Whistleblower Protection and Strengthening Anti-Corruption Agencies Agenda

Transcription

1 ADB/OECD Anti-Corruption Initiative for Asia and the Pacific and 12th Regional Seminar Dili, Timor-Leste, July Whistleblower Protection and Strengthening Anti-Corruption Agencies Agenda Strengthening whistleblower protection measures and anti-corruption agencies (ACAs) are two increasingly important topics in global efforts to combat corruption. With this in mind, the members of the ABD/OECD Anti-Corruption Initiative for Asia and the Pacific decided in early 2013 to devote its 12th Regional Seminar to these two themes. The first part of the Regional Seminar will address whistleblowing and whistleblower protection. The issue has received recent attention in international bodies, such as the G20 and the G8. Countries are exhorted to protect whistleblowers by international anti-corruption legal instruments such as UNCAC and the OECD Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions. Whistleblowing cases under recent legislation such as the Dodd-Frank Act have received substantial media coverage. In the Asia- Pacific region, however, this important topic has received less attention, other than at the November 2010 Seoul G20 Summit where G20 Leaders identified the issue as one of high priority. This Regional Seminar will provide an overview of the main features of an effective mechanism to promote whistleblowing and to protect whistleblowers. The second part of the Regional Seminar will focus on strengthening ACAs. Like whistleblowing, the topic has also been the subject of international attention, notably by the APEC Anti-Corruption and Transparency Working Group for ACAs have proliferated in Asia-Pacific and beyond as international efforts to fight corruption have gathered pace in recent years. This Seminar will look at how ACAs can be strengthened so that they can better discharge their responsibilities. The Regional Seminar will also share the findings of a recent APEC workshop in Indonesia on this topic with non-apec members of the Initiative.

2 12 th Regional Seminar Dili, Timor-Leste 2 Wednesday 24 July 2013 Whistleblowing and Whistleblower Protection 9:30 10:45 (1h15m) Key features of mechanisms to facilitate whistleblowing and whistleblower protection 10:45-11:15 This panel will present an overview of the vital features for an effective whistleblower system. Examples of national implementation illustrating the principles will be considered. Specific topics include: Definition and importance of whistleblowing Measures to promote whistleblowing Reporting on good faith and reasonable grounds Anonymity and confidentiality Enforcement mechanisms to protect whistleblowers against reprisals Sources of law Chair: Aderito de Jesus Soares, Commissioner, Anti-Corruption Commission of Timor-Leste Good Practices of an Effective Whistleblowing Law: Srirak Plipat, Regional Director for Asia Pacific, Transparency International Secretariat Implementation of UNCAC Article 33 on Whistleblowing: Shervin Majlessi, Regional Anti- Corruption Adviser, UN Office on Drugs and Crime (UNODC) G20 Study on Whistleblower Protection Frameworks: Compendium of Best Practices and Guiding Principles for Legislation: Julio Bacio Terracino, Policy Analyst, Organisation for Economic Co-operation and Development (OECD) 11:15-11:45 Break

3 12 th Regional Seminar Dili, Timor-Leste 3 11:45 12:45 Public sector whistleblowing and whistleblower protection This panel will expand on the concepts touched upon in the previous panel and explore more deeply certain issues specific to whistleblowing and whistleblower protection in the public sector. Topics may include: Impact of whistleblowing on safeguarding public interest and promoting a culture of public accountability and integrity Sources of laws and regulations on whistleblowing and whistleblower protection Reporting obligations and the importance of legislation that legitimizes and structures the mechanisms under which public officials can disclose wrongdoings in the public sector Protections for public officials against reprisals Ways to facilitate transparency and integrity in public service Chair: Jeannine Daniel, Assistant Ombudsman, Cook Islands 12:45-1:15 Whistleblower protection and rewards system in Korea: Ki-sun Kim, Director of International Relations of the Anti-Corruption and Civil Rights Commission of Korea Whistle Blower Protection Act MACC's Experience: Izani bin Wan Ishak, Malaysia Anti-Corruption Commission Whistleblowing in Japan: Yoshitaka Tsunoda, Deputy Director, International Economy Division, Economic Affairs Bureau, Ministry of Foreign Affairs 1:15 2:45 Lunch 2:45-4:15 [18 th Steering Group Meeting Consultation with the Private Sector, Civil Society and Media: See Separate Agenda] 4:15 4:30 Break 4:30 5:45 (1h15m) Private sector whistleblowing and whistleblower protection In many jurisdictions, whistleblowers in the private sector have uncovered crimes ranging from bribery of public officials by a company s employees or officers to embezzlement and fraud within a company. In this panel, representatives of three multinational companies operating in Timor-Leste will discuss their views, experiences and challenges they have faced with whistleblowing. Specific topics may include: Features of whistleblowing and whistleblower protection programmes Implementation of whistleblowing programmes Effectiveness of whistleblowing External reporting to law enforcement authorities Chair: William Loo, Senior Legal Analyst, Anti-Corruption Division, OECD Alberto Carvalho Araujo, Vice-President, Timor-Leste Chamber of Commerce José Lobato Gonçalves, Country Manager, ConocoPhillips Mark Leung, Resident Partner, Deloitte (Timor-Leste) 19:00 Dinner to be hosted by the Ministry of Justice of Timor-Leste

4 12 th Regional Seminar Dili, Timor-Leste 4 Thursday 25 July 2013 Strengthening Anti-Corruption Agencies 08:15 08:30 (0h15m) 08:30 09:30 Opening Remarks by Timor-Leste Mr. Agio Pereira, State Minister and Presidency of the Council of Ministers Update on Recent Efforts Related to Strengthening ACAs Chair: Srirak Plipat, Regional Director for Asia Pacific, Transparency International Secretariat APEC ACTWG Workshop on Strengthening ACAs 09:30 10:15 (0h45m) Indonesia, as the current chair of APEC, will present the key findings of the February 2013 APEC Anti-Corruption and Transparency Working Group workshop on strengthening ACAs. Speaker: Sujanarko, Director of Fostering Networks, Corruption Eradication Commission (KPK) Indonesia The Jakarta Statement on Principles for Anti-Corruption Agencies United Nations Office on Drugs and Crime (UNODC), which co-organized an international conference in November 2012 of heads and representatives of anti-corruption agencies and anti-corruption experts from around the world, will present the conference s recommended set of principles that define an independent and effective ACA. Speaker: Shervin Majlessi, Regional Anti-Corruption Adviser, UNODC New Tools to Measure the Effectiveness of ACAs Transparency International will present its new tool for measuring the effectiveness of ACAs which it introduced at a regional meeting in June Speaker: Iftekhar Zaman, Executive Director, Transparency International-Bangladesh 10:15 10:30 Break

5 12 th Regional Seminar Dili, Timor-Leste 5 10:30 11:30 How can Institutional Capacity be strengthened? Most practitioners would agree that independence and autonomy are key to the success of anti-corruption agencies. Much less obvious is how the independence and autonomy of ACAs can be strengthened. This panel will explore the key issues and the experience of some members on this. Specific topics may include: Formal and financial independence of ACAs Operational autonomy Appointment and mandate of ACA officials Accountability of ACAs Chair: Md. Nazrul Islam, Additional Secretary, Government of Bangladesh Combating Corruption in Timor-Leste: Challenges and Opportunities: Aderito Soares, Commissioner, Independence and Operational Autonomy - Critical Conditions That Must be Fulfilled: Kezang Jamtsho, Commissioner, Anti-Corruption Commission of Bhutan Indonesia Experience: A Struggle to Remain Independent: Adnan Pandu Praja, Commissioner, Corruption Eradication Commission (KPK) Indonesia 11:30-12:00 12:00 13:30 Lunch (Timor Plaza Restaurant) 13:30 14:30 14:30-15:00 How can Organizational Capacity be strengthened? This panel will consider what organizational structures and human resource policies strengthen the ability of ACAs to effectively deliver their mandates. Specific topics may include: Selection, appointment and composition of personnel in anti-corruption agencies How to create effective teams with professionals from diverse fields Arrangements for domestic inter-agency co-operation, including exchange of information and division of competence Creation of a culture of ethics and accountability, including codes of conduct, compliance regimes, and public reporting Chair: Gambhir Bhatta, Principal Knowledge Management Specialist, Asian Development Bank Creation of the National Public Service Ethics Board and Changing the Gift and Hospitality Culture in Japanese Public Service: Toru Akuzawa, Senior Professor, National Institute of Public Administration, National Personnel Authority Strengthening Anti-Corruption Agencies Human Capital: Phua Meng Geh, Assistant Director, Corrupt Practices Investigation Bureau, Singapore Strengthening Anti-Corruption Agencies, the Perspective of Macao, China: Luis Manuel Pacheco de Matos Rolo, Commission Against Corruption, Macao 15:00 15:15 Break

6 12 th Regional Seminar Dili, Timor-Leste 6 15:15-16:15 How can Technical Capacity be strengthened? To effectively fight corruption, ACAs must possess specialised expertise and adequate resources in multiple areas. This panel will consider the necessary skills the staff of ACAs should possess to strengthen their ability to perform their functions. Specific topics may include: Types of specializations required, such as in the fields of law, finance, accounting, investigations, prosecution analysis of enforcement data, trends and risk areas Resources required for complex investigations and prosecutions of economic crimes Building skills in collaboration, public communication and engagement. Chair: Aderito Soares, Commissioner, Supporting Anti-Corruption Agencies: Our Perspective: Philipp Jahn, Legal Advisor, GIZ Germany Technical Capacity Building of ACAs: Lessons from ADB s Experiences in South Asia: Gambhir Bhatta, Principal Knowledge Management Specialist, Asian Development Bank Investigating Corruption in the Philippines: A Former Ombudsman s Experience: Simeon Marcelo, Practicing Lawyer and Former Ombudsman of the Philippines 16:15-16:45 16:45 17:00 (0h15m) Concluding remarks Conclusions of the Seminar, William Loo, Senior Legal Analyst, Anti-Corruption Division, OECD Remarks by Fernando Lasama de Araujo, Vice-Prime Minister of Republic of Timor-Leste 17:00-17:15 (0h15m) 17:15 17:30 (0h 15m) Photo Session Press Conference 17:30 19:00 Visit to historical site(s) and sunset view at Cristo Rei, Dili 19:00 Cultural performance and Dinner (BBQ) at the Area Branca, Dili to be jointly hosted by and Central Bank of Timor-Leste on behalf of the Anti-Money Laundering/Country Financial Terrorism Working Group.