[TEXT: Young African Leaders Initiative: Online Training Series]
Hello, my name is Jessica Tillipman and this is “Institutionalizing Transparency & Good Governance.” [TEXT: Jessica Tillipman, Assistant Dean, The George Washington University Law School]
[TEXT: Responsible Leadership on Transparency & Good Governance: Institutionalizing Transparency and Good Governance]
In this lesson, we will discuss the different types of institutional frameworks [TEXT: Learning Objectives]
and how each is used to fight corruption and promote good governance. [TEXT: What are the five types of institutional frameworks that are necessary to achieve good governance?]
[TEXT: How is each institutional framework used to fight corruption and promote good governance?]
The five frameworks that are necessary to achieve this objective are a commitment to transparency, [TEXT: The Five Frameworks: I. Commitment to transparency]
effective governmental structures and oversight, [TEXT: II. Effective governmental structures and oversight]
anti-corruption laws, whistleblower protections, and the freedom of the press. [TEXT: III. Anti-corruption laws, IV. Whistleblower protections, V. Freedom of the press]
[TEXT: The Five Frameworks: Commitment to Transparency]
As United States Supreme Court Justice Louis Brandeis once said: “Sunlight is the best disinfectant.”
Indeed, transparency and good governance go hand in hand. Being transparent means information is [TEXT: Transparency]
available to citizens and enforces a level playing field.
This includes laws requiring information on how a government functions to be made available to the public, [TEXT: To be transparent means to have laws requiring information on how a government functions be made available to the public]
guidance that ensures the timely release of government activities and information, [TEXT: Timely release of government activities and information]
and the use of communication channels [TEXT: Communication channels that will make it easier for citizens to access official information]
that will make it easier for citizens to access official information.
Governments should also make official information available to citizens via all useful channels,
including social media. Access to government budget information is imperative,
and finding out how the government spends taxpayer money is one of the most direct ways citizens can determine their government’s priorities.
Access to budget information also allows citizens to ensure their taxpayer dollars are spent in a way that benefits them.
Similarly, a government’s public procurement process must also be transparent to ensure that government purchases are made in an open and impartial manner.
And this degree of transparency enables citizens to identify potential sources of corruption.
In the United States, elected officials have been forced from office for using taxpayer money to decorate their offices or fund their re-election campaigns.
[TEXT: The Five Frameworks: Effective Government Structures & Oversight]
In addition to transparency, governmental structures and oversight are necessary to prevent and mitigate corruption. [TEXT: Governmental Structures and Oversight]
The executive functions of government should be structured to reduce officials’ ability to alter procedures and operating functions
without due process and the involvement of their citizens and the elected representatives.
Contact between officials and citizens should be limited to open and appropriate venues to eliminate opportunities for corruption.
This means that if someone wants to do business with a particular ministry or office,
there is an objective, clear and well-established process they must follow that is known to all.
To deter or mitigate real or perceived corruption in the executive branch, other institutions in a government must provide stringent oversight.
For example, the executive branch should not be able to independently change laws and regulations.
In many countries, congressional or parliamentary oversight committees routinely investigate
executive-branch activities to ensure compliance with the law and to protect taxpayer money and best interests.
And this information is made available to the public.
A strong judiciary also acts as a critical check on the other branches of government and ensures proper enforcement of the law. [TEXT: Proper Enforcement of the Law]
Judges should be qualified, well-trained and impartial, often with lifetime appointments designed to protect them from political influence or intimidation.
Proper vetting of judges by the legislative branch,
prior to their appointments and throughout their tenures, also serves to root out potential conflicts that could lead to questions about a judge’s commitment to good governance.
Another oversight mechanism is the public audit of government functions. [TEXT: Public Audit of Government Functions]
In the United States, the comptroller general heads the Government Accountability Office, or GAO, an arm of the U.S. legislative branch.
The GAO routinely audits federal government agencies as a safeguard against corruption, inefficiency and waste.
Inspectors general are housed within each executive branch agency and are tasked with identifying [TEXT: Responsibilities Of Inspectors General]
instances of agency fraud, waste and abuse by conducting regular reviews of agency programs [TEXT: Identifyies instances of fraud, waste, and abuse with regular reviews of agency programs]
and contracts, and reporting their findings and recommendations to the U.S. Congress. [Reports their findings and recommendations to U.S. Congress]
In addition, employing a professional, independent and well-compensated civil service also helps to reduce the risks of corruption.
By crafting laws and procedures designed to ensure civil servants are qualified, professional, free from political influence
and receive competitive wages, governments can significantly reduce temptations for corruption.
Moreover, by installing an effective oversight authority, governments are positioned to reward civil servants [TEXT: Effective Oversight Authority]
for strong, ethical performance, while similarly punishing bad behavior.
Although these mechanisms help to reduce corruption risks, strong anti-corruption laws
and enforcement are the foundation of a strong good-governance doctrine.
[TEXT: The Five Frameworks: Anti-Corruption Laws]
First, a government must implement strong anti-corruption criminal laws [TEXT: Jessica Tillipman, Assistant Dean, The George Washington University Law School]
that punish actual impropriety and malfeasance.
For example, Hong Kong established the Independent Commission Against Corruption, or the ICAC, in 1974.
The commission’s independence is guaranteed in law, and the ICAC answers directly to the chief executive.
The commission has adopted a three-pronged strategy, to include effective law enforcement, prevention,
and education on the negative impacts of corruption.
Although strong and well-written anti-corruption laws are critical, they are worthless without effective enforcement. [TEXT: Anti-Corruption Laws Are Critical]
Anti-corruption laws must be actively enforced by well-trained, experienced,
well-resourced, and professional investigators and prosecutors.
The laws must also include strong penalties, including prison time and large fines, to punish corrupt behavior
and deter others from engaging in the same misconduct.
Botswana’s Directorate on Corruption and Economic Crime was created as a law enforcement agency to combat corruption.
The directorate has powers of investigation, arrest, and search and seizure.
Unlike criminal laws, which address actual impropriety, a strong focus on ethics guards against the mere appearance of impropriety.
Ethics laws address conflicts of interest and other ethical pitfalls to ensure [TEXT: Ethics Laws Address Conflicts of Interest]
that government officials always act in the best interests of the country, not in the interest of their bank accounts. [TEXT: Best Interests of the Country]
And they must be applied equally.
[TEXT: The Five Frameworks: Whistleblower Protections]
All strong good-governance regimes must also include ways to encourage and protect whistleblowers. [TEXT: Encourage and Protect Whistleblowers]
Transparency International identifies protection of identity, protection against retribution, and immunity from disciplinary proceedings
and liability under the law as key principles that must be enshrined in law to protect whistleblowers.
This helps to ensure whistleblowers are not punished for their advocacy.
[TEXT: The Five Frameworks: Freedom of the Press]
Finally, a free and open press is critical to good governance. [TEXT: Free and Open Press]
Trained, professional journalists are necessary to expose corruption and guard against the abuse of power.
To do this, it is imperative that the press has access to government officials and the work they do.
The workings of government must be shared with the public through objective actors who can report the news and provide honest analyses.
A free and open press also means that journalists should not be censored, persecuted or subjected to unreasonably restrictive libel laws.
We will look at ways that citizens can work to promote transparency and good governance in another lesson in this course.
After you have completed all the lessons in this course at YALI.state.gov, [TEXT: Test your knowledge YALI.state.gov]
you can test your knowledge and earn a YALI Network Certificate. [TEXT: YALI Network Select Media © AP Images Produced by the U.S. Department of State]