President Campos Press Conference - Government Corruption

[Alduria]

Good afternoon.

Growing up in a poor family as I did, my parents always focused heavily on passing onto me a solid set of values. They taught me that in the end, all we have is our transparency, honesty, and integrity. I try to honor these ideals as I serve the people of Alduria as President.

A lack of transparency fuels corruption, a corrosive force that hits the poor and the vulnerable the hardest.  Its effects are very real. Corruption stops medicine and drugs from reaching the sick, stops schools from being built, leads to roads washing away in the rain, and empties the public coffers. In the most fragile corners of our country, corruption undermines work to bring stability or prevent violence and extremism from taking root. 

Most importantly, corruption breaks the trust between the citizens and the state that is critical for a Republic like ours to work. We know bad governance is one of the four major drivers of poverty.

The Office of the Governmental Legal Counsel was created by the Constituent Assembly in 1669 to provide the government and its official with legal advice, establish a common code of conduct, and help guide our officials to serve the people ethically and within the legal norms. The creation of this Office was heavily contested in the Assembly. As we built the early version of the Transitional Government, we sought to make sure that the people would not be served by corrupt politicians or bureaucrats.

This same Office has submitted a report to me that established that Amy Malliste and policy advisor Ernesto Varela, who both serve in the Executive Mansion staff, were using their position of power to enrich themselves. This was especially disappointing to me, as both Amy and Ernesto had served in government with distinction, and to my knowledge up to receipt of the report, were doing so ethically.

I have asked both of them to resign. Amy did so yesterday. Ernesto has delivered his resignation to me today.

To my knowledge and by the confirmation of the Office of Governmental Legal Counsel, there are no others in my administration participating in corruption. However, I invite the Department of Justice to appoint an impartial Special Counsel to investigate this matter further. I have nothing to hide and I want to be part of the solution.

My action on this will not stop there. As President, I will step up our efforts to confront corruption in multiple areas, working to keep our own house in order by increasing transparency and improving oversight.

We must make far-reaching commitments to push the anti-corruption agenda forward. It is important that leaders bring the political will and visibility to the issue, and it is also important to complement this prominence with technical know-how, good regulation, and hard work.

That is why as President, I will prioritize diagnostics to understand the root causes of corruption in Alduria, and to measure where progress is being made and where efforts are falling short. We know that for transparency initiatives to be successful there must also be data literacy, so we must work to improve our capacity to understand and use information effectively - otherwise, citizens could be data rich and information poor. 

When it comes to crunching data, I believe new technologies can help us with some of the heavy lifting, and this can give us a new edge in the fight against corruption. For example, we should explore public-private partnerships with global technology companies, using artificial intelligence to find hidden patterns and risks in procurement data. 

And to encourage private capital to come to Alduria, attention should be paid to the corruption risks that investors face. This means leveling the playing field for large and small businesses, putting the right regulatory frameworks in place and incentivizing integrity. And it also means paying attention to illicit financial flows and blocking the avenues that hide the proceeds of corruption.

The resources and powers placed in our trust must be used for their intended purposes and not lost to fraud and corruption.

As I reflect on what more this Government can do, I am encouraged to see many others coming together to strongly confront corruption. This is not a time to play party politics, as they are corrosive and fatal to a nascent Republic like ours. Government officials should be mindful to speak on this matter when they have information that is correct, and that they do not unveil ongoing investigations into government corruption, whether they are criminal or not. That can put into serious jeopardy the fight against corruption and could severely obstruct justice.

In coming days, I promise to submit to the Cabinet for consideration the first of many legislative initiatives to fight corruption in our Government.

The Anti-Corruption Act I am drafting will establish how to handle civil petitions for grievances, improve the administrative systems related to these petitions, prevent corruption and effectively regulate acts of corruption by establishing the Anti-Corruption and Civil Rights Commission so as to protect the basic rights and interests of the people, ensure appropriate public service and serve to create a clean climate in the civil service sector and in society.

If Cabinet will not approve of this Bill, I will be happy to take this matter directly to the people of Alduria through fireside chats and town hall meetings. In the end, in a democracy, we cannot discount the real power of the people to bring about the change a nation needs.

I will now open the floor to questions from the press. Thank you.

[Alduria]

PROPOSED TEXT OF ANTI-CORRUPTION ACT

 

Article 1. Definitions.

The terms used in this Act are defined as follows:

1. The term "public institution" means any of the following institutions and organizations:
   
   1. The administrative agencies, government departments, and government bodies at various levels under the Government of the Republic of Alduria and the executive organs and local councils of state and local governments;
      
   2. The Parliament, the courts at all varying levels, and the election commissions at various levels;
      
   3. Any other government and societal bodies that may be included by Presidential Order or Act of Parliament.
      
2. The term "administrative agency, etc." means a central administrative agency, local government, and a corporation and organization having, or having been commissioned or entrusted with, the authority of the administrative agencies under statutes, or such institution or individual;
   
3. The term "public official" means a public official, and any other person who is recognized as a public official in terms of qualifications, appointments, education and training, services, remuneration, guarantees of status, etc.;
   
4. The term "act of corruption" means any of the following acts:
   
   1. The act of any public official's abusing his/her position or authority or violating statutes in connection with his/her duties to seek gains for himself/herself or any third party;
      
   2. The act of inflicting damages on the property of any public institution in violation of statutes, in the process of executing the budget of the relevant public institution, acquiring, managing, or disposing of the property of the relevant public institution, or entering into and executing a contract to which the relevant public institution is a party;
      
   3. The act of coercing, urging, proposing and inducing any act referred to in items (a) and (b) or act of covering it up.
      
5. The term "civil petition for grievance" means a civil petition for the redress of a grievance pertaining to matters that infringe the rights of the people, or give any inconvenience or burden to people, due to unlawful, irrational, or passive disposition (including factual act and omission) of an administrative agency, etc., or the irrational administrative system (including grievance petitions of active-duty soldiers and persons serving mandatory military service);
   
6. The term "petitioner" means a person, corporation, or organization that files a civil petition for grievance;
   
7. The term "civil society organization" means a non-profit, non-governmental organization registered with the appropriate government department(s);
   
8. The term "Local Ombudsman" means an institution established for the redress of civil petition for grievances with respect to a state or local government and an agency thereof (including any corporation or organization that is commissioned or entrusted with the authority of a local government or an agency thereof pursuant to statutes, or such institution or individual; hereinafter the same shall apply) as well as improvement of related systems.
   

 

Article 2. Responsibilities of Public Institutions.

1. A public institution shall assume the responsibility to strive to prevent corruption to create sound social ethics.
   
2. Where a public institution deems it necessary to eliminate legal, institutional, or administrative inconsistencies or to improve other matters for the prevention of corruption, it shall promptly improve or rectify the foregoing.
   
3. A public institution shall make strenuous efforts to raise the consciousness of its employees and citizens to eradicate corruption, based on such reasonable means as education and publicity.
   
4. A public institution shall endeavor to promote international exchanges and cooperation for the prevention of corruption.
   

 

Article 3. Responsibilities of Political Parties.

1. A political party that is registered in accordance with the law and a member affiliated therewith shall endeavor to create a clean and transparent culture of politics.
   
2. A political party and a member affiliated therewith shall ensure that the right election culture is proliferated and shall operate the party and raise and spend political funds in a transparent manner.
   

 

Article 4. Duties of Enterprises.

An enterprise shall establish a sound trade order as well as business ethics and take necessary measures to prevent any corruption.

 

Article 5. Duties of Citizens.

Every citizen shall fully cooperate with policy measures taken by public institutions to prevent corruption.

 

Article 6. Public Official’s Obligation of Integrity.

1. A public official shall abide by statutes, perform his/her duties fairly and hospitably, and refrain from committing any act of corrupting himself/herself or losing his/her dignity.
   
2. No public official shall use any confidential information learned while conducting his/her duties to obtain, or to have a third party obtain, goods or property gains.
   

 

Article 7. Code of Conduct for Public Officials.

1. The code of conduct that public officials must observe in accordance with this Act shall be prescribed by Presidential Order, internal regulations of the Parliament, the Supreme Court Regulations, the National Election Commission Regulations, or the internal regulations of the public service-related organizations.
   
2. The code of conduct for public officials referred to in paragraph (1) shall prescribe the following matters:
   
   1. Matters concerning the prohibition and limitation of any public official's receiving entertainment, money, goods, etc. from any person related to his/her duties;
      
   2. Matters concerning the prohibition and limitation of any public official's intervening in personnel affairs, influence peddling, doing good offices, or soliciting another person for his/her good offices, taking advantage of his position;
      
   3. Matters that public officials need to observe in order to create a sound climate of the civil service, such as a fair personnel affairs;
      
   4. Other matters necessary to prevent corruption and maintain the integrity and dignity of public officials when they perform their duties.
      
3. If any public official violates the code of conduct for public officials referred to in paragraph (1), a disciplinary action may be taken against him/her.
   
4. Kinds, procedures, effect, etc. of disciplinary actions referred to in paragraph (3) shall be governed by statutes or the internal regulations that prescribe matters concerning the disciplinary actions of administrative agencies or organizations to which the relevant public officials belong.
   

 

Article 8. Guarantee of Livelihood for Public Officials.

The Government of Alduria, as well as the state and local governments shall endeavor to guarantee the livelihood of public officials in order for them to devote themselves to the civil service and shall take necessary measures to improve their remuneration and treatments.

 

Article 9. Request for Cooperation to Civil Rights Remedy Agencies.

The Anti-Corruption and Civil Rights Commission or the Local Ombudsman may, when it is deemed necessary for performing its duties, request cooperation from administrative agencies, or corporations or organizations that aim to remedy any violation of civil rights in accordance with the law, or improve statutes and systems for enhancement of social justice and public interests.

 

Article 10. Establishment of Anti-Corruption and Civil Rights Commission.

1. The Anti-Corruption and Civil Rights Commission (hereinafter referred to as the "Commission") shall be established under the Prime Minister to improve irrational administrative systems pertaining to the processing of civil petitions for grievances, prevent corruption and effectively regulate acts of corruption.
   
2. The Commission shall perform the following duties:
   
   1. Establishing and implementing policies for protection of the rights of people, remedy of violated rights, and prevention of corruption;
      
   2. Examining and processing civil petitions for grievances and recommending rectification or expressing opinions related thereto;
      
   3. Making recommendations or expressing opinions when it is deemed necessary to improve an administrative system that may result in a civil petition for grievances and the operation of such system;
      
   4. Investigating and evaluating the results of processing civil petitions for grievances by the Commission and improvement of administrative systems;
      
   5. Establishing and recommending policy measures to prevent corruption in public institutions and matters concerning institutional improvements, and investigating the actual status of the public institutions for such establishment and recommendation;
      
   6. Investigating the actual status and evaluating the progress of the policy measures taken by public institutions to prevent corruption;
      
   7. Establishing and implementing a plan for education and publicity for the prevention of corruption and remedy of violated rights;
      
   8. Cooperating with and supporting individuals, corporations, or organizations related to the activities of the Commission, including supporting anti-corruption activities conducted by nonprofit, non-governmental organizations;
      
   9. Promoting international cooperation in connection with the activities of the Commission;
      
   10. Providing information and consultation about, as well as receiving, reports with respect to acts of corruption;
       
   11. Protecting and rewarding whistleblowers;
       
   12. Examining statutes, etc. that could be abused as factors causing corruption;
       
   13. Collecting, managing, and analyzing materials pertaining to prevention of corruption and remedy of violated rights;
       
   14. Implementing and operating the code of conduct for public officials, receiving and processing reports on violations of it, and protecting whistleblowers;
       
   15. Providing information and consultation about civil petitions, ascertaining the actual status of the processing of civil petitions, and providing guidance on such processing;
       
   16. Operating online civil participant portals in an integrated manner and installing and operating government call centers for civil petitions;
       
   17. Providing cooperation, support, and education with respect to the activities of the Local Ombudsman;
       
   18. Mediating and coordinating conflicts involving multiple parties, and surveying and processing corporate petitions for grievances in order to redress hardships of enterprises;
       
   19. Matters under the jurisdiction of the Commission as provided for by other statutes;
       
   20. Other matters that the Prime Minister or the President submits to the Commission to enhance the rights and interests of the people.
       
3. The Commission shall be comprised of 15 members (including three vice-chairpersons and three standing members), including one chairperson. In such cases, each of the vice-chairpersons shall assist the chairperson by taking charge of civil petitions for grievances and anti-corruption.
   
4. The chairperson, vice-chairpersons, and members shall be persons acknowledged as capable of conducting duties related to civil petitions for grievances and anti-corruption fairly and independently and shall be appointed or commissioned from among any of the following persons:
   
   1. A person who holds or has held an associate professorship or higher position, or other position equivalent thereto, for at least eight AN years at a university or authorized research institution;
      
   2. A person who serves, or has served, as a judge, prosecutor, or attorney for at least ten AN years;
      
   3. A person who serves, or has served, as a public official who belongs, or has belonged, to the Senior Civil Service;
      
   4. A person who has the qualification of certified architect, tax accountant, certified public accountant, technician, or patent attorney and has or had been engaged, in such job field for at least ten AN years;
      
   5. A person who was commissioned as a member of the Local Ombudsman;
      
   6. A person who is well respected in society with profound knowledge and experience in public administration and who is recommended by a civic organization.
      
5. The chairperson and vice-chairpersons shall be appointed by the President upon recommendation of the Prime Minister, and the standing members shall be appointed by the President upon recommendation of the chairperson, and non-standing members shall be appointed or commissioned by the President. In such cases, three non-standing members shall be appointed or commissioned upon recommendation of the Parliament and another three non-standing members, upon recommendation of the Chief Justice of the Supreme Court.
   
6. The chairperson and vice-chairpersons shall be appointed from among officials in political service, and the standing members shall be appointed from among public officials in general service belonging to the Senior Civil Service Corps who are also public officials in a fixed-term position.
   
7. If the post of any member becomes vacant, a new member shall be appointed or commissioned without delay. In such cases, the term of office of the newly appointed or commissioned member shall begin anew.
   
8. The chairperson shall represent the Commission. When the chairperson is unable to perform his/her duties due to unavoidable reasons, a vice-chairperson designated by the chairperson shall act on his/her behalf.
   
9. Any of the following persons shall not be qualified as a member:
   
   1. A person who is not a citizen of the Republic of Alduria;
      
   2. A person who is affiliated with a political party as a member;
      
   3. A person who is registered as a candidate to run in an election held in accordance with the laws of Alduria.
      
10. Each member shall, when falling under any subparagraph of paragraph 9, rightly resign from office.
    
11. The Commission shall independently perform the duties within its authority.
    
12. The terms of office for the chairperson and the members shall each be three AN years and they may be reappointed or recommissioned only once.
    
13. No member shall be dismissed or de-commissioned against his/her will except in any of the following cases:
    
    1. Where he/she falls under any subparagraph of paragraph 9 of this Article;
       
    2. Where he/she has significant difficulty in performing his/her duties on the grounds of mental or physical trouble.
       
14. Any member who falls under any of the following cases shall be excluded from the Commissions’s deliberation and resolution:
    
    1. Where a member or his/her current or former spouse is a party, joint right holder, or joint obligor with respect to the relevant matter;
       
    2. Where a member is or was a relative of the petitioner for the relevant matter;
       
    3. Where a member conducted testimony, appraisal, legal counsel or damage assessment with respect to the relevant matter;
       
    4. Where a member has participated in an inspection, investigation or research with respect to the relevant matter before he/she becomes a member;
       
    5. Where a member is or was involved in the relevant matter as an agent of the petitioner.
       
15. Where a party having an interest in the deliberation and resolution of the Commission has a ground to believe that he/she can hardly expect impartiality from a member, the party may make an application for recusal of the member.
    

 

Article 11. Investigation and Evaluation of Corruption of Public Institutions.

1. The Commission shall develop fair and objective evaluation indexes to quantitatively measure the corruption of public institutions.
   
2. The Commission may conduct an investigation and evaluation of the corruption of public institutions by utilizing the evaluation indexes referred to paragraph (1), and publish the results of such investigation and evaluation.
   
3. The Commission may give necessary support such as consultation for the prevention of corruption on the basis of the results of an investigation and evaluation referred to in paragraph (2).
   
4. The head of a public institution undergoing an investigation and evaluation by the Commission pursuant to this Act shall publish the results of such investigation and evaluation.
   
5. Matters necessary for publication of the results of an investigation and evaluation shall be prescribed by Presidential Order.
   
6. The Commission may analyze and examine the Acts, Presidential Orders, and directives, rules, public notices, or publications made under delegation by the former, municipal ordinances and Rules, which could be all abused as factors causing corruption, and then may recommend the heads of competent institutions having jurisdiction over statutes, etc. to improve necessary matters.
   
7. Matters necessary for the procedures and methods for examining the factors for inducing corruption shall be prescribed by Presidential Order.
   
8. No incumbent or former members, expert members, or employees of the Commission and any other person who is or has been seconded to the Commission or commissioned by the Commission to perform its duties shall divulge any confidential information they have acquired in performing the duties of the Commission.
   

 

Article 12. Establishment of Local Ombudsman.

1. In order to process civil petitions for grievances and improve administrative systems, etc. with respect to local governments and institutions belonging thereto, each state and local government shall set up and operate a Local Ombudsman.
   
2. Each Local Ombudsman shall perform the following duties:
   
   1. Investigating and processing civil petitions for grievances with respect to a local government and any institution belonging thereto;
      
   2. Recommending rectification or expressing opinions in connection with civil petitions for grievances;
      
   3. Making recommendation or expressing opinions on the improvement of the pertinent administrative systems and the operation thereof, if deemed necessary for the process of handling civil petitions for grievances;
      
   4. Surveying and evaluating the actual status with respect to the results of civil petitions for grievances processed by the Local Ombudsman and the improvement of administrative systems;
      
   5. Providing information and consultation about civil petitions and supporting the processing of civil petitions;
      
   6. Providing education and conducting public relations with respect to the activities of the Local Ombudsman;
      
   7. Interacting and cooperating with international organizations or foreign institutions for remedy of violated rights that are related to the activities of the Local Ombudsman;
      
   8. Providing cooperation and support to individuals, corporations, or organizations that are related to the activities of the Local Ombudsman;
      
   9. Other matters entrusted to the Local Ombudsman under other statutes.
      
3. Members of the Local Ombudsman shall be those who are deemed to be capable of conducting the duties of processing civil petitions for grievances fairly and independently and shall be commissioned by the head of a state or local government from among any of the following persons with the consent of the local council:
   
   1. A person who holds or has held an associate professorship or higher position, or other position equivalent thereto at a university or authorized research institution;
      
   2. A person who serves, or has served, as a judge, prosecutor or attorney;
      
   3. A person who has the qualification of certified architect, tax accountant, certified public accountant, technician, or patent attorney and is involved or was involved, in such job field for at least five AN years;
      
   4. A person who is well respected in society with profound knowledge and experience in public administration and who is recommended by a civic organization.
      
4. The term of office of a member of each Local Ombudsman shall be four AN years and may not be extended nor renewed.
   
5. Where the term of office of a member of each Local Ombudsman expires, or a post becomes vacant during the term of office, the head of a local government shall commission a successor within 30 AN days from the expiry date or the day when the post becomes vacant.
   
6. The term of office of a new member of each Local Ombudsman who is commissioned to fill its vacant post shall begin anew.
   
7. The head of a state or local government shall establish an administrative organization to support the affairs of the Local Ombudsman.
   
8. The administrative organization shall have one head and other employees as needed.
   
9. The Local Ombudsman shall report to the head of the state or local government and the state legislature or local council and publicly announce the operational status of the Local Ombudsman every year.
   
10. Except the matters prescribed in this Act, matters necessary for the organization and operation of the Local Ombudsman shall be provided for by law issued by the state or local government concerned.
    

 

Article 13. Commencement.

1. This Act shall apply to all of the Republic of Alduria.
   
2. This Act shall become law as soon as it is constitutionally ratified.