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3.2 Manifestations of Corruption 3.3 Historical Development of Corruption 3.5 Consequences of Corruption 3.6 The level and Magnitude of Corruption 4
The
How and the Why of the Commission’s Establishment 5 The Commission’s Vision, Objectives, Policies, strategies, etc 5.1 Vision 5.2
Mission 5.3 Objectives 5.5
Strategic Plan 5.6 The Major Powers and Duties
5.7.1 Principles 5.7.2 Core Values 6 Professional Mix, Organizational Set-up, and Budget Spending 6.1 Ethics Education Directorate 6.2 Corruption Prevention Directorate
6.3 Corruption Investigation and Prosecution
Directorate 6.4 Directorate for the Coordination of Ethics Infrastructures 6.5 Human Resource Management Directorate 6.6 Planning, Procurement, and Finance Directorate 6.7 Public Relations Directorate 6.8 Change Management Directorate 6.9 Services 7 Recruitment and Employment of Officers 8 Approaches to Fighting Corruption in 9.1 Expanding Ethics and Anti-corruption Education 9.3 Investigating and Prosecuting Corruption Offences
9.3.1 Channels and Mechanisms for Making Corruption
Complaints 9.3.2 Achievements Made 10 Working in Partnership with Stakeholders 11 Formation of the National Anti-corruption Coalition 11.2 Establishment of the Coalition 12 The Incorporation of Anti-corruption Laws in the Criminal Code 13 Types of Corruption Offences 13.1 Corruption Crimes Committed by Public Servants 13.2 Crimes against Public Office by Third Parties 13.3 Others 14 Observing Continental and International Conventions 15 Drawing Lessons from Our Counterparts and Other Anti-corruption Bodies 18 Conclusion 1.
Message of the Commissioner, H.E
"You are the driving force in the struggle against
corruption!" It is
no more contentious that corruption has become one of the major global
threats. As in many other parts of the world, there are signs that it has
been taking roots and causing certain problems in Since
its establishment in 2001 with the objectives of expanding ethics and
anti-corruption education, preventing corruption, and investigating and
prosecuting alleged corruption offences, the Commission made encouraging
achievements. In an effort to prevent corruption before it is committed by
plugging loopholes that were believed to be conducive to it, the FEACC
examined the working procedures and practices in more than 117 public
offices and public enterprises. It then put forward corrective measures
and followed up their implementation. Regarding curative measures, it
investigated more than 1,200 alleged corruption offences and prosecuted a
number of offenders some 300 of whom received from 1-19 years of
imprisonment. Particularly,
the achievements made in tackling the rampant corruption in the Metropolis
in the areas of land administration and leasing are worth mentioning. More
than 1,162,345 square
metre of land (worth more than 2 billion Ethiopian Birr), 32 residential
houses and four other buildings and 37 vehicles, among others, have also
been restrained through court order. What is more, the FEACC was able to
offer ethics and anti-corruption education for hundreds of thousands of
Ethiopians using various channels of communication. As you may be well aware, our country is
making significant economic progress. There is a strong determination and
commitment on the part of the Government to ensure the sustainability of
the development process. One of the most important measures to ensure the
sustainability of the overall development of the Country is to redouble
efforts in the combat against corruption. We will, for that reason,
continue to put maximum effort in the national struggle against corruption
and impropriety. Despite the above-mentioned achievements
and sustainable improvements in the struggle against corruption, some
global anti-corruption organizations that make corruption perceptions
index have been ranking The good news is we have been improving
our rating from year to year, even by the allegedly biased judgments of
such organizations. We
have also been able to forge a strong and healthy relationship with a
number of regional and global actors in the struggle against corruption. A draft of a broad national anti-corruption policy
framework which governs and guides all anti-corruption initiatives and
activities in the Country has already been developed. Once it receives the
approval of the Council of Ministers, the policy is believed to
significantly contribute to the success of the on-going national
anti-corruption struggle. Cognizant of the serious efforts we have been making, the
public has begun to rally behind us in the fight against corruption. They
have come to realize that we are there to serve their interests. They have
come to realize, more than ever, that the anti-corruption struggle will
not succeed without their active participation. In short, we have managed
to make the anti-corruption struggle a popular agenda. We consider such a
shift in popular thinking as the most important of all our achievements.
The FEACC also established joint forums with the media institutions and
associations, religious organizations, mass organizations, Ethiopian
Chamber of Commerce and Sectoral Associations, federal institutions
engaged in promoting rule of law, non-governmental organizations that
incorporate anti-corruption as one of their objectives, and professional
associations. Establishing
bilateral forums has proved to be a good beginning. However, it is the
Commission’s strong conviction that the process of coalition building
should be elevated to the next level. We
believe that it is a necessity for a country to have one national vision
in addressing corruption. It needs to have a consensual national strategy
devised by all stakeholders in the struggle against corruption. There
should be a united front against corruption, which, in turn, necessitates
the establishment of a national coalition against corruption. It is for
this very reason that the FEACC facilitated the establishment of a
national anti-corruption coalition back in Despite
the afore-mentioned achievements, the Commission strongly believes that a
lot more remains to be done in the fight against corruption and
impropriety in this country in the years to come. With a view to enhancing
its performance in the years to come, therefore, the FEACC conducted
Business Process Re-engineering (BPR) on its core functions for the second
time in two years, put in place new working procedures and structures
based on the BPR, and made the necessary preparations to implement the
vitally important project. In
the years to come, the FEACC is determined and more than prepared to do
more in partnership with all stakeholders in general and the Ethiopian
public in particular to make sure that corruption cannot impede the
on-going development and democratization processes. It is the Commission's
strong conviction that the national anti-corruption struggle will not be a
success without the active participation of the public. The public is the
driving force in the struggle against corruption in this Country. At the
end of the day, the general public is the general anti-corruption watchdog
that monitors, checks and exposes corruption. To put it more bluntly, your
support in our fierce fight against corruption is indispensable. Without
your sustainable support and participation, the national anti-corruption
drive will, no doubt, be doomed to failure. You are the ultimate power in
the combat against corruption. Had
it not been for the support and involvement of the public in the fight
against corruption, we wouldn't have been able to make the achievements
mentioned earlier. The support that the public has been extending to the
Commission in blowing the whistle against corruption and serving as a
witness has been increasing with the passage of time. To achieve its
objectives and realize its vision, the FEACC seeks the full support of all
stakeholders in general and the Ethiopian public in particular. I,
therefore, call upon all stakeholders in general and the Ethiopian public
in particular to continue to participate in the struggle against
corruption actively and support our efforts in a sustainable manner. I,
hereby, call on them to remain in the driving seat and continue to
energize and invigorate the national anti-corruption struggle. Together,
we can defeat corruption! The FEACC prepared this magazine to inform the
public on the national campaign against corruption and thereby to enhance
its participation in it. It would be much easier to mobilize an informed
society than uninformed one in the fight against corruption. The
information contained in the magazine was gathered from government
departments, higher education institutions, the Commission's Departments,
anti-corruption laws and proclamations, the Commission’s draft
anti-corruption policy and training manual, surveys and researches,
reports, and other sources. Then, the information was organized in a
logical, coherent, and simple manner so that people from every
cross-section of the society could read and understand it. To begin from the very
beginning, eight solid years have lapsed since the Government of the
Federal Democratic Republic of Ethiopia started to tackle corruption and
impropriety at all levels by establishing the FEACC in May 2001. Since its
inception, the FEACC launched a three-pronged (prevention, investigation
and prosecution)
attack on corruption and some encouraging achievements were made in those areas. In an effort to raise its
performance in fighting corruption in the years to come, the FEACC has
found it absolutely necessary to enhance stakeholder participation in the
fight against corruption. To this end, some awareness raising and
informative programmes must be implemented aggressively so that public
participation in the fight against corruption is boosted to the desirable
level. To be actively engaged in fighting and preventing corruption, all
stakeholders deserve to be informed about the level, causes, consequences,
developments, manifestations, threats of corruption, and the preventive
and curative measures that are being taken to tackle it effectively. They also have every right
to get current and up-to-date information about the on-going national
struggle against corruption. They should also be well aware of the plans
and programmes of the Country in dealing with corruption and impropriety.
Having seriously assessed such fundamental concerns and requirements, the
FEACC found it absolutely necessary to prepare and distribute publications
like this on the national struggle against corruption to raise public
awareness. Simply
put, the magazine is all about raising public awareness on the threat of
corruption and thereby intensifying the national campaign against it in a
more participatory, coordinated, and organized manner. The document could also be of paramount importance
for researchers, students, teachers, etc. who work in this area. This
document contains the major facts about the on-going anti-corruption
campaign in The
major tasks accomplished and the achievements made by the FEACC, the
challenges faced and the appropriate solutions provided for those
challenges, and the frequently asked questions and their full answers are
also covered in the document. Enjoy reading the magazine and don’t
hesitate to send us your comments at the following addresses: ·
P.O.Box: 34798/9 ·
Fax: 251-115-53 6987 ·
E-mail: feacedu@ethionet.et ·
TEL (
Office:
Because of the many forms that corruption can take, there are
as many definitions as there are types of corruption. An internationally
accepted definition of corruption, which is also illustrated in the
Commission’s Draft Anti-corruption Policy, is set out below.
Corruption is the offering, giving,
soliciting or acceptance of an inducement, promise, or reward; the making
of threats or the use of intimidation, in words or in behaviour; exerting
influence by the abuse of authority or its inconsistent application; which
may improperly influence the actions subsequently taken, or not taken, by
a body, its members, or its officers; for the benefit or competitive
advantage of self or another. 3.2 Manifestations
of Corruption According
to the corruption survey conducted by the Addis Ababa University (in
collaboration with the FEACC) published
in 2001 and other sources, fraud, trickery,
embezzlement, abuse of power, extortion, nepotism, and theft are
believed to be the principal features by which corruption has manifested
itself in Ethiopia. If we look at the list of corruption offences that
received verdict in 2007/8 budget year, it will simply corroborate what
the above-mentioned sources have said. According to the Commission’s
Annual Statistical Report on its activities in the same budget year, abuse
of power, breach of trust, serious breach of trust, cheat, trickery,
forgery, and bribery were the major manifestations of corruption in
various public offices and enterprises. 3.3
The Historical Development of Corruption When we look back at the development and emergence of
corruption in As
many scholars and researchers would agree, corruption is not a social
phenomenon that can be explained by a simple cause/effect model. It is a
complicated issue, often the result of many contingent circumstances,
which produce varied and wide-ranging effects. Without limiting the
generality of this argument, however, one can cite numerous factors that
are widely believed to be the major causes of corruption in According to various sources, low level of democratic
culture and tradition, lack of adequate citizen participation, lack of
clear regulations and authorization, low level of institutional control,
problems related to transparency and accountability in some areas, extreme
poverty, and harmful cultural practices are the major causes of corruption
in Family
and ethnic loyalties and obligations, blurred distinction between private
and public interests, privatization, weak financial management, inadequate
accounting and auditing, deterioration of acceptable moral and ethical
values, and inefficient civil service system (despite continuous
improvements year after year) have also been cited by some scholars and
researchers as causes of corruption in Ethiopia.
3.5
Consequences
of Corruption During
the Imperial and the Military Regimes, corruption is said to have resulted
in undermining the legitimacy of the governments and weakening their
structures, reducing productivity, hindering development, worsening
poverty, marginalizing the poor, creating social unrest, and finally
speeding up their downfall. It encouraged the then public servants and
senior government officials to place themselves above the law. Unfortunately,
it has continued to pose threats to the Country's development and
democratization processes even now. Currently, corruption is believed to
be one of the factors that contribute to the reduction of government
revenue. It can also negatively affect the on-going poverty reduction and
development Programmes. 3.6
The
Level and Magnitude of Corruption Various
studies and surveys have been conducted to measure and assess the level
and magnitude of corruption in Some
researchers question the relevance of the outcome of this study due to
time factor. According to them, things have changed a lot since then. It
doesn’t, therefore, reflect the current objective reality in the
Country. It was, for example, stated in the survey that there was rampant
corruption in some service delivery institutions like the Ethiopian
Telecommunications Corporation and the Ethiopian Electric Power
Corporation. That
is not the case at the moment. Moreover, some experts argue that the
samples taken for the above-mentioned study are not representative and
sufficient in number to show the full picture of the then corruption
prevalence in the Country. Therefore, it would be absurd to take it as a
serious and reliable source of information to depict the current level of
corruption in the County. Instead, they advise, we should refer to recent
surveys and studies conducted by different bodies and stakeholders in the
fight against corruption that represent the current objective reality and
that have larger and adequate sample sizes. What
do such studies tell us about the level and extent of corruption in Another
survey conducted by the Inter Africa Group also concluded that the
government is winning in its onslaught on corruption (2008, page 49 of the
report). What is more, the rankings produced by the World Bank Group on
the ease of doing business put The
survey conducted by the World Bank on corruption in the construction
sector in According
to some surveys, the areas where corruption is believed to be rampant are
those where financial resources are transferred from the private to the
public sector and vice versa. Other agencies where corruption is believed
to be flourishing include those engaged with allocation of land and
government housing, provision of telephone and electric services, granting
of loans, licensing and issuance of permits, collection of taxes and
procurement of consumable and fixed assets. Customs and excise offices are
also believed to be affected by corrupt practices. Since recently, cyber
crimes have also begun to trouble the financial sector. 4. The How and the Why of the
Commission’s Establishment Having analyzed the overall situation in the
Country in a holistic manner, the Ethiopian Government finalized
preparations to reform the social, economic, and political formation of
the Country based on democratic principles. This holistic reform programme
consisted of various components and programmes, one of which was the Civil
Service Reform programme. That was how the on-going Civil Service Reform
Programme, which, in turn, included the Ethics Sub-Programme as one of its
major components, was launched at the national level. For the Ethics sub-programme (which was mainly
designed to tackle corruption and improve service delivery) to be
launched, a multi-dimensional research on the level of corruption and
degree of efficiency and effectiveness of the Ethiopian Civil Service
System had to be conducted. For that reason, a task force drawn from
stakeholders conducted a research, which brought the sufferings of the
Ethiopian public to light. It was after all these logically coherent
preparations that the Ethiopian Government established the FEACC in 2001. Among
the preparations made to establish the FEACC were the launching of
training programmes and consultative workshops, drawing of international
best practices and lessons, assessment of needs and problems, development
of the Commission's organizational structure, and conducting of national
anti-corruption survey. Representatives drawn from various stakeholders,
including the media, civil society organizations, religious groups,
professional associations, and federal and regional government departments
were actively involved in the process. 5. The
Commission's Vision,
Objectives,
Policies and Strategies, etc.
5.1 Vision The
vision of the Federal Ethics and Anti-corruption Commission is to ensure
that corruption is no longer an impediment to enhancing development and
good governance in the Country by creating a highly ethical society that
is resolute in combating corruption unwaveringly. 5.2 Mission The
Commission's mission is to ensure that the Country's resources go to the
desired development projects by expanding ethics and anti-corruption
education; examining the practices and working procedures in federal
public offices and enterprises and thereby plugging loopholes that are
believed to be conducive for corruption; exposing, investigating and
prosecuting alleged corruption offences where they are committed in
federal public offices and public enterprises, or in the regional offices
related to subsidies granted by the Federal Government.
5.3 Objectives The
Commission has the following objectives: ·
In cooperation with relevant bodies, to strive to create an
aware society where corruption will not be condoned or tolerated by
promoting ethics and anti-corruption education; ·
In cooperation with relevant bodies, to prevent corruption
offences and other impropriety; ·
To expose, investigate and prosecute corruption offences
and impropriety. With a
view to creating a national, holistic, inclusive, and cohesive
anti-corruption framework within which all parties and stakeholders
actively take part in the national struggle against corruption, a draft
anti-corruption policy has been developed recently. The roles of major
stakeholders in the fight against corruption are clearly defined in the
draft policy. It exhaustively outlined the roles of the executive, public
and financial sectors, non-governmental organizations and community
groups, donor agencies, media, and civil society organizations. The
draft policy has been prepared by taking into consideration the
fundamental tenets and principles expressed in the Constitution of the
Federal Democratic Republic of Ethiopia. In fact, it stated the role of
the draft policy to the furtherance of the continuous development and
sustainability of mutually supportive conditions for ensuring respect for
our rights and freedoms and for the collective promotion of our interests.
This has been clearly expressed in the preamble of the current
Constitution. It also supports the economic vision of the Country to
alleviate poverty. The
policy, by citing international best practice, underscores the fact that
the most effective counter-action to corruption is to adopt the
three-pronged approach, which has been at the heart of the Commission’s
anti-corruption strategy. According to the draft policy, education,
prevention, and enforcement are the complementary and mutually supportive
building-blocks of the national anti-corruption struggle. The policy also
requires all concerned parties to accept a fair share of their
responsibility and adopt the three core building-blocks, around which
their own ethics and anti-corruption strategies are to be constructed.
5.5 Strategic Plan
With a view to discharging its duties and responsibilities
effectively and efficiently, the FEACC developed and introduced a
four-year strategic plan in 1998 (Ethiopian Calendar) focusing major
attention on six key issues. The six critical and strategic issues which
were identified in the development of the four-year strategic plan are
capacity building, prioritizing major tasks, establishing an efficient
service delivery system, forging strong partnership with pertinent bodies
and stakeholders, establishing an integrated information system and
fighting HIV/AIDS. The Commission is making preparations to develop
another strategic plan, as the existing one is on the verge of completion.
5.6 The Major
Powers and Duties The
Commission has, among others, the following powers and duties: In
cooperation with relevant bodies, to combat corruption and impropriety by
raising public awareness about the disastrous effects of corruption and by
promoting ethics in public services and among the society. It is also
duty-bound to prevent corruption by studying the practices and working
procedures in public offices and public enterprises thereby ensuring the
revision of methods of work, which may be conducive to corrupt practices.
Following the finalization of its studies, the Commission is legally
authorized to put forward corrective measures and recommendations and
follow up their implantation. According
to Article Seven of the Establishment Proclamation, the FEACC is
responsible for investigating any complaints of alleged or suspected
serious breaches of codes of ethics in public offices or public
enterprises and following up the taking of proper measures. Similarly, the
investigation and prosecution of any alleged or suspected corruption
offences specified in the Criminal Code or in other laws, where they are
committed in public offices or public enterprises, or in regional offices
relating to subsidies granted by the Federal Government to the regions,
fall within the power of the Commission. It is
also the duty of the Commission to investigate (where there is reasonable
suspicion in connection with corruption offences) and obtain information
about any bank account of suspected persons and cause the attachment, with
court order, of same where necessary. In a similar vein, the FEACC is duty
bound to freeze, by court order, the assets of any person who may be under
investigation for corruption and cause, through court order, the
forfeiture of any assets and wealth obtained by corruption or its
equivalent to the state or dispose same by or without public auction. In
cooperation with relevant bodies, the Commission has the legal power and
authority to register the assets and financial interests of public
officials and public employees compellable to do so as specified by law.
It is also responsible to protect witnesses and whistle blowers and reward
persons or offices that are successful in fighting and preventing
corruption. The tasks of preparing codes of ethics for public offices and
public enterprises (apart from legislative and judicial bodies),
undertaking research on ethics and corruption, following up the
enforcement of anti-corruption laws, supporting regions and cooperating
with similar bodies also come under the jurisdiction of the Commission.
Additionally,
the Commission is tasked with coordinating other components of the
ethical infrastructures; providing the necessary support to the public
offices and public enterprises in the establishment of ethics liaison
units; and liaising and cooperating with national, regional, and
international bodies with similar objectives.
5.7 Principles and Core Values
Our organizational values and principles are our moral
boundaries−the lines the FEACC and its members will not cross. They
are the ethical standards by which the FEACC measures itself, and by which
it invites the public to measure it. They are reflections of the
Commission’s commitment to the public to do its job in a way they would
be proud of. The FEACC is committed to live by its values and principles.
The following principles and values are critical to the Commission to
accomplish its mission and achieve its vision. 5.7.1 Principles The
FEACC promotes the following principles: Integrity, loyalty, transparency,
confidentiality, honesty, accountability, serving public interest,
exercising legitimate authority, impartiality, respecting the law,
responsiveness, and exercising good leadership. 5.7.2 Core Values It
also promotes the following values: C
Serving as an ethical model, ?
Showing
the maximum determination and
perseverance in fighting corruption, ?
Upholding
professionalism and team work, ?
Being
an equal opportunity employer, ?
Recognizing
the public as a major partner in the fight against corruption and ?
Building an ethical society. 6. Professional Mix,
Organizational Set-up, and Budget Spending The
Commission has been doing its best to acquire as many professionals and
support staff as possible. At the end of December 2009, it had 236
employees. The professional mix of the staff is so diverse that we can
find lawyers, engineers, managers, accountants, education experts, public
relations officers, media people, economists, psychologists, and other
social science experts. The FEACC is comprised
eight Directorates and three services. The directorates are identified as
Ethics Education; Public Relations; Corruption Prevention; Corruption
Investigation and Prosecution; Ethics Infrastructures Coordination; Plan,
Procurement, and Finance; Change Management; and Human Resource Management
directorates. The Services are also designated as Legal, Audit, and The
Government allocates nearly 13.5 million Birr (on average) in annual
budget for the Commission. Part of the money is spent on operational
activities the remaining section going to salary and other expenses.
Additionally, the Commission has become beneficiary of the financial
assistance from the United Nations Development Programme, under the
latter’s Democratic Institutions Assistance Programme. The assistance is
estimated at eight million Birr for three years, starting from 2008. Here
is a brief description of the Commission’s directorates and services. 6.1
Ethics Education Directorate The
major objective of this Directorate is creating an ethical society that
doesn’t condone corruption through expanding and promotion of ethics and
anti-corruption education. It is one of the core directorates that are at
the heart of corruption prevention. In discharging its responsibilities,
the Directorate uses various tools and channels of communication,
including media and different publications. It also gives face-to-face
ethics and anti-corruption education. Simply put, all the activities and
efforts of this Directorate are geared towards the effective prevention of
corruption through the enhancement and expanding of ethics and
anti-corruption education. Currently,
the Directorate has 33 members in total. In full capacity, it will have
some 45 professionals. As to their educational background, members of the
staff have held diplomas, first degrees, and second degrees in the areas
of languages and literature, art and graphics, education, political
science and international relations, curriculum development, and
communications. These professionals have various levels of experience in
the areas of teaching, curriculum development, journalism, communication,
public relations, etc. 6.2
Corruption Prevention Directorate This
Directorate is duty-bound to prevent corruption offences and other
improprieties in cooperation with relevant bodies. In order to do so, it
studies the practices and working procedures in public offices and public
enterprises, thereby ensuring the revision of methods of work, which may
be conducive to corrupt practices. Upon the completion of the studies, the
Directorate consults the subject public offices and enterprises and other
stakeholders, puts forward corrective measures and recommendations and
follows up their implementation. The
Directorate is also duty bound to conduct studies and researches on
corruption so that other directorates and services of the Commission will
be able to base their activities based on the outcome of such studies. It
also offers consultancy service to other sectors and stakeholders on
fighting and preventing corruption. The Directorate also conducts
unanticipated and sudden examination of working procedures (during
tendering, for example) in public offices and enterprises if it is tipped
that a certain activity is being carried out in a way that is conducive to
corruption because of lack of transparency and accountability. Such an
intervention before the suspected corruption is committed is an important
component of the Commission’s corruption prevention programme. In
sum, the Directorate is in charge of carrying out the following
activities: ·
conducting researches on corruption prevention, ·
Distributing and dispatching findings of researches and
studies, ·
Studying and examining working procedures and processes in
key service delivery institutions in a comprehensive manner and ·
Consulting stakeholders on preventing and fighting
corruption. The
recipients of the services of the Directorate include government
departments, regional anti-corruption institutions, ethics liaison units,
non-governmental organizations, private sector, and other stakeholders. The research findings of the Department are believed to be very helpful in basing the Commission's activities on research findings, thereby raising its overall performance and efficiency. Presently, the Corruption Prevention Directorate has 22 professional staffers in total. In full capacity, it will have some 37 professionals. 6.3
Corruption Investigation and Prosecution Directorate The
Corruption Investigation and Prosecution Directorate is authorized to
investigate or cause the investigation of any alleged or suspected
corruption offences where they are committed in public offices or public
enterprises or in the regional offices relating to subsidies granted by
the Federal Government to the regions. It is also obliged by law to
investigate or cause the investigation of any complaints of alleged
serious breaches of the codes of ethics in public offices or public
enterprises and follow up the taking of proper measures. The
Directorate receives tips-off from whistle blowers on alleged corruption
offences and ethical infringements, investigates them in the order of
their seriousness. If it deems it necessary, it may require of any federal
or regional public office or enterprise to produce relevant documents and
provide appropriate information for the examination of practices and
working procedures. Accordingly,
any public official or public employee is obliged by law to show or
produce relevant documents or information when requested by the
Directorate. Moreover, the former are duty-bound to report to the
Directorate where they have a reasonable suspicion that corruption
offences are or are about to be committed. The Directorate, on its part,
is responsible to provide physical and job security protection for
witnesses and whistle-blowers. Investigators are duty-bound to apply to
courts for restraining order on any property acquired through the
Commission of corruption offences. Once
the investigation of cases is finalized, the Directorate will press
charges against any alleged or suspected corruption offences (where they
are committed in public offices or public enterprises or in the regional
offices relating to subsidies granted by the Federal Government to
regions). It is also authorized to freeze, by court order, assets and
wealth that are allegedly obtained through corruption and cause (through
court order) their forfeiture and confiscation. If the
court verdict goes in its favour, the Directorate shall dispose the assets
and wealth (by or without public auction) and transfer them to the
Government. The Directorate works in close collaboration with Courts,
prosecutorial organs, and other stakeholders. Currently, the Directorate
has 69 staffers in total. In full capacity, it will have 138
professionals. 6.4
Directorate for the Coordination of Ethics
Infrastructures This
Directorate is tasked with coordinating the activities of the Commission
with that of major stakeholders (ethics infrastructures) in the fight
against corruption. It spearheaded the establishment of joint
forums with the media, regional anti-corruption bodies, professional
associations, mass organizations, and law enforcement agencies. It also
facilitated the founding of the National Anti-corruption Coalition in
which almost all stakeholders are members. Currently, the Directorate has seven staffers in
total. In full capacity, it will have 21 professionals, including the ones
that will be based in the Dire Dawa Branch Office of the Commission. The
Directorate is in charge of coordinating the following major stakeholders
and ethics infrastructures: ·
Regional ethics and anti-corruption commissions, ·
Ethics Liaison units in government departments and public
enterprises, ·
Joint forums of the Commission and stakeholders(that are
mentioned above), like the media, ·
The National Anti-corruption Coalition which was founded on
July 4/2009, ·
Public offices (police departments, prosecutorial bodies,
courts, ombudsman and human rights agencies, auditor generals, and
parliaments, etc) that
are in charge of probing, investigating, and prosecuting crimes at federal
and regional levels, ·
Ethics and civic education clubs, ·
Civil society organizations, ·
Professional associations, ·
Media and religious organizations, etc. The Directorate extends support to
the above-mentioned organizations in the following areas:
In
return, the Commission needs to get the following services from them:
6.5 Human Resource
Management Directorate The
Human Resource Management Directorate is tasked with developing the
Commission’s human resource capacity through employment and transfer. It
is also responsible to build the capacity of its staff through various
training and awareness raising programmes. Issues related to credentials,
promotion, benefits, record, pension and leave of absence are also handled
by the same Unit. Currently, the Human Resource Management Directorate has
12 members of staff. In full capacity, it will have 14 professionals. 6.6
Planning, procurement, and Finance Directorate The
Planning, Procurement, and Finance Directorate is in charge of planning,
organizing, coordinating, and managing the Commission’s fiscal and
financial activities. Planning
recurrent activities, making projections for special projects, and
monitoring and evaluation of various activities are the planning aspects
of its duties. It further engages in procurement and property
administration and financial management of the Commission. It
prepares fiscal and financial plans, develops projects and follows up
their implementation, and prepares reports. It deals with procurement
processes, including preparation of procurement plan, ensuring the
availability of supplies and various materials and administering them
effectively, and properly supporting the functions of the different
directorates of the Commission. It also disburses funds and ensures proper
maintenance of book of accounts, including its timely auditing. Moreover, the Directorate develops medium-term strategic plan of the Commission, along with the proposed action plan, and ensures its approval by the Commissioners. It advises the Commissioners and directorates of the Commission on the fiscal and financial plans and projects, monitoring and evaluation of plans, implementation of projects, procurement and property administration, and financial management issues. It has 19 members of staff. 6.7
Public Relations Directorate The
major objective of this Directorate is to contribute to the achievement of
the Commission’s major objectives by effectively liaising between the
Commission and the general public. It does so by creating an aware society
(in cooperation with relevant bodies) where corruption will not be
tolerated by promoting ethics and anti-corruption education and
publicizing the Commission’s visions, missions, objectives, duties,
powers, programmes, activities, and achievements. It is duty-bound to
promote the Commission’s objectives and activities through various
outlets thereby garnering public support in the fight against corruption.
It also undertakes impact assessment projects on public opinion on the
Commission’s activities. It also plays a central role in making the
issue of preventing and fighting corruption a popular agenda. In
discharging its responsibilities through the dissemination of timely and
current information, the Directorate uses various tools and channels of
communication, including media, posters, fliers, brochures, stickers,
billboards, news letters (internal and external) and magazines. The
Directorate has 16 members in total. In full capacity, once BPR is
conducted on its activities and work flows, it will have more
professionals than it currently has. 6.8
Change Management Directorate The
newly-established Directorate is tasked with following up the
implementation of the Commission’s activities and plans in accordance
and conformity with the work directives and principles formulated
following the conducting of the BPR recently. It is also duty-bound to
make sure that the Commission’s activities are undertaken in line with
the on-going national Civil Service Reform Programme. If it finds it
necessary, it may propose corrective measures in the implementation of the
Commission’s programmes and plans in accordance with the Civil Service
Reform Programme and the BPR-borne new work directive. It may also design
proposals for improving working procedures in the Commission’s
directorates, services, and other divisions. The
Directorate will centrally gather, store, analyze, and manage all the
information on the Commission and its activities and disseminate same to
the directorates and services of the Commission, with or without request,
as the case may be. Additionally, it is duty-bound to table the
information it gathered and analyzed for discussion among the members of
the Commission’s management and the staff quarterly. Moreover, it is
also responsible for designing proposals for improving working procedures
of the commission. The
Directorate is responsible for seeking out and looking for new working
procedures and methods of work from within or outside the country and
adopting them, if it finds them congruent with the newly introduced
working procedures in the Commission. It will also oversee and follow up
the implementation of new working procedures and the system of balanced
score card. The Directorate is tasked with conducting baseline surveys and
impact assessment projects to measure the level of satisfaction of all
stakeholders in general and the public in particular with the
Commission’s performance. The Directorate also manages the
Commissioner’s and Deputy Commissioner’s Offices. The Information
Technology Unit takes charge of equipping the Commission and its staffers
with appropriate information technology. Currently, the department is
under reengineering and is subject to structural change once the
reengineering processes are finalized. Currently,
the Directorate has 15 members of staff. 6.9 Services
The
Internal Audit Service audits the financial documents and performances of
the various directorates and services. It then presents the report to the
Commissioner. The Service examines the authenticity, legitimacy and
validity of the financial documents and declarations, makes
recommendations based on its assessments, and follows up the
implementation of the recommendations. The
Legal Service, on its part, provides legal advice to the Commissioner,
Deputy Commissioner, and other directorates of the Commission; drafts
laws, regulations, directives, etc. and comments on same when prepared by
others; represents the Commission on legal matters before courts,
administrative tribunals, etc. It
also detects possible bottlenecks in laws, regulations, and directives in
force and proposes amendments if need be. It also prepares contract
documents and comments on same when prepared by other parties. Other
activities related with the UN Convention Against Corruption and the
African Union Convention on Preventing and Combating Corruption are also
taken care of by this service. The newly established 7. Recruitment and
Employment of Officers The
FEACC exercises extreme caution in the recruitment and employment of
employees. Following the announcement of vacancies on government papers,
the FEACC receives application packages from applicants. Then, the work
experience, academic achievement, and background of the applicants will be
seriously assessed. Subsequently, the ones with relevant experience,
better academic achievement, and clean background will be short-listed.
Finally, those with better cumulative results (measured against the three
criteria) will be recruited to the posts from among the short-listed
applicants. It is worth noting that any applicant with unethical
background will be immediately rejected. Once employed, the employees are expected
to adhere to the Commission’s work and code of ethics. Apart from
expertise, commitment and professionalism, they are also expected to
maintain a consistent integrity and clean image so that the public’s
confidence in the Commission is sustained. The Commission cannot tell the
public to maintain integrity if some of its employees are behaving
unethically and immorally. That is why disciplinary action is taken
without any compromise and tolerance against any employee found to have
contravened the Commission’s code of ethics. One of the new approaches taken after the
BPR is the conducting of induction training programmes for new starters.
The induction trainings are given to ensure that new starters are retained
and settled in quickly. The induction training process offers the best
opportunity to help new recruits integrate into the work environment more
quickly. The trainings will also enable them to be productive as soon as
possible. The trainees will be able to understand the Commission’s
mission, vision, objectives, and values. Additionally, they will have a
firm understanding of the jobs they are required to do with clear methods,
time scales, and expectations. The trainings will help the new employees
do their jobs better and quicker. In summary, the induction trainings will
include the following elements, among others: ·
·
Job training relating to the role that the new starter will
be performing; ·
Background information about the Commission; ·
Departmental structures and interfaces; ·
Facilities and amenities; ·
Work manuals related to their respective professions and
job descriptions; ·
Rights, obligations, code of ethics, and other legal
issues; ·
Grievance and discipline procedures; ·
Career paths, trainings, and other benefits; ·
Performance reporting and evaluation and 8.
Approaches to Fighting Corruption in The
Ethiopian Government has adopted the preventive approach as a major course
of action and line of thought in its fight against corruption, with
curative measures reinforcing it. Given the cost-effective, sustainable
and participatory nature of this approach, no wonder the government took
it as a primary direction of stamping out corruption at the national
level. The
FEACC is of the conviction that expanding ethics and anti-corruption
education among the public and plugging loopholes in the working
procedures of public offices and enterprises should be at the heart of
preventing corruption offences. It is for this very reason that the
Commission is currently launching wide-ranging awareness raising
programmes through formal and informal ways. With a
view to preventing corruption before it is committed, the FEACC examines
the working procedures in government departments and public enterprises
thereby plugging loopholes, which may be conducive to corrupt practices.
It has also been taking curative measures to make sure that corruptors
didn’t get away with their corrupt activities and offences. 9.1
Expanding Ethics and Anti-Corruption Education Since
its establishment in May 2001, the FEACC has given face-to-face ethics and
anti-corruption education for more than 135,000 Ethiopians drawn from
various cross-sections of the society. In this regard, one of the
approaches taken was to give sustainable and organized training on ethics
and corruption prevention to a limited number of trainees who may be drawn
mainly from public offices and enterprises and other ethics
infrastructures. Then, these trainees will, in turn, train the greater
public in their respective areas of concern. Understandably, therefore,
this approach is important to multiply the skills and knowledge (received
by a limited number of trainees) on fighting and preventing corruption
among thousands of Ethiopians. The training programmes focus on equipping
the trainees with the basic knowledge and skills on anti-corruption laws
and strategies, corruption prevention strategies, and codes of ethics for
civil servants and their managers. What is more, there are standardized
training manuals under the new system. The ethics and anti-corruption
education is being offered based on and supported by practical examples
and real experiences. Such an approach is believed to motivate the public
to participate in the struggle against corruption actively. Furthermore,
the Commission is trying everything in its capacity to base its ethics
education programme on research findings. It is also trying to be creative
in employing various training methodologies during training of trainers.
In this regard, the Commission is prepared to use the media aggressively
in raising public awareness on providing tips-off, whistleblowers
protection, and achievements of the Commission. Additionally,
it reached millions of Ethiopians through the media and tried to raise
public awareness on the dire need to fight corruption. It also played a
key role in the inclusion of ethics and civic education in the Country's
formal education curriculum and the establishment of ethics and civic
education clubs in schools in collaboration and partnership with the
Ministry of Education. The
establishment of ethics liaison units in 267 public offices and
enterprises has also contributed to the expansion of ethics education and
prevention of corruption, at least in those offices and enterprises. It
also played a significant role in the development of textbooks and other
materials on ethics and civic education. Moreover, awareness-raising
programmes have been launched through the media. With a
view to enhancing the expansion of ethics and anti-corruption education,
the Commission produced and distributed over half a million brochures,
magazines, fliers and posters among government departments, public
enterprises, and the general public at large. It has also been preparing
and distributing an internal monthly newsletter, namely “Guadachin”
among the Commission’s staff. In an attempt to inform the diplomatic
community, donors, international NGOs,
anti-corruption watchdogs, and development partners on the on-going
anti-corruption struggle, the FEACC has been issuing an external
bi-monthly English newsletter, namely “Insight”. As enshrined in the amended Establishment
Proclamation of the Commission, examining the practices and working
procedures in government departments and public enterprises and plugging
loopholes that are believed to be conducive for corrupt practices is at
the heart of the Country's corruption prevention programme. So far, the
Commission examined the practices and working procedures in more than 117
government departments and public enterprises, put forward corrective
measures and followed up the implementation of the recommendations. Among the departments and enterprises
whose working procedures were examined included the Ethiopian
privatization Agency; Ethiopian Airlines; Addis Ababa University;
Ethiopian Insurance Corporation; Commercial and Development Banks of
Ethiopia; former Federal Disaster Prevention and Preparedness Agency;
former Customs Authority; Roads Authority; Telecommunications and Electric
Power Corporations; Ministry of Mine and Energy; and former Ministry of
Youth, Sports, and Culture. Researches were also conducted on
procurement and petrol consumption in government departments and public
enterprises after which corrective recommendations were given. The
Commission was also following up the implementation of the recommendations
by the respective public offices and enterprises. To make future projects
in this area more fruitful and successful even before the implementation
of the BPR, the FEACC developed guidelines for prioritizing the
examination of the working procedures and practices of public offices and
public enterprises in their order of urgency and seriousness. In the face of severe capacity
limitations, the FEACC cannot examine the practices and working procedures
in all public offices and enterprises at a time and put forward corrective
measures and recommendations. Unsurprisingly, therefore, it had to
prioritize its target areas and guide the reviewing and examination of
working procedures in public offices and enterprises based on the priority
it set and the guidelines it put in place. Therefore, putting the susceptibility
index of the public offices and enterprises in place had to come first.
The FEACC used the following three criteria to determine the degree of
susceptibility of public offices and enterprises to corruption:
Vulnerability to corruption, impact of corruption, and scope of
corruption. Based on the afore-mentioned criteria, the
FEACC came up with a susceptibility index classifying public offices and
enterprises engaged in collecting taxes and revenue, building
infrastructures, providing licenses and work permits, allocating land and
managing the construction sector as the most corruption prone ones. Under
the second category came courts, organizations that had a monopoly on
providing a certain service, law enforcement departments, import-export
organizations, loan and insurance enterprises and distributors of goods.
The remaining public offices and enterprises fall under the third
category. The FEACC has also begun reviewing the
practices and working procedures of key public offices and enterprises by
assigning experts on permanent basis. Such public institutions, which are
believed to be pivotal in public service delivery, need to be given
special emphasis. Just to high light the common steps followed in
examining the working procedures, the
Commission will examine working procedures in limited and specified areas
(which are believed to be conducive for corruption in a certain
organization), not the entire organization. Such a technique is believed
to be worthwhile for the following reasons: Firstly, the specific area to be examined
will be identified right from the very beginning, rendering the conduction
of a preliminary survey to identify a specific area for examination
worthless and irrelevant. Secondly, the examination will be conducted only
on a specific activity, where there are loopholes for committing
corruption. We will not try to examine an ocean of activities in a certain
working procedure, as was the case in the former system. As a result, we
won't waste a lot of time and energy on gathering and organizing data and
information that may be useful for the examination of an entire working
procedure from the very beginning to the end. Thirdly, an expert will be assigned to
review working procedures only in a specific activity and in a specific
period of time, enabling him/her to prepare and submit his/her own report
on his/her specific project within a relatively shorter period of time.
The briefness of the report (as it is limited to a specific activity) will
make things easier for report evaluators to finalize their assessment of
reports as early as possible. In addition, clear recommendations and
corrective measures, which can be practically implemented, will be
proposed. It will also be easier to follow up the implementation of such
recommendations and corrective measures. This will also enable the
Commission to cover a lot more public offices and enterprises than before
in examining the working procedures and practices in them. The
Commission has also been doing its best to upgrade the capacity of ethics
officers to the desirable level through training and experience sharing
programmes so that they can examine working procedures that are believed
to be conducive to corruption in their respective public offices and
enterprises. 9.3
Investigating and Prosecuting Corruption Offences
9.3.1
Channels and Mechanisms for Making Corruption
Complaints The FEACC established channels and
mechanisms of making corruption complaints. Whistle blowers can present
their complaints about alleged corruption offences, ethical infringements
and improprieties in person, on telephone, through e-mail, on fax and
through post office. Their identity could be withheld upon their request.
The FEACC will, in no way, disclose their identities without their
permission and against their will. If the complainants prefer to present
their complaints in person, they can directly turn up and do so
physically. If they want to blow the whistle on alleged corruption on fax,
they can use 0115536991. The
e-mail and postal addresses of the Commission are
feacinv@ethionet.et and
34798/9 respectively. For those who want to do it on telephone, the FEACC
has already set up a new hotline (988) at which they can call and inform
it about their cases free of charge. The
Commission provided the public and other stakeholders with clear and
sufficient information on the channels, mechanisms and procedures of
presenting their complaints to it through various publications and the
media. Just to outline the procedures briefly, the complaints will be
received by officers assigned for this very purpose. Then, some sort of
analysis will be made to check whether the alleged offences are in deed
corruption offences or not. In this regard, it should be noted that
whistle blowers have every right (whether their tips-off fall within the
Commission's jurisdiction or not) to know about the status of the cases
which they have brought to the Commission. Afterwards,
the Commission is duty-bound to identify those cases which come within its
jurisdiction and transfer them to the Department of Investigation for
further examination and scrutiny. Subsequently, the FEACC will press
charges against those cases which are well-substantiated. Regarding the
cases which fall out of the Commission’s jurisdiction, they will be sent
to the concerned bodies and organizations.
9.3.2 Achievements
Made As far as the achievements made through curative
measures (investigation and prosecution of corruption offences) are
concerned, the FEACC made some
encouraging accomplishments in the last eight years. So far, it
investigated a number of alleged corruption offences and prosecuted
offenders some 300 of whom received from 1-19 years of imprisonment. The
FEACC has already hammered out a carefully-worked out plan to improve the
mix and diversity of its professionals in the Investigation Department.
Whistle-blowers tip us off corruption offences that are allegedly
committed in a number of public offices and public enterprises. Obviously,
investigating such cases requires the skills and knowledge of a mix of
professionals from various areas of specialization. That is why increasing
the diversity of professionals is high on the agenda of the Commission. In
parallel with this, the FEACC is prepared to raise the capacity of its
investigators to the required level through sustainable training. One
other trend that needs to be changed in the years to come is the
dependency of the Commission (almost entirely) on whistle blowers for
spotting alleged corruption offences. The FEACC has, therefore, been
considering the option of developing its own intelligence and surveillance
system for spotting and identifying reputed corruption offences thereby
complementing the good job the whistle blowers are doing. Putting such a
system in place will enable the Commission to identify a good number of
suspected corruption offences by its intelligence and surveillance unit. Previously,
all sorts of tips-off (whether
they fall within or out of the Commission's jurisdiction) brought by
whistle blowers had to be presented to the Director of the Corruption
Investigation Department for decision on the jurisdiction of the
Commission on them. Such a time-consuming procedure was, no doubt,
delaying the process thereby denying whistle blowers a timely and quick
response on the status of their cases. To curb the problem, therefore, we
have established a new mechanism whereby tips-off that fall out of the
Commission's jurisdiction should be fully dealt with by the Registrar
Office of the Corruption Investigation and Prosecution Directorate. The
new procedure has the following advantages:
First,
whistle blowers will learn immediately whether their case comes within the
Commission's jurisdiction or falls out of it. If they have complaints to
file on the decision made in relation to their cases, there are mechanisms
through which they can do so. Secondly, it will give investigators in the
Registrar team to do a job that matches the level of their professional
qualification and competence. It will also help them devote their full
time to dealing with cases that fall within the Commission's jurisdiction
only. Formerly,
also, prosecutors used to examine cases only after investigators finalized
the investigation of those cases and sent the final results to them. In
those days, files had to be sent back and forth between investigators and
prosecutors for further investigation and explanation. Besides, the cases
had to pass through various levels of leadership before they were readied
for prosecution. Such unnecessary and redundant process steps used to
consume a lot of time, energy, and resources. Under
this system of investigation, mechanisms whereby prosecutors can
participate in the investigation of cases right from the beginning have
already been put in place. According to this procedure, prosecutors should
give investigators a general guiding direction right from the beginning
(without intervening in the professional independence of the latter) as to
how the investigation of alleged corruption cases should be carried out.
Such a system is believed to have the following advantages over the
previous one: For
a start, the participation of prosecutors in the investigation of cases
right from the beginning will help the Commission save a sizable amount of
time, energy and resources that would have been wasted on gathering and
organizing irrelevant information that doesn't contribute to the effective
prosecution of cases. Secondly, the fact that the investigation of cases
are conducted with the support and guidance of prosecutors will
significantly reduce the probability of returning cases (by prosecutors)
back to investigators for further investigation. Thirdly,
the assignment of a particular investigator and a supporting prosecutor to
the full investigation of a particular case right from the beginning will
reduce the frequency of the movement of files back and forth among many
individuals. As the prosecutor is involved in the investigation of the
case right from the beginning and knows it very well, he will be able to
pass a swift decision upon the completion of the investigation on whether
the case is sufficiently substantiated for prosecution or still lacks in
supportive evidence for prosecution. Previously,
there was a pre-investigation stage where cases were identified for
prosecution and where there was a relatively little accountability for
throwing out cases without deep investigation. This stage was also
time-consuming. These days, the pre-investigation stage is not at all
necessary, as the prosecutors will follow up the cases right from the
beginning of the investigation. As mentioned earlier, the partnership of
the prosecutor and the investigator will significantly enhance the
effectiveness and efficiency of the investigation of corruption offences.
Formerly,
prosecutors were tasked with examining files and prosecuting alleged
corruptors, at the same time, in a court of law. The double assignment
would, no doubt, reduce the overall effectiveness and efficiency of
prosecutors, as they were wasting the biggest chunk of their time sitting
idly in court rooms until it was their turn to defend their cases. We
have, therefore, grouped prosecutors into two: Those responsible for
dealing with cases in courts and those in charge of examining cases in
office. Such a separation of duties and responsibilities has the following
advantages and benefits: Prosecutors
that are responsible for taking care of cases in Courts will have the
freedom of spending their full time on prosecutorial matters, which in
turn will enable them to bring more cases to courts than before. It will
also considerably reduce the amount of time they were wasting waiting for
their turns in court rooms. Similarly, prosecutors that are in charge of
examining cases in office won't be involved in the prosecution of
corruption offences in court of law. Instead, they will focus only on
examining and reviewing cases assigned to them on full time basis. This
will enhance their efficiency and effectiveness in terms of time and
quality. It will also enable them to provide investigators with the
support they may need in investigating cases right from the beginning to
the end. Formerly,
all sorts of activities related to making appeals to pertinent courts
against some cases and presenting formal request to courts for letters of
summons, a copy of verdicts given and other issues were carried out by
investigators or prosecutors. Such assignments have taken much of their
time, which they could have used to discharge other professional duties
and responsibilities. Presently, such activities will be carried out by
individuals assigned to the jobs on permanent basis. Such a system will
enable the investigators and prosecutors to spend their full time on
investigating and prosecuting corruption offences. Currently,
the Prosecution Department has given more emphasis on rating its
performance based on the number of cases it may win in courts, not on the
number of cases it may take to courts. Therefore, the Department will do
the best it can to raise the conviction rate of the cases it takes to
court. The Commission will delegate the investigation and prosecution of
some corruption offences to other investigating and prosecuting organs so
that it can focus on tackling grand corruption. Among
the convicts were high profile government officials, including the former
Prime Minister, Defense Minister and Head of Government Enterprises and
Privatization Agency. Some senior bank and telecom managers, land
administration officials, and senior judges were also among the culprits.
We believe that such cases are more than enough to prove the Government's
seriousness and political commitment in dealing with corruption and
impropriety. Currently,
also, the Prosecution Department of the Commission has some 200 pending
cases in the regional and federal Supreme and High Courts.
More
than 1,162,345 square meter of land (worth more than 2 billion Ethiopian
Birr), nearly 4.6 million USD, 81 Kg of gold,
32 residential houses and four other buildings and 35 vehicles, among
others, have also been restrained on court order.
What is more, two factories (flour and soap factories) that were
believed to have been obtained through corruption were transferred to
government ownership on court order. In
addition to other means and mechanisms of detecting alleged corruption
offences, the FEACC received nearly 12,000 tips-off on alleged corruption
offences from whistle blowers. Decisions were also made on dealing with
the cases by the Commission and other pertinent law enforcement bodies.
With a view to encouraging whistle blowers to continue to blow the whistle
on corruption and impropriety, the FEACC has been doing everything in its
capacity to protect them from any retaliatory actions that corruptors, on
whom they may blow the whistle, may pose on them. Many of them were given
job security protections in the last six years or so. In
order to provide the protection through a firmly established legal
framework, the Commission initiated the formulation of a draft “Whistle
Blowers and Witnesses Protection Proclamation”. Upon implementation
following its approval by the House of Representatives, the proclamation
is believed to ensure the protection of whistle blowers in a more reliable
and comprehensive manner. So far, the Commission has given protection to
nearly 40 whistle blowers and witnesses.
9.4 Currently, the Commission has 236
employees. The FEACC has a strong conviction that it should build its
capacity to the desirable level to realize its objectives and fulfill its
mission. In this regard, the efforts exerted in the areas of developing
training manuals and modules, internal regulations and directives, revenue
and expenditure manuals and the four-year strategic plan were particularly
worth mentioning. The implementation of the civil service reform programme
and the internal and external audit recommendations was also part and
parcel of the capacity building programme. The provision of trainings and the
organization of study tour programmes for members of the Commission's
staff were particularly important. The training programmes were given in
the areas of good governance, communications, media, public relations,
democratization and development processes, transparency, anti-corruption
endeavours, procurement management, report writing, information system,
law enforcement, investigation and prosecution of corruption offences,
project planning and execution, basic managerial skills, integration and
coordination of activities, project
monitoring and evaluation, provision of support to stakeholders and
regional ethics and anti-corruption commissions, and building partnership
with stakeholders in the fight against corruption. The
establishment of procedures and standards for guiding the investigation of
alleged corruption offences and the development of codes of conduct and
administrative regulations and procedures for handling disciplinary cases
and grievance-related problems within the Commission itself were also
components of the capacity building programme. The methods and working
procedures in the entire human resource development programme have been
reengineered. It has been clearly stated in the new system that all the
training programmes should be designed and implemented based on the human
resource needs and requirements of the Commission's departments and
services. They should also be problem-solving and tailor-made. They must
also be easy to evaluate in concrete and tangible terms. 10. Working in Partnership with
Stakeholders Since
its inception, the FEACC has been working in close partnership and
collaboration with various stakeholders, including donors, development
partners, civil society organizations, media, religious groups, ethics
liaison units, regional states, foreign governments and public offices and
enterprises. The police, courts, Institution of Ombudsman, Human Rights
Commission, Auditor-General, Parliament and the Prime Minister’s Office
are some of the Commission's partners. Domestically,
for example, the civil society has been participating in the organization
and launching (though not to the desirable level) of training programmes
as were religious groups in expanding ethics and anti-corruption
education. The media were also supportive (though not to the required
level) of the anti-corruption campaign in raising public awareness and
blowing the whistle on corruption and impropriety. The Ministries of
Capacity Building and Education have also been working with the Commission
in the areas of capacity building and expanding ethics education
respectively. Similarly,
some development partners and foreign governments have been extending
support in sponsoring study tour and training programmes and sharing
experience. The Governments of the The
Commission's partnership with regional states is not hierarchical. The
anti-corruption bodies in the regional states are autonomous and
independent. The FEACC has been working in collaboration with them in its
fight against corruption and impropriety. It has for, example, been
extending support to them in the areas of training and capacity building. Experience
sharing has also been high on the agenda of the FEACC and regional ethics
and anti-corruption Commissions. In this regard, the collaborative work
the Commission has been undertaking with the Tigrai; Amhara; Gambella;
Oromia; Benshangul-Gumuz; Harari; and the Southern Nations, nationalities
and Peoples Regional States is worth mentioning. The
FEACC has also been working in close collaboration with 267 ethics liaison
offices in government departments and public enterprises, the duty of
which is to deal with ethical issues, examine working procedures that are
believed to prone to corruption in their respective public offices and
enterprise, facilitate the anti-corruption struggle in their respective
public offices and advise the management on fighting corruption. The FEACC
provided the ethics officers in the liaison units with trainings, material
resources and advice. With a view to enhancing their performance, a
regulation guiding their operations and activities has already been put in
place. Civil society organizations are also believed to be key stakeholders in the fight against corruption and impropriety. The Ethiopian Government has expressed readiness at various occasions to enhance the participation of the civil society in the campaign against corruption. That is why the FEACC has been doing its best to enhance the participation of the civil society in the fight against corruption.
The
FEACC has so far launched many consultative workshops (in the presence of
civil society organizations) in an attempt to strengthen collaborative
efforts with them. It also
left the door open for them to present any ideas and recommendations that
might help strengthen the anti-corruption campaign. Additionally, the
FEACC has established a good working relationship with both the private
and government media. The FEACC has always been doing its level best to
provide them with sufficient information regarding the on-going
anti-corruption movement. The
Commission wants to further strengthen its relationship with the media,
which is believed to be the most important watchdog for exposing and
monitoring corrupt practices and improprieties. In fact, the Commission
will do everything in its ability (in collaboration with other concerned
bodies) to enhance the creation of vibrant and vigorous media in the
country that can help fight corruption with better efficiency and
effectiveness. We
also want to reinforce our ties with religious organizations in the years
to come. We attach a very high premium on the role the religious leaders
and respectable personalities can play in expanding ethics and
anti-corruption education among the faithful thereby hindering the spread
of corruption. We
also want to boost our partnership with associations working on promoting
the causes of the Ethiopian women, who bore the brunt of corruption more
than any other section of the society since time immemorial. The youth,
who have significantly immense role in shaping the Country in every
aspect, will also be encouraged to participate actively in the fight
against corruption in an organized manner. Similarly,
professional associations are high on our list of major stakeholders. In
our judgment, they should particularly be the Commission’s key partners
in drafting and developing professional codes of ethics in various areas.
The preparation and effective implementation of such codes of ethics will
be of paramount importance in preventing unethical and unprofessional
practices in various professions and areas of specialization. This will,
in turn, contribute significantly to the prevention of corruption at the
national level. Therefore, the FEACC is highly interested in working in
close partnership and collaboration with various professional
associations, which are morally and legally responsible for monitoring and
preventing unethical practices in their respective professions. To sum
up this section, the FEACC has a strong conviction that civil society
organizations are important stakeholders in the fight against corruption.
It will, therefore, continue to work in partnership with them in the fight
against corruption. Besides, the establishment of the Ethics
Infrastructures Department for the coordination of stakeholders' efforts
against corruption will no doubt enhance their collaboration with the
Commission. 11.
Formation of the National Anti-corruption Coalition
It is
no more contentious that corruption has already become one of the major
global threats. As in many other parts of the world, there are signs that
it has been taking roots in Cognizant of the serious efforts we
have been making, the public has begun to rally behind us in the fight
against corruption. They have come to realize that we are there to serve
their interests. They have come to realize, more than ever, that the
anti-corruption struggle will not succeed without their active
participation. In short, we have managed to make the anti-corruption
struggle a popular agenda. We consider such a shift in popular thinking as
the most important of all our achievements. The FEACC also established joint
forums with the media institutions and associations, religious
organizations, mass organizations, Ethiopian Chamber of Commerce and
Sectoral Associations, federal institutions engaged in promoting rule of
law, non-governmental organizations that incorporate anti-corruption as
one of their objectives, and professional associations. Establishing
bilateral forums has proved to be a good beginning. However, the process
of coalition building should be elevated to the next level. We believe
that it is a must for a country to have one national vision in addressing
corruption. It needs to have a consensual national strategy devised by all
stakeholders in the struggle against corruption. There should be a united
front against corruption, which, in turn, necessitates the establishment
of a national coalition against corruption. 11.2
Establishment
of the Coalition The
National Anti-corruption Coalition was established upon the conclusion of
a founding conference on 4 July 2009 in which almost all stakeholders were
in attendance. Broadly speaking, the coalition comprises government
departments, civil society organizations, private sector, and opposition
political parties. The representation of the founding members in the
Coalition is presented in tabular form as follows. Non-members can join
the coalition any time they want and become members.
As
can be understood from the above tabular information, government
representation in the coalition is only 31.79 per cent of the total number
of members. The civil society as a whole takes the lion’s share of the
membership representation, which stands at 48.34 per cent of the grand
total. The civil society, private sector, and opposition political parties
taken as a whole control 68.21 percent of the total membership seats. This
is a clear indication that those groups have an immense role to play in
the overall activities of the coalition. Here is some detailed information
on the representation of each block and its constituents.
I. Government
Ministries and Departments ·
Federal and
regional ethics and anti-corruption commissions…………….7x2=14 ·
Regions that
haven’t established their own ethics and anti-corruption
commissions……5x2=10 ·
Others……….24x1=24
Sub-total=48
∏ Civil
Society Organizations ·
Members of the
Joint Anti-corruption Forum established by the Commission and professional
associations………22x1=22 ·
Members of the
Joint Anti-corruption Forum established by the Commission and mass
organizations……14x1=14 ·
Members of the
Joint Anti-corruption Forum established by the Commission and the media
institutions and associations…….25x1=25 ·
Members of the
Joint Anti-corruption Forum established by the Commission and
non-governmental organizations…… 7x1=7 ·
Members of the
Joint Anti-corruption Forum Established by the Commission and religious
organizations………5x1…………5
Sub-total=73 III.
Private Sector ·
Members of the
Joint Anti-corruption Forum established by the Commission and the trade
and sector associations………………27x1=27
Sub-total=27 VI.
Opposition political parties ·
Opposition
political parties that have relatively greater number of seats in the
House of People’s Representatives…………3x1=3
Sub-total=3
Grand
Total 48+73+27+3=151 The
benefits and advantages of the Coalition are, inter alia: ü
Enhances the effectiveness and efficiency of the national
anti-corruption struggle. ü
Strengthens the institutionalization, systematization, and
accommodativeness of the national anti-corruption movement. ü
Enhances the participation of members of the coalition in
the national struggle against corruption. ü
Paves the way for putting in place a national
anti-corruption strategy that accommodates, governs and guides all
anti-corruption efforts by all stakeholders. ü
Encourages regional governments to follow suit and
facilitate the establishment of similar coalitions in their respective
states. As
Member and Coordinator of the Coalition, the Commission has so many roles
to play. As provided in its Establishment Proclamation, the FEACC is
duty-bound to lead and coordinate all anti-corruption efforts exerted by
members of the coalition and other ethics infrastructures. It will,
therefore, serve as a permanent secretariat of the coalition. It is also
required to take appropriate measures that are believed to enhance and
boost the participation of stakeholders in the struggle against
corruption. It
supports the capacity building efforts exerted by members of the
coalition. It summarizes reports submitted by members and presents a
summative synopsis of the reports to the chairperson every six months. It
presents performance reports of the Coalition to the general assembly. It
encourages non-member actors to join the Coalition and takes appropriate
measures (as may be required) that could enhance their participation as
new members. In
collaboration with the coalition members, it will do everything in its
capacity to curb any obstacles and bottlenecks that the Coalition may
face. It arranges and facilitates experience-sharing programmes so that
members of the Coalition could draw lessons and experience from their
counterparts abroad or any other body engaged in fighting corruption. It
takes other measures, as may be required, that may strengthen the
Coalition. It encourages and supports regional states to establish a
similar coalition against corruption in their respective regions. Other
members of the Coalition, on their part, are expected to participate in
the national anti-corruption struggle actively and seriously. They shall
also exert efforts (in collaboration with the FEACC) to curb any obstacles
that the Coalition may face in discharging its responsibilities. They are
also required to propose and suggest corrective measures to improve the
Commission’s leadership of the Coalition. In sum, they are duty-bound to
engage in any anti-corruption activities that are believed to make the
national anti-corruption struggle a success. 12.
The Incorporation of Anti-corruption Laws in the Criminal
Code Formerly,
anti-corruption laws were not separately treated in the Penal Code. They
were located here and there in isolation. They were inseparably mixed with
other criminal provisions, making it difficult to deal with corruption
offences in isolation using those laws. In the
former Penal Code, we could find only the definition of corruption some
where in it. There was no mention as to which offences fall under the
category of corruption offences and which ones come under other
classifications. This created loopholes in the judicial system and law
enforcement organs and became a source of disagreement between and among
the prosecutors, investigators and judges as to which criminal offences
are corruption offences and which ones are not. There was, therefore, much
leeway and possibility for corruptors to go unpunished. To
make matters even worse, there weren’t clear provisions to address some
of the corruption offences. It was, therefore, very difficult to prosecute
some of the globally serious crimes like terrorism, drug trafficking and
money laundering. The afore-mentioned problems, compounded with other
deficiencies in the Old Penal Code, prompted the Ethiopian Government to
amend it as part of the on-going judicial reform. As a
Government serious about tackling corruption, the Ethiopian Government did
everything in its capacity to include all anti-corruption provisions in
the amended Penal Code (which came into effect as of 9th May
2005), covering almost all sorts of corruption offences. Some 23 articles
are included in the New Criminal Code to address the issue of corruption
in isolation. Most importantly, a good number of anti-corruption laws are
placed together. There are also provisions stating which offences fall
under the category of corruption offences and which ones come under other
categories. This sealed off the afore-mentioned loophole in the legal
system, making it difficult for corruptors to get away with their criminal
acts. The preparation of the draft proclamations for the registration of assets and financial interests of public officials and other public servants and the development of codes of conduct for civil servants could also be taken as major undertakings. The formulation of a draft proclamation on the selection of awards for persons or offices that are successful in fighting and preventing corruption was also an encouraging achievement. The decisive measures taken by the Government have, no doubt, contributed to the enhancement of the on-going anti-corruption struggle. 13.
Types of Corruption Offences According
to the new Criminal Code of the Federal Democratic Republic of Ethiopia,
which included some 23 articles on the issue of tackling corruption, the
following criminal acts, among others, are presumed to be corruption
offences.
13.1Corruption Crimes Committed by Public
Servants Abuse
of power, acceptance of undue advantages, maladministration, unlawful
disposal of object in charge, appropriation and misappropriation in the
discharge of duties, traffic in official influence, illegal collection
(e.g. taxes) or disbursement,
undue delay of matters, taking things of value without or with inadequate
consideration, granting and approving license improperly and possession of
unexplained property fall under the category of "Corruption Crimes
Committed by Public Servants in Breach of Trust and Good faith".
13.2 Crimes against Public Office by Third
Parties Soliciting
of corrupt practices, giving things of value without or with inadequate
consideration, acting as a go-between, using pretended authority and
traffic in private influence come under the section "Crimes against
Public Office by Third Parties".
13.3 Others In
addition to the above-mentioned ones, the crimes of corruption also
include corrupt electoral practices, forgery or falsification of public or
military documents, aggravated breach of trust, the commission of and
aiding in money laundering, and aggravated fraudulent misrepresentation
committed by public servant. 14. Observing
Continental and International Conventions Corruption
is no longer a local matter but a transnational phenomenon that affects
all societies and economies, making international cooperation to prevent
and control it very essential. To promote, facilitate and enhance
international cooperation and technical assistance in the prevention of
and fight against corruption, the international community needs to adopt
and put in place strong anti-corruption conventions. The
Council of Ministers deliberated on the conventions, gave the seal of its
approval, and referred them to parliament for ratification, which the
latter did formally. Then, the instrument of ratification and the formal
statement of the UN Convention Against Corruption was sent to the United
Nations Head Office based in In the
years to come, we will take additional measures to ensure the convergence
of the conventions with the Country’s legal system in general and the
anti-corruption laws in particular. Naturally, such steps are believed to
speed up the incorporation of the provisions of the conventions into the
Country’s internal laws with the passage of time. 15.
Drawing Lessons from our Counterparts and other
Anti-corruption Bodies As we
have made it clear time and again, we have capacity constraints at all
levels. In an attempt to curb the constraints, we have adopted two
strategically important approaches in our capacity building programme:
Giving sustainable training to our staffers and arranging
experience-sharing programmes for them. In this section, we will focus on
discussing the latter as the former has been sufficiently dealt with in
the other section of the document under the title “ As
many experts in the area would agree, the practice of experience sharing
is arguably one of the best mechanisms of learning. Unsurprisingly,
therefore, the FEACC has been doing its best to share experience (in
fighting and preventing corruption) with its counterparts in other
countries. It also benefited from continental and global conferences that
were organized to enhance international cooperation in fighting
corruption. The
Commission has, for example, established a long-standing relationship with
the Independent Commission against Corruption of Hong Kong (ICAC).
In fact, it made a successful study tour to As one
of the strongest anti-corruption commissions in the world, the ICAC
introduced crucial skills and techniques of fighting corruption to the
delegations. To say the least, the study tours were educative. Similarly,
delegates traveled to As
mentioned earlier, the FEACC has also actively participated in a number of
continental and global conferences on enhancing international cooperation
in fighting corruption and impropriety. It has, for example, participated
in the Vienna-Conference, which was held to draft the UN Anti-corruption
Convention. The Commission took part in the International Anti-corruption
Conference held in Members
of the FEACC also took part in the four Global Forums on Fighting
Corruption held in In
addition, the Commission took part in the International Anti-corruption
Conference held in What
is more, it held discussions, on various occasions, with
the Treasury Department of the United States of America, World
Bank, UNDP, its Sudanese counterpart, the Chinese Law Society, European
Union, Transparency International, and Audit Principal of the National
Audit Office (NAO) of the British government, The participation of a three-member delegation led by
the Commissioner of the FEACC, H.E Ali Sulaiman, in the Global Forum V on
Fighting Corruption and Safeguarding Integrity held in Johannesburg, South
Africa (from 2-5 April 2007) and the taking part of the Deputy
Commissioner of the FEACC, H.E Mr. Addisu Mengistu, in the Global
Financial Crime Congress held in Bangkok, Thailand from 17-20 April 2007
could also be mentioned as major events. The visit of a four-member
delegation comprising officials from the FEACC, the Ethics and
Anti-Corruption Commissions of the Amhara and The Commission’s active participation in Conferences
held in various parts of the world on preventing and fighting corruption
in the construction and mining sectors is particularly worth mentioning in
this regard. In fact, Given the fact that the biggest amount of the
Country’s national budget goes to this sector, membership of the
Commission in the CoST is of paramount importance. Another reason that
makes the membership of the Commission even more important is the
construction boom in the country. The FEACC has also participated in the
Extractive Industries Transparency Initiative ( As active participants in most of the afore-mentioned
forums and conferences, members of the Commission’s delegation presented
the Ethiopian experience in fighting corruption and drew important lessons
from others. The participation of In
conclusion, the FEACC, which puts a high premium to sharing experience and
enhancing global cooperation in fighting corruption, has been doing
everything it could to draw lessons from its counterparts. As a result of
this, it has gained new skills and knowledge in the areas of preventing,
investigating, and prosecuting corruption offences. Unsurprisingly,
therefore, it will continue to learn more and more from its counterparts
in different corners of the world. It is also willing to share its
experience with others. As mentioned above, the FEACC attaches a
significant value to international cooperation in the fight against
corruption. Accordingly, it is more than ready to cooperate with any
anti-corruption body or stakeholder in this regard. The Commission has a
firm conviction that corruption can be eradicated only through a
multi-stakeholder approach, not through isolated, uncoordinated and
separate measures. 16.
Challenges Faced In the course of the anti-corruption
struggle, the Commission has faced some challenges. Of all the problems,
capacity constraints have, up until now, remained to be the most serious
and critical ones. There is lack of sufficient number of skilled work
force in all areas (ethics education, prevention, investigation, and
prosecution). The investigation of corruption offences requires special
skills and high level of professionalism. Most of the cases cannot be
successfully investigated and prosecuted using the skills and knowledge we
use to handle other criminal acts. The
FEACC is a young institution. Its youthful inexperience, compounded with
capacity and resource constraints, undoubtedly pose problems.
Understandably, therefore, it goes without saying that young
anti-corruption bodies (like ours) in particular and all anti-corruption
institutions in general should give tailor-made capacity building
trainings to their investigators and prosecutors. Unfortunately,
we couldn't fully design and implement such projects because of capacity
limitations. For a start, we don't have enough financial and material
resources at our disposal to design and launch such programmes despite the
Governments’ sustainable effort to provide the Commission with the
required financial and material resources. Besides, there are only a
handful of high profile professional trainers in those areas at the
national level, making it difficult for us to get their invaluable
services easily. The other problem we have faced is entirely related to
the mismatch between the high expectation of the general public and our
achievements. A large proportion of the Ethiopian public expects us to do
away with corruption and impropriety from the face of the Country in a
matter few years, which, in our opinion, is too much to ask from a very
young anti-corruption body in a poverty-ridden Country. Additionally, the
unsubstantiated and speculative perceptions that some people hold towards
the Commission have been negatively affecting the anti-corruption drive in
the last few years. Thirdly,
the absence of bilateral or multilateral extradition treaties between and
among our Country and other countries in different corners of the world
has helped some corrupt guys get away with their criminal acts. Some of
them have, for example, looted tremendous amount of public funds and
assets, sought asylum in the western world, and secured safe haven there.
Unfortunately, many developed countries do not show willingness to
extradite such criminals in the absence of extradition treaties, which are
usually signed after many years of bilateral or multilateral negotiations
between and among countries. In
this regard, the launching of 'StAR Initiative' by the United Nations
Office of Drugs and Crime (UNODC) and the World Bank will no doubt be of
paramount importance. According to the Secretary General of the United
Nations, Ban Ki-moon, the Initiative is established to foster the much
needed cooperation between developed and developing countries and between
the public and the private sectors to ensure that looted assets are
returned to their rightful owners. The Initiative was established to help
developing countries recover assets stolen by corrupt leaders, invest them
in effective development programmes, and combat safe havens
internationally. The FEACC is of the conviction that the Initiative will
foster global cooperation against corruption and impropriety. Fourthly,
lack of sufficient international cooperation in various areas, including
capacity building, training, experience sharing and implementation of
continental and global conventions has also impacted our performance
negatively. To make things even more complicated for the Commission, some
judges in the Country do not seem to fully realize the complex nature of
corruption and the need for special treatment of it. Had the judicial
system in the Country had a common and firm stance on corruption, it would
have been relatively easier for the Commission to deal with it more
effectively. Some managers in government departments and agencies have not
also been that helpful in the prevention of corruption in their respective
organizations and agencies. The absence of vibrant media has also
negatively affected our performance. The reluctance that some government
departments and public enterprises were showing to produce supportive
information that the Commission sought for investigative purposes was one
of the stumbling blocks in the fight against corruption in this Country.
There were also times when they were deliberately providing the Commission
with misleading information. Worst of all, some of them were showing no
willingness to implement the corrective recommendations the Commission put
forward to seal off loopholes that were believed to be conducive for
corrupt practices. Getting the right witnesses for the
investigation and prosecution of alleged corruption offences was also one
of the major problems the FEACC faced. Before giving their testimony, many
of the whistle-blowers and witnesses wanted to see a reliable legal
framework (on their protection) in place so that they could be protected
from any danger that corrupt people might pose on them. In an attempt to
solve this problem, the FEACC developed a draft whistle blowers and
witnesses protection proclamation to ensure the physical and job security
protection of witnesses and whistle blowers. We,
therefore, seek the support of our partners and stakeholders in the area
of capacity building, which, in our opinion, is central to the alleviation
of the rest of the problems. It is our strong conviction that the
mitigation of the afore-mentioned problems through collaborative and
coordinated efforts, compounded with the serious political commitment of
our Government in the fight against corruption, will definitely continue
to make the anti-corruption campaign in our Country a success. Together,
we can defeat corruption. We shouldn't, therefore, limit the scope
and objectives of our training programmes to 'raising public awareness' on
corruption. As a result, we have decided to give deep and intensive ethics
and anti-corruption education to civil servants and their managers through
face-to-face training programmes. The training programmes will focus on
equipping the trainees with the basic knowledge and skills on
anti-corruption laws and strategies, corruption prevention strategies and
codes of ethics for civil servants and their managers. 17. Frequently Asked
Questions People from different cross-sections of
the society ask the following questions frequently. Here they are with
their full answers: ?
How
independent is the Commission from any political influence or
manipulation? Answer: According to Article 4 of the Commission’s Establishment
Proclamation, the Commission is free from any interference or direction by
any person with regard to cases under investigation or prosecution or to
be investigated or prosecuted. ?
The
Commission is accountable to the Prime Minister. Doesn’t this set
hurdles to the Commission in investigating and prosecuting grand
corruption offences that may be committed in the executive branch of the
government? Answer: So far, the fact that the FEACC is accountable to the Prime
Minister has, in no way, prevented the Commission from investigating and
prosecuting corruption offences allegedly committed in the executive. No
investigation or prosecution has been thwarted because of the fact that
the Commission is accountable to the Prime Minister. Regarding
accountability, some people argue otherwise. According to them, corruption
is mainly committed in public offices and public enterprises, particularly
in developing countries. They, therefore, hold that making anti-corruption
institutions accountable to the Heads of the respective governments would
rather help the former to tackle corruption effectively and efficiently in
partnership and collaboration with the latter, which has a better
knowledge of the ins and outs of the public offices and enterprises it is
running and the problems and improprieties in them. In fact, many anti-corruption watchdogs in the world that have acquired
a reputation as the finest anti-corruption institutions the world has ever
seen are accountable to the Heads of their respective governments. The
Independent Commission Against Corruption of Hong Kong, Corrupt Practices
Investigation Bureau of Singapore, Independent Commission Against
Corruption of New South Wales Australia, United States Office of
Government Ethics, and the Directorate for Corruption and Economic Crimes
of Botswana are worth mentioning in this regard. ?
I
really doubt that the incumbent government is seriously committed to
tackling corruption at all levels. Can you list the indicators that could
show its serious commitment to this crucial endeavour? Answer: One should not have the slightest doubt in his mind about the
government’s commitment and seriousness to the national struggle against
corruption. There are a lot of indicators that show its commitment to this
critical issue. The following are a few of them: Ø
The
Government has put in place substantive and procedural anti-corruption
laws and regulations to tackle corruption. The Revised Anti-corruption
Special Procedure and Rules of Evidence Proclamation, Revised Federal
Ethics and Anti-corruption Commission Establishment Proclamation, Draft
proclamation on the Protection of Whistleblowers and Witnesses,
Proclamation to Provide for Disclosure and Registration of Assets, and
Code of Ethics for Public Servants could be mentioned in this regard. Ø
It
has established independent anti-corruption institutions, both at national
and regional levels, to tackle corruption. Ø
It
has provided the anti-corruption institutions with the necessary
budgetary, financial, material, and human resources. Ø
It
has incorporated anti-corruption laws into the amended Criminal Law,
classifying them into 23 articles. Ø
It
was among the first signatories to the UN Convention Against Corruption
and the African Union Convention on Preventing and Combating Corruption,
which it later ratified. Ø
It
has clearly been stipulated in the Commission’s Establishment
Proclamation that the Commissioner or the Deputy Commissioner may not be
removed, except on his own will, from his office unless he has violated
the provisions of the relevant codes of conduct, has shown manifest
incompetence and inefficiency, or can no longer carryout his
responsibilities on account of mental or physical illness. Ø
It
has shown its commitment by taking to court its own senior officials and
got them penalized for the corruption offences that they committed. Ø
And
most importantly, everything it has been doing so far doesn’t show the
fact that it is not serious in tackling corruption. Rather, we have been
practically witnessing the reverse. ?
What
if a senior member of the Government is allegedly found to be involved in
corruption? Would you really and truthfully prosecute and bring him/her to
justice? Answer: It must be understood that no government official, be it senior
or junior, is immune from being prosecuted if he/she is found to be
involved in corruption. The fact that the Former Prime Minister and the
Former Defense Minister; Senior Bank and Telecom Managers; the Former
Manager of the Privatization Agency; and the Former President of the
Southern Nations, Nationalities, and Peoples Regional State were
prosecuted for their involvement in corruption is a tangible and concrete
proof of this. ?
Does
the Commission have the jurisdiction to prevent, investigate, and
prosecute any corruption offences committed anywhere in the Country? Answer: Mainly, the Commission is tasked with preventing,
investigating, and prosecuting corruption crimes in federal public offices
and public enterprises. It also does same when corruption is committed in
regional offices relating to subsidies granted by the Federal Government
to the regions. It can also investigate and prosecute corruption offences
in the private sector if public offices and public enterprises are
involved in them. ?
Why
is it necessary to limit the Commission’s jurisdiction in such a way? Answer:
The two most important reasons, among others, for limiting
the Commission’s jurisdiction to the public sector are the following: Ø
For a start, the Commission, as a young anti-corruption
institution, will find it difficult to shoulder the huge responsibility of
tackling corruption in every sector. It has to focus on the major public
offices and enterprises. Ø
The second chief reason for limiting the Commission’s
jurisdiction is the fact that public offices and the civil servants
working in them are believed to be the major players in committing
corruption. Fortunately, after eight years
of experience in tackling corruption, both the Ethiopian Government and
the Commission are of a strong conviction that the latter can now tackle
corruption, at least to some extent, in the private sector as well. A
study is, therefore, underway to include the task of combating corruption
in the private sector to a limited extent under the Commission’s
jurisdiction. ?
What is the fate
of those alleged corruption offences that do not fall within the
Commission’s jurisdiction? Will you simply throw them into your trash
cans? Answer: Those tips-off that do
not fall within the Commission’s jurisdiction will be sent to relevant
bodies that have the jurisdiction to deal with them. No crime will be
thrown away without proper investigation in this law-abiding country. ?
How
can whistleblowers tip the Commission off suspected corruption offences? Answer: Whistleblowers can inform the Commission of corruption crimes
in the following ways: Ø
The
Commission has a hotline that gives quick and direct access to informants
and whistle blowers. It is 988 and whistle blowers can file their
complaints using this number. There
are investigators who are always on duty during working hours to receive
the information and investigate it. Ø
They
can also fax their tips-off using Ø
They
can, as well, present their complaints in person. Ø
They
can even make appointments with the Commission’s investigators to file
their complaints in the week ends. Ø
What
is more, they can use our mailing address, which is 34798/9. They can also
e-mail us at feacinv@ethionet.et. ?
Must
whistleblowers disclose their names? Answer: Whistle blowers are not obliged to disclose their names. They
can blow the whistle anonymously. If they wish, they can also disclose
their names. As stipulated in Article 49 of the Revised Special Procedure
and Rules of Evidence Proclamation on Anti-corruption, a disclosure of
corruption offence may be made with or without the name of the person who
makes the disclosure. ?
How
can I file my complaints? Orally? Or in writing? Answer: Whistleblowers can
file their complaints in whichever way they want; they can do it orally or
in writing. ?
How
would I know whether my complaints are thrown away or properly
investigated? Answer: First of all, the Commission doesn’t throw away a single
complaint that is within its jurisdiction without properly investigating
it. Secondly, it has put mechanisms in place whereby complainants and
whistle blowers can check up the status of their cases and how they are
being handled. If they have problems with the ways that their cases are
being investigated, they can notify the Commission of this situation so
that the latter can take corrective measures sooner than later. ?
Does
the Commission have the Jurisdiction to investigate and prosecute
Corruption offences that were under due process of law before it was
established on 24 May 2001? Answer: According to Article 28 of the Establishment Proclamation, any
corruption cases or other cases related with corruption which have been
committed prior to the coming into force of the Commission’s
Establishment Proclamation and the investigation of which have been just
started, or undergoing, or finalized, or which have been in the process of
trial, shall continue to be handled and decided in the same manner. If,
however, the case in question, which had been committed before the coming
into force of the Commission’s Establishment Proclamation, has never
received a court verdict, the Commission has the jurisdiction to deal with
it. ?
Can
a whistleblower be guaranteed that he will be protected from any
retaliatory actions for blowing the whistle on corruption? Answer: The Commission protects whistleblowers from any retaliatory
measures. If it is ascertained that somebody has been a victim of such an
act, the Commission will do everything in its capacity to redress the
injustice as soon as possible. ?
Does
the Commission supervise and oversee regional ethics and anti-corruption
Commissions? Answer: The relationship between regional ethics and anti-corruption
Commissions and the FEACC is not hierarchical. The fact that the FEACC is
a federal institution doesn’t mean that it has an authority over its
regional counterparts. They collaborate and partner in the fight against
corruption on equal footing. The FEACC also assists them in various
capacity building projects. The FEACC and its regional counterparts had
already established a Joint Forum on tackling corruption in partnership
and collaboration. So far, members of the Forum held six conferences
semi-annually in various regional states and here in the Metropolis on
preventing and fighting corruption collaboratively. ?
Does
that mean that the regional ethics and anti-corruption commissions shall,
in no way, be accountable to the FEACC under any circumstances? Answer: There are times when they shall be accountable to the FEACC.
When they investigate and prosecute alleged corruption offences in
accordance with the delegation that may be given to them by the FEACC,
they shall be accountable to the latter. They are also duty bound to
submit statistical data and periodic report regarding the state of
corruption offences in their respective region to the FEACC. ?
Is
there a mechanism through which other organs may participate in the
investigation and prosecution of corruption offences? Answer: The Commission may delegate, in whole or in part, to federal or
regional crime investigation and prosecution bodies, as the case may be, a
general investigation and prosecution power of corruption cases, other
than grand corruption. Additionally, any federal or regional crime
investigation body that is not delegated by the Commission shall begin
investigation of any alleged or suspected corruption offences falling
under the competence of the latter. It shall, however, inform the
Commission of same forthwith. ?
Am
I required and obliged by law to cooperate with the Commission whenever
the latter seeks cooperation in connection with its powers and duties? Answer: According to Article 26 of the Commission’s Establishment
Proclamation, any person is duty-bound to cooperate whenever cooperation
and assistance is required by the Commission in connection with its powers
and duties. In particular, public offices and public enterprises having
the necessary expertise shall provide the Commission with the necessary
professional support when required. ?
Does
the Commission have its own detention center on its premises where it
keeps suspects? Answer: So far, the Commission doesn’t have any detention center on
its premises. It has been detaining suspects in police stations. But it is
trying to have one in the years to come. ?
Can
an arrested person for a corruption offence be released on bail? 18. Conclusion Since
its establishment in 2001, the FEACC made some encouraging achievements in
fighting and preventing corruption. It has, for example, undertaken a
number of successful awareness-raising activities on the threat of
corruption and on the dire need to counter it. The FEACC was able to make
the issue of fighting corruption a popular agenda. It also revised the
working procedures and practices in more than 117 public offices and
enterprises. Afterwards,
it put forward corrective measures and recommendations to the respective
public offices and enterprises, thereby sealing off loopholes that were
believed to be conducive for corruption. Furthermore, it investigated more
than 1,200 cases and prosecuted a number of offenders some 300 of whom
received from 1-19 years of imprisonment. By doing so, it has sent a clear
message to all corrupt guys that they have to think twice before
committing corruption. However, the on-going anti-corruption campaign
cannot gain more momentum and vigour without the active participation of
all stakeholders in general and the Ethiopian public in particular. If
more achievements are to be made, all stakeholders must join hands with
the Commission in the fierce fight against corruption and impropriety. Obviously,
however, the general public cannot take part in the fight against
corruption actively when they are not fully aware of the causes,
manifestations, consequences, and
threats of corruption. The FEACC has, therefore, devised mechanisms of
creating public awareness on fighting and preventing corruption at the
national level. One of
such means is the publication and distribution of promotional materials
like this one. It was for this very reason that we prepared and
distributed the magazine among the different cross-sections of the
Ethiopian public and other stakeholders in the fight against corruption.
We very much hope that the magazine will serve its purpose of raising
public awareness on the dire need to prevent and fight corruption
resolutely. It will also give regional and global partners some
information about the on-going anti-corruption struggle in Finally,
we, once again, urge the different cross-sections of the society and other
partners to join hands with the Commission in the fight against corruption
so that the Country’s development and democratization processes will
stay the course. If we confront it in unison, corruption will have the
power to derail the on-going development and democratization processes in
our Country. The Commission takes this opportunity to request and urge the
Country’s partners to continue to support its anti-corruption efforts. It
would also be helpful to synchronize their efforts with that of the
Commission's in their struggle against corruption. 1.
Integrity,
2.
Loyalty,
3.
Transparency,
4.
Confidentiality,
5.
Honesty,
6.
Accountability,
7.
Serving
public interest, 8.
Exercising
legitimate authority, 9.
Impartiality,
10.
Respecting
the law, 11.
Responsiveness,
and 12.
Exercising
good leadership. •Commissioner's
Office:
Tel:
Fax:
E-mail: feac.com@ethionet.et •Deputy
Commissioner's Office:
Tel-251-115-527786
Fax:
E-mail: feacedum@ethionet.et •Public
Relations Directorate:
Tel:
E-mail: getachewcherkos@yahoo.com
Fax: 251-115-53 6987 •Ethics
Education Directorate:
Tel:
Fax:
251-115-53 6987
E-mail: feacedu@ethionet.et •Corruption
Prevention Directorate:
Tel:
Fax:
251-115-53 6909
E-mail: feacprev@ethionet.et •Corruption
Investigation and Prosecution Directorate:
Tel: 251-115-51 0554
Fax:
E-mail:feacpros1@ethionet.et •Corruption
Investigation and Prosecution Directorate, Deputy Director’s Office:
Tel:
Fax:
251-11
E-mail: feacinv@ethionet.et •Human
Resource Management Directorate:
Tel:
E-mail: feacadm@ethionet.et •Change
Management Directorate:
Tel:
E-mail:
abelmekasha@yahoo.com •Directorate
for the Coordination of Ethics Infrastructures:
Tel.:
Fax:
E-mail: ethicsco@ethionet.et •Planning,
Procurement, and Finance Directorate:
Tel:
Fax:
E-mail:
feacplan@ethionet.et
•PBX
of the FEACC: Tel:
P.O.Box of the FEACC: 34798
Web site address: www.feac.gov.et
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