Africa Groups of Sweden (AGS), adopted by PU 2009-10-07 Guidelines on how to minimize the risks for corruption and other irregularities in our development cooperation 1. What is corruption? Corruption - the misuse of entrusted power for personal gain - has a severely debilitating effect on the economic, social and political environment in which it occurs. Corruption appears independently of the systemic context and at all levels in industrialised and developing countries alike. The definition is used by Transparency International, a global network leading the fight against corruption All national legislation considers corruption illegal but there are considerable variations in how legal systems define and address corrupt behaviour. What to some may appear to be illicit or illegal practices might by others be seen as acceptable, both legally and culturally. Petty corruption encourages and lays the basis for large-scale corruption and vice versa. It is therefore not possible to distinguish between practices that may be generally accepted or expected, and those that may be considered to be ‘more serious’. Local legislation, rules and regulations must be respected, but never as an excuse for supporting corruption or other unethical behaviour. AGS is subject to Swedish legislation and regulations independent of where and with whom the organisation is working. Common forms of corruption and other irregularities include, but are not limited to: Favouritism/nepotism: The unfair favouring of a person or group at the expense of others. Bribery: When someone improperly provides goods or services in return for some form of improper compensation. Sharing of profits: Such as kickbacks, cuts, etc. Diversion of resources for private gain: Includes fraud, embezzlement, and theft of resources for own use etc. Misuse of power and/or position: To use entrusted power for personal benefits e.g. money, services, sexual favours etc. in exchange for food, shelter etc. Failure to take action: for example failure to prosecute someone suspected. 2. Corruption - a challenge to development Corruption poses a serious development challenge. It undermines democracy and good governance by subverting formal processes. It weakens economic development by generating G:\HUT handbok för utvecklingssamarbete\A. 1Background\Policy- & Strategical Documents\Financial Control distortions and inefficiency. Corruption increases the vulnerability of poor women and men by denying them free and fair access to the services that they are entitled to. All organisations involved in development cooperation are at risk of being affected by corruption. Corruption challenges the objectives of AGS development work as well as the most fundamental values on which organisations are built. Civil society has an important role to play in curbing corruption in society. By acting as “watch dog” and monitoring politicians, the business community and other decision makers, the organisations could strengthen transparency in society, and, increase the degree of accountability. Civil society can also reduce corruption by strengthening the people’s influence over decision-making, and, by contributing to education for a democratic culture and democratic values of citizens and society at large. In order to combat corruption and other irregularities AGS consider the following basic principles as fundamental: ● Awareness - In order to combat corruption and other irregularities it is essential that AGS and its cooperation partner staff and others involved are aware of our anticorruption principles. The aim is to create a proactive attitude in the identification and mitigation of risks. Although these guidelines against corruption and other irregularities are global and absolute, the training of all involved must be adapted to the local context. Strong systems for financial administration and internal control are not static, but develop over time based on learning. It must therefore be ensured that lessons learned are spread throughout the organisation and incorporated into the professional functions. ● Transparency – AGS and partner organisations should be characterized by transparency. Existing statutes, policies, strategies, plans, decisions, reports and financial issues must be transparent. Transparency in activities strengthens control and confidence is created for employees, donors and other partners as well as to beneficiaries. Transparency is crucial for tackling corruption. ● Accountability – Responsible persons/organisations must be held accountable to the bodies that entrusted them to manage the activities/business. To ensure accountability, organisations and trusts should have regular board meetings and an annual general meeting where board members are kept responsible for their actions. There needs to be clear and well-documented decision-making structures and mandates, as well as administrative structures that share the tasks concerning responsibility and control on different posts. These are key elements in the potential for operational accountability. An organisation’s financial and internal control capacity must be adequate before AGS can channel any funds to their activities. When asked for, a partner organisation must G:\HUT handbok för utvecklingssamarbete\A. 2Background\Policy- & Strategical Documents\Financial Control demonstrate their ability to improve their financial administration and internal control systems in order to be eligible for continued support. Financial reports must be followed up and be closely analysed in relation to the activities of the organisation. AGS programme and financial staff are accountable and must work hand in hand to ensure that high quality monitoring is provided for. To mitigate risks and ensure quality in our development work, a close relationship with the partner organisation and efficient monitoring is a prerequisite to combat corruption. 3. Obligations to report Management, staff members, partner organisation’s staff and others involved are obliged to immediately report on any suspected cases of corruption and other irregularities to the Coordinator or to AGS management in Stockholm. Coordinator must always inform the AGS management when there is suspicion of any wrong-doing. Failure to report suspicion may lead to legal action or other disciplinary measures. Fear of losing public or financial support will never be accepted as an excuse for failure to report. 4. How to handle irregularities and corruption Decisions on how to investigate suspected cases of corruption and other irregularities will normally be taken by the Africa Director at head office in Stockholm. There is a check list to guide involved staff on how to be aware of warning signals and how to act when irregularities and corruption is found. All illegal actions must be reported to the Police by the organisation where it occurs, see clause seven in the Partner agreement. AGS reserves the right to withdraw support or deny funding when there are strong indications of corruption or fraud, even if these can not be proven or when there is no conviction in a court of law. Staff will always be given first priority, AGS will not put staff in danger due to strict adherence to these regulations. 5. Development of anti corruption work Board and management have the ultimate responsibility for developing tools and routines of internal control in order to combat corruption. In practice, prevention of corruption is the responsibility of all involved in development cooperation financed by AGS and should thus be embedded in the carrying out of day to day activities. The specific responsibility for the implementation and development of these guidelines and monitoring the work against corruption lies with the Africa Director. G:\HUT handbok för utvecklingssamarbete\A. 3Background\Policy- & Strategical Documents\Financial Control