VOLUME 2, ISSUE 1 GOPAC NEWS PAGE 1

Global Organization of Parliamentarians Against Corruption

GOPAC WELCOMES THE WORLD!John WJohn WJohn WJohn WJohn Williams, Member of Pilliams, Member of Pilliams, Member of Pilliams, Member of Pilliams, Member of Parliament, Canadaarliament, Canadaarliament, Canadaarliament, Canadaarliament, Canada

VOLUME 2, ISSUE 1/September 2002

GOPAC News

Global Organization of PGlobal Organization of PGlobal Organization of PGlobal Organization of PGlobal Organization of Parliamentarians Against Corruptionarliamentarians Against Corruptionarliamentarians Against Corruptionarliamentarians Against Corruptionarliamentarians Against Corruption

Inside This IssueInside This IssueInside This IssueInside This IssueInside This Issue

GOPAC Welcomes the World 1

The Parliamentary Centre 2and GOPAC

The Problem of Corruption in a 3process of Democratisation ofPostcommunist Countries

Fighting a Goliath... 4

When the Bulls Fight, the Grass 5Suffers

Regional Contacts 8

German Parliament Approached 5

In this modern andcomplex world, thed i f fe rent i a t ionbetween the roleof Parliament andthe role of govern-ment is often fuzzyand confused.

Voters, and in many cases parlia-mentarians, do not see the two institutionsas separate identities with governmenthaving the responsibility to govern thecountry and parliament having theresponsibility to hold governmentaccountable for its performance.

With this in mind, I am very pleasedto welcome delegates from around theworld to the inaugural conference ofGOPAC. I believe that this conferencewil l be a watershed moment inbringing together l ike-mindedparliamentarians from around theworld who are serious about pickingup the challenge to fight corruption.

Fighting corruption means thatparliamentarians understand their roleand exercise their role in holdinggovernments accountable for theiractions. Therefore, it will be one of thefundamental challenges of GOPAC toelevate the effectiveness of Parliamentas an institution of accountability andensure that governments account notonly to Parliaments but also to theirpeople for the way in which they spend

taxes, manage the economy anddeliver services.

The GOPAC conference will bringtogether a number of regional chaptersof GOPAC, including two newlyformed chapters, one in LatinAmerica, and one in the RussianFederation. GOPAC is intended to bethe umbrella organization to providesupport to regional chapters who willorganize training, activities, researchand improvement of their legislatures.Each regional chapter will bring itsown particular experience withcorruption and develop their ownindividual strategies to fight corruptionin their own part of the world.

Most conferences are single eventswithout the opportunity for follow-through. The GOPAC conference isdifferent. It is the inaugural conferenceand will create an organization that willhave the capacity to developmomentum and continuity. One itemof business therefore will be theadoption of a constitution forGOPAC, and the creation of its Boardof Directors, comprised of threemembers of the executive of eachregional chapter.

The organization is designed along theconcept of “self-help” rather than“some people have a problem andsome people have the answers.” Noone is immune to corruption in any

The Senate and House ofCommons of Canada, theParliamentary Centre and JohnWilliams, M.P., Chairman of theStanding Committee of theHouse of Commons on PublicAccounts are pleased to announcethe Global Conference ofParliamentarians Against Corruptionto be held from October 13th to16th in Ottawa, Canada. TheGlobal Conference will bringtogether up to two hundredParliamentarians from all parts ofthe world, committed to goodgovernance and the fight againstcorruption.

For more information on theGlobal Conference please checkout the official conferencewebsite at www.parlcent.ca/anticorruption/gopac.

PAGE 2 VOLUME 2, ISSUE 1GOPAC NEWS

GOPAC is anorganization ofelected members and,in the view of thefounding members,the work of GOPACmust be actively ledby elected officials. Itis equally important

in their view that they have professional support to carryout their activities and that all finances are managed by anot-for-profit organization with a solid track record ofresponsible financial management. This approach providesthe best combination of political leadership and effectiveand low-risk delivery of programs and services.

The Parliamentary Centre is a not-for-profit non-government organization and is providing secretariatsupport to John Williams MP and the internationalgroup of parliamentarians working towards developingGOPAC. The Parliamentary Centre was founded in 1968to work in support of the Parliament of Canada and itscommittees. Over the years, it has also provided secretariatsupport to some of the growing number of inter-parliamentary meetings and organizations. In addition to

these two roles, the Parliamentary Centre has becomeengaged, in the last decade, in development cooperationinitiatives to strengthen parliaments and their agenciesaround the world.

Robert Miller, the Centre’s Executive Director, and hisstaff have been providing these services as part of theiron-going work. With the heavy workload associated withthe upcoming conference in Ottawa from October 13 –16, 2002 and with funding assistance from the World BankInstitute, a more structured team and project office hasbeen established within the Centre.

On-going management responsibility for the GOPACSecretariat has been assigned to Martin Ulrich – a SeniorAssociate at the Centre. Mr Ulrich has over thirty yearsexperience in the Canadian federal government specializingin budgetary practices and parliament-government relations.Meaghan Campbell now becomes a fulltime programofficer for GOPAC and continues to serve as the principalpoint of contact with GOPAC members. She draws froman extensive background in African Studies and InternationalRelations. Two part time specialists complete the team.Geoff Dubrow is preparing conference documentation onparliamentary oversight and anti-corruption and advisingon program matters while Jeff Holmes, a communication

part of the world. We need only look at the celebratedcases of Enron and WorldCom in North America, whichhas caused the government (especially in the United States)to sit up, take notice and strengthen the rules for corporategovernance.

Parliamentarians are at the core of governance. It is ourresponsibility to hold governments to account and toapprove legislation to govern our society. While NGO’sacademics and other organizations have done much in theway of research and speaking out against corruption, itclearly falls to parliamentarians to implement that agenda.

When it comes to corruption, GOPAC must be abovereproach and demonstrate that it is competent, capableand organized. For this reason, GOPAC and its chapterswill enter into a management contract with a non-governmental organization (NGO) dedicated to goodgovernance. This collaboration will provide access to aprofessional secretariat, but more importantly will ensurethat money will be handled by professionals and not bypoliticians. For GOPAC, the Parliamentary Centre, an

NGO located in Ottawa with many years of experience indeveloping good governance, will act as the secretariat forthe global organization.

It is clear there is a groundswell of support for GOPACand its chapters by the recognition by parliamentariansfrom around the world that this is needed and by thenumber of registrations received for the conference. Theconcept of GOPAC has caught the imagination of manyparliamentarians who are committed to standing up forthe integrity of their parliament and for the developmentof their society.

I look forward to meeting many of you in Ottawa inOctober. Let us come together as an organization dedicatedto developing a better world free of the scourges of briberyand corruption.

John Williams is the Member of Parliament for St. Albert. He isalso the Chair of the House of Commons Standing Committee onPublic Accounts, and the Interim Chair of the Global Organizationof Parliamentarians Against Corruption

GOPAC AND THE PARLIAMENTARY CENTRE

VOLUME 2, ISSUE 1 GOPAC NEWS PAGE 3

Democratic transitions involve atransformation in the formal politicalstructures of the state. It invokesnew norms and expectations forpolitics, yet only rarely are thesewidely shared among the politicalelites and broader populations ofthese states. Widespread corruptionis one likely consequence, but its

control depends very much on the precise characterof the corrupt activity.

In the countries of the former Soviet Union, two sets ofinstitutions – the formal one of democracy and a marketeconomy and the informal one of corruption – coexist,side by side. Like many other countries in this transitionalstage, Georgia is facing serious economic problems.Delayed and incomplete implementation of methods andforms of market economy management, institutions,significant failures in financial policies, corrupt statestructures and many other conditions have resulted in anincrease in ‘black’ business opportunities.

Persons involved in ‘black’ business choose to offer bribesto government officials in order to get protection fromstate structures. It is worth noting that this process is notunilateral. There is a strong relationship developing betweencorrupt state officials, illegal business dealers and criminalorganizations. This process becomes global, resulting fromthe size of capital involved.

On the state level, there exist different groups and clansthat include corrupt state officials together with thoseinvolved in illegal activities. Considering all of these factors

as well as their economic interests, those involved areinterested in maintaining the current situation.

Business people do not perceive the state as guaranteeingprotection of property and economic interests and aretrying to obtain such guarantees through dealings with stateofficials. At the same time, corruption has developed intoan organized system with in certain government bodies,agencies and institutions. Taking into account the huge

influence of certain corrupt officials, a very effective‘checks and balances’ mechanism comes into existencewithin the system and significantly reduces the opportunityfor disclosing and preventing corruption.

A more holistic approach is needed since anti-corruptioncampaigns targeting individual officials only seem to workin countries where the formal institutions of democracyand a market economy are securely in place. This strategy

expert, is advising on all aspects of communications andserves as the point of contact with the media.

Program managers for the Centre’s on-going regionalparliamentary development programs in Africa, SoutheastAsia, the Middle East and Eastern Europe are linkingtheir related work to GOPAC and its regional anti-corruption networks.

Anti-corruption, and more generally strengthening theeffectiveness of parliaments, has been a core part of the

Centre’s work for some time. Information on the entireprogram, as well as a separate section on the OctoberGOPAC Conference, can be accessed on the Centre’srecently redesigned Website. It can be found atwww.parlcent.ca. Alternatively, please contact MeaghanCampbel l a t (613) 237-0143 ext . 319 orcampbme@parl.,gc.ca. The Parliamentary Centrewelcomes your comments and questions on thewebsi te, on i ts prog rams and on the GOPACconference.

Abkhazskaya (Autonomous)

GEORGIARussia

ArmeniaTurkey

Iran

Azerbaijan

Tbilisi

Yerevan Nagorna-Karabakhskaya(Autonomous)

Stepanakert

Nakhichevnskaya(Autonomous)

Adzkarskaya (Autonomous)

Yugo-Osetinskaya

THE PROBLEM OF CORRUPTION IN A PROCESS OF DEMOCRATISATION OF

POSTCOMMUNIST COUNTRIES: A CASE STUDY OF GEORGIADrDrDrDrDr. L. L. L. L. Londa Esadze, Chairperson, Independent Boardonda Esadze, Chairperson, Independent Boardonda Esadze, Chairperson, Independent Boardonda Esadze, Chairperson, Independent Boardonda Esadze, Chairperson, Independent Boardof Advisors of the Pof Advisors of the Pof Advisors of the Pof Advisors of the Pof Advisors of the Parliament of Georgiaarliament of Georgiaarliament of Georgiaarliament of Georgiaarliament of Georgia

PAGE 4 VOLUME 2, ISSUE 1GOPAC NEWS

FIGHTING A GOLIATH…PPPPP.K.K.K.K.K. P. P. P. P. PalalalalalCorporate Governance Counsellor at the Ottawa law firm, Flavell KCorporate Governance Counsellor at the Ottawa law firm, Flavell KCorporate Governance Counsellor at the Ottawa law firm, Flavell KCorporate Governance Counsellor at the Ottawa law firm, Flavell KCorporate Governance Counsellor at the Ottawa law firm, Flavell Kubrick, LLP andubrick, LLP andubrick, LLP andubrick, LLP andubrick, LLP andBoard Director at the Canadian Chapter of TBoard Director at the Canadian Chapter of TBoard Director at the Canadian Chapter of TBoard Director at the Canadian Chapter of TBoard Director at the Canadian Chapter of Transparency Internationalransparency Internationalransparency Internationalransparency Internationalransparency International

should focus efforts on eroding corrupt structures andstrengthening the fragile democratic and marketinstitutions.Londa Esadze has been the Chairwoman of the IBA (IndependentBoard of Advisors) of the Parliament of Georgia since 1997. Shehas brought to the IBA, an organization which has played an

instrumental role in a process of fighting corruption and creation ofanti-corruption policy in Georgia, the MP’s experience. Dr. LondaEsadze is the author of more than 30 publications and monographs.This is a short piece from a longer work. If you would like thecomplete paper please contact Dr. Esadze atlondaesadze@hotmail.com

Corruption has been around sincetime immemorial, and most legalsystems have featured anti-corruption provisions. Thedeficiency has always been inenforcement. The veritableexplosion of corruption that theworld has seen since the 1990s canbe linked to the easing of ColdWar barriers, the spread of the

internet, the increase of travel, the greater availability ofmaterial goods and the easing of religious/social taboos.While each of these developments adds to the good ofhumanity, they also open up opportunities for the bad: theplague called corruption has become epidemic andepidemics know no frontiers.

Corruption thrives in every country. It has become acommodity as international as any other in today’sglobalized world. Sadly the legal response to thiswidespread evil has been weak. A global antidote must befound against the poison of corruption – and theParliamentarians of the world have a key role in that search.

Legal remedies are bound by frontiers; national laws areinconsistent between countries. On the other hand,international laws are weak as they are based onconventions. Conventions are effective only as far as eachsignatory country wishes them to be. Historically, only afew crimes have been successfully tracked on theinternational legal level, like piracy on the high seas andslavery. Sanctions, even against heinous offences likegenocide and crimes against humanity, do not yet haveuniversal support amongst nations. It is no wonder thenthat a less serious offence such as corruption has yet to receivemuch attention internationally. While a draft is beingplanned, the United Nations still does not have an anti-corruption convention.

The 1997 OECD Convention is directed against the briberyof foreign public officials. It has been criticized for severalweaknesses: facilitating payments, tax deductibility andpolitical gifts. Additionally, the ratification processes insome of the signatory states were painfully slow. But,Transparency International’s May 2002 survey has revealeda more shocking fact – the Convention is neither widelyknown nor enforced. To date there has not been a singleprosecution. Furthermore, corruption extends to manyother offences of mis-governance: the wilful derelictionof duty, even where there is no exchange of favours iscorruption as well.

The earlier OAS convention of 1996 is broader, extendingto offences beyond strict bribery of foreign publicofficials. Signatory countries are required to update theirnational laws to prohibit certain defined forms of nationaland trans-national corruption. Although ratified by nearlyall the signatory states, it seems that the political andeconomic storms sweeping through the OAS region haveled many a country to put implementation andenforcement of the convention on its legal back-burner.Only recently have the signatories started discussinginternational monitoring mechanisms to evaluate oneanother’s implementation activities.

These conventions must become a reality!

Corruption is as powerful as a Goliath. Its driving strengthis the universal human greed for possession and power,and it is not confined to rich, or poor, nations. The forcesworking for corruption are far more numerous and far morepowerful than the few coalitions, like GOPAC, workingagainst corruption. Anti-corruption offers no returncomparable to the riches offered by corruption. The onlyreward for anti-corruption warriors is that of ‘feeling goodby doing good’ – which is not much of a career incentive.Philanthropy and altruism are weak counter-weights towealth and worldly assets. The obstacles are enormous and

VOLUME 2, ISSUE 1 GOPAC NEWS PAGE 5

EUROPE: GERMAN PARLIAMENT APPROACHED TO JOIN GOPACDrDrDrDrDr. Anke Martiny. Anke Martiny. Anke Martiny. Anke Martiny. Anke Martiny, F, F, F, F, Former Member of Pormer Member of Pormer Member of Pormer Member of Pormer Member of Parliamentarliamentarliamentarliamentarliament

Former Member of Parliament Dr. Anke Martiny fromGermany, who has been elected as deputy chairperson ofTransparency International German Chapter in September,recently approached the leaders of all parliamentary groupsin the German Parliament (Bundestag) and the Speakerof the House, too, to undertake efforts that the membersof the German Parliament join GOPAC. They shouldespecially help to establish a European group of GOPACtogether with other members of the European Parliamentor other national parliaments in Europe.

Germany had a bad scandal of party corruption aroundformer chancellor Kohl and his CDU/CSU- parties twoyears ago. Investigations of a special committee in theparliament may finish until the end of the four year electoralterm in September. But there are doubts that the committeereally gets substantial results. All parties started discussinga new legislation on party financing. This legislation willbe finished next spring and will already influence theelectoral campaign next fall.

Last year (2000) during a meeting between TransparencyInternational and all members of parliament being

concerned with the topics of TI, Dr. Martiny undertook afirst step to get the members of the German Parliament

interested in John Williams’ initiative. So far there wereonly two members of the Social Democratic ParliamentaryGroup who got interested in GOPAC, Prof. Ernst-Ulrichvon Weizsäcker and Dagmar Schmidt. Hopefully this timeall parties will respond.

the rewards poor, but the satisfaction of even limitedsuccess in this war is great.

Corruption destroys livelihoods, health, life expectations,savings and pensions, and Parliamentarians are the voice ofits victims. Democratic society looks to Parliamentarians toprotect the common people, first by updating national lawsso that international anti-corruption conventions (presentand future) are implemented and then, more importantly,ensuring that those new laws are actually enforced. Without

controls and sanctions, conventions merely create an illusionof a cleaner tomorrow; the inevitable disillusionment bringsdisrespect for law and legal systems.

The challenge is as unequal as David’s, but it is worthy ofhumanity.

P.K. Pal is a frequent speaker on ethics and governance. He will bepresent at the GOPAC conference as an observer representingTransparency International‘s Berlin headquarters as well as itsCanadians chapters.

Germany Denmark

Poland

Berlin

CzechRepublic

Baltic

Luxembourg

Netherlands

Belgium Bonn

Switzerland

France

NorthSea

Austria

Sea

PAGE 6 VOLUME 2, ISSUE 1GOPAC NEWS

14th, 2001. With the non-passage of the fundamentallyflawed bill, donor aid from the various donor agencies alsostopped. The government thus decided to set up the Anti-Corruption Police Unit (ACPU).

• APNAC-Kenya members have actively been workingclosely with the office of the Attorney General inlegislative drafting and policy issues.

• APNAC-Kenya was re presented in the 10 th

International Anti-Corruption Conference (IACC)held in Prague October 7-10th, 2001. Two of itsmembers presented papers. It is worth noting that outof this important conference, the Kenyan delegationcomprised of a cross-section of actors, made a JointCommitment Statement and on returning to Kenyaformed the Kenya Anti-Corruption Coalition.

APNAC Kenya was initiated in February 2001 throughthe efforts of the Hon. Musikari Kombo, Member ofParliament for the Webuye constituency. Hon. Kombois a former Chairman of the Parliamentary Anti-Corruption Select Committee that was created in 1998to study corruption and its effects in Kenya. The SelectCommittee produced a report that is popularly referredto as the ‘Kombo Report’ - a report which containedthe infamous ‘List of Shame’ To contact APNAC Kenya:P.O. Box 1798, 00200-City Square, Nairobi, Kenya Attn:Ms. Eve Lwembe. apnackenya@yahoo.com and copyto advocacy@tikenya.org.

Although it has been made clear thatthere are problems in legislating anti-corruption measures, parliamentariansmust use their role as legislators toincrease transparency.It is generally understood thatParliaments should provide leadership

in the fight against corruption by ensuring effectivegovernmental accountability to its citizens. Accordingly,parliamentarians must fight for a better balance of powerbetween executive, legislative and judicial institutions.

The role played by parliamentarians is still primarily nationaland local, serving as a link between state and constituents.A more outward looking stance requires parliamentariansto understand that public policy issues like corruption arenow trans-national and cannot be solved solely, or evenprimarily, on a national basis.

In Africa, there is a common saying, “When the bulls fight,it is the grass that suffers.” Unless parliamentarians, beingleaders of a nation, work together in unity on a numberof issues, regardless of political affiliation, the populacewho elected them will suffer. This is the intrinsic basisfor the birthing of the African Parliamentarians AgainstCorruption and its Kenya Chapter.

APNAC – Kenya

• Since its founding in 2001, APNAC –Kenya has beenactively pursuing its anti-corruption/good governanceagenda. Some of its major achievements include:

• APNAC-Kenya members have assisted inbringing tothe fore and fuelling the debate on amnesty andtransitional justice in Kenya.

• It continues to lobby stakeholders in the private/publicsector, the donor community and foreign missions onthe agenda of fighting corruption.

• APNAC members have written papers/reports, whichhave been presented in local and international seminars,workshops and conferences; some of which have beencompiled, published and disseminated through thevarious media.

APNAC –Kenya successfully lobbied parliamentarians whovoted against the Constitutional (Amendment) Bill on August

KENYA

Nairobi

Lake

Mombasa

AFRICA: WHEN THE BULLS FIGHT, THE GRASS SUFFERS

By: By: By: By: By: Musikari KMusikari KMusikari KMusikari KMusikari Kombo, MPombo, MPombo, MPombo, MPombo, MP, K, K, K, K, KenyaenyaenyaenyaenyaChairman of KChairman of KChairman of KChairman of KChairman of Kenya APNAenya APNAenya APNAenya APNAenya APNACCCCC

VOLUME 2, ISSUE 1 GOPAC NEWS PAGE 7

GOPAC CONTACTS

GOPAC Interim Chair

John G. Williams, MP510 Justice BuildingHouse of CommonsOttawa, Ontario, CanadaK1A 0A6Email: willij0@parl.gc.ca

GOPAC Interim Secretariat

Parliamentary Centre255 Albert Street, Suite 802Ottawa, CanadaK1P 6A9Email: parlcent@parl.gc.caWebsite: www.parlcent.ca

AfricaJennifer KukundaAPNAC SecretariatParliament of UgandaParliamentary BuildingP.O. Box 7178, Kampala, UgandaTel: 256-7740-3368Fax : 256-235461Email : apnacsec@parliament.go.ug

Southeast AsiaSon ChhaySEAPAC Co-ordinator and Member of ParliamentNational Assembly BuildingPhnom Penh, CambodiaTel/Fax: 855-2321-3913Mobile: 855-12-858857Email: sonchhay@forum.org.kh

North AmericaOffice of John G. Williams MP510 Justice Building, House of CommonsOttawa, ON Canada K1A 0A6Tel: 613-996-4722Fax: 613-995-8880Email: willij0@parl.gc.ca

RussiaValery Galchenko1, Okhotny ryad Str.,Moscow, 103265, RussiaT/F: 7-095-292-91-65

EuropeEluned MorganASP 13G254rue Wiertz, 60B-1047 Bruxelles, BelgiumT: +32 (0) 2 284 7457F: +32 (0) 2 284 9457 or 32-2284-9530Email: emorgan@europarl.eu.int

Newly Independent StatesVolodymyr StretovychVerkhovna Rada UkrainyM. Grushevskogo str., 501008 KIEV UkraineT: (38044) 255-40-26Email: stretovych@rada.gov.ua

Latin AmericaSenator SingerMontevideo, Uruguayjasinger@parlamento.gub.uvLAPAC SecretariatSra. Victoria Eugenia ValenciaAv. Auro Soares de Moura Andrade Nº 5644Piso, Sala 16 - CEP: 01154-060Barra FundaPhone (5511) 3824 6102 / 6103 / 6136 / 6138Fax: (5511) 3824 0627 E-mail: sejecutiva@parlatino.org.br

REGIONAL CONTACTS

Parliamentary Centre