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Justice Ismail:we don’t have manegerial and financial independence

Justice Ameer Ismail yesterday said that since 1954, the institutional mechanism and processes to deal with bribery had been subject to piecemeal legislative changes ending up finally in 1994 with the present Act establishing the Commission to Investigate Allegations of Bribery or Corruption.

Addressing the press at the launch of another UNDP anti-corruption initiative at the UN compound, he said that the Act establishing the Commission stipulated that its purpose was to investigate allegations and direct the institution of prosecution for offences under the Bribery act and Assets Law. "The only passing reference to prevention is in the title of the original Bribery act providing for the prevention and punishment for bribery," he said.

"Our Commission enjoys independence in its core-functions, but it continues to be a dependant state agency devoid of managerial and financial independence."

"The first project launched in 2005 was successfully completed with limited resources and a restricted period of time. An expert study commissioned by the UNDP as part of that project proposed an anti-corruption strategy, observing that the Commission can be good only as the State wants it to be. It recommended that the Commission be restructured, incorporating measures for preventive education, pre-empting corruption and ensuring good governance within a strict regulatory enforcement environment. The present project would proceed on the fines envisaged therein."

Another objective of the project is to strengthen the operational capacity of the Commission Anti-Corruption Commissions have with one or two exceptions been a disappointment in several developing countries. As the 2005 UNDP report on Institutional Anti-Corruption arrangements has noted. "Several countries have opted for/or currently considering an independent Commission or Agency charged with the overall responsibility of combating corruption. However, the creation of such an institution is not a panacea to the scourge of corruption. There are actually very few examples of successful independent anti-corruption commissions."


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