Monitoring Georgia's Implementation of the OECD's ACN Recommendations - Follow Up
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Organization for Security and Co-operation in Europe MD 18 / Annex 2 Mission to Georgia Monitoring Georgia’s Implementation of the OECD’s ACN Recommendations – Follow Up Project Purpose/Objective(s): During May – December, 07 Transparency International Georgia (TI Georgia) carried out a project Monitoring Georgia’s Implementation of the OECD’s ACN Recommendations funded by the OSCE Mission to Georgia. As part of this project TI Georgia monitored the Georgian government’s adherence to the ACN recommendations, prepared an alternative progress report that documented and analysed major developments in this field, participated in the ACN review meeting and presented its monitoring findings to the review group, studied the local government’s capacity to carry out anticorruption efforts to complement the central government’s activities, and disseminated its monitoring and analytical reports in and outside Georgia in English and Georgian languages. TI Georgia proposes to conduct a follow-up project that will aim at further fostering of the ACN process in Georgia through continued monitoring of the central and local government’s actions vis-à-vis the ACN recommendations. Background: TI Georgia has been monitoring the Georgian government’s adherence to the ACN recommendations since 2005. Since then TI Georgia has prepared three alternative progress reports and has participated in three review meetings organized by the ACN. TI Georgia’s involvement in this process has allowed the ACN to have an access to a neutral, non-governmental evaluation of Georgia’s anti-corruption initiatives. It has also allowed Georgian citizens to be informed about the ACN process by ensuring greater publicity of the ACN recommendations and their implementation by the Georgian government. TI Georgia’s alternative progress reports provided detailed analysis of the Georgian government’s overall anti-corruption campaign, its main pillars, concrete mechanisms put in place, their outcomes, and the lingering concerns. These reports were thus widely utilized not only by the OECD’s ACN, but also by other Georgian and international non-governmental organizations and institutions, diplomatic community and media representatives working in Georgia. One of the reasons to that is that the government’s own reporting on its reform initiatives and anti-corruption efforts is too meagre. Currently the government is in the process of refining its anti-corruption policy planning and coordination process. The Office of the State Minister for Reform OSCE Mission to Georgia/Project Co-ordination Cell 1
Coordination has been abolished. To date it remains unclear what governmental agency will assume the Office’s former responsibility of coordinating the National Anti-corruption Action Plan and the ACN recommendation implementation. Until this decision is made and in the followed process of transformation, it is of particular importance that civil society remains actively engaged in monitoring this process, as well as in tracking the government’s overall anti-corruption efforts. TI Georgia will draw on its past experience of working closely with the Office of the State Minister for Reform Coordination and the ACN, and establish close working contacts with the newly designated anti-corruption activity coordination agency. TI Georgia is a local non-governmental organization committed to combating corruption in Georgia through the promotion of transparency and accountability. Our mission is to serve as the primary source of information on corruption reform in Georgia, to assist the Georgian Government and the broader public in facilitating reform in sectors where corruption exists, and to build and strengthen institutions. To fulfill this mission, TI Georgia: establishes programmatic activities that target structural corruption in specific sectors; promotes access of local populations to information on existing problems and changes initiated to address these problems; encourages input on reform from local and international experts; assists the Government in drafting policy; and produces analysis and public policy recommendations on current activities and on future reform. Since 2000 TI Georgia has carried out following major projects: 1. Establishment of Support Office for the National Anti-Corruption Program Elaboration Group Period of performance: 16 August 2000 – 30 December 2001 Source of funding: ABA/CEELI 2. Distribution of Georgia’s National Anti-corruption Program Draft throughout Georgia and Gathering Public Input Period of performance: 01 August 2000 – 28 February 2001 Source of funding: IRIS/Georgia 3. Monitoring of Execution of the President’s Anti-Corruption Order #95 Period of performance: 01 June 2001 – 01 March 2002 Source of funding: Open Society Georgia Foundation 4. Monitoring of State Expenditures Period of performance: 15 March 2002 – 20 October 2002 Source of funding: Open Society Georgia Foundation and Horizonti Foundation 5. Anti-Corruption Essay Competition for School Children Period of performance: 1 August 2003 – 1 February 2004 Source of funding: Open Society Georgia Foundation 6. Parliamentary Code of Ethics Period of performance: 1 June 2004 – 1 November 2004 Source of funding: OSCE Mission to Georgia OSCE Mission to Georgia/Project Co-ordination Cell 2
7. Voter Education for Georgia’s Police Force Period of performance: 15 February 2004 – 30 April 2004 Source of funding: OSCE Mission to Georgia 8. Voter Education for Ajara’s Police Force Period of performance: 1 June 2004 – 1 July 2004 Source of funding: OSCE Mission to Georgia 9. Promoting Public Input into the Legislative Process Period of performance: 1 June 2004 – 1 December 2004 Source of funding: Swiss Development Agency 10. Increasing Public Access to Free Medical Services Period of performance: 1 June 2004 – 1 March 2005 Source of funding: European Commission 11. Monitoring Adherence to the OECD Anti-Corruption Network Recommendations for Georgia Period of performance: 1 September 2005 – 31 December 2005 Source of funding: OSCE Mission to Georgia 12. Preventing Corruption in the Education System Period of performance: 1 May 2005 – 25 August 2005 Source of funding: Transparency International Secretariat 13. Parliamentary Outreach in Georgia’s Region of Samtskhe-Javakheti Period of performance: 15 March 2005 – 15 September 2005 Source of funding: The Canadian Embassy 14. The Majoritarian Project: Informed Citizens and Accountable Government Period of performance: 1 June 2005 – 31 May 2008 Source of funding: British Embassy in Tbilisi 15. Civic Forum for Ethnic Azeris in Kvemo Kartli Period of performance: 1 February 2006 – 1 May 2007 Source of funding: European Commission and Canada Fund 16. TI Georgia Office in Parliament Period of performance: 1 February 2006 – 31 January 2008 Source of funding: Swiss Agency for Development and Cooperation (SDC) 17. Monitoring the Misuse of Administrative Resources during the 2006 Local Government Elections Period of performance: 17 July 2006 –17 January 2007 Source of funding: Ministry of Foreign Affairs of Latvia 18. Georgia's International Commitments Assessment Program Period of performance: 1 July 2006 – 31 June 2007 Source of funding: Ministry of Foreign Affairs of Finland OSCE Mission to Georgia/Project Co-ordination Cell 3
19. State Expenditure Monitoring Project Period of performance: 1 July 2005 – 1 July 2006 Source of funding: National Endowment for Democracy 20. Economic Governance and Public Finance Period of performance: 1 September 2005 – 1 September 2006 Source of funding: Royal Netherlands Embassy 21. Monitoring the 2006 Unified National Exams in Georgia Period of performance: 1 June 2006 – 1 September 2006 Source of funding: United States Agency for International Development 22. Government Efficiency Study Period of performance: 1 September 2005 – 1 December 2006 Source of funding: UK Department for International Development 23. Monitoring the Implementation of Georgia's Anti-Corruption Strategy Period of performance: 1 April 2006 – 1 November 2006 (expanded) Source of funding: OSCE Mission to Georgia 24. Promoting Understanding of the Energy Sector in Georgia Period of performance: 1 October 2007 – 1 November 2008 Source of funding: BP Georgia 25. Promoting Civil Society Monitoring of Secondary Healthcare Reform Period of performance: 1 November 2007 – 1 April 2008 Source of funding: Eurasia Foundation Georgia 26. Monitoring the Use of Administrative Resources in Advance of the 2008 Presidential and Parliamentary Elections Period of performance: 15 October 2007 – June 2008 Source of funding: EC Delegation to Georgia, Swiss Agency for Cooperation and Development The OSCE Mission to Georgia, among other issues, focuses on developing small- and medium-sized enterprises, supporting the fight against corruption and providing economic policy guidance to the Government. The ACN’s recommendations for Georgia concern national anti-corruption policy formulation and implementation, anti- corruption legislation and its enforcement, civil service transparency, financial control and business climate improvement. These two frameworks are closely linked, thus further fostering of the ACN process in Georgia, which is the major objective of TI Georgia’s project proposal, is directly connected with the OSCE’s objectives in Georgia. The OSCE’s involvement in this project will, on the other hand, land multilateral support for the work of TI Georgia and other domestic organizations working in the monitored spheres. Approach: OSCE Mission to Georgia/Project Co-ordination Cell 4
Activities TI Georgia will continue to monitor action taken by the Government of Georgia to implement the ACN recommendations and present the respective findings to the OECD ACN and the Georgian public. To achieve these objectives TI Georgia will carry out the following activities: Monitoring Government Institutions at Central and Local Level TI Georgia will regularly monitor the activities and agenda of the government to track developments on important legislation and regulatory decisions that relate to the ACN recommendations. This monitoring will target both, central and local government institutions and will aim to evaluate their compliance with the ACN recommendations, level of fulfillment of these recommendations, possible barriers to their realization, and future steps planned by these institutions to promote this process. Monitoring will be conducted by TI Georgia’s analysts. It will comprise the desk research, review of legal and other official documentation (obtained through FOIA requests), and in-depth interviews with the stakeholders. Analyzing Corruption Cases at Local Level Monitoring of corruption problems at local government level will evolve around tracking and analyzing regional statistics on corruption arrests and investigations. Through this analysis TI Georgia will seek to identify: - Most frequently occurring types of corruption in the regions i.e. bribe solicitation, extortion, legal manipulations, etc; - Major sectors of corruption i.e. issuing official documents, registering lands, administering public procurements, allocating state funds, etc; - Levels of corruption i.e. senior-level local officials, lower-level local officials, executive bodies, self-government units, etc; - Regional distribution of corruption cases; - Root causes of corruption i.e. legal loopholes, lack of transparency, poor qualifications, lack of control, etc. - Based on monitoring TI Georgia’s analysts will prepare a separate report on main findings of the analyses.On the basis of this analysis, TI Georgia will be able to contribute to developing a systemic approach to preventing corruption at local level, as opposed to putting all efforts into simply detecting and prosecuting corruption facts. Preparing an Alternative Corruption Status Report Based on monitoring TI Georgia’s analysts will prepare an independent, alternative report that will outline the main developments and opinions around the ACN targeted policy issues, including opposing views and recommendations. The report will provide information for each specific ACN recommendation point by point. It will be prepared in Georgian and English languages. Submitting the Alternative Corruption Status Report to the ACN OSCE Mission to Georgia/Project Co-ordination Cell 5
TI Georgia’s alternative report prepared within the framework of the project will be submitted to the ACN before its review meeting. At this point the meeting date has not been finalized, however, taking into consideration the general ACN reporting timeline, the meeting should take place in fall of 2008, most probably in September. TI Georgia will continue communicating with the OECD ACN concerning the exact date to ensure that the alternative report is prepared in a timely manner and that the information provided in the report is up-to-date. TI Georgia will participate in this review meeting to take place in Paris and will present its alternative report findings to the invited participants. The Georgian government representative will also take part in this discussion. S/he will be presenting the government’s own assessment of its adherence to the ACN recommendations. Following this meeting TI Georgia will compose a separate report about the discussed points and disseminate this report, in Georgian and English languages, in Georgia together with the meeting minutes prepared by the ACN. Disseminating the Alternative Corruption Status Report TI Georgia’s alternative report will be disseminated in Georgian and English through TI Georgia’s electronic mailing lists to over 2,000 individuals that can influence decision- making process in Georgia. This will include representatives of the Government, Georgian and international public organizations, the diplomatic community, international institutions, political parties, and media representatives. Printed versions of the reports will be distributed to the regions through TI Georgia’s regional network of local coordinators. In addition to its alternative report, TI Georgia will translate the government’s progress report submitted to the ACN review meeting and disseminate its Georgian and English versions in and outside Georgia. Cooperation with the Government TI Georgia will continue its previous practice of implementing this project in close cooperation with the government. Although the Office of the State Ministry for Reform Coordination has been abolished, its former employees have remained in the government. Currently, they are employed by the National Security Council and as it stands now, the Council is most likely to be put in charge for coordination and oversight of state anti-corruption activities in general and the ACN specifically. Thus, TI Georgia will work closely with the National Security Council, as well as with the line ministries involved in the ACN process. Results The project seeks to independently assess the Government’s activities in comparison with its international commitments in order to promote their implementation and to raise public awareness of and promote public input into the Government's reform strategies. Working together with relevant state entities and the non-governmental sector in Georgia it would be possible to vastly increase the amount of analysis available in Georgian and OSCE Mission to Georgia/Project Co-ordination Cell 6
English on Georgia's international commitments and specifically, on Georgia’s adherence to the ACN recommendations. By having a continuous process of reporting, analyzing, and publicly discussing the activities of the government in the targeted areas, the project will act as an early warning mechanism giving warning of corruption at one stage, and as a catalyst of continuous re-planning and revision of decisions and procedures on a later stage. One of the most important results of the project will be a continuous and all-inclusive assessment of the problematic issues in the country as outlined by the ACN. Detailed information on government activities in the targeted fields will increase the public's demand for information, will provide incentive for the government actors to initiate reform, and will strengthen the basic platforms of democracy crucial for a well- functioning state that is held accountable to its citizens. Indicators • TI Georgia will have monitored and evaluated the actions taken by the Georgian government to fulfill the ACN recommendations at central and local level, and presented its monitoring results to the ACN review meeting; Source: Alternative Corruption Status Report written and presented to ACN review meeting A separate report analyzing corruption statistics at local level • TI Georgia will have publicized, both in print and electronically, its alternative report and the government’s own report electronically and in print; Source: Number of copies of reports disseminated (a total of 1 000 copies of each document) Copies of these reports List of recipients (electronic mailing list) • TI Georgia will have publicized, both in print and electronically, the ACN’s minutes of the review meeting and its report on the main points discussed; Source: Number of copies of reports disseminated and the representative list of recipients Copies of these documents List of recipients (electronic mailing list) Assumptions and Risks TI Georgia has developed an extensive experience in the ACN monitoring, as well as in working closely with the involved government agencies in this process. Thus, it does not anticipate any significant challenges during the project implementation. One difficulty that might arise, though, relates to the date of the next review meeting. TI Georgia’s project timeline will depend on the ACN’s timeline and should the ACN decide to postpone consideration of Georgia’s progress report, TI Georgia will have to alter its timeframes accordingly. This will have no budgetary implications. Activity Timetable OSCE Mission to Georgia/Project Co-ordination Cell 7
April-July months - Monitoring the actions taken by the Georgian government in accordance with the OECD’s ACN recommendations at central and local levels; - Translating government reports and TI Georgia’s analyses into English language; - Distributing government reports and TI Georgia’s analyses through website posting, e-mail lists, and regional network; - Liaison with the Georgian government; - Liaison with the OECD’s ACN. August-September - Summarizing project findings; - Distributing summary of the project findings through website posting, e-mail lists and regional network; - Attending the OECD Steering Meeting in Paris; - Disseminating government’s progress report, TI Georgia’s alternative report and TI Georgia’s local corruption analysis report in Georgia and internationally; - Liaison with the Georgian government; - Liaison with the OECD’s ACN; - Preparing narrative and financial reports for the OSCE Mission to Georgia. Division of Tasks between OSCE and TI Georgia All activities will be implemented by TI Georgia. Staffing Requirements The project will be implemented by the following staff: Project Manager will be responsible for all aspects of project management; two Analysts will be responsible for carrying out research and analysis of the government’s actions and comparing these actions with the ACN recommendations; and one Accountant/Administrator will be responsible for dealing with all administrative questions and budgeting. Reporting and Evaluation Procedures TI Georgia will produce narrative and financial reports upon the completion of the project implementation or as otherwise agreed upon with the donor. OSCE Mission to Georgia/Project Co-ordination Cell 8
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