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

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Defining <strong><strong>Co</strong>nflict</strong> <strong>of</strong> <strong>Interest</strong> 15Politicians are routinely faced with a particular conflict <strong>of</strong> interestrelating to their election or reelection. This is the conflict, onthe one hand, between their duties, if elected, to the wider publicand, on the other hand, their duties to their political parties andtheir wish to be elected or reelected. Abuses arise in two principalways: private individuals or interest groups make paymentsto politicians or their parties in return <strong>for</strong> past or future favors;and politicians use these monies, or monies they have embezzledfrom the state budget, to fund their election campaigns or tobribe voters.The challenge <strong>for</strong> governments and civil society is to ensurethat there are adequate institutional mechanisms to encourage the“altruistic” and prevent the “self-interested” from pursuing theirpersonal interests at the expense <strong>of</strong> the public. In the case <strong>of</strong> <strong>of</strong>ficials,these mechanisms might include:••••••••••Appointment and promotion on merit, including havingregard to the integrity <strong>of</strong> the individual;Adequate compensation;Clear rules <strong>for</strong> handling specific conflicts <strong>of</strong> interest (<strong>for</strong>example, “declaring an interest” when dealing with issuesin which the <strong>of</strong>ficial has a personal interest) and <strong>for</strong> ensuringethical behavior in general (<strong>for</strong> example, competitive tendering<strong>for</strong> contracts);Good management to ensure compliance with the rules;“Altruistic” leadership;A legal framework that can act as a backstop and punishwrongdoing;Oversight by the legislature;Oversight by civil society organizations;Protection <strong>for</strong> whistle-blowers;Freedom-<strong>of</strong>-in<strong>for</strong>mation legislation to allow public access tointernal government documents;An independent press that investigates abuses <strong>of</strong> power.•The position in the case <strong>of</strong> politicians is slightly different. Some<strong>of</strong> the above mechanisms apply, but not all. Where political leadersare elected, there is the additional incentive <strong>for</strong> good behavior,and deterrence against bad behavior, provided by the electoralprocess. And in a presidential system, the legislature can provideADB/OECD Anti-<strong>Co</strong>rruption Initiative <strong>for</strong> Asia and the Pacific

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