November 4, 2009 Chisinau, Moldova
On November 4, 2009, Transparency International – Moldova organised the conference under the generic „Monitoring anti-corruption policies in the Republic of Moldova”, with the participation of representatives of international organisations, public institutions and authorities, civil society and mass-media.
The main objectives of the conference were to raise awareness on the results of anti-corruption policies implementation in the Republic of Moldova and to enhance the monitoring efforts to increase the efficiency of anti-corruption policies.
The participants in the conference mentioned that the anti-corruption activity is a priority field, in which many measures with the participation of the public institutions and civil society were undertaken in the recent years. Thus, a series of normative acts aimed at regulating various anti-corruption policies were elaborated and adopted: The Law on Prevention and Fighting Corruption, Law on Conduct Code of the Civil Servant, Law on Conflict of Interests, Law on Transparency in the Decision Making Process, Law on Public Function, and Status of the Public Office-Holder, Law on Political Parties. Efforts were made to accomplish the anti-corruption strategies and plans, particularly, the National Strategy on prevention and fighting corruption and the Action Plan for 2007-2009, the Country Threshold Program of the Millennium Challenges Corporation, money laundering and funding terrorism in the Republic of Moldova (MOLICO), with the support of the European Commission and of the Council of Europe. In line with the above mentioned actions, the monitoring process of the implementation of anti-corruption policies started in such domains as access to information, funding political parties, transparency and accountability in public finance, integrity in education, conflict of interests, functioning of the claiming systems (petitions system), quality of the public hot-lines, implementation of judiciary system principles and of the juridical instruments (normative framework), etc.
While appreciating the efforts made, the participants in the conference expressed their concern on the poor implementation of certain anti-corruption measures, so that overall the anti-corruption measures did not have a sufficient impact on curbing corruption in the country. In this context the conference revealed multiple shortages and imperfections in the legislation, which derives from non-considering the international norms and practices in the field, low efficiency in the activity of various public institutions and structures entitled to supervise the anti-corruption policies, obstacles in the monitoring activity of the civil society etc. Closer monitoring may improve the quality of the implementation of anti-corruption policies in the Republic of Moldova.
The participants of the conference revealed a series of problems and drawbacks specific to the activity of all the actors involved in the implementation and monitoring anti-corruption policies:
Civil society:
- low monitoring capacity, low professionalism;
- insufficient monitoring experience;
- political partisanship and engagement;
- missing unity/cohesion when defending a value;
- preconceived attitude in appreciating certain actions of the public institutions;
- lack of independence, objectiveness;
- Insufficient standards in terms of ethics and integrity;
- low collaboration with mass-media;
- ignorance towards different opinions.
Public institutions:
- limited access to information;
- reticence to monitoring actions by civil society;
- taking no attitude towards proposals of the monitors;
- self-justification versus the critics on behalf of the civil society;
- providing no information on the measures undertaken resulting from the monitoring;
- lack of transparency in decision-making process;
- predilections when „selecting” of monitors;
- conflicts of interests within monitoring entities;
- perfunctory examination of the civil society requests, submission of superficial answers;
- absence of prompt reactions in the activity of hot lines;
- support in creation of NGOs affiliated to the governance (GONGs);
- political engagement.
International / donors’ organisations
- insufficient transparency on technical and financial assistance projects (channeling and valorification of funds, adoption of budgets);
- excessive tutelage of monitors (requiring to coordinate the monitoring reports, in some cases even of press releases);
- lack of attitude, in some cases, towards the alternative opinion of the civil society;
- non-verification, in some cases, of the national reports (of the Government) on the spot (in the country).
Proceeding from the mentioned above, the Conference considers that only an on-going monitoring, in a correct, objective and impartial manner, can contribute to efficient implementation of the anti-corruption policies and, as a result, to diminishing corruption level. In order to achieve this objective, the Conference suggests adopting the Chart of Principles of Anti-corruption Policies Monitoring.
Chart on Principles of Monitoring the Implementation of Anti-corruption Policies
Monitoring the implementation of anti-corruption policies needs to meet the following characteristics:
- to be systematic in order to improve the quality of the decision making process;
- to be analytical to support optimal allocation of recourses;
- to be based on well determined and relevant indicators, benchmarks, to consider the outcome with a view to increase the accountability and responsibility.
Main principles of monitoring:
- objectiveness;
- independence and impartiality;
- political non-engagement;
- integrity;
- transparency;
- correctness;
- constructivism, subordination to a certain purpose/orientation to reaching the results;
- respect of implementation deadlines;
- treatment of conflict of interests;
- usage of quantitative and qualitative indicators.
Requirements towards actors involved in the monitoring process
All the sides involved in the implementation of anti-corruption policies, monitoring the process and providing funds need to combine their efforts by ensuring the following measures:
Civil society:
- strengthening monitoring capacities;
- raising transparency;
- running audits of activity reports;
- ensuring objectiveness and impartiality;
- being independent;
- collaborating with mass-media;
- treating conflicts of interests situations;
- elaborating proposals resulting from the monitoring process, advocating for them;
- using others’ experience and learning lessons from one’s own experience.
Public institutions:
- ensuring access to information and raising decision-making transparency;
- displaying openness for collaboration with civil society;
- assigning contact persons for the monitors;
- inviting monitors for working public events organized by the institutions;
- examining monitor’s proposals and assigning persons in charge for proposals’ implementation;
- proving public information on the measures implemented.
International organizations/donors:
- conditionalising foreign assistance (loans, grants) on the effective implementation of anti-corruption policies;
- supporting public institutions in the implementation of anti-corruption policies;
- supporting the dialogue between public institutions and civil society;
- ensuring transparency in foreign assistance;
- stipulating anti-corruption clauses in contracts on technical assistance, with the public institutions and monitors, related to ethics, integrity, inadmissibility of political affiliation, improper usage of funds, conflict of interests and protectionism;
- raising the monitoring capacities of the civil society;
- avoiding practices of excessive guardianship of monitors;
- supporting and promoting the practices of inclusion, in the national monitoring reports, of the civil society opinion;
- verifying the national reports (of the Government) on the spot (in the country).
Conference participants consider that applying the Chart on Principles of Monitoring the Implementation of Anti-corruption Policies will increase the quality and efficiency of the respective policies, of the monitoring process, thus, in will contribute to the consolidation of democracy in the Republic of Moldova.
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