Date: 18/03/2004
Source: Ministry of Public Service and Administration
Title: G Fraser-Moleketi: National Report Back & Consultative Workshop on UN Convention against Corruption
OPENING ADDRESS BY THE CHAIRPERSON OF THE NATIONAL ANTI-CORRUPTION FORUM, MS GERALDINE J FRASER-MOLEKETI, MINISTER FOR THE PUBLIC SERVICE AND ADMINISTRATION AT THE NATIONAL REPORT BACK AND CONSULTATIVE WORKSHOP ON THE UN CONVENTION AGAINST CORRUPTION: CSIR, PRETORIA, 18 March 2004
Honoured guests
Ladies and Gentlemen
Today marks another step along our journey in implementing a comprehensive strategy to fight corruption in our society.
We have come a long way in past years and today this gathering, made up as it is of a wide range of stakeholders, is indicative of the recognition that fighting corruption does not simply lie with government but requires involvement across all sectors of society, and indeed, across national and continental divides.
At the same time, government recognises that it has a special role to play, both as the largest employer in the country, but also using its reach and influence to initiate, facilitate and to legislate.
And I say without hesitation that this government has worked assiduously to address the problem and this work is bearing fruit.
Today there are amongst us representatives of a number of organisations who have not been directly involved in the activities of the National Anti-Corruption Forum, and I think it will be helpful if we just look briefly at the path that has brought us here today.
In March 1997 the ministers responsible for the South African Crime Prevention Strategy formed a programme committee to begin dedicated work on tackling corruption The establishment of the Code of Conduct for the Public Service in 1997, the launch of the National Campaign against Corruption in 1998, and the Public Sector Anti-Corruption Conference in 1998 were significant initiatives as government sought to stem the tide of corruption.
However, the recognition that fighting corruption needs to embrace all sectors of society led to the National Anti-Corruption Summit being convened in April 1999.
This involved not only government leaders, but also included organised business, the faith sector, civil society, donor organisations, organised labour, professional bodies as well as public officials. This summit created a powerful platform for the National Campaign against Corruption, recognising the societal nature of corruption, and the need for a national consensus and coordination of activities.
Out of the resulting cooperation and consultation in the period immediately after the summit, the National Anti-Corruption Forum (NACF) was created in June 199 as the formal mechanism to bring the public sector, business and civil society together to fight corruption throughout our society.
The Public Service Anti-Corruption Strategy, adopted by Cabinet in January 2002, enabled us to implement a comprehensive, integrated and coherent strategy to tackle corruption throughout the Public Service.
But we do not live isolated from the rest of the world. Corruption knows no borders. For us to be effective in fighting corruption, we need to extend and align our efforts across our borders.
The decision of the United Nation's General Assembly to establish a new Convention against Corruption put the international community in the advantageous position of taking stock of workable solutions developed at the multilateral level. This also gave the opportunity to explore, with the benefit of the broadest possible participation, the experience of existing joint efforts that have enabled innovative solutions to emerge and to address new problems such as the transfer of funds of illicit origin and their return.
Prior to the signing of the Convention wide consultation on the South African positions took place within the Anti-corruption co-ordinating Committee and regular feedback was given to the NACF. However, the NACF noted that there was insufficient participation and contribution from the other stakeholders in respect of the negotiation of the United Nations (UN) Convention. It was further underscored that after the signing of the UN Convention against Corruption, a full report will be presented to the NACF, one that will focus on the implications of the provisions of the relevant multilateral agreements and our new legislation, for the various sectors that make up the NACF. As part of the consultative process, this event is designed to offer additional opportunities to NACF members, as well as to other stakeholders, to exchange views about future action against corruption, especially in the context of implementation of the Convention.
In consideration of an implementation plan for the provisions of the UN Convention against Corruption, the compliance requirements of the African Union Convention on Preventing and Combating Corruption and the Southern African Development Community (SADC) Protocol against Corruption must be borne in mind. South Africa adopted the African Union (AU) Convention in July last year at the Heads of State Summit in Mozambique. We have already ratified the SADC Protocol, and are part of a team that is developing a regional anti-corruption programme for Southern Africa.
This meeting will highlight some of the following issues:
* areas where the South African regulatory framework complies with the requirements of the Conventions
* what needs to be done to be on par with such requirements
* how can the various stakeholders contribute to implementing the provisions of the Conventions
* but, most importantly, how can we do this together.
It is this "togetherness" that I would like to explore a little further. We do not need to describe in too much detail the mother that gave birth to the National Anti-corruption Forum. Suffice to say it has grown into a baby that is confidently taking its first steps. Today's meeting is one such step. We have come together in recognition of the fact that the only effective approach to the combat and prevention of corruption is one that is collaborative and involves the active participation of all sectors of society. As such this also affords us an opportunity to assess what we have achieved since the National Anti-corruption Summit of 1999.
From 9 to 11 December 2003, the Government of Mexico held a high level political conference for the purpose of signing the convention in Merida. I signed the Convention on behalf of the Government of South Africa. 95 countries signed the Convention, and one instrument of ratification was deposited on behalf of Kenya at the Conference. Since then, nine other countries have signed the Convention, which will lie open for signing and ratification until December 2005. Cabinet has approved that South Africa commence with preparations to ratify the UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption.
You will be briefed in greater detail as to the provisions of the Convention impact on the different sectors represented today. To touch upon a few:
Of much relevance to the work of the NACF is the opening Article in Chapter II of the Convention. It refers to the development and implementation of preventive anti-corruption policies and practices. Article 12 of the Convention deals with the private sector, and is couched in mandatory terms. In other words, States Parties to the Convention must take measures to prevent corruption in the private sector. Its provisions include enhancing accounting and auditing standards, along with penalties for non-compliance. Article 39 is entitled "co-operation between the national authorities and the private sector". This has particular reference to financial institutions. The provisions also suggest that nationals must be encouraged to report incidents of corruption. Article 13 makes provision for the participation of civil society. They should contribute to public decision-making processes, have effective access to information, and be part of education programmes.
Clearly, the provisions of the Convention only re-affirm our position in recognising the societal nature of corruption, and that the fight against corruption requires a national consensus and co-ordination of activities. South Africa's had a long-standing quest for addressing the scourge of corruption through partnership and co-operation.
Globalisation has brought with it increased interdependence and a wide range of cross-border pullovers, including criminal activities. Our participation in forging agreements such as the SADC Protocol against Corruption and the African Union Convention on Preventing and Combating Corruption is emphasised because they are the stepping-stones to improved international relations. It is also clear that these frameworks reflect political will to change the regional and continental approach to combating and preventing corruption.
In this spirit of co-operation, it is equally important to enlighten other regions of the world about the initiatives being undertaken. From 1 to 3 March 2004, the United Nations Office on Drugs and Crime convened an African Regional Preparatory Meeting in Addis Ababa at the seat of the United Nations Commission for Africa (ECA). The meeting focussed on preparation for the Eleventh United Nations Congress on Crime Prevention and Criminal Justice. The meeting was followed by a two-day seminar from 4 to 5 March 2004 to discuss inter alia, promotion of the ratification process of the UN Convention against Corruption, and the challenges that the countries of Africa face in this regard. The African Regional Preparatory Meeting examined the substantive agenda items and workshop topics of the Eleventh Session from a continental perspective and made action-oriented recommendations. These will be incorporated into a Declaration that will guide the formulation of legislation, policies and programmes in the field of crime prevention, including corruption, at the national and international levels.
Once adopted and ratified by States Parties, the UN Convention will pave the way for a more unified international response to corruption and related offences. The Convention against Corruption will also enhance co-operation among governments and help standardise the way in which individual countries deal with corruption in their national legislation. What is of great importance to us is that we will be able to utilise these standards as a benchmark to reflect South Africa's progress in the fight against corruption.
Whilst recognising the importance of regional and international cooperation and benchmarks, it is for us here today to discuss how we are to translate these instruments into a practical process of implementation of those issues we collectively feel still require attention.
I thank you.
Contact: Julius Mosana
Department of Public Service and Administration
Tel: (012) 314 7382
Fax: (012) 314 7212
Issued by: Ministry of Public Service and Administration
18 March 2004
Source: Ministry of Public Service and Administration
Title: G Fraser-Moleketi: National Report Back & Consultative Workshop on UN Convention against Corruption
OPENING ADDRESS BY THE CHAIRPERSON OF THE NATIONAL ANTI-CORRUPTION FORUM, MS GERALDINE J FRASER-MOLEKETI, MINISTER FOR THE PUBLIC SERVICE AND ADMINISTRATION AT THE NATIONAL REPORT BACK AND CONSULTATIVE WORKSHOP ON THE UN CONVENTION AGAINST CORRUPTION: CSIR, PRETORIA, 18 March 2004
Honoured guests
Ladies and Gentlemen
Today marks another step along our journey in implementing a comprehensive strategy to fight corruption in our society.
We have come a long way in past years and today this gathering, made up as it is of a wide range of stakeholders, is indicative of the recognition that fighting corruption does not simply lie with government but requires involvement across all sectors of society, and indeed, across national and continental divides.
At the same time, government recognises that it has a special role to play, both as the largest employer in the country, but also using its reach and influence to initiate, facilitate and to legislate.
And I say without hesitation that this government has worked assiduously to address the problem and this work is bearing fruit.
Today there are amongst us representatives of a number of organisations who have not been directly involved in the activities of the National Anti-Corruption Forum, and I think it will be helpful if we just look briefly at the path that has brought us here today.
In March 1997 the ministers responsible for the South African Crime Prevention Strategy formed a programme committee to begin dedicated work on tackling corruption The establishment of the Code of Conduct for the Public Service in 1997, the launch of the National Campaign against Corruption in 1998, and the Public Sector Anti-Corruption Conference in 1998 were significant initiatives as government sought to stem the tide of corruption.
However, the recognition that fighting corruption needs to embrace all sectors of society led to the National Anti-Corruption Summit being convened in April 1999.
This involved not only government leaders, but also included organised business, the faith sector, civil society, donor organisations, organised labour, professional bodies as well as public officials. This summit created a powerful platform for the National Campaign against Corruption, recognising the societal nature of corruption, and the need for a national consensus and coordination of activities.
Out of the resulting cooperation and consultation in the period immediately after the summit, the National Anti-Corruption Forum (NACF) was created in June 199 as the formal mechanism to bring the public sector, business and civil society together to fight corruption throughout our society.
The Public Service Anti-Corruption Strategy, adopted by Cabinet in January 2002, enabled us to implement a comprehensive, integrated and coherent strategy to tackle corruption throughout the Public Service.
But we do not live isolated from the rest of the world. Corruption knows no borders. For us to be effective in fighting corruption, we need to extend and align our efforts across our borders.
The decision of the United Nation's General Assembly to establish a new Convention against Corruption put the international community in the advantageous position of taking stock of workable solutions developed at the multilateral level. This also gave the opportunity to explore, with the benefit of the broadest possible participation, the experience of existing joint efforts that have enabled innovative solutions to emerge and to address new problems such as the transfer of funds of illicit origin and their return.
Prior to the signing of the Convention wide consultation on the South African positions took place within the Anti-corruption co-ordinating Committee and regular feedback was given to the NACF. However, the NACF noted that there was insufficient participation and contribution from the other stakeholders in respect of the negotiation of the United Nations (UN) Convention. It was further underscored that after the signing of the UN Convention against Corruption, a full report will be presented to the NACF, one that will focus on the implications of the provisions of the relevant multilateral agreements and our new legislation, for the various sectors that make up the NACF. As part of the consultative process, this event is designed to offer additional opportunities to NACF members, as well as to other stakeholders, to exchange views about future action against corruption, especially in the context of implementation of the Convention.
In consideration of an implementation plan for the provisions of the UN Convention against Corruption, the compliance requirements of the African Union Convention on Preventing and Combating Corruption and the Southern African Development Community (SADC) Protocol against Corruption must be borne in mind. South Africa adopted the African Union (AU) Convention in July last year at the Heads of State Summit in Mozambique. We have already ratified the SADC Protocol, and are part of a team that is developing a regional anti-corruption programme for Southern Africa.
This meeting will highlight some of the following issues:
* areas where the South African regulatory framework complies with the requirements of the Conventions
* what needs to be done to be on par with such requirements
* how can the various stakeholders contribute to implementing the provisions of the Conventions
* but, most importantly, how can we do this together.
It is this "togetherness" that I would like to explore a little further. We do not need to describe in too much detail the mother that gave birth to the National Anti-corruption Forum. Suffice to say it has grown into a baby that is confidently taking its first steps. Today's meeting is one such step. We have come together in recognition of the fact that the only effective approach to the combat and prevention of corruption is one that is collaborative and involves the active participation of all sectors of society. As such this also affords us an opportunity to assess what we have achieved since the National Anti-corruption Summit of 1999.
From 9 to 11 December 2003, the Government of Mexico held a high level political conference for the purpose of signing the convention in Merida. I signed the Convention on behalf of the Government of South Africa. 95 countries signed the Convention, and one instrument of ratification was deposited on behalf of Kenya at the Conference. Since then, nine other countries have signed the Convention, which will lie open for signing and ratification until December 2005. Cabinet has approved that South Africa commence with preparations to ratify the UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption.
You will be briefed in greater detail as to the provisions of the Convention impact on the different sectors represented today. To touch upon a few:
Of much relevance to the work of the NACF is the opening Article in Chapter II of the Convention. It refers to the development and implementation of preventive anti-corruption policies and practices. Article 12 of the Convention deals with the private sector, and is couched in mandatory terms. In other words, States Parties to the Convention must take measures to prevent corruption in the private sector. Its provisions include enhancing accounting and auditing standards, along with penalties for non-compliance. Article 39 is entitled "co-operation between the national authorities and the private sector". This has particular reference to financial institutions. The provisions also suggest that nationals must be encouraged to report incidents of corruption. Article 13 makes provision for the participation of civil society. They should contribute to public decision-making processes, have effective access to information, and be part of education programmes.
Clearly, the provisions of the Convention only re-affirm our position in recognising the societal nature of corruption, and that the fight against corruption requires a national consensus and co-ordination of activities. South Africa's had a long-standing quest for addressing the scourge of corruption through partnership and co-operation.
Globalisation has brought with it increased interdependence and a wide range of cross-border pullovers, including criminal activities. Our participation in forging agreements such as the SADC Protocol against Corruption and the African Union Convention on Preventing and Combating Corruption is emphasised because they are the stepping-stones to improved international relations. It is also clear that these frameworks reflect political will to change the regional and continental approach to combating and preventing corruption.
In this spirit of co-operation, it is equally important to enlighten other regions of the world about the initiatives being undertaken. From 1 to 3 March 2004, the United Nations Office on Drugs and Crime convened an African Regional Preparatory Meeting in Addis Ababa at the seat of the United Nations Commission for Africa (ECA). The meeting focussed on preparation for the Eleventh United Nations Congress on Crime Prevention and Criminal Justice. The meeting was followed by a two-day seminar from 4 to 5 March 2004 to discuss inter alia, promotion of the ratification process of the UN Convention against Corruption, and the challenges that the countries of Africa face in this regard. The African Regional Preparatory Meeting examined the substantive agenda items and workshop topics of the Eleventh Session from a continental perspective and made action-oriented recommendations. These will be incorporated into a Declaration that will guide the formulation of legislation, policies and programmes in the field of crime prevention, including corruption, at the national and international levels.
Once adopted and ratified by States Parties, the UN Convention will pave the way for a more unified international response to corruption and related offences. The Convention against Corruption will also enhance co-operation among governments and help standardise the way in which individual countries deal with corruption in their national legislation. What is of great importance to us is that we will be able to utilise these standards as a benchmark to reflect South Africa's progress in the fight against corruption.
Whilst recognising the importance of regional and international cooperation and benchmarks, it is for us here today to discuss how we are to translate these instruments into a practical process of implementation of those issues we collectively feel still require attention.
I thank you.
Contact: Julius Mosana
Department of Public Service and Administration
Tel: (012) 314 7382
Fax: (012) 314 7212
Issued by: Ministry of Public Service and Administration
18 March 2004
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