AGENDA AND PROGRAMME OF WORK

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GLOBAL FORUM VI ON FIGHTING CORRUPTION AND SAFEGUARDING INTEGRITY

STRENGTH I N UNITY: WORKING TOGETHER AGAINST CORRUPTION

DOHA, QATAR

7-8 NOVEMBER 2009

AGENDA AND PROGRAMME OF WORK

PLENARY

1.  Official opening

·         H.R.H. the Emir of Qatar

2.  Promoting leadership for global action: Keynote addresses

The Plenary session is organized thematically as follows

Sustaining Political Will: the Global Forum and its contribution to the anti-corruption agenda

Brief introductory remarks to take stock of the results of the Global Forum initiative in raising awareness about corruption and the importance of concerted action against it.

Speakers:

·         Eric Holder, Attorney-General of the United States of America

·         Ngozi Okonjo-Iweala, Managing Director, World Bank

·         Ali Bin Fetais Al-Marri, Attorney General, Qatar

Fighting Corruption : Role of stakeholders in law enforcement and criminal justice

High-level officials will highlight the fundamentals of coordination among and joint action by the institutions of the criminal justice system and their respective functions in the fight against corruption.

Speakers

·         Alexander Konovalov, Minister of Justice, Russian Federation

·         Gunnar Wieslander, State Secretary for Trade, Sweden

·         Baroness Patricia Scotland, Attorney General, England and Wales

·         Giacomo Caliendo, Minister of State for Justice, Italy

·         Mohan Peiris, Attorney General, Sri Lanka

·         Saleh bin Soud Al Ali, President, Commission of Supervision and Investigation, Saudi Arabia

Role of civil society and global public-private partnerships

Effectiveness in the prevention and control of corruption cannot be achieved without the concerted action of multiple stakeholders.  Representatives of non-governmental organizations, the media, academia and other sectors of civil society will highlight their contribution and requirements for the attainment of common goals.

This segment will also set the stage for the main focus of the Global Forum and lay the ground for the more in-depth discussions which will take place in the Roundtables.

Speakers

·         Huegette Labelle, President, Transparency International

·         Dale Murphy, Global Integrity and Dubai School of Government

·         Aart de Geus, Deputy Secretary-General, OECD

·         Georg Kell, United Nations Global Compact Office

·         Francois Vincke, International Chamber of Commerce

Role of Anti-corruption bodies

Representatives of dedicated anti-corruption authorities or agencies will discuss the challenges facing them, with special emphasis on the issue of independence.

Speakers

·         Vanessa Phala, Chief Director, Department of Public Service and Administration, South Africa

·         Jae Oh Lee, Chairman, Anti-Corruption and Civil Rights Commission (ACRC), Republic of Korea

·         Edward Hoseah, Chairman, Anti-Corruption Commission, Tanzania

·         Abdesslam Aboudrar, President, Anti-corruption Agency, Morocco

3.  ROUNDTABLES

One Special Event and Six roundtables will be held during the Global Forum (for details, see Programme of Work).  The Roundtables are designed to foster interactive dialogue between leaders of the public and private sectors, with a view to reaching policy-oriented conclusions and recommendations, as well as lead to concrete commitments for future partnerships.  Each roundtable will be led by a small panel of speakers drawn from both sectors.  The panelists will make introductory remarks and engage in dialogue with participants.  Each roundtable will have a Chair/Moderator, who will be assisted by a Rapporteur.  The Chair/Moderator, with the assistance of the Rapporteur, will formulate conclusions and recommendations of the roundtable and report to the Closing Plenary.

Roundtables 2, 4 and 5 will be held in parallel in the afternoon of the first day of the Global Forum, while roundtables 1, 3 and 6 will run simultaneously in the morning of the second day.

Special Event: Separation of Powers, Independence of the Judiciary and their Impact on Fighting Corruption

·        Rule of Law and the Concept of Separation of Powers

·        Independence of Judiciary and Equality before the Law

·        Fighting Corruption as an Imperative to Maintain the Rule of Law

This Special Event will address some basic constitutional propositions forming the pillars of good governance, transparency and accountability which in turn are the tools to wage a successful fight against corruption.

Panel:

·         Abdallah Bin Hamad Al-ATIYAH, Deputy Prime Minister, Qatar

·         Eric Holder, Attorney General of the United States of America.

·         Ali  Bin Fetais  Al-Marri,  Attorney General, Qatar

·         Baroness Patricia Scotland, Attorney General, England and Wales

Roundtable 1:  The Fundamentals of Deterrence:  Raising the Risk and Combating Impunity

·        Innovative Frameworks for Deterrence: Public and Private Experiences

·        Shielding Anti-Corruption Institutions: Independence versus Isolation

·        Transnational Criminal investigation and Cooperation

The objectives of this roundtable are to enable participants to assess current practices and explore new ideas and initiatives in the field of criminal justice and deterrence, including through the lens of bringing together the public and private sectors in cooperative action to change incentives. The discussions will focus on practical steps that can be taken in order to reduce incentives for corrupt behavior, either through governmental measures, corporate action, or industry initiatives. The roundtable will explore measures to facilitate cooperation by law enforcement authorities within and across borders, which also heightens deterrence.  In addition, the roundtable will discuss ways and means of creating and maintaining an environment in which anti-corruption institutions can function effectively, free of undue influence, and with the support of other relevant institutions.

Questions for Discussion

·         In recognition of the increasingly transnational nature of corruption, the UNCAC and other instruments have extensive and far-reaching provisions on international cooperation in criminal matters.  The roundtable will offer an opportunity to explore recent achievements and ongoing challenges of international cooperation in the investigation and prosecution of domestic and transnational corruption.  The roundtable will also examine the growing use of networks to establish confidence and facilitate cooperation. It will also discuss challenges in establishing the appropriate balance in immunities for officials.

·         Increased enforcement of anti-corruption laws has led to adoption by the private sector of preventive measures, such as corporate anti-bribery compliance programs.  In some cases, governments have created incentives, such as mitigation of potential punishment, for the adoption of such measures or for cooperation with authorities.  The roundtable will foster a discussion of the emerging options for creating such incentives, as well as the elements of a cutting edge private sector prevention program.

·         The UNCAC and other instruments put a premium on the existence of specialized anti-corruption authorities, as a key pillar of anti-corruption strategies.  A key attribute of such authorities is independence.   Experience shows that the level and degree of independence varies from country to country, determined by existing structures and systems.  The roundtable offers an opportunity to examine in more depth specific experiences in safeguarding the independence and effectiveness of anti-corruption bodies and to analyze their impact and effectiveness.  The roundtable will also serve as a forum for discussion of the benefits and risks of the interrelationship of such bodies with the statutory competence of other established institutions.

Chair:

                        Drago Kos, President, the Group of States against Corruption

Panelists

·         Mark Mendelsohn, Deputy Chief, Fraud Section, US Department of Justice

·         Peter Y. Solmssen, Member of the Managing Board and General Counsel, Siemens AG

·         Jose Luis da Mota, President, Eurojust

·         Guillermo Carey Tagle, Senior Partner, Carey and Allende, Chile, and Board Member, UN Global Compact

·         Justice Barry O’Keefe (ret.), Consultant, Clayton Utz, and Former Commissioner, New South Wales Independent Commission Against Corruption, Australia

·         Nuhu Ribadu, Visiting Fellow, Center for Global Development, and Former Head, Economic and Financial Crimes Commission, Nigeria

·         Martin Kreutner, Director of the Federal Bureau for Internal Affairs, Austria and Chair, European Partners against Corruption

·         Abed Shakhanbeh, Head, Anti-Corruption Agency, Jordan

·         Panthep Klanarongran, President, National Anti-Corruption Commission (NACC), Thailand

Roundtable 2:  Creating and Maintaining a Culture of Integrity

·        Role of Education and Public Awareness

·        Partnership with Civil Society and Media to Foster an Ethical Climate

·        Conflict of Interest

This roundtable will explore the actions required collectively to lay the foundations for a culture of integrity in all societies around the world, bringing together the wealth of norms, customs, values and traditions operating in harmony.  In exploring the contribution of education and a better understanding of the parameters of corruption and the motivations of various potential actors, the roundtable will provide room for representatives of Governments to interact with representatives of educational institutions and the private sector and explore innovative solutions for the development of programmes for the various levels of education.  Participants will also be able to discuss new means of developing awareness-raising programmes and campaigns, including through the appropriate use of new media and computer-based interactive programmes.  The roundtable will also enable dialogue between representatives of both the public and the private sectors with representatives of civil society and the media on means to work together towards increasing the understanding by the public at large of the intricacies of corruption and the challenges of fighting it.  In this vein, participants will also be able to explore the role of the media in particular, especially its capacity to foster public dialogue and accountability through accurate and responsible coverage of corruption cases and the efforts to deal with them.  Further, the roundtable will focus on ways and means that the public and private sectors can work together to prevent and deal with conflicts of interest, as a key component of every successful anti-corruption drive.

Questions for discussion

·         Requirements for the development of successful anti-corruption educational initiatives.  Methods of development of curricula for the various levels of education (primary-secondary-tertiary education).  Means to incorporate anti-corruption components in post-graduate programmes.  Specialized education programmes for practitioners.

·         The structure and methodology of anti-corruption campaigns: design, target audiences, means of delivery.  Requirements for the formulation of the appropriate message and measurement of the impact of campaigns.  The contribution of new media (e.g., social web-based networks).

·         Engagement and responsibilities of the media for successful coverage of corruption.  Role of the media in exposing corruption cases and supporting anti-corruption efforts.  Means to ensure freedom of information and the independence of the media, while avoiding sensationalism and safeguarding reputations.  The media’s challenges to maintain its own integrity and independence.

·         Requirements for cooperation between the public and the private sectors to prevent conflict of interest.  Appropriate mechanisms and regulations to prevent and control the “revolving door” phenomenon.

Chair:

Dr. Sheikha Al-Misnad, President, University of Qatar

Panelists:

·       Simon Culhane, Chief Executive Officer, Securities and Investment Institute

·       Christian Poortman, Transparency International

·       R. Vaidyanathan, Indian Institute of Management

·       John Williams, Global Organization of Parliamentarians against Corruption

·       Haji Abd Raub bin Haji Mohd Yassin, Deputy Director, Anti-Corruption Bureau, Prime Minister's Office, Brunei Darussalam

·       Wadhah Khanfar, Executive Manager, Al Jazeera Network

·       Yang Xiao Ping, Deputy Director General, Department of Education, Ministry of Supervision, People’s Republic of China

Roundtable 3:  Public-Private Partnerships in Procurement: Leveling the Playing Field

·        Tools for Greater Transparency in Procurement

·        Public and Private Responses to Corruption in Vulnerable Sectors

·        Improving Efficiency and Disclosure in Public Procurement  and e-Procurement

The roundtable is designed to deal with a particularly complex and challenging theme, but one that also holds significant promise for successful action and the production of concrete results.  Political and business leaders will have the opportunity to explore together how the area of procurement, in both the public and private sectors can become transparent and conform to common high standards of competitiveness and efficiency.  New and innovative initiatives would be discussed and showcased as a means to identify best practices and discuss their applicability in different contexts and systems.  The roundtable will also offer the opportunity of exploring the requirements for the application of modern technology in procurement management and highlight the benefits of technological solutions.  The roundtable will pay particular attention to sectors of the economy that are traditionally more vulnerable or exposed to corruption, such as energy, health, natural resources or construction.  The roundtable will also focus on procurement in these vulnerable sectors, as well as in especially sensitive sectors, such as defense, where other priority concerns need to be taken into careful consideration so as to ensure that attaining the goals of transparency and accountability are made fully compatible with safeguarding national security.

Questions for discussion

·         The quest for the “level playing field”: the essential elements of effective, consistent, simple and transparent regulation of procurement.  Measures to ensure the uniform application and enforcement of regulations and dissuasive sanctions for violations.

·         The quest for the “level playing field” II: commitments by the private sector to put in place commonly agreed practices and follow them consistently.

·         The challenges of sensitive and vulnerable sectors: reconciling transparency with the interests of responding to urgent needs, dealing with national emergencies or safeguarding national security.

·         Innovative solutions and best practices (e-procurement or web-based portals) to ensure transparency and accountability in procurement.

Chair:

Jorge Hage, Minister of Transparency, Brazil

Panelists:

·         Fernando Piatti, Director, PriceWaterhouseCoopers, Austria

·         Luiz Sampaio, Corporate Finance / Internal Controls, Petrobras, Brazil

·         Costas Bakouris, Chairman, Board of Directors of Corinth Pipeworks S.A. and Chairman, Greek-Russian Business Council, Greece

·         Abdessamad Saddouq, President, Commission Éthique et Déontologie de la Confédération Générale des Entreprises du Maroc

·         Bernard O’Donnell, Chief Investigator, the Global Fund for AIDS, Tuberculosis and Malaria

·         Guitelle Baghdadi-Sabeti, Manager, Good Governance for Medicines Programme, WHO

Roundtable 4:  Public-Private Partnerships for Institution-Building against Corruption

·        Strategic Alliances to Meet Technical Assistance Needs for Institution-Building

·        The Private Sector Working Together with the Development Assistance Community

·        UNCAC and Other Relevant International Instruments as a Basis of Country-development Partner Dialogue on Anti-Corruption Initiatives

The reduction of corruption has clear and well-known benefits for both the private sector and the donor community.  For the donor community, effective action against corruption is key to meeting specific objectives related to development, while it reduces the cost of doing business and levels the playing field.  In recent years, thinking about the roles and responsibilities of, respectively, the donor community and development assistance providers (both bilateral and multilateral), and the private sector is evolving.  Businesses are increasingly appreciating the importance of effective and strong institutions in the countries where they operate, especially in the area of preventing and fighting corruption.  The roundtable will enable representatives of the development assistance community to engage in a dialogue with the private sector in an effort to map respective roles and areas where each one can bring added value to the work of the other.  The roundtable will also enable the identification of areas where new ideas can be tested and current efforts and programmes assessed.  In addition, the roundtable will offer opportunities for the identification of the parameters of successful and sustainable alliances, especially in the area of common efforts to help countries build or strengthen institutions, which requires long-term commitments.

Questions for Discussion

·         The UNCAC is the only international legal instrument of its kind to incorporate in one of its chapters detailed and extensive provisions on technical assistance, in recognition of the urgent need to help developing countries and countries with economies in transition to face the challenges of modern-day corruption and close the gaps that inevitably will exist in their efforts to implement the Convention.  It has been argued, in fact, that the delivery of technical assistance is itself a key component of implementing the Convention.  The roundtable will bring together development and technical assistance providers, offering them the opportunity to exchange views on how to improve the delivery of technical assistance, in line with commonly agreed principles, and ensure that needs identified by developing countries are met in an efficient and coordinated manner and that the long-term capacity of developing countries to meet their needs for implementing UNCAC is supported.

·         The existence of the necessary normative and institutional infrastructure in all countries is an essential component of their ability to prevent and combat corruption effectively.  Such ability is crucial not only for the achievement of development objectives by the country itself, but also for the ability of the private sector to operate in an environment that provides the certainty and “level playing field” it needs to realize its potential and achieve its goals.  Therefore, the provision of technical assistance can also be viewed as an investment that the private sector may wish to consider, joining forces with the various multilateral and bilateral assistance providers. Where developing countries are involved, the role of SMEs needs also to be considered. The roundtable will offer the opportunity of discussing the feasibility and modalities of such an approach.

·         In this perspective, the Roundtable will discuss the role of UNCAC as a basis for partners dialogue, as well as the role of the OECD Anti-Bribery Convention in promoting public-private partnerships in institution-building against corruption. The OECD Anti-Bribery Convention focuses on the ‘supply side’ of foreign bribery, which is particularly relevant in the context of aid-funded public procurement contracts in developing countries. This session will also examine how the OECD Anti-Bribery Convention and related instruments can be used by donor countries to detect, report, prosecute and punish corruption in aid-funded procurement, and most importantly, to prevent it. It will further examine the role that aid agencies can have in this important work, both on the ground and in capitals, in cooperation – whenever feasible - with the private sector.

Chair;

Geraldine Fraser Moleketi, Director, UNDP, former Minister for the Public Service and Administration, South Africa

Panelists;

·         Dimitri Vlassis, Chief, Corruption and Economic Crime Section, UNODC

·         Susanne Dorasil, Head, Division of 'economic policy, financial sector', Federal Ministry for Economic Cooperation and Development (BMZ)

·         Sabine Zindera, Vice President, Corporate Legal and Compliance, Siemens

·         Djordjija B. Petkoski, World Bank

·         Ben Dickinson, OECD DAC

·         Gunnar Wieslander, State Secretary for Trade, Sweden

·         Pedro Montoya, ICC Member and EADS

·         Gabriel Negatu, Director, Governance, Economic and Financial Management Department,  African Development Bank              

Roundtable 5:  Bridging the Public and Private Sectors’ Efforts for Reform

·        Freedom of Information for Greater Accountability

·        Whistleblower protection

·        Assessing Progress against Corruption and Rewarding Anti-corruption Leaders.

Reforms generally require the considerate identification of goals, the development of strategies to achieve them and the adoption of specific action plans with concrete measures, coupled with implementation that is consistent and sustained over time.  Beginning from this common premise, the public and private sectors can exchange experiences and lessons learned in their respective efforts and discuss variations in approaches necessitated by differences in objectives and requirements, and commonalities in methods and means to achieve measurable results. An environment where information flows freely and is used advisedly for the formulation of policies and the assessment of success is essential.  The roundtable will focus on identifying the requirements for systems that will ensure this free flow of information and its appropriate use for action.  The roundtable will further serve as a forum for discussion of the measures required to encourage reporting about the incidence of corruption, assessing and acting upon the information received from whistleblowers and their protection.  Reforms require leadership which is ready and capable of assuming risk and sustaining efforts in spite of adversity or obstacles created by those opposed to change, who often wield considerable power.   The roundtable will enable discussion on and identification of methods and means for societies, private sector entities and Governments to protect and reward the courage of anti-corruption leaders.

Questions for Discussion

·         The development of comprehensive strategies to prevent and fight corruption.  Means to assess the requirements for their implementation and evaluate results.  The role of the private sector in the development, implementation and assessment of impact of anti-corruption strategies.

·         Solid cooperation between the private and the public sector for successful efforts towards reform.  Lessons that can be exchanged.  Commonalities and differences of reform efforts, depending on special circumstances and aims.

·         Access to and proper assessment of information to guide reforms and develop benchmarks for success.

·         The question of whistleblowers: who they may be, how to ensure open channels for whistleblowers to provide information to competent authorities and means of receiving and acting upon such information.  Methods to ensure protection of whistleblowers.

·         Leadership in anti-corruption:  various levels of such leadership, how to reinforce and sustain it and how to support and reward anti-corruption leaders.

Chair:

Dr. Nikos Passas, Northeastern University and Chairman of QCo Holdings

Panelists:

·         Rt Hon The Lord Woolf of Barnes, Former Chief Justice of England and Wales, Chair of Woolf Committee

·         Michael Pedersen, Head, Partnering again Corruption Initiative (PACI), World Economic Forum

·         Rolf Alter, Director of Public Governance and Territorial Development – OECD

·         Joyce Rosalind Aryee, CEO, Ghana Chamber of Mines

·         Wassim Harb, UNDP POGAR

·         Anne Lugon-Moulin, ICAR

·         Delano Oredeji Kofoworola, Chief Compliance Officer and Company Secretary, OANDO Group

·         David Campos, Vice President, Alcatel-Lucent

·         Mamadu Saliu Jano Pires, Minister of Justice, Guinea Bissau

Roundtable 6:  Global Financial Crisis and Corruption

·        Due Diligence in the Financial Sector including the Case of Politically Exposed Persons (PEPs)

·        Self Regulation versus Public Control: Striking the Balance

·        Impact of and Lessons Learnt from the Financial Crisis

The current financial crisis has created a renewed sense of urgency and has sparked debate about the merits and risks of self-regulation in the private sector.  Governments, international institutions and the international business community are seeking ways of delineating the full parameters of the crisis, reaching an in-depth understanding of its causes, and coming to terms with the mistakes of the past, while charting a course for the future that will prevent such mistakes from happening again.  The challenge facing both the public and private sector as this debate unfolds is to strike the appropriate balance between the discharge of the inherent responsibilities of the public sector with the ability of the private sector to perform in a way that would enable it to achieve its goals and create value for itself and economies around the globe.  The challenge is also to effectively control the fears generated by the crisis so that they do not stand in the way of somber reflection for efficient corrective action.  In addition, the crisis offers a unique opportunity to forge alliances and create partnerships to overcome it and at the same time shield the world from its recurrence.  In this constellation, the financial sector occupies a prominent position, facing unique challenges and charged with special responsibilities.  Those are well illustrated by the case of PEPs and the intricacies of ensuring that banks and other financial institutions are able to discharge their functions of increased diligence and scrutiny.  The roundtable is designed to bring together leaders in the financial sector and representatives of regulatory authorities and international organizations in the effort to identify workable solutions as well as forging viable and sustainable alliances.

Questions for Discussion

·         The financial crisis and anti-corruption:  the risk that coping with the financial crisis will affect the priority accorded to anti-corruption efforts. 

·         The dilemma between self-regulation and regulation by governments:  where in the “golden balance” and how to ensure that deficiencies of or failures in self-regulation are appropriately dealt with.

·         The increased responsibility of the financial sector to deal with corruption proceeds: appropriate regulatory reform and the challenges posed by the increased scrutiny requirements for politically exposed persons.  How can financial institutions be supported in the related efforts.

·         Have the lessons from the financial crisis been learned?  How can they be applied to the anti-corruption agenda?

Chair:

·         Ngozi Okonjo-Iweala, Managing Director, World Bank

Panelists:

·         Daniel Claman, Asset Forfeiture and Money Laundering Section, Criminal Division, Department of Justice, USA

·         Futhi Mtoba, Chairman of the Board at Deloitte and Member, UN Global Compact Board

·         Eugenio Curia, Ambassador, Permanent Representative of Argentina to the United Nations, Vienna

·         Jonathan Winer, Senior Vice-President, APCO Worldwide

·         Lise Stensrud, Norad

·         Jermyn Brooks, Transparency International

4.  PLENARY

Conclusions and Recommendations: Future Perspectives

The Chairs of the Roundtables will inform the Plenary of the conclusions and recommendations emerging during the discussions. The Plenary will also receive a summary of the outcome of the parallel Youth Forum.

Message from Thailand Prime Minister Abhisit Vejjajiva on the 14^th IACC (Bangkok 2010).

Message from UNODC, Secretariat of the UNCAC CoSP.

Adoption of the Final Document.

Closing Ceremony

The Youth Global Forum

The Youth Global Forum on Fighting Corruption and Safeguarding Integrity is an international conference for High School students that will be held in parallel to the Global Forum VI. The Youth Forum is organized by QatarDebate and based on the contents and structure of Global Forum VI.  Forty students from all over the world will take on the roles of country delegates and representatives from the public sector and civil society. After attending the opening of the Global Forum VI, they will engage in discussions about Roundtable 2 “Creating and Maintaining a Culture of Integrity”  and Roundtable 5 “Bridging the Public and Private Sectors’ Efforts for Reform”. Based on issues arising in the real world, the students will come up with their  own conclusions and recommendations to the chosen topics and thus bring the voice of the Youth to the attention of the international community.

CALL FOR PAPERS

The submission of papers on the topics of the plenary or the roundtables are welcome.  The organizers have formed an editorial committee which will make a selection of papers submitted by participants for inclusion in a publication dedicated to the Global Forum.

PROGRAMME OF WORK*

*The programme is subject to change in order to take into account the participation of high level delegations as well as time available.