ROYAL GOVERNMENT OF BHUTAN

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ROYAL GOVERNMENT OF BHUTAN
ANTI-CORRUPTION COMMISSION
Leadership, Institutions, Systems Social
Responsibility key to Good Governance and Good
Governance, key to curbing corruption
Presentation to the WORKSHOP review OF
ANTI- CORRUPTION STRATEGY PARTNERSHIP
OWNERSHIP 20-21 AUGUST 2007
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• Landlocked Himalayan kingdom, between China
  India
• Land area, 38,394 sq.km (72 forest cover)
• Population (2005) - 552,996
• Predominantly Buddhist an agrarian society with
  79 rural population

• Never colonized
• Ending self-imposed isolation with start of
  development plans in early 1960s steady
  administrative political evolution from 1950s
  to Parliamentary Democracy in 2008
• Per capita GDP (2005) US 1,321
• Life expectancy (2000) 66 years (47.5 years in
  1985)
• Literacy rate (2005) 59 (23 in 1985)
• Primary health coverage 90 (50 in 1985)

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National Vision
Harmonious, just, peaceful, prosperous and happy
nation
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Gross National Happiness- Development Philosophy
of Bhutan

• His Majesty the 4th King, Jigme Singye Wangchuk
  -author.
• An attempt to define peoples well being in more
  holistic and psychological term than hard
  economics.
• Attempt to quantify well being and happiness.
• Middle path approach in which spiritual and
  material pursuits are balanced.

• Sustainable and equitable socio-economic
  development
• Conservation of environment
• Preservation and promotion of culture
• Promotion of Good Governance

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• Although Bhutan had been once effectively
  brought under the beneficent influence of
• strict law and justice, it subsequently, on
  account of general corruption and laxity on the
• part of those in authority, became slack in all
  branches. If this should be allowed to
• continue, there would be no distinction between
  right and wrong, no justice and
• without justice human beings cannot have
  happiness and peace.

Zhabdrung Ngawang Namgyal (17th Century)
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RGOBs ANTI-CORRUPTION POLICY

• GNH places people at the centre stage.
• Democracy vests sovereign power in the people
  1950s
• Good governance has been the cornerstone of the
  governments development policies.
• Transparency, accountability, efficiency,
  effectiveness professionalism, hall marks of
  good governance, are the much announced policies
  of the government
• Anti-corruption measures have been generally
  addressed through the good governance policies.

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Chronology of events since 1950s (GG)

• 1953 Establishment of the National Assembly
  (NA)
• 1959 Thrimshungchenmo passed by the NA
• 1961 Establishment of an Accounts Audit
  Committee
• (16th NA)
• 1963 Establishment of the Royal Advisory
  Council
• 1968 Establishment of the Cabinet
• 1968 Judiciary separated from the executive
  with the
• establishment of High Court
• 1969 Establishment of district courts

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CONTD

• 1970 Four Royal Auditors appointed by His
  Majesty (31st NA session)
• 1970 Establishment of an independent Royal
  Court
• of Vigilance
• 1970 Promulgation of Gross National Happiness
  as
• Bhutans development philosophy
• 1981 Establishment of Dzongkhag Yargay
• Tshogchung (DYT)
• 1984 Royal Advisory Council revitalized for
  greater
• effectiveness

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Contd

• 1985 Royal Audit Department restructured as
  an
• autonomous body renamed Royal Audit
  Authority
• 1991 Establishment of Geog Yargay Tshogchung
  (GYT)
• 1998 Devolution of executive power to the
  elected
• council of Ministers
• 1999Good Governance Initiative (enhancement of
  
• efficiency, transparency, accountability)
  launched.
• 1999 Royal consent to the silver jubilee
  celebration of
• HMs enthronement granted only on condition
  that the
• occasion amongst others enhanced greater
  public awareness
• of ill effects of corruption before it became
  deep rooted.

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CONTD

• 2000 Establishment of Department of Legal
  Affairs (now
• OAG)
• 2000 Establishment of Internal Audit Units in
  the ministries
• 2004 Establishment of Public Accounts Committee
  of NA
• 2004 Bhutan signed UN Convention Against
  Corruption
• 2005 GG launched corruption featured as a
  discrete
• national agenda
• 2005 Royal Decree issued to establish an ACC
• 2006 ACC established
• 2006 Audit ACC Acts passed by 85th NA session
• 2006 Establishment of 2 private newspapers

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RBOB POLICY 9TH PLAN (CHAPTER 5 )

• Process rules driven management paradigm with
  an emphasis on hierarchical decision-making
  control will have to give way to a decentralized
  result oriented system based principles that
  centre of entrepreneurial dynamism competition.
  
• Well defined services better coordination of
  the range of services through one-stop counter
  wherever possible will be explored.. make
  services provision more accountable to customers.
• Central importance of building new leadership not
  only for service organizations but the overall
  governance will be a priority in the 9th Plan
• Public service that is characterized by
  responsiveness public accountability
• Public accountability will form an integral
  component of performance management system.
• It will be the RGOBs endeavour to promote
  governance that is characterized by effective a
  high level of trust confidence from the people.

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HIGHLIGHTS OF GG (SOME ANTICORRUPTION MEASURES)

• MoF to inventorize all government assets ( 72)
• MoIC to establish a high level body to coordinate
  e-governance ( 88)
• MoWHS (CDB) to work out systems to root out
  corruption in construction ( 98)
• Review the compulsory labour contribution ( 112)
• All agencies to strengthen organize information
  base ensure accuracy of information ( 120)
• Agencies/RCSC to institute training programs for
  frontline staff to promote customer relationship
  ( 134)
• Agencies/RCSC to publicize values ethics (
  136)

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CONTD

• Agencies MoF to strengthen IAUs and identify as
  the focal person in creating an anti-corruption
  coalition ( 193)
• Agencies to develop specific action plan to
  address the risks of corrupt practices including
  proper ME system ( 195 196)
• Agencies/RCSC to institute systems of taking
  prompt and severe action on corrupt practice (
  198)
• Leaders should be role models, should ensure that
  their actions more than comply with the
  organization and societal code of conduct
  ethics and strive to be accountable objective,
  examining their decisions for consistency,
  compliance, etc. ( 202 203)
• Agencies to develop ways to ensure accessibility
  to laws, forms and information ( 215)
• A government wide procurement system should be
  developed and implemented throughout government
  agencies ( 216)

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Anti-Corruption Commission- Established on 4th
January 2006 through a Royal Decree as per the
draft Constitution

• With the rapid pace of economic development in
  our country there have been changes in the
  thinking of the people with the influence of
  self-interest leading to corrupt practices taking
  place in both the government and the private
  sector. If appropriate steps are not taken now to
  stop this trend, it will lead to very serious
  problems in the future, for both the government
  and the people, in our country with a very small
  population. In this regard, it is the
  responsibility of every Bhutanese to act against
  corruption in our country.
• At a time when we are establishing parliamentary
  democracy in the country, it is very important to
  curb and root out corruption from the very
  beginning. Therefore, it is imperative to
  establish the Office of the Anti-Corruption
  Commission before the adoption of the
  Constitution and build a strong foundation for
  the Commission to effectively carry out its
  functions and responsibilities.
• The Chairperson of the Anti-Corruption
  Commission is authorized to carry out
  investigations on any person in Bhutan,
  regardless of status or position, in the course
  of discharging her important responsibilities.

.. Druk Gyalpo the 4th King Jigme Singye
Wangchuk on 31st December, 2005
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Anti-Corruption Commission
To be the conscience of the nation.
To build an in-corruptible society that upholds
the values of Right View, Right Intention, Right
Speech,Right Action, Right Livelihood, Right
Effort, Right Mindfulness and Right Reflection.
Mission
Leadership, teamwork, public trust confidence,
integrity, loyalty, humility, fearlessness,
commitment, impartiality, professionalism,
expediency, creativity, tenacity of purpose and
result-driven.
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ANTI-CORRUPTION COMMISSION
Structure
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• Status of ACC

• Independence
• Legal Independence By law ACC is an
• independent organization established with
• the provisions of the constitution (Chapter
  2, Clause 3 of AC ACT 2006)
• Financial Independence ACCs budget is
• approved by the parliament as a part of
• annual national budget (Chapter 2 , Clause 8
  of AC ACT 2006)
• Operational Independence ACC enjoys
  organizational and functional independence
  including programming, investigation and
  reporting (Chapter 2 , Clause 5 of AC ACT 2006)
• Administrative independence ACC has authority to
  determine and administer its organizational
  structure, budgetary and
• personnel requirement (Chapter 2 , Clause 6
  of AC ACT 2006)

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• Accountability

• Stringent code of conduct and ethics governs the
  
• performance of the commission and its staff.
  
• Violation of the code by the Chair person will be
  ground for impeachment
• AC Act requires the Commission to submit an
  annual
• report to the His Majesty, Prime Minister and
  the
• parliament.
• Assets declaration
• Annual Auditing by the RAA.

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• Maintain the highest standard of integrity,
  honesty, selflessness and fairness.
• Act in accordance with law.
• Conduct duties without fear or favor, prejudice
  or ill will, avoiding all forms of
  discriminations.
• Display professional excellence.
• Maintain highest degree of confidentiality.
• Exercise courtesy and restraint in words and
  action.
• Declare all conflicts of interests.
• Take no undue advantage of ones authority and
  position.
• Be accountable for ones actions and
  instructions.
• Receive no gift or favor.

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ORGANIZATIONAL CULTURE

• ACC has to be a strong, credible and a dynamic
  institution that enjoys public trust and
  confidence.
• ACCs first priority has been to establish a
  strong institution with a cadre of high caliber
  professionals with high standards of integrity,
  right organizational ethos and dynamic systems of
  operation through promotion of spirit of mutual
  co-operation and confidence between agencies and
  the ACC public and the ACC.
• ACC draws its ethos from the spirit of the Royal
  Decree.

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ACCS ACT - Anti-Corruption Act passed by
National Assembly in July 2006
Act Application
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ANTI-CORRUPTION POLICY GUIDELINES

• Anti-corruption policy must address the needs
  and
• expectations of all strata of society,
  particularly the helpless
• poor and the socially disadvantaged, who are
  the ultimate
• victims of corruption.
• It calls for a multi-frontal action involving
  citizens, public
• and private agencies, media, NGOs and civil
  societies. Good
• governance, service delivery and
  anti-corruption measures
• are mutually reinforcing and engage everyone
  in a
• partnership role
• The policy also has to pay special attention to
  prosecution
• and the judiciary.
• Investigation no matter, how effective, is
  pointless if it does not result in
• effective prosecution and adjudication. A
  strong and credible judiciary
• makes a strong ACC.

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National Anti-Corruption Strategy- National
anticorruption strategy an action plan provide
a platform for concerted anti-corruption efforts
an optimization of limited resources.
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NATIONAL ANTI-CORRUPTION STRATEGY

• Strategy 1 Public education Advocacy
• Public education and advocacy is a continuous
  process.

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Fighting corruption is a SHARED responsibility.
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ANTI-CORRUPTION STRATEGY (CONTD)

• Strategy 1 Public education Advocacy (Contd)
• Laws and rules cannot govern every aspects of
  persons life. Therefore, the role of the
  individual is far more important in deciding
  whether Bhutan will be a country that embraces
  the values of integrity and honesty or one that
  accepts corruption and dishonesty. It is not
  enough to be honest there is no subsitute to
  living by a simple rule, I will not be corrupt
  and I will not tolerate corruption in others.
• - 5th king

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Contd

• An informed and vigilant citizenry and public
  servants.
• Curbing corruption is about changing attitude,
  changing negative habits and behavior the most
  sustainable anti-corruption strategy.
• A public culture that does not accept corruption
  as a way of life has to be cultivated through
  sensitization and public awareness on various
  forms of corruption, grave consequences of
  inaction and importantly citizens role in
  fighting corruption.
• Medium - Media, youth, local leaders, monastic
  body, etc.

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STRATEGY (CONTD)

• Strategy 2 Prevention
• A. Systems Review
• Reducing red tape over regulation, improving
  service standards public grievance re-dressals,
  local governance, conflicts of interests,
  application of ICT, coordination, etc.
• B. Asset Declaration
• Disclosure of income, assets and liabilities by
  public servants.
• In-house capacity development of the Asset
  Administrator in
• the agencies and the OACC.
• C. Corruption Perception Survey

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ANTI-CORRUPTION STRATEGY (CONTD)
Strategy 3 Partnership
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ANTI-CORRUPTION STRATEGY (CONTD)

• Buidling a network of anti-corruption champions
• International partners- CBI, ADB-OECD, CPIB,
  MACA, UNDP, DANIDA, SDC Dutch.
• KICAC.

Strategy 4 Capacity Development of ACC Allies

• Training, seminar, workshop, study tours, etc
  both In-country and
• Ex-country

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ANTI-CORRUPTION STRATEGY (CONTD)

• Strategy 5 Investigation
• Enforce AC Act stringently through timely and
  result-oriented investigation
• Investigation to target
• corruption prone areas,
• significant few rather than trivial many, high
  impact approach focusing on large-scale
  entrenched corruption (however, this may be
  tempered by the nature of complaints)
• service delivery that adversely affects the
  common people due to corruption

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COMPLAINTS

• Guiding Principles
• Besides the Code of Conduct, the following
  broad principles govern the OACC in managing the
  complaints
• Value every complaint
• Members of the Complaints Management Committee
  (CMC), investigation team and complaint registrar
  should announce any conflict of interest before
  registration/review of complaints and enquiry or
  investigation of a case
• Respond promptly to walk-in complainants
• Conduct discreet enquiries of all pursuable
  complaints before investigation
• No time limitation on complaints that bear
  national and public interest
• Uniform application of law
• Speedy action
• Highlight any systemic flaws during review of
  complaints and investigation and
• Conform to the operational manual.
• (any complaint against anybody in ACC, immediate
  action setting the example)

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Diagrammatic procedure for lodging a complaint
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COMPLAINTS MANAGEMENT

• Complaints related to corruption registered by a
  Complaint Registrar
• Complaints management committee reviews
  complaints every week
• Commission apprised on a monthly basis (recent
  amendment).
• Complaints are reviewed based on pursuability
  factor.
• Some complaints are consolidated and shared with
  agencies
• Some are pursued through the RAA
• Importantly, the reviews also highlight system
  weaknesses, which the office shares with agencies
  and follows up on important issues

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CHALLENGES
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Challenges (Contd)

• Nature of the work itself
• Changing the culture of tolerance, attitude
  behavior
• Operating in an environment of entrenched
  territorialism
• Professional development to perform against the
  backdrop of expectations
• Cutting through social power safety nets
  small society syndrome
• Bringing on board all citizens

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Challenges (Contd)

• ACC as an infant and a new institution recognizes
  the potential risk of its well-intentioned
  efforts of cooperation being misperceived as
  interference and undermining authority.
• ACC being blamed for the inherent inefficiency
  and attitude of public servants.
• Potential risk of complainants abusing it for
  his/her vested or malicious intent or
  transferring the legal burden to the OACC with
  convenient tones of corruption.
• To sustain to do better with regard to Bhutans
  Rank (32nd ) in the TIs Corruption Perception
  Index

ACC can only be as effective as the government
the public want it to be.
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OPPORTUNITIES

• 5th Druk Gyalpos strong drive for excellence,
  meritocracy and honesty provides the national
  platform for concerted action.
• Bhutan is a small Buddhist country with
  correspondingly small bureaucracy and private
  sector.
• Corruption level still manageable.
• Great reforms underway.

These offer great opportunities to all of us to
make a difference in our own small and simple
ways.
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THE TEST IS IN THE SINCERITY OF PURPOSE ACTION

• Our Kings have set the tone of good governance.
  Our leaders must
• lead by example. They have to walk the talk,
  otherwise, they
• lose the moral authority to lead.
• You will not say that you love your country
• people you will prove it in action in your
  deeds above all, you will not say that Bhutan
  is a great country because we have the philosophy
  of GNH but you will show how it is put to use
  5th King

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National prosperity hinges on quality of
governance governance on quality
leadership!!! Lead by Example
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WHAT CAN I/WE DO?
ARE WE SERIOUS ABOUT FIGHTING CORRUPTION ?
CAN I MAKE A DIFFFERENC?
Reflection
WHAT HAVE I/WE DONE?
WHAT CAN WE DO TOGETHER?
IS ACC MAKING NOISE ABOUT NOTHING?
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• KADINCHE TASHI DE LEK