MECHANISM FOR FOLLOW-UP ON IMPLEMENTATION OF THE INTER ...



MECHANISM FOR FOLLOW-UP ON IMPLEMENTATION OF THE INTER-AMERICAN CONVENTION AGAINST CORRUPTION

Committee of Experts |OEA/Ser.L

SG/MESICIC/doc.201/07 rev. 1

29 June 2007

Original: Spanish | |

SECTION I. PROGRESS IN THE IMPLEMENTATION OF THE RECOMMENDATIONS

FIRST ROUND OF REVIEW

Instructions: Following the same structure as the country report of the First Round,[1]/ and with respect of each one of the recommendations to which your country wishes to refer in this progress report, please provide the following information:

RECOMMENDATION: Please transcribe the text of the recommendation made to your State by the

Committee in the country report of the First Round, and with respect to which you would like to inform

on progress that has been made:

1. STANDARDS OF CONDUCT AND MECHANISMS TO ENFORCE COMPLIANCE

(ARTICLE III, PARAGRAPHS 1 AND 2 OF THE CONVENTION)

1.2. Standards of conduct to ensure the proper conservation and use of resources

entrusted to government officials in the performance of their functions and enforcement mechanisms

Recommendation suggested by the Committee that requires information on its implementation or which required additional attention within the Framework of the Second Round22:

Recommendation 1.2:

Consider strengthening and updating systems of control and use of resources within the public administration, by developing enforceable standards applicable to all public officials and employees that make it a duty to conserve and make proper use of the resources entrusted to them in the performance of their functions.

With regard to this recommendation, the following measures can be mentioned:

- Introduction of a detailed mission report form. Upon return to the country, the representative of Suriname must complete an extensive questionnaire (A more than fifty questions counting document). Prior to the mission, a commitment to this form of report is signed.

- Introduction of a system by the Government within the different departments, through which improper telephone usage by officials (e.g. for private purposes) should be avoided or eliminated and the telephone costs should be lower. Each Department/ Ministry has access to an x- number of phone lines and phones, within which calls can be made back and forth.

3. OVERSIGHT BODIES FOR THE SELECTED PROVISIONS (ARTICLE III, PARAGRAPHS 1, 2, 4 AND 11, OF THE CONVENTION)

Recommendation suggested by the Committee that requires information on its implementation or which required additional attention within the Framework of the Second Round25:

Consider strengthening the functions of, and where appropriate, create oversight bodies that enforce compliance with the matters covered by the provisions of Article III, paragraphs 1, 2, 4 and 11 of the Convention; provide them with the necessary resources to enable them to carry out their functions in full; and establish mechanisms necessary to permit effective institutional coordination, as well as periodic evaluation and monitoring, of the measures they adopt.

With regard to this recommendation, the following measures can be mentioned:

- Strengthening of the judiciary (Judges and Public prosecutors) in 2011 with seven judges and in 2013 with 8 prosecutors. These officers reflected on a published application for people with a master’s degree in law. After a selection procedure there were selected and trained during a five year course. The selection takes place under the supervision of the Council for Recruitment and training of Magistrates.

- Two new buildings for the judiciary, from which one will be taken into use within short term.

- Kick off in June 2012 of the process of implementing a written and enforceable Code of Ethics for the Judiciary during a workshop of the Management of the Judiciary.

- Courses on a regular basis regarding e.g. actualities in Law.

- Strengthening of the Audit Office in April 2012, by lifting the understaffing through appointment of a chairman and three new members. This institute operated some years without a chairman.

4.2 Mechanism for access to information

Recommendation (4.2.2) suggested by the Committee that requires information on its implementation or which required additional attention within the Framework of the Second Round27:

Establish a requirement that all government entities, to the extent practicable publicize their procedures, results, and other relevant information through the use of such communication methods as publications, dissemination centers, mass media and Internet web sites.

With regard to this recommendation, the following developments can be mentioned:

- Launching of the Government website ( .sr ), with links to all the different departments (Ministries). On the website the public can find among others, permit conditions, procedures, requirements. On most of the links of the Ministries/ departments, it is possible to file a complaint.

- All Ministries have an information program on television, in which developments and information related to this department are discussed.

- Weekly issue of “The Government Newspaper” in which information regarding the departments is published. E.g. the Ministry responsible for issuing domain land - which includes decisions concerning procurement - publishes a list with the names of people who were allocated Domain land.

7. GENERAL RECOMMENDATIONS

Recommendations suggested by the Committee that require information on their implementation or which required additional attention within the Framework of the Second Round34:

Recommendation 7.1:

Design and implement, where appropriate, training programs for public servants responsible for application of the systems, standards, measures, and mechanisms included in this report, in order to ensure their proper acquaintance, management, and application.

With regard to this recommendation, the following developments can be mentioned:

- On behalf of the Ministry of Justice and police, Government employees were trained by a NGO about August 2012.

- The same NGO provided the members of Parliament with information in relation to their role in the fight against corruption.

SECOND ROUND OF REVIEW

1. SYSTEMS OF GOVERNMENT HIRING AND PROCUREMENT OF GOODS AND

SERVICES (ARTICLE III (5) OF THE CONVENTION)

1.2. Government Systems for the Procurement of Goods and Services

In light of the comments made in the noted section, the Committee suggests that the Republic

of Suriname considers the following recommendation:

- Strengthen systems for the procurement of goods and services by the government.

In meeting this recommendation, the Republic of Suriname could take into account the following

measures:

- On the website of the Cabinet of the Vice President (who is chair of the Council of Ministers) Public Tenders are also being published.

- Publication on 06/10/12 of the procurement rules for (public) works and the execution conditions.

3. ACTS OF CORRUPTION (ARTICLE VI.1 OF THE CONVENTION)

Recommendation 3.1.

Modify and/or complement the Criminal Code, in order to expand the coverage to meet the requirements of Article VI.1 of the Inter-American Convention against Corruption.

Measures suggested by the Committee:

a. Article 427 of the Criminal Code, could be complemented so as to include the elements“solicit,” “directly or indirectly”, modify the elements “gift or promise” with “any benefit such as a favor or advantage,” include that the benefit can be for himself or for a third party, and modify or replace the conditional term “contrary to its obligations,” allowing for the inclusion of conducts carried out in the performance of duties.

b. Article 229 of the Criminal Code could be complemented so as to include the elements “offering,” “directly or indirectly”, modify the elements “gift or promise” with “any benefit such as a favor or advantage,” include that the benefit can be for himself or a third party, and modify or replace the conditional term “contrary to its obligations,” allowing for the inclusion of conducts carried out in the performance of duties.

c. Article 430 of the Criminal Code could be complemented so as to modify the element “payments” for “any benefit such as a favor or advantage,” and include that the benefit can be for himself or for a third party.

d. Criminalize, in its Criminal Code, the conduct of an accessory after the fact, as well as the co-author or accomplice, instigator, and the conspiracy of two or more persons to commit a crime, for the purposes referred to in paragraph e) of Article VI.1. of the Convention.

e. Study the possibility of amending the legislation in place, in particular the Criminal Code, so that the definition of public servant is expanded to include those private citizens who perform public functions or who manage public funds in any capacity or form.

ADOPTED MEASURES:

With regard to this recommendation, the following developments can be mentioned:

- In general the Government announced “a crusade against corruption” in its Policy Statement 2010-2015.

- In accordance with the recommendations in the second round, a revised draft Anti Corruption Law and additions to the Criminal Code (concept 24 July 2012), were produced. The revisions include additions to or changes in the Criminal Code in the following articles: 229a, 230a, 390, 390a-b, 426, 427, 427, 427A-C, as recommended.

THIRD ROUND OF REVIEW

1. DENIAL OR PREVENTION OF FAVORABLE TAX TREATMENT2 FOR

EXPENDITURES MADE IN VIOLATION OF THE ANTICORRUPTION LAWS

(ARTICLE III (7) OF THE CONVENTION)

Recommendation

(c) Publish Suriname’s tax legislation and all related information, through official portals, so that

it is freely available in order to facilitate its consultation, application, and dissemination (see

Section 1.2 of Chapter II of this Report).

With regard to this recommendation, the following developments can be mentioned:

- The Office of Tax Administration has an updated website.

- Tax legislation (11 acts) is published on a website (dna.sr › Geldende tekst (tot 2005) › Belasting)

2. PREVENTION OF BRIBERY OF DOMESTIC AND FOREIGN GOVERNMENT

OFFICIALS (ARTICLE III (10) OF THE CONVENTION)

Recommendation

Publish Suriname’s Commercial Code and all related information, through official portals, so

that it is freely available in order to facilitate its consultation, application, and dissemination

(see Chapter II, Section 2.2 of this Report)

With regard to this recommendation, the following development can be mentioned:

- Financial - economical acts are published on a website (dna.sr › Geldende tekst (tot 2005) › Financial Economisch)

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[1]. By way of a guide, the last page of this standard format describes that structure in connection with the issues covered in the First Review Round.

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