Tuesday, September 7, 2021

Local CSOs Need to Be Part of the UNCAC Process in their Nations

 CLCT Integrity Fiji (National Contact for Transparency International)

On September 3rd, CLCT Integrity Fiji organized a workshop on the United National Convention Against Corruption. Our meeting in Suva City Fiji coincided with governmental anti-corruption experts from around the world who met in Vienna starting on Sep 6 (and virtually) as three subsidiary bodies of the UNCAC Conference of States Parties to discuss UNCAC implementation, asset recovery, and international cooperation. 

While CSO observers are not invited to participate in these bodies’ proceedings, country delegates have been receptive to constructive suggestions on how governments should move forward on implementing the anti-corruption commitments they agreed to in June 2021 at the UN General Assembly Special Session against corruption and through the Political Declaration it adopted.

NGOs in Vienna received their annual briefing on UNCAC implementation from UNODC on Sep 7. This was an unusual (very rarely happens) opportunity for civil society to formally engage with the UNCAC Secretariat and with interested States who attended the meeting on how to advance the implementation of the UNCAC jointly.

The Vienna meeting discussed concrete next steps to prevent and combat grand corruption ahead of the 9th Session of the Conference of States Parties to the UNCAC in December 2021

MOOC Anti-Corruption Course

CLCT Integrity Fiji’s discussions of UNCAC follows the successful Massive Open Online Course (MOOC) on Ethics and Anti-Corruption in Oceania that was offered on Jan 15, 2021. This was a collaborative effort between the Fiji National University (FNU) and CLCT Integrity Fiji. The course attracted 1,400 participants from Fiji and Pacific nations. Its main aim was to raise awareness on transparency and good governance under the provisions of UNCAC.

FNU’s Acting Vice-Chancellor, Dr William May, highlighted that corruption is a serious crime that remains a key obstacle to the development of a nation. “The development funds that should be dedicated to vital education and health care are diverted into the hands of public officials and this impact’s the government’s ability to deliver basic services, causing greater inequality and poverty, if not managed well,” Dr May said.

The free MOOC anti-corruption course is aligned to the Government’s ratified commitments under the United Nations Convention against Corruption (UNCAC) and also aligned to the push against corruption in Fiji, the Pacific and globally under Transparency International’s policy commitments to Agenda 21’s SDG 16.

 Specifics of CLCT Integrity Fiji Wksp

At the UNCAC Workshop Samu Walosio and Grace Konrote who presented on Chapter 2 : Preventive Measures noted the provisions of Article 13. Participation of society in curbing corruption. It also enables CSOs to work with the Fiji Independent Commission Against Corruption (FICAC) in supporting the corruption complaints mechanism to enable the public to report corruption incidents.

Article 13 highlighted the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations, in the prevention of and the fight against corruption and to raise public awareness regarding the existence, causes and gravity of and the threat posed by corruption. It is appreciated that FICAC had been very supportive of the MOOC Anti Corruption Online Free course offered through the Fiji National University

In Chapter III looking at “Criminalization and law enforcement”, Shalom Tehillatti and Maria Yavala noted that Article 33 looks specifically at the Protection of reporting persons

Each State Party shall consider incorporating into its domestic legal system appropriate measures to provide protection against any unjustified treatment for any person who reports in good faith and on reasonable grounds to the competent authorities any facts concerning offences established in accordance with this Convention

There is often a disjoint between what is written in our laws about the protection of whistleblowers and the actual practice of enforcing it. This is an area that needs to be strengthened.

CLCT Integrity Fiji will work closely with FICAC, Government agencies, corporate bodies and civil society to advocate on transparency, accountability and anti-corruption messages and interventions under the provisions of UNCAC.

Here are some papers from the UNCAC Civil Society Coalition that will be of great interest.

https://uncaccoalition.org/12th-irg-submission-advancing-uncac-implementation/

https://www.unodc.org/unodc/en/corruption/IRG/session12-first-resumed.html

https://uncaccoalition.org/12th-irg-submission-advancing-the-implementation-of-commitments/

https://uncaccoalition.org/recognizing-victims-of-corruption/

https://uncaccoalition.org/12th-irg-submission-tackling-corruption-related-to-environmental-crimes/

The UNCAC Coalition is the global civil society network for the implementation and monitoring of the United Nations Convention against Corruption (UNCAC)

Do you have relevant news or a success story linked to the UNCAC that you would like to feature in the next newsletter? Send an email with the subject line "Newsletter" at info@uncaccoalition.org

Pacific Models in Small Island Nations Integrity Assessments

 Professor Unaisi Nabobo-Baba, Laisa Tifere, Mosese Natuilagilagi, Sereima Takiveikata, Joseph Veramu (College of Humanities and Education, Fiji National University & CLCT INTEGRITY FIJI)

Introduction

The traditional National Integrity System (NIS) assessment used by Transparency International evaluates key ‘pillars’ in a country’s governance system, such as the judiciary, public sector, media, both in terms of their internal corruption risks and their contribution, as integrity systems, to preventing and fighting corruption in society. The rationale for this approach is that strengthening the National Integrity System promotes better governance across all aspects of a society and contributes to a more just nation.

Small and relatively isolated nations present challenges when applying an NIS assessment model, with all its pillars. For example, in small island nations, government functions are often integrated and centralised. Many nations do not have a fully functioning mainstream media, for example.

In Pacific Island States, there is often a disjoint between how well the pillar concepts fit with local culture. Cultural institutions, for example, especially in Melanesian and Polynesian nations, have a strong influence on ethical practice, such as the Fa’amatai in Samoa or the Fijian Chiefly system.

Transparency International New Zealand faced this challenge when trying to incorporate the Treaty of Waitangi and tikanga within the integrity systems in New Zealand.

CLCT Integrity Fiji and the College of Humanities & Education of the Fiji National University notes that traditional governance systems in the Fijian culture runs as a parallel system to the Westminster national governance system. Integrating variables from the traditional integrity system in the assessment tools will provide a more realistic picture of the NIS situation.

The CHE / FNU academics have provided these discussion notes under the following NIS assessment strategies.

1.1 Design of Pacific small nation NIS assessment should be flexible enough to ensure that the concept and approach best captures governance and integrity elements unique to the nations. This could include social and cultural integrity frameworks, social values and governance institutions.

 There is a strong Christian dimension that intertwines Fijian and Pacific cultural ethos. This dimension, together with culture, predicates how islanders ‘read’ the world and engage with notions of integrity and good governance. “Integrity is the glue that holds our way of life together. We must constantly strive to keep our integrity intact. When wealth is lost, nothing is lost; when health is lost, something is lost; when character is lost, all is lost” Billy Graham.

Design and development of the NIS: The factors that are driving the assessment of NIS has to be from and of the people. We cannot assume that the people in the Pacific perceive the world in the same way as the people in the Metropolitan nations; they are different, they have their own cultures (Lafitau, pp1712 to 1717).

The indigenous people of the Pacific need to tell their stories. They need to articulate how the “integrity” concept is defined, implemented and assessed.  (Tuhiwai-Smith, 2012, pp 2) and (Vaai, 2017 pp18). They have their own views and ideas as a group of people with distinct languages, cultures, traditions and worldviews to share. However, the composition of their narratives was usually interpreted through non-Pacific cultural lenses (Vaai, 2017 pp 18, Smith, 2012, pp 2).

Pacific islanders also have their own set of values, skills and attitude that are being transmitted from one generation to another; this ensures the continuity of their society and along with it their history, value system and view of the universe. Baba, T. L., (1986).

The integrity assessment tools should be predicated on cultural variables that are “socially situated and demands the placing of the owner of the knowledge at the center. (This) knowledge system and its ethos, should be the basis of enquiry and understanding” (Nabobo- Baba, U. 2008).

1.2 NIS assessments should take close account of the country context. This may mean accounting for such things as relative progress for emerging democracies, size elements that affect centralisation and linkages between integrity elements.

1.3 Small nations’ NIS assessments need to include contextual vulnerabilities that can impact upon integrity resilience, such as environmental degradation; disaster risk, regional power dynamics; aid dependencies’ economic shocks, stubborn poverty and inequity; distance; digital poverty and variable literacy.

Baba stressed the need to understand the critical factors of ‘islandness’ which is the key to developing a theoretical framework that is crucial to guiding their development. Baba, T. L., (1986). To ensure that the NIS assessment accurately measures Pacific integrity systems, its objectives (of the assessment tools) should be understood by the people for which it was designed.

Given the pervasive influence of Colonial structures in our national integrity pillars, it is often the case that the cultural governance system exists as a parallel system with modern day Western pillars. In Pacific nations, the laws that govern the integrity pillars are written in legal English that most citizens do not understand. While national policy writers reference these laws when writing reports of how their nations are complying with various UN Conventions and Protocols (that Pacific nations are signatory to) the bulk of the people get by on their traditional integrity systems which is usually based on oral traditions!

Assessment should take cognizance of how traditional and the Westminster systems can complement each other and contribute to traditional integrity systems enriching the pillars that are to be measured.

A key issue raised by Baba that could be an underlining factor is the differences in the focus. Through their Faith, the people are concerned with the total change of their society based on Christian principles. This communal approach is quite different from the national integrity pillars that emphasize the individual’s role in complying with national laws.

While national integrity pillars, ensure citizens compliance through deterrent legal safeguards, the traditional system ensures integrity compliance through appealing to how anti-social behavior affects the society holistically. Risk management strategies, where the extended family and clan become social ‘policemen’, ensures that islanders adhere to societal standards of integrity.

The National Integrity System (as a construct of Government) focuses on the socio-economic wellbeing of the nation.

The traditional integrity system concentrates on the citizen as a holistic part of the extended family, clan and nation. When these multifaceted variables are taken into account, it will enable a more accurate assessment of the integrity pillars.

In a multicultural nation like Fiji which has gone through five coups, the democratic system is illiberal. If the NIS assessment tools are predicated strictly on liberal democracy, then the scores will be very low (when compared to advanced democracies like Germany or the US.)

One of the aims of the NISA is for nations to improve their integrity systems. It becomes self-defeating if the NISA is predicated on an advanced liberal democracy integrity system (rather than an emerging developing nation democratic system). It becomes an exercise in futility since we would already know the assessment scores at the outset!

These discussions on liberal and illiberal democracy point to the need for NIS assessment tools to be predicated on risk management rather than a purely compliance framework in its variables.

1.4 NIS assessments are more effective as advocacy tools when they encompass: • Clarity on the current state of corruption risk and integrity elements; • Consideration of the relative impact and importance of values driven outcomes and compliance driven outcomes; • Clarity in the scope (e.g. all sectors of society or public sector lead focus) • Closer focus on areas of higher risk/lower integrity; • Strategic engagement with key stakeholders throughout the NIS process; • Recommendations that are measurable and impactful, targeted and achievable; • Sustained advocacy on the recommendations; • Sustained monitoring, with key stakeholders, of progress against recommendations. 

1.5 A core element of any NISA for Pacific nations needs to be the interplay between public awareness and expectation, and the effectiveness of the institutions of integrity.

1.6 Any regional NIS assessment would benefit from having natural synchronicity with local and national reforms; regional and collective reforms and reforms needed to impact on forces/factors which affect the region but are external to it.

The notion of “thinking globally, acting locally”  in the context of integrity means that the people in their respective traditional communities are guided by their communal values of sharing and caring.

According to Mahina, (2018) we can look into the past, identify what worked then, contextualise it and use it for our betterment in the future.

Culture changes and can be integrated with the best of our Colonial heritage and other enduring values resulting from our globalized existence.

The important message is that traditional knowledge and governance strategies have evolved to become a dynamic system. It has stood the test of time and space. It must act as a beacon guiding people as they navigate the present and future (Mahina, 2018).

1.7 NIS assessments would benefit from integrated planning of impact objectives, and an evaluation framework that takes into account the various impact dimensions.

According to Nabobo-Baba one cannot and should not work with the indigenous people who make up more than 60% of the population without taking into account the: language, indigenous knowledge protocols, philosophies and their life principles (Nabobo-Baba, U. 2008).

The assessment tools should follow that framing by not measuring the current national integrity pillars as something intrinsic in itself. The tools should also assess the traditional and Western based integrity systems in a holistic manner. The integrity pillars assess the national governance system to ensure that it functions in a democratically dynamic way to benefit its citizens. The citizens using their traditional ethos engage with Government through their extended family and clan communal lens. This will ensure that the national integrity system encased in the Constitution and legal documents becomes a living functioning tool for promoting integrity. (The current situation is that these laws governing integrity pillars are written in legalistic English which the bulk of citizens cannot comprehend since they communicate mainly in their vernacular languages.)

Pacific regionalism and integrity systems

Through the Fiji National University which has students from various Pacific nations (and other local and regional Universities) research leading to publications can be undertaken on national integrity systems. Studies can also be undertaken on best practices in various island nations. This initiative can promote regionalism in enabling best practices to be adapted.

Reference

Baba, T. L., (1986) ‘Education in Small Island States of the Pacific: The search for alternatives’, in Equity and Diversity: Challenges for Educational Administrations, Record of proceedings of the sixth International Intervisitation Programme in Educational Administration (Ed Edwards, W. L.) August, 1986, Massey University, Palmerston North. Pp 79 – 84.

Mahina, H. O. (2018). Philosophying Past, Present and Future. Paper presented at the Inaugural Pacific Philosophy Conference (2018). Suva, Fiji.

Nabobo- Baba, U. (2008). Decolonising Framings in Pacific Research: Indigenous Fijian Vanua Research Framework as an Organic Response. University of the South Pacific, Suva, Fiji. Vol. 4, Iss. 2. pp. 140-154

Smith, L. T (2012) Decolonizing Methodologies: Research and Indigenous Peoples. Second Edition. Zed Books Ltd, The Foundry, 17 Oval Way, London SE115RR, UK.

Vaai, U. L (2017). Relational Hermeneutics: Decolonising the Mindset and the Pacific Itulagi. University of the South Pacific Press. Suva. Fiji. pp 17-4

 

 

Green Skills for Youth: Towards a Sustainable World of Integrity

Matereti Sarasau Sukanaivalu 1 Timothy 4:12 “ Let no man despise thy youth ; but be thou an example of the believers, in word , in conversa...