Managing Conflict of Interest - Organisation for Economic Co ...

6 Managing Conflict of Interestprivate interest which is such to influence, or appears to influence,the impartial and objective performance of his or her official duties.”The Organisation for Economic Co-operation and Development(OECD) offers a similar description, defining COI as “…a conflictbetween the public duty and private interests of a public official, inwhich the public official has private-capacity interest which couldimproperly influence the performance of [his or her] official dutiesand responsibilities.” Importantly, OECD observes that the appearanceor perception of a conflict of interest can be as damaging asa documented case of COI, since both foment public mistrust inpublic sector institutions, which can also lead to corruption. A situationthat appears to be a conflict of interest may be enough toundermine public confidence, even if an actual conflict does notexist or it has already been resolved.COI remains a complex and sometimes even elusive concept.Relationships between the private and public sectors have becomeincreasingly multifaceted and nuanced as a result of the continuouslyredefined role of the state and the globalization of economies.As public and private interests intersect in ways that are constantlyshifting, COI (or its perception) becomes a challenge for practitionersand policy makers alike. At the international level, meeting thischallenge has been an effort dating back to the mid-1990s.International anti-corruption instruments of a legally bindingnature, as well as of what is known as “soft law,” include provisionsoutlining preventive measures, e.g., standards (codes of conduct),guidelines, and tools targeting public sector accountability andconflict-of-interest issues:• The Inter-American Convention Against Corruption( Article 3: preventive measures);• The Economic Community of West African States Protocolon the Fight Against Corruption (Article 5: preventivemeasures);• The African Union Convention on Preventing and CombatingCorruption (Article 7: corruption and related offenses inpublic service);• The United Nations Convention against Corruption( Chapter II: preventive measures);• The International Code of Conduct for Public Officials(Article II: conflict of interest and disqualification);ADB/OECD Anti-Corruption Initiative for Asia and the Pacific