INDIVIDUAL
ASSIGNMENT
Feliciano
Ximenes – Timor-Leste Anti-Corruption Commission
Postgraduate in Corruption Studies
Purpose
This paper aims to provide an
overview and a study of corruption situations in Timor-Leste Anti-corruption commission.
Content
1.
Corruption opportunities in
the organization;
2.
Analyse the causes of such
corruption opportunities
3.
The effectiveness of the
Anti-Corruption measures adopted by the organization;
4.
Recommendations for the
improvement.
Summary
Corruptions in organization are shaped by the
lack of strength of the control mechanisms of staff. Opportunity to engage in corrupt
activities because of a lack of good control on the organization itself. Each organization is responsible for trying to develop an organizational behavior that reflects honesty and ethics communicated in
writing and can be used as a
handle by all employees. The culture must have root and have noble values
that the basis for the ethical management of an organization
or an
entity.
CAC is still too young, still a lot of shortcomings that must be
addressed. even though we all know that corruption is not something foreign to
us, but for the CAC is something very new, Timor-Leste anti-corruption
commission has not yet experts who are specialists in the area of corruption,
many drawback that must be repaired slowly. This article will share some light
on the opportunity for corruption in this commission or organization, it does
not mean that everything on the contents of this paper to explain that there
has been, however, only likely to occur and describes some solutions and
recommendations that can answer these problems if later problems occurs in the
future.
Introduction
Timor Leste have a good political will to prevene,
combate and against corruption since 1999. In 2000,
UNTAET established an agency of government to control and audit the misuse of
government administration and finances. The first government of Timor-Leste created the Inspesaun
Jerál (IGE) with those same responsibilities. Law No. 7, 2004, Article 23 PDHJ
(Ombudsman of Human Right and Justice) with the mission to: oversee good
government; promote human rights and combat and prevent corruption.
Following enactment of the Law on
the Anti-Corruption Commission, (Law No. 8, 2009), Parliament elected the
first Commissioner of the Anti-Corruption Commission (Comissão Anti-Corrupção -
CAC) in February 2010. By December 2010, CAC had recruited staff to functional
capacity. The responsibilities and functions of PDHJ regarding anti-corruption
were extended to CAC in 2010.
CAC is a legal entity governed by public law; CAC has technical
independence and administrative and financial authority. The Commission
undertakes preventive and criminal investigation actions against corruption in
any of its forms: embezzlement, abuse of power, trafficking of influence and
financial participation in public affairs, as defined by penal legislation.
Corruption
Is the abuse of entrusted power for private gain. It hurts everyone who depends on
the integrity of people in a position of authority.[1]
- Corruption opportunities in Timor Leste Anti-Corrution Commision
There are some of the
opportunities for corruption that
can occur in
an anti-corruption commission of Timor-Leste.
Leaking
confidential information by staff.Theft of confidential information by visitors.
Misuse of resource or organization resources.
Fraude in administraton and finacial.
Nepotism in recruitment.
Fraudulent time shit travel claim.
Fraud in procurament.
Invoice fraud
- Analyze the causes of such corruption opportunities
The following are some of the causes that
can lead to corruption
in an anti-corruption commission.
a. Leaking confidential
information by staff
Leaks are often made by employees of an organization who
happened to have access to interesting information but who is not officially
authorized to disclose it to the press. They may believe that doing so is in
the public interest due to the need for speedy publication, because it
otherwise would not have been able to be made public, or simply as
self-promotion, to elevate the leaker as a person of importance. Leaks can be
intentional or unintentional.[2]
major threat to an institution if the confidential information released to the public, This all happened because of the absence of an induction system and have a guaranteed good wages for employees who work for part of the investigation and prevention. On the other hand, the confidential information could come out because of the bribery of a convicted or suspected of involvement in the corruption case. Whereby we know that, most of the suspects are wealthy
people who have
everything.
b.
Theft
of confidential information by visitors
According to the Timor-Leste penal law 2008 art. 72 about secret justice, accordance with the penal law, the suspect did not put these regulations in place. On the other hand, the
commission also established
cooperation with the university students to assist in field survey
conducted by
the commission. Those students
involved in the survey often come into the room and the employees freely access the information, of these
problems can cause major
problems with the release of confidential information to the commission due to lack of access restrictions between university
students and employees
themselves. Another problem is that there are computers that are distributed to employees, often used by other people such as family and friends, of this problem, others can access freely to the confidential documents.
c.
Misuse
of resource or organization resources
Misuse of state goods is often found on a commission, goods or equipment is distributed to state employees can be abuse by the employees themselves. Sometimes, cars are distributed to facilitate the employees, instead used for personal gain. Sometimes, an employee who receives goods the country also use the goods do not conform to the regulations that have been enacted. Sometimes, the state received the goods, even used by others such as friends and family.
d.
Fraude
in administraton and financial
“Maladministration” means acts and omissions outside the powers conferred,
made on the basis of irrelevant considerations, mistake of facts and
law or lack of due process, and which disrupt or
undermine the effective and proper functioning of the Public Administration;[3]
Administration and finance is the most important part in an organization. Administration and finance who worked as the
financial controller and management
of an organization. Mistake in taking
the decision could have a major
impact for the
organization, all of this could happen if the existence of a personal interest that could be detrimental to the organization itself. On the other
hand, administrative and financial and work
directly related
to money, it can bring opportunities
to commit
criminal acts because
of administrative and
financial corruption involved directly with money, the risk exists
because there
is nothing to
control the administration and finance. Another issue that is in administration
and finance area is
too broad and
stout staff under
the control of a centralized administration.
As we know, the anti-corruption commission Timor-Leste
consists of the administration of sub-directors of
human resources, procurement, logistics,
IT, public relations, receptionist, media and
finance. Because it is too large, it is
difficult to do a good control, it can lead
to abuses and opportunities for corruption as part of
administration and finance
have a direct connection
with money and
decision-making on the part of the tender.
e.
Nepotism in
recruitment
Definition of nepotism in recruitment is Practice
of appointing relatives and friends in one's organization
to positions
for which outsiders might be better qualified.
Despite its negative connotations, nepotism (if applied
sensibly) is an important and positive practice in the start-up
and formative years of a firm where complete trust
and willingness to work
hard (for little or no immediate reward)
are critical for its survival.[4]
East Timor is a small country where almost all the residents know each other, job vacancy very limited and very selective in general; prospective employees who come to work in general are looking for people who know each other, those who came to the job is a friend, a family, this can lead to Conflict of
interest and the evaluation team did not have the Declaration of Conflict of
interest.
Evaluation team should make a declaration of Conflict of interest, in the absence of a declaration of conflict of interest it is very susceptible to the occurrence of nepotism. Another factor that can lead to nepotism in the recruitment of staff is a team that did not happen the turn of the evaluation, they just continued.
f.
Fraudulent
time shit travel claim
CAC Timor-Leste is
an anti-corruption commission was the youngest in the
world today. Knowledge society
against corruption is very small, it is necessary to disseminate to explain
the meaning of the graft. In
addition, CAC Timor-Leste also often
outreach to communities in the interior, outside the city to explain about
what is being done by the CAC itself. In addition
to the CAC also
monitors government projects
managed by the private sector, monitoring and
socialization are often performed outside the town,
and therefore all staff receives a per
diem for each way. Of this problem, it could provide an opportunity for manipulation or fraud
journey or could
have the staff to commit fraud on the
duration of their trip. This problem often
led to the perception among staff and the community. Another possibility that
could happen is
that the staff did not do the job
out of town and just
aiming to get the per diem was or could have the
staff take to the roads, but not according to time
tables and plans already exist, they are only a
few days out of town and home is not in
accordance with the planned
schedule.
g.
Fraud
in procurament
Ministerial procurement
is part of the
administrative department; the tender
process is worth fewer
than 1 billion. tender process conducted by the ministerial procurament very
important because it needs to purchase the necessary office in every day.
Types of Procurement Fraud
There
are many ways that procurement fraud can be committed but the main types are:
Bid rigging/bid splitting;Creation of shell companies to facilitate fraudulent payments;
Collusion between suppliers;
Purchase order and contract variation orders;
Unjustified single source awards;
False invoices for products and services for suppliers who do not exist.[5]
From the above problems, fraud or errors frequently occur and actors of these issues are itself procurement staff. Almost every year procurement often tender process for the procurement of goods for the needs of the office. As we know, this country is very small; all the society knows each other, difficult to control the conflict of interest, can also occur collaboration between private sector and procurement staff themselves. Another problem that often occurs in the tender process is a single-source, staff procurement designate the winning
bidder directly without
going through a
tender process is legally based on rules and
laws.
The risk of
the emergence of corruption as well as the evaluation team to conduct the
evaluation of the public sector is always the same. Procurement cycle
Timor-Leste also has weaknesses that could be exploited by competitors to win a
tender process. Lack of knowledge about procurement also one of the drawbacks
of this commission which has the human resources are very limited and lack of
human resources experts in areas such as procurement.
Common corruption risk
- offering contract to friends and relatives (nepotism)
- assisting in the preparation of tenders
- leaking confidential information including prices quoted other competitors
- preparation of tender with specifications for materials only available from the offeror
- showing favour to the offering offeror in the tender assessment exercise
Other Associated risk
- acceptance of delivery of sub - standard goods
- acceptance of delivery of sub - standard service
- acceptance of less quantity of goods
- failing to report under performance and substandard good delivered
- over - rating contractor's performance
h.
Invoice fraud
Invoice fraud often occurs in the cash purchase
of an item, every purchase of cash still using a manual system that is easy on
the trace. Because the possibility of fraud is also a very large invoice.
Invoice fraud often occurs in every program run by the commission; of course it
requires substantial funds, any purchase of items needed in the program to use
the money in cash, so that the invoice is still manual, so it can happen the
possibility for corruption. Another thing that often happens on the
invoice fraud is money
allocated for operational monitoring team, often duplicated proof of
purchase, so that when the report for the financial section also fraud proof of purchase of goods, this can be done by all members of the monitoring team, due to a lack of internal controls better.
- The effectiveness of the Anti-Corruption measures adopted by the organization;
Positif
and negatif effectiveness of the Anti-Corruption measures.
a. Positif effectiveness
·
Have a good political will to
prevene and combate corruption.
·
Independent Commision, CAC
has technical independence and administrative and financial authority. The
Commission undertakes preventive and criminal investigation actions against
corruption in any of its forms: embezzlement, abuse of power, trafficking of
influence and financial participation in public affairs, as defined by penal
legislation.
·
Have a good Enforcement
capability to all staff.
b. Negatif effectiveness
·
Don’t establish the right man on the right place.
·
Bed coordination between
prevention and investigation.
·
Don’t have a declaration of
conflict of interest.
·
Lack of good internal control.
·
Unhealthy competition among staff and
lack of human
resource on this commission,
only 68 officials include cleaner, driver, national and international advisors,
commissioner and deputy commissioner.
·
Have a
difference in salaries between staff.
·
Lack of
support from the
specialist experts in the area of corruption.
- Recommendations for the improvement.
The
following are
some recommendations
that can be used to solve the existing
problems in
the Timor-Leste
anti-corruption commission.
·
There is need a code of
conduct which explains in detail about the
limitations of
work for all employees.
·
There is need
limitations of
space between the visitor and the
commission's own officer by providing design space that does not provide access for visitors to access to the staff room.
·
Hire
information security and management controls.
·
Improve
internal systems about confidential information leaking and keep a regular
check on the outflow of confidential information from the commission.
·
Change
passwords after the departure of any employees who have had access to sensitive
information.
·
Improve the
sufficient salary for all staff.
·
Improve for internal controls for all goods used by state officials to prevent abuse.
·
The need for restriction of access to state goods distributed to all staff.
·
There needs
to be regulations
about Conflict of
interest.
·
Must
declare any conflict of interest.
·
Capacity
building to all staff about the integrity and how to manage the conflict of
interest.
·
There is
need internal audit to audit the administration and finance.
·
There needs
to control for staff who do work outside the cities or in different places by giving control
devices used on vehicles and perform
cross checks directly to work closely
with the
destination administration by the staff.
·
Rotation the staff that work in
procurement and have a good internal controls for part of procurement staff who deal with the tender
process and handle the tender process.
Reference
Corruption Assessment:
Timor-Leste
chapter12
Procurement Fraud Paul
Guile
http://www.transparency.org
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