible central databases of companies and individuals convicted of bribery and corrupt practices and to exploring ways of sharing information on corrupt bidders across borders
No Data
25 Advocacy in Action: The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments
MEXICO Theme
Focus Issue
Asset Recovery
Asset Recovery Guidelines
We commit to develop internationally-endorsed guidelines for the transparent and accountable administration of returned assets
No Data
Asset Recovery
Compensation
We will develop common principles governing the payment of compensations by corruption offenders to the countries affected, ensuring that such payments are made safely, fairly and in a transparent manner
No Data
Beneficial Ownership
Access to Domestic Law Enforcement
We commit to promote that law enforcement agencies at the national/ federal level, have full and effective access to beneficial ownership information for companies and other legal entities registered within their jurisdiction
Ongoing
Beneficial Ownership
Central Register
We commit to exploring interoperability of different databases regarding public contracts information and business registries
Ongoing
Beneficial Ownership
Property
We will take steps to ensure transparency of the ownership and control of all companies involved in property purchase and public contracting
Ongoing
Open Data
Open Data Charter
We commit to implement the International Open Data Charter and explore its Anti-Corruption Sector Package as a useful tool to promote greater coherence and collaboration among open data initiatives at a global scale
Ongoing
Open Data
Data Literacy
We commit to promote a data-driven culture in the public sector
Ongoing
Open Data
Data Literacy
We commit to promote coherent use of digital technologies across policy areas and levels of government in the fight against corruption
Ongoing
Open Data
G20 Open Data Principles
We commit to the implementation of the G20 Anti-Corruption Open Data Principles, the identification of best practices related to the use of Open Data to fight corruption and to the continuous work around Open Data in the G20 Anti-Corruption Working Group and its Action Plans
No Data
Public Procurement
Open Contracting Data Standard
We will work towards the implementation of the Open Contracting Data Standard on public procurement starting with major infrastructure projects as an early priority, including the new Mexico City International Airport, in accordance to Mexican regulations
Ongoing
Public Procurement
Transparency and Integrity
We will include the Principles for Integrity in Public Procurement into our national standard procedure
Complete
Open Contracting
As a founding member of the Contracting 5 (C5), we support the implementation of Open Contracting as an effective monitoring tool to promote accountability and increase transparency worldwide by releasing structured, interoperable and reusable data around procurement's whole lifecycle, including planning, tendering, award, implementation and evaluation stages
Ongoing
Public Procurement
Summit Commitment
Status
Transparency International UK 26
Public Procurement
Debarment Database
We commit to establishing accessible databases of companies with final convictions
Ongoing
Public Procurement
Open Contracting
We will propose reforms to the federal regulatory framework related to public procurement in responsibility of the executive in order to promote the principles of Open Contracting to include the planning and execution stages
Inactive
Public Procurement
Open Contracting in Health
Recognizing the financial, economic and developmental importance of health and pharmaceutical procurement, we commit to explore the implementation open contracting in this sector, according to our national legislation, and with the support from international partners in implementing this commitment
No Data
NEW ZEALAND Theme
Focus Issue
Summit Commitment
Status
Beneficial Ownership
Access to International Law Enforcement
New Zealand will also continue to implement bilateral arrangements that will ensure law enforcement in one partner country has full and effective access to the beneficial ownership information of companies incorporated in the other partner country
Underway
Beneficial Ownership
Public Register
New Zealand commits to exploring the establishment of a public central register of company beneficial ownership information
Ongoing
Law Enforcement
International AntiCorruption Coordination Centre
New Zealand will support the proposal to establish an International Anti-Corruption Law Enforcement Coordination Centre (‘IACCC’) by nominating a representative to the IACCC
Complete
Public Procurement
Debarment Database
New Zealand will explore establishing an accessible and central database of companies with final convictions for bribery and corruption offences, and ways of sharing information on corrupt bidders across borders
Complete
Public Procurement
Transparency and Integrity
New Zealand will continue and intensify efforts to develop procurement capability, including initiatives that safeguard integrity in the procurement process
Underway
27 Advocacy in Action: The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments
NIGERIA Theme
Focus Issue
Asset Recovery
Asset Recovery Guidelines
We commit to developing internationally endorsed guidelines for the transparent and accountable management of returned stolen assets
Underway
Asset Recovery
Legislation
We commit to the strengthening of our asset recovery legislation, including through non-conviction based confiscation powers and the introduction of unexplained wealth orders
Inactive
Beneficial Ownership
Automatic Exchange of Information
We commit to joining the pilot initiative for automatic exchange of beneficial information
Underway
Beneficial Ownership
Public Register
Nigeria is committed to establishing a public central register of company beneficial ownership information. (The President of Nigeria has presented a draft Money Laundering Prevention and Prohibition Bill to the National Assembly in February, 2016. This Bill has defined Beneficial Ownership in line with FATF standards)
Ongoing
Beneficial Ownership
Property
Nigeria will establish a transparent central register of foreign companies bidding on public contracts and buying property
No Data
Beneficial Ownership
Access to International Law Enforcement
We are committed to implementing bilateral arrangements that will ensure law enforcement in one partner country has full and effective access to the beneficial ownership information of companies incorporated in the other partner country
Ongoing
Beneficial Ownership
Property
We are taking steps to ensure transparency of the ownership and control of all companies involved in property purchase and public contracting. Nigeria is already collating this information through the Extractive Industry Initiative process and would extend it to other sectors
Underway
Law Enforcement
International Anti-Corruption Coordination Centre
We support the establishment of an International Anti-Corruption Coordination Center [sic] to be managed by National Crimes [sic] Agency, UK. We will work with NCA in promoting this centre in the African region
Inactive
Public Procurement
Open Contracting in Health
We will apply the Open Contracting Data Standard to the following major projects – Building of Health Centers [sic] and Improvement of Health Services
Complete
Open Contracting Data Standard
We will work towards full implementation of the principles of the Open Contracting Data Standard, focusing on major projects as an early priority. We will apply the Open Contracting Data Standard to the following major projects – (i) Development of Refineries in the oil Sector; (ii) Building of Health Centers [sic] and Improvement of Health Services; (iii) Building of Roads and other Infrastructures; (iv) Building of Schools and Improving Transparency in the Management of Education Funds and (v) Investment in the Power Sector
Complete
Public Procurement
Summit Commitment
Status
Transparency International UK 28
RUSSIA Theme
Focus Issue
Asset Recovery
Accountable Repatriation
We will ensure availability of national competent authority for detection, seizure and return of corrupt assets from foreign jurisdictions
Ongoing
Asset Recovery
Accountable Repatriation
We will extend the use of international cooperation mechanisms for detection, seizure and return of corrupt assets from foreign jurisdictions
No Data
Beneficial Ownership
Access to Domestic Law Enforcement
We commit to ensuring that national law enforcement agencies and financial intelligence unit have full and effective access to beneficial ownership information for companies and other legal entities registered within their jurisdiction
No Data
Beneficial Ownership
Access to International Law Enforcement
We commit to implement bilateral arrangements that will ensure law enforcement and financial intelligence units in one partner country has full and effective access to the beneficial ownership information of companies incorporated in the other partner country
No Data
Beneficial Ownership
Public Contracting
We will take steps to ensure transparency of the beneficial ownership of all companies involved in public contracting.
Ongoing
Open Data
Open Data Charter
We will implement the principles of the Open Data Charter
Ongoing
Summit Commitment
Status
Other commitments being tracked Theme
Focus Issue
Sports
Integrity in Sport
Summit Commitment We will continue developing integrity principles in sport.
Status Ongoing
29 Advocacy in Action: The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments
SOUTH KOREA Theme
Focus Issue
Summit Commitment
Status
Asset Recovery
Legislation
We commit to strengthen our asset recovery legislation, and support a broader use of regional asset recovery practitioners’ network, such as ARIN-AP which Korea holds a role of Secretariat
Beneficial Ownership
Access to Domestic Law Enforcement
We commit to employ all available means to meet the FATF standards on beneficial ownership that may include law enforcement agencies have full and effective access to beneficial ownership information for companies and other legal entities
Ongoing
Public Procurement
Transparency and Integrity
We, with the Online E-Procurement System we have developed, commit to ensure transparency in public procurement
Ongoing
Protecting Whistleblowers
We commit to provide adequate protection to those who report corruption by strictly applying the ‘Act on anticorruption and the Establishment and Operation of the Anti-Corruption and Civil Rights Commission’ and the ‘Act on the Protection of Public Interest Whistleblowers’
Ongoing
Whistleblower/ Civil Society Space Protection
Ongoing12
SPAIN Theme
Focus Issue
Asset Recovery
Accountable Repatriation
Since last May 6, a central database of bank accounts is fully operational in Spain. Notwithstanding this significant improvement, Spain will continue its commitment to developing adequate tools to strengthen the ability to trace and recover stolen assets
Complete
Asset Recovery
Asset Recovery Guidelines
Spain supports the development of internationally-endorsed guidelines for the transparent and accountable management of returned stolen assets
Complete
Asset Recovery
Global Asset Recovery Forum
Spain is willing to participate in the Global Forum for Asset Recovery
Complete
Asset Recovery
Legislation
Spain commits to strictly enforce its asset recovery legislation, including through non-conviction based confiscation, extended confiscation and confiscation from a third party
Complete
Summit Commitment
14 The latest data available on the status of this commitment is from May 2019. 15 The latest data available on the status of Spain’s commitments is from October 2018.
Status13
Transparency International UK 30
Asset Recovery
Training and Assistance
Spain commits to fully develop the functions for which the Asset Recovery and Management Office was created so it becomes a pillar in the fight against crime
Complete
Beneficial Ownership
Access to Domestic Law Enforcement
Spain will continue its commitment to ensuring that financial intelligence unit, law enforcement agencies and tax agency have full and effective access to beneficial ownership information for companies and other legal entities registered in Spain
Complete
Beneficial Ownership
Access to International Law Enforcement
Spain is committed to ensure Spanish law enforcement authorities share the beneficial ownership information available in the Spanish central database with counterparts in third countries. We call other countries to follow an equivalent commitment in terms of sharing beneficial ownership information
Complete
Beneficial Ownership
Automatic Exchange of Information
As one of the signatories of the G5 initiative, Spain is fully committed in the development of the pilot initiative for automatic exchange of beneficial ownership information
Complete
Beneficial Ownership
Central Register
The Spanish land registry and registry of movable assets centralize all the information regarding the owners of the land, real estate or movable assets irrespective of the citizenship of the acquiring person. The combined use of this tool and the information available concerning the beneficial ownership information of every company buying one of these properties have proved to be a very useful tool. Spain welcomes the establishment of transparent central registers of foreign companies bidding on public contracts and buying property
Complete
Beneficial Ownership
Central Register
Spain will continue its commitment to achieve the highest level of transparency, currently guaranteed by the Spanish central register of company beneficial ownership information
Complete
Beneficial Ownership
Property & Public Contracting
Spain will take steps to ensure transparency of the ownership and control of all companies involved in property purchase and public contracting
Complete
Law Enforcement
International AntiCorruption Coordination Centre
Spain welcomes the UK initiative to establish an independent International Anti-Corruption Coordination Centre (IACCC) and expresses its willingness to collaborate with this Centre, as well as the readiness of the Spanish law enforcement bodies to keep fighting grand corruption and boosting international cooperation
Underway
Law Enforcement
Legislation
Spain commits to implement the robust provisions of the Penal Code in the fight against corruption
Ongoing
Public Procurement
Corrupt Bidders
Spain commits to exploring ways of sharing information on corrupt bidders across borders
Complete
Public Procurement
Transparency and Integrity
Spain will continue to promote maximum transparency in public procurement procedures, only limited by due respect to confidentiality obligations deriving from EU Law (in particular, relevant EU Directives)
Complete
Public Procurement
Transparency and Integrity
Spain will set up a governance scheme aimed at detecting noncompliance or problems of systemic character within the public procurement procedures. Results of this activity of surveillance and supervision will be properly disclosed
Complete
31 Advocacy in Action: The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments
SRI LANKA Theme
Focus Issue
Summit Commitment
Status
Asset Recovery
International Cooperation
We will prioritise prosecutions of grand corruption and of money laundering and recovery of stolen assets
Ongoing
Whistleblower/ Civil Society Space Protection
Protecting Whistleblowers
We will establish a proactive program of victims and witness protection
Ongoing
Other commitments being tracked Theme
Focus Issue
Summit Commitment
Status
International AntiCorruption Architecture
UNCAC Implementation
We will take measures to bring legal and administrative framework in line with UNCAC
Ongoing
Transparency International UK 32
SWITZERLAND Theme
Focus Issue
Asset Recovery
Asset Recovery Guidelines
We commit to engaging in the development of internationallyendorsed guidelines for the efficient recovery of stolen assets
Complete
Asset Recovery
Asset Recovery Guidelines
We commit to engaging in the development of internationally endorsed guidelines for the transparent and accountable management of returned stolen assets
Complete
Legislation
We commit to strengthen asset recovery legislation, including through administrative freezes and non-conviction based confiscation powers
Complete
Compensation
We will engage in the development of common principles governing the payment of compensation to the countries affected, to ensure that such payments are made safely, fairly and in a transparent manner
Ongoing
Beneficial Ownership
Access to Domestic Law Enforcement
We commit to ensuring that law enforcement agencies have full, timely and effective access to beneficial ownership information for companies and other legal persons registered within our jurisdiction, particularly by ensuring that companies are represented by an administrator or director domiciled in Switzerland
Complete
Beneficial Ownership
Access to International Law Enforcement
We commit to the effective international exchange between law enforcement authorities of beneficial ownership information of companies and other legal persons and arrangements on a caseby-case basis.
Complete
Beneficial Ownership
Information collection, sharing, availability
We commit to fully implementing the FATF standards on transparency and beneficial ownership of legal persons and arrangements and have taken legislative measures to this effect which entered into force on 1 January 2016
Underway
Law Enforcement
International Anti-Corruption Coordination Centre
We will actively participate in efforts to establish a new International Anti-Corruption Coordination Centre to complement and help draw together existing structures with a view to streamlining and focusing international cooperation in cases of grand corruption with international dimensions
Complete
Public Procurement
Corrupt Bidders
We commit to exploring ways of sharing information on corrupt bidders across borders
Ongoing
Public Procurement
Debarment Database
We commit to exploring ways of establishing central databases of companies with final convictions
Underway
Asset Recovery
Asset Recovery
Summit Commitment
Status
33 Advocacy in Action: The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments
TRINIDAD & TOBAGO Theme
Focus Issue
Summit Commitment
Status
Asset Recovery
International Cooperation
Trinidad and Tobago will work together with our international partners to enforce confiscation orders across borders. We support global and regional asset recovery networks being developed to obtain legal and investigative assistance in tracing and freezing the proceeds of corruption.
Beneficial Ownership
Access to International Law Enforcement
Trinidad and Tobago is open to implementing bilateral arrangements that will ensure law enforcement in Trinidad and Tobago have full and effective access to the beneficial ownership information of companies incorporated in other countries who are willing to share such information with us
Ongoing
Beneficial Ownership
Information collection, sharing, availability
Trinidad and Tobago is prepared to provide full and effective access to the beneficial ownership information of companies incorporated in Trinidad and Tobago to other partner countries.
Ongoing
Law Enforcement
International Anti-Corruption Coordination Centre
Trinidad and Tobago welcomes the proposal of an International Anti-Corruption Law Enforcement Coordination Centre.
Inactive
Law Enforcement
Prosecution
Trinidad and Tobago is committed to the prosecution of those who have participated in corrupt acts, particularly acts that offend, and were directed at, the public purse.
Ongoing
Public Procurement
Corrupt Bidders
We are committed to debarring corrupt contractors from participating in our public procurement tenders;
Underway
Complete
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UNITED KINGDOM Theme
Summit Commitment
Status
Legislation
The UK is consulting on stronger asset recovery legislation, including non-conviction based confiscation powers and the introduction of unexplained wealth orders
Complete
Asset Recovery
Global Asset Recovery Forum
The UK will work with others to establish a Global Forum for Asset Recovery and will provide resources to support it. We will co-host the inaugural meeting of the Global Forum with the United States of America in 2017, focusing on Nigeria, Ukraine, Tunisia and Sri Lanka
Complete
Beneficial Ownership
Public Register
The UK’s public central register of company beneficial ownership information for all companies incorporated in the UK will be launched in June 2016
Complete
Beneficial Ownership
Property
The UK will also establish a public register of company beneficial ownership information for foreign companies who already own or buy property in the UK
Overdue
Beneficial Ownership
Public Contracting
Establish a public register of company beneficial ownership information for foreign companies who bid on UK central government contracts
Overdue
Law Enforcement
International Anti-Corruption Coordination Centre
The UK will work with others to establish an International Anti-Corruption Coordination Centre and will provide people and resources to support it
Complete
Public Procurement
Open Contracting Data Standard
The UK Crown Commercial Service will implement the Open Contracting Data Standard by October 2016. The UK is trialling the principles of this Standard in High Speed Two (HS2). The UK will join the new Contracting 5 group to promote open contracting globally
Complete
Public Procurement
Corrupt Bidders
The UK will introduce a conviction check process to prevent corrupt bidders with relevant convictions from winning public contracts, and is committed to exploring ways of sharing such information across borders
Ongoing
Whistleblower/ Civil Society Space Protection
Protecting Whistleblowers
The UK is committed to providing effective protections for whistleblowers and made recent legislative changes to make the system more transparent. The UK will review the effectiveness of these changes
Inactive
Asset Recovery
Focus Issue
35 Advocacy in Action: The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments
UKRAINE Theme
Focus Issue
Summit Commitment
Status
Asset Recovery
Global Asset Recovery Forum
To support victims, take further steps to improve asset recovery legislation, in particular implementing EU Directive 2014/42, operationalise the National Agency for Detection, Tracing and Management of Proceeds of Corruption and Other Crimes in 2017 and participate with others in the International Asset Recovery Forum 2017
Asset Recovery
Legislation
Improve asset recovery legislation, in particular implementing EU Directive 2014/42
Ongoing
Beneficial Ownership
Information collection, sharing, availability
Putting in place mechanisms to verify the accuracy of the Beneficial Ownership information provided by companies and enforce compliance with the obligation to submit this information by June of 2017
Ongoing
Beneficial Ownership
Access to International Law Enforcement
Committing to implement bilateral agreements that provide full and effective access for law enforcement agencies and financial intelligence units of a partner country to information on the final beneficiaries of the companies registered in the territory of another partner country
No Data
Beneficial Ownership
Public Contracting
Punish corruption by preventing corrupt bidders and those who seek to hide their beneficial owners from accessing public contracts and procurement by establishing accessible central databases and address ways of sharing information on corrupt bidders across borders
Ongoing
Law Enforcement
International AntiCorruption Coordination Centre
Welcoming to establish [sic] an International Anti-Corruption Law Enforcement Coordination Centre and expressing willingness to cooperate with it
Inactive
Public Procurement
Open Contracting
Protecting against and exposing misuse of public funds by continuing to make public procurement via e-platforms open by default to all, and sharing experiences by participating with Mexico and others in an international ‘Contracting Group’
Ongoing
Complete
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ANNEX 2 - ORGANISATIONS MONITORING COMMITMENTS Afghanistan
Integrity Watch Afghanistan
Australia
Transparency International Australia
Brazil
Transparency International Brazil
Bulgaria
Transparency International Bulgaria
France
Transparency International France
Georgia
Transparency International Georgia
Ghana
Ghana Integrity Initiative
Indonesia
Transparency International Indonesia
Jordan
Rasheed
Kenya
Transparency International Kenya
Mexico
Transparencia Mexicana
Nigeria
Civil Society Legislative Advocacy Centre
South Korea
Transparency International Korea
Russia
Transparency International Russia
South Africa
Corruption Watch
Spain
Transparency International EspaĂąa
Sri Lanka
Transparency International Sri Lanka
Switzerland
Transparency International Switzerland
Trinidad and Tobago
Trinidad and Tobago Transparency Initiative
United Kingdom
Transparency International UK
Ukraine
Transparency International Ukraine
37 Advocacy in Action: The impact of advocating for the implementation of the 2016 Anti-Corruption Summit Commitments
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