Managing Conflict of Interest - Organisation for Economic Co ...
Managing Conflict of Interest - Organisation for Economic Co ... Managing Conflict of Interest - Organisation for Economic Co ...
78 Managing Conflict of Interestthe necessary acceleration of development. Indonesia, as a nationin transition, struggles with the dilemma of trying to develop a betterinvestment climate and an environment free of corruption andCOI situations, when COI is perceived as a normal way of doingbusiness.As mentioned earlier, awareness among public service employeesas well as the general public regarding COI is relatively low.Moreover, there is a lack of political will, consensus, and alignmentamong the political leadership, various government agencies, stateinstitutions, and other relevant organizations on COI principles orbest practices. However, issuing new laws and regulations to makeCOI easy to understand, apply, and enforce effectively is not animmediate answer. UNCAC’s and OECD’s guidelines would work ina country with well-established legal systems and institutional infrastructure,traditions and culture, an effective bureaucracy, a strongParliament and oversight and other monitoring mechanisms, andactively involved stakeholders including nonprofit organizations.But applying the concept of COI in a nation in transition such asIndonesia requires more strategic measures, i.e., demonstration ofstrong leadership commitment and established partnerships withemployees, business, and nonprofit sectors to increase awarenessthat COIs compromise good governance, economic development,and social welfare.RecommendationsChanges in policy or practice are never easy to make, especiallywhen there is a lack of understanding or consensus on basic conceptsand issues among key stakeholders. In order to address thechallenges described above and move from a legalistic approachto effective institutional change in Indonesia on the issue of COI,more research, realistic expectations, clear rules and guidelines,and targeted efforts to increase public engagement, advocacy, andawareness are required. The list of recommendations below alsooutlines the government actions that would be required to executeeach recommendation.• Conduct a study of COI to help map applications: TheGovernment shall fund a comprehensive study to map COIprinciples outlined in existing laws and codes of conductADB/OECD Anti-Corruption Initiative for Asia and the Pacific
Learning from Case Studies 79adopted by public institutions and organizations, to helpidentify which rules or regulations should be enforced withclear disciplinary actions and penal sanctions, and whichshould be adopted merely as ethical guidelines to beenforced with administrative or other, lighter sanctions.• Set realistic expectations and gradually implement newlaws and regulations: When introducing new laws and regulationson COI, the Government will take a realistic and gradualapproach, as Indonesia may not be prepared to meetinternational best practices or standards, e.g., parametersset out in the Recommendation of the Council on Guidelinesfor Managing Conflict of Interest in the Public Service,or the UNCAC Law.• Clarify and outline sets of rules applicable to various groupsof public officials in key areas and establish oversight mechanismsto enforce the rules: The Government shall takea “zero tolerance” approach to corruption and COIs andestablish a set of rules for leaders in the bureaucracy, statecommissions, institutions and organizations, legislative bodies,and the judiciary. These rules shall include provisions forthe disclosure of direct and indirect business affiliations andstipulations regarding the extent of such business affiliationsand activities as they relate to official duties of public office.The Government shall work with KPK to establish independentand accountable oversight mechanisms for monitoringthese activities and enforcing these rules.• Encourage watchdog groups including civil society tomonitor public sector activities and report perceived COIsituations, and provide “whistle-blower” protection accordingly:The Government shall offer protection to all membersof society, including nonprofit organizations, that monitor theimplementation of public procurement, as whistle- blowersunder the KPK Law.• Launch a public awareness campaign to “socialize” theCOI concept and principles: The Government shall start disseminatingthe COI principles to educate the general publicand public officials about the full range of conflicts of interestas well as to help them distinguish between severe formsof corruption and simpler ethical dilemmas.ADB/OECD Anti-Corruption Initiative for Asia and the Pacific
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78 <strong>Managing</strong> <strong><strong>Co</strong>nflict</strong> <strong>of</strong> <strong>Interest</strong>the necessary acceleration <strong>of</strong> development. Indonesia, as a nationin transition, struggles with the dilemma <strong>of</strong> trying to develop a betterinvestment climate and an environment free <strong>of</strong> corruption andCOI situations, when COI is perceived as a normal way <strong>of</strong> doingbusiness.As mentioned earlier, awareness among public service employeesas well as the general public regarding COI is relatively low.Moreover, there is a lack <strong>of</strong> political will, consensus, and alignmentamong the political leadership, various government agencies, stateinstitutions, and other relevant organizations on COI principles orbest practices. However, issuing new laws and regulations to makeCOI easy to understand, apply, and en<strong>for</strong>ce effectively is not animmediate answer. UNCAC’s and OECD’s guidelines would work ina country with well-established legal systems and institutional infrastructure,traditions and culture, an effective bureaucracy, a strongParliament and oversight and other monitoring mechanisms, andactively involved stakeholders including nonpr<strong>of</strong>it organizations.But applying the concept <strong>of</strong> COI in a nation in transition such asIndonesia requires more strategic measures, i.e., demonstration <strong>of</strong>strong leadership commitment and established partnerships withemployees, business, and nonpr<strong>of</strong>it sectors to increase awarenessthat COIs compromise good governance, economic development,and social welfare.RecommendationsChanges in policy or practice are never easy to make, especiallywhen there is a lack <strong>of</strong> understanding or consensus on basic conceptsand issues among key stakeholders. In order to address thechallenges described above and move from a legalistic approachto effective institutional change in Indonesia on the issue <strong>of</strong> COI,more research, realistic expectations, clear rules and guidelines,and targeted ef<strong>for</strong>ts to increase public engagement, advocacy, andawareness are required. The list <strong>of</strong> recommendations below alsooutlines the government actions that would be required to executeeach recommendation.• <strong>Co</strong>nduct a study <strong>of</strong> COI to help map applications: TheGovernment shall fund a comprehensive study to map COIprinciples outlined in existing laws and codes <strong>of</strong> conductADB/OECD Anti-<strong>Co</strong>rruption Initiative <strong>for</strong> Asia and the Pacific