5. Accountability
Applying the Capacity Assessment Methodology to anti-corruption agencies
Enabling environment
While it is essential that ACAs have sufficient authority and independence, at the same time, it is important that there is also a proportional level of accountability is also important. Although not an explicit UNCAC requirement, ACAs may operate more effectively if they are required to report to an oversight body, such as Parliament or a Public Council (including representation of civil society, academia, professional associations such as bar associations, employers’ associations, or unions, as well as key national authorities). An oversight body with sufficient authority to review and report on the ACA’s conduct may enhance the ACA’s public credibility and shield it from adverse public opinion. It should have the ability to review the ACA’s decision to cease investigating a complaint or even to provide directives to undertake an investigation (but not the reverse, i.e. to stop an on-going investigation). Oversight bodies may also look at the financial and resource needs of the anti-corruption agency and make recommendations to the government. Furthermore, oversight bodies may organize public meetings or media conferences to share their views on the ACA’s progress and priorities. Accountability systems help track performance. An effective accountability mechanism should lead to credibility and stronger public support.
Moreover, in order to enhance transparency and accountability, the ACA should consider developing internal mechanisms to facilitate its own reporting on activities, decisions taken and results. Clear procedures for case initiation and management are important and may be facilitated by case management systems. These systems allow for easy statistical information on case take up, processing and final outcome, as well as on performance of ACA staff handling complaints and investigating cases.
For example, Romania’s National Integrity Agency is overseen by a National Integrity Council, comprised representatives of political groups in Parliament, of the ministries of Justice and Public Finance, of associations of local authorities, of civil servants, of magistrates, and of civil society like the UNODC GoCase software, Anti-Corruption Commission of Bhutan case management system or Timor Leste Integrated Management System.