Consultancy National Policy on Anti Corruption Development

Swaziland is a signatory to international and regional instruments on corruption such as the United Nations Convention Against Corruption (UNCAC) and the African Union Convention on Prevention and combating corruption, the country is yet to ratify these conventions. The conventions provide strategic guidance to international and national anti corruption approaches that could be adopted by countries. Swaziland recognises Article 5(1) which stipulates that ‘Each State Party shall, in accordance with the fundamental principles of its legal system, develop and implement or maintain effective, coordinated anti corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability. The Prevention of Corruption Act of 2006 establishes the Anti Corruption Commission (ACC) which was operationalised in 2008. The ACC was re-launched with a three-pronged mandate of prevention, education and investigations. In 2006, a National Anti Corruption Forum (NACF) was constituted, and members included the public, private and civil society sectors. The mandate of the NACF was to facilitate the implementation of the Swaziland National Anti Corruption Strategy and Action Plan (SNACS) which sought to eliminate and prevent corruption at all levels as well as enhance private sector participation in anti corruption activities. Despite such national efforts Swaziland is not perceived positively Internationally or globally on issues of corruption. The 2011/12 Global Corruption Index rates Swaziland as #134/142 among most corrupt countries. Transparency International Corruption Perception Index (2011) ranks Swaziland at 95 / 182 with a score of 3.1. Corruption is perceived as a key constraint and deterrent to investment and donor funding. The international ranking is an indicator to which governments need to urgently respond and commit to and put in place inclusive mitigation measures that aim at preventing of corruption at all levels including strengthening of governance mechanisms in the country. The Minister of Finance has declared that on annual basis an estimated $11million is lost to corruption in the public sector. This is about 3 percent of GDP and 10 percent of the annual budget. In 2010, the Government conducted the first National Corruption Perception Survey whereby 4,000 households revealed that 94 percent of respondents viewed corruption as a major concern in all government sectors. The national survey also alludes to a lack of commitment by the Government and the Anti Corruption Commission (ACC) in curbing corruption. The Government has also established an Inter agency Task Team on Corruption comprising the Anti Corruption Commission, the Royal Swaziland Police, Directorate of Public Prosecution, Financial Intelligence Unit and KPMG to review and investigate high profile corruption cases. “Dealing with corruption is a collective responsibility of everyone”, the speech by His Majesty King Mswati III when he officially opened the fourth session of the 9th Parliament this year in 2012 and pronounced zero tolerance towards corruption. It is imperative therefore that the Government and the ACC provide a guiding framework that would provide policy direction in curbing corruption. At present, corruption is often perceived to be the remit of the ACC only and yet fighting corruption requires a collective approach that includes the private and public sectors including civil society organisations. The Government of Swaziland is concerned about the increased prevalence of corruption which reduces investor’s confidence on the system of governance and hinders on the country’s efforts to enhance socio-economic and political development. Swaziland has an urgent need to put in place an all inclusive National Policy on Anti Corruption that will give a strategic approach to addressing corruption legally, institutionally and socially with emphasis on investigations, preventative and educational initiatives. The main objective of the exercise is to develop a National Anti Corruption Policy for the Kingdom of Swaziland which will provide a framework for developing ways and means of preventing and combating corruption in a comprehensive, coordinated, inclusive and sustainable manner. The policy framework must outline a course of action that will provide for acceptable legal, institutional and social interventions in the fight against corruption. It should also be inclusive, highlighting the role of all stakeholders with regards to prevention, investigations and education.

Duties and Responsibilities

Developing a National Anti-Corruption Policy that will include among other topics: objectives; legal framework; institutional framework; social context; challenges; measures to be put in place; guiding principles; role of stakeholders; coordination mechanisms; information and communication with stakeholders monitoring and evaluation as key requirements; Reviewing a legal framework that provides an overview of the legal framework of the country inclusive of international and regional instruments with regards to corruption. This should also include the review of existing strategies, assessments, existing anti-corruption initiatives and gaps to inform policy formulation and operationalization needs; Reviewing of institutional framework to provide mechanisms for the coordination of anti corruption programmes in public agencies, private sector and within civil society. Identify institutional procedures required for implementing policy change. Review corruption within the social context and develop programmes that counter cultural and traditional practices that are abused to promote corruption; Work closely with the Technical Working Committee in advising and outlining a list of stakeholders to be consulted including discussions of inception, draft and final report; Identify strategies that will enhance public sector transparency, accountability and predictability into service delivery and develop sector performance measurement for the attainment of national development goals; Outline the institutionalisation of integrity programmes with emphasis on prevention, investigations and education exercises which will be implemented in public, private and civil society organisations including punitive measures to be taken against citizenry/sectors who will not comply with policy requirements; Identify strategic approaches that seek to promote ethics, integrity, transparency and accountability and access to information to aid in preventing and combating corruption in the country; Identify coordination and harmonisation mechanisms for the implementation of good governance reforms within the Swaziland Government Ministries; The policy shall have a clearly defined mechanism of monitoring and evaluation; Conduct wide consultations with various key stakeholders and focus group discussions in order to solicit national ownership of policy; Provision of authoritative and comprehensive steps to be taken towards effective enforcement of the provisions of the national anti-corruption policy; Integration of conclusions emerging from stakeholder validation in the final report. Deliverables: Inception report to be produced after five working days after entering into the consultancy; Stakeholder consultations, individual/focus/group discussions, and stakeholders’ validation of draft National Policy on Anti Corruption and the process consultation report not exceeding 5 pages; National Policy on Anti Corruption presented for approval by the Government of Swaziland.

Competencies

Proven analytical, organizational development and inter-personal skills; Strong conceptual and analytical skills; Excellent oral, and effective presentation and report-writing skills; Excellent computers skills required; Ability to meet deadlines with minimum supervision; Proficiency in English, written and spoken.

Required Skills and Experience

Education: Masters Degree in the following fields: Public Administration, Public Policy and Development, Social Sciences, Political Science, Development Studies or a related discipline. Experience: At least 10 years of relevant professional experience including at least five years experience in policy development; Experience with developing anti corruption policy will be an added advantage; Substantial knowledge and understanding of corruption issues in the region and internationally. Language Requirements: Proficiency in English, written and spoken.

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.

National Policy on Anti Corruption Development Consultancy