2. Institutional arrangements and coordination mechanisms
Applying the Capacity Assessment Methodology to anti-corruption agencies
Enabling environment
Fighting corruption requires more than one single ACA. The multitude of UNCAC articles on preventive measures, criminalization, international cooperation and asset recovery clearly demonstrate that tackling corruption requires the support and engagement of many institutions. The ACA needs to be integrated into this wider national integrity system. A number of state bodies will be mandated to perform specific functions, which may be closely related to the ACA’s mandate and also may impact the effectiveness of the ACA. The capacity assessment will reveal where other institutions support the ACA and contribute to its work and where they hamper its effectiveness. It is important to map all the actors working on anti-corruption and to assess their impact on the ACA (see Annex 1 for a sample stakeholder survey). Common institutional partners include: President’s Office, Prime Minister & Cabinet, Parliamentary Committees, Auditor General, Internal Audit, Financial Intelligence Unit, Police Department, Attorney Generals Department, Department of Public Prosecutions, National Human Rights Institution, Ombudsman, Public Service Commission, Ministry of Education, academic institutions, etc.
Challenges for the ACA may include: inadequate positioning within the institutional system, overlapping mandates and lack of authority, which may result in institutional rivalries and poor coordination. In some countries, ACAs are newly established institutions and therefore face challenges in inserting and profiling themselves within the existing institutional landscape, in addition to inherent issues of institutional build-up. For instance, it is not unusual for multiple institutions (such as the police department, the ACA and the ombudsman) to be mandated to carry out investigations, resulting in the weakening of the authority of one or all of the particular institutions. Thus, an analysis of the dynamics of inter-institutional relations is also necessary. Ideally, the national integrity system should allow for inter-institutional collaboration within a coherent institutional framework with effective coordination mechanisms in place.