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7th Annual Conference and General Meeting of the IAACA Workshop 2 (2)

"Striking Tigers as well as Flies": Non-selective Anti-corruption Law Enforcement

A presentation by Rev. Dr. Dieudonné MASSI GAMS, Chairman of the National Anti-corruption Commission of Cameroon (CONAC)

Date: Friday 22nd November, 2013 Time :16:15-18:00 Venue: ATLAPA Convention Center Panama

REPUBLIQUE DU CAMEROUN Paix – Travail – Patrie

--------Présidence de la République

----------Commission Nationale Anti-Corruption

(CONAC)

REPUBLIC OF CAMEROON Peace – Work – Fatherland

--------- Presidency of the Republic

----------- National Anti-Corruption Commission

(NACC)

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OUTLINE OF PRESENTATION

1. Introduction

2. About “Tigers” and “Flies”

3. Prerequisites for a Non-selective anti-corruption law enforcement

4. Non-selective Anti-corruption law enforcement, the case of Cameroon

5. Merits of a non-selective anti-corruption law enforcement

6. Possible challenges

7. Integrity: the best bet

8. The primordial role of communication

9. The way forward

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1. INTRODUCTION – ABOUT MYSELF AND CONAC 

I am Rev. Dr. Dieudonné MASSI GAMS, a Clergyman and Chairman of the National Anti-Corruption Commission of Cameroon, better known by its French acronymn CONAC.

CONAC is an independent public body created by a Presidential Decree on the 11th of March, 2006.

It is the central structure in charge of coordinating anti-corruption activities and implementing the anti-corruption plan of the government of Cameroon.

Its main mission is to contribute to the fight against corruption in Cameroon. The activities of CONAC are based on three fundamental pillars: prevention and communication; studies and cooperation and investigations.

2. ABOUT « TIGERS » AND « FLIES »• I will start my presentation with two questions. In the fight against

corruption: Who are the Tigers? Who are the Flies? Here is my opinion.

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TIGERS FLIESInfluential in society and very rich. Senior civil servants and top politicians

Poor and needy people Ordinary State employees and citizens

Work in groups and networks Work alone or in little groups

Multi-nationals from developped countries Small and medium-size local companies

People with connections in the administration People with neither connections nor influence

People ready and able to corrupt the judiciary People who can hardly corrupt the judiciary

Have the means to hide evidence of their crime Their crime can easily be exposed

Very intelligentTake huge sums of money

Not so intelligentTake little ridiculous sums of money

Brainstorm and strategize before carrying out an act of corruption

Engage in an act of corruption without much planning or strategies

ABOUT « TIGERS » AND « FLIES » (cont.)• Another question. Who are the most dangerous to society: Tigers or Flies?

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CORRUPTION BY TIGERS CORRUPTION BY FLIES

Huge sums of money change handsState budget is principal target

Very small and insignificant amounts change hands. Money of private citizens targetted

Not usually visible. Difficult and expensive to investigate and trace

Visible to the eyes of many. Easy and cheap to investigate

The State / community gets poorer Individuals get poorer

The entire community / country affected and suffers consequences

Individuals are affected and suffer the consequences

Involvement of a chain of government officials who divide the proceeds

Most often the individual bags all the proceeds of his/her corrupt act

Huge projects such as road construction, building of schools and provision of basic amenities jeopardized

Poor quality service delivery in the transport, education, health, security and other sectors

Difficult to catch and dismantle the chain. White collar criminals.

Individuals involved in acts of corruption can be easily picked out.

ABOUT « TIGERS » AND « FLIES » (cont.)

Which ever way we look at it, « Tigers » and « Flies » are dangerous. Their acts of corruption slow down development and the wellbeing of the population. It is therefore imparative to strike both of them if we dream of overcoming corruption.

In simple terms, it means no one should be above the law in the fight against corruption.

By lmplication, considerations such as political, social and educational status; tribal and family affiliations should not really matter when the offence of corruption is concerned.

The same fate should befall all those suspected or guilty of corrupt practices. The anti-corruption dragnet should be even and strong enough to catch the « big fishes ».

This also implies that amounts do not really matter. For, as the popular adage goes, « he who steals an egg can steal a chicken ». The reverse « he who steals a chicken has already stolen an egg» also holds.

Even in religion, Christians know that « sin is sin » as all lead to death. Romans 6:23.

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3. PREREQUISITES FOR A NON-SELECTIVE ANTI-CORRUPTION LAW ENFORCEMENT

Strategies to combat a « Tiger » are definitely different from those needed to catch a «Fly». We would not delve into the strategies here. Rather, we would look at the prerequisites for a non-selective anti-corruption law enforcement which remain the same for « tigers » and « flies ».

• Strong supreme political will Must be manifested through action and measurable commitment not through a political manifesto.

• Rule of law. This implies the existence of good laws and their proper implementation. It ensures that all institutions (persons) of the nation are subjected to the laws of the country, strict code of conduct, accountability and transparent procedures. Ensures checks and balances.

• Independent judiciary: Without an independent judiciary, the whole notion of rule of law and law enforcement comes to nothing. The judiciary should be competent, independent and impartial.

• Independent anti-corruption institutions: Even though Anti-Corruption Agencies are strictly speaking, not courts or tribunals, their effectiveness will require all the three elements associated with the judiciary: Competence; Independence; Impartiality.

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4. NON-SELECTIVE FIGHT AGAINST CORRUPTION, the case of

CameroonBackground• Everyone is equal before the laws of the nation• Existence of a Supreme Political will. “I am fully determined to eliminate this scourge

and to step up the fight against corruption, without complacency, discrimination and irrespective of the social status or political leaning of those found guilty. Nobody will consider himself or herself to be above the law” H.E. Paul Biya September, 2011.

• Creation of specialised institutions to fight against corruption: the National Anti-corruption Commission, the National Agency for Financial Investigation, the Supreme State Audit, the Public Contracts Regulatory Agency, ministerial anti-corruption units, tenders boards of public bodies and semi-public establishments, the Ministry of Public Contracts, Special Criminal Court, without forgetting the punitive role of traditional national courts.

• Elaboration, validation and implementation of the National Anti-Corruption Strategy under the supervision of CONAC. Strategy targets all sectors of national life.

• Elaboration of a National Education Programme for Integrity • Existence of a free press• Initiation of special operation “sparrow Hawk” that targets high profile suspects

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NON-SELECTIVE FIGHT AGAINST CORRUPTION IN CAMEROON (cont)

Government’s determination to fight the Tigers can be judged through the operation « Sparrow-Hawk » that targets high profile corrupt officials. Today, Cameroon is a country with one of the highest number of « big fishes » in prison.

Currently behind bars on corruption-related charges: A former Prime Minister Three former Secretaries General at the Presidency Over ten former members of government Over five former General Managers of public and parapublic

Corporations Scores of Directors of the Central Administrations… And the arrests continue…

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NON-SELECTIVE FIGHT AGAINST CORRUPTION IN CAMEROON (cont)

At the National Anti-Corruption Commission we fight the Tigers and the Flies Commissioners work in total independence, without fear or favour. They have just their

consciences to judge them as all Commissioners take the following oath before the Supreme Court: « I undertake to discharge my duties with integrity, without fear or favour and in total independence, in accordance with the Constitution, laws and regulations of the Republic ».

Commissioners have the right to :

access all government, semi-public and private services as well as documents

and information needed for the discharge of their duties ;

resort to any competent authority for assistance in the discharge of their duties ;

request information from any public servant, whether an official or not, as well as

from any natural person or corporate body awarded a public contract.

Investigations are done without distinction (from members of government to cleaners) Annual reports generally contain names of all those investigated, their political leanings,

class and social status notwithstanding. Files forwarded to the Head of State and to the judiciary irrespective of the status of the

one under investigation.

This has helped build the credibility of the structure as some yesterday’s « untouchables » are being investigated by CONAC

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All these have been possible, thanks to the strong supreme political will of President Paul Biya. Here, he reassures the Chairman of CONAC of his total support

to the Commission.

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Heavy prison sentences are also given out to those judged and found guilty of corruption. This paper reports of a life term jail

sentence metted out on a former Mayor.

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5. MERITS OF A NON-SELECTIVE LAW ENFORCEMENT IN THE FIGHT AGAINST

CORRUPTION

• End to impunity

• Reinforced trust in the judiciary and anti-corruption institution

• Popular adherence to anti-corruption drive

• Visibile development

• Social justice

• Prosperity

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6. POSSIBLE CHALLENGES TO A NON-SELECTIVE LAW ENFORCEMENT IN THE FIGHT

AGAINST CORRUPTION

• Absence of political will. Lots of political declarations, lip commitments but little actions

• Absence of the rule of law. Lack of adequate laws, non-ratification of international treaties and non implmentation of existing laws.

• Corrupt judiciary: Incompetent, dependent and partial.• Dependent anti-corruption institutions. Institutions that are

finaciallypoorly resourced, lack competent staff, act with fear and lack prosecutoral powers can be compared to toothless bulldogs that can only bark without biting.

• Absence of popular support. The public is not concerned with actions to combat corruption and considers the ill a fatality

• Lack of collaboration. Between national actors involved in the fight against corruption and between nations.

• Nepotism. Preferential treatment of friends, family, etc.

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7. INTEGRITY: THE BEST BETNon-selective law enforcement means corruption has already taken place. We

are here talking about repression. However, this ought to go hands in glove with prevention; that is working

hard for the crime not to take place.

This can be by: Working for a change in mentality. Corruption is a moral issue. Be it small or

big time corruption, they all begin in the mind. The seeds of a successful anti-corruption fight should therefore be planted in the minds of citizens.

We are talking here about preaching the message of INTEGRITY to all members of society: from top managers to school pupils.

This is possible through proper education, targetted sensitisation and well accurate communication on good practices.

And that leads me to the last part of my presentation.

• The importance of COMMUNICATION in the fight against corruption.

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8. THE PRIMORDIAL ROLE OF OMMUNICATION

Communication is an indespensible asset in the fight against corruption. It is generally said that to be forewarned is to be forearmed. Communication helps to:

Sensitise the population on the dangers of corruption and benefits of integrity Explain what the public should do to better combat the ill Provide the contacts of structures put in place to combat corruption so that the public

would know where they can denounce Indicate the sanctions that await the corrupt Encourage men and women of integrity Show case the different sucess stories in the fight against corruption, most especially

sucesses recorded in high profile casesMeans of communication: use both modern and traditional Posters, billboards, flyers Radio and television programmes Facebook and other social networks Special publications and press releases Conferences, public gatherings

The more people are aware of the dangers of corruption and what is being done to curb the ill, the more a nation can build a positive critical mass of individuals who can stand up against corruption.

• As part of measures to implement Cameroon’s National Strategy Against Corruption, following are some images used by some structures in Cameroon to communicate to the public.

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Anti-corruption fighters should be visible on the field and seen to be doing their job. This serves as a deterrent. Here

CONAC’s Rapid Intervention Unit at Work

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The corrupt should know the sanctions that await them

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Communicate the contacts of structures put in place to combat corruption so that the public

knows where to denounce.

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A notice board where all corruption related information are

posted

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9.THE WAY FORWARD

• Just one way…

Fighting corruption without fear or favour, the challenges notwithstanding.

NO RETREAT, NO SURRENDER!

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THANK YOU FOR YOUR ATTENTION