Tanzania efforts in curbing corruption

Tanzania efforts in curbing corruption PRESENTED AT THE GBS ANNUAL REVIEW BoT CONFERENCE HALL 23 NOVEMBER, 2009 Dr. Edward G. Hoseah, Director General Prevention and Combating of Corruption Bureau P.O. Box 4865, Dar es salaam Tel: 21500343-6, Fax: 2150047 Email: dgeneral@pccb.go.tz Website: www.pccb.go.tz

Presentation on the Tanzania Efforts in curbing corruption (Progress made as of October 2009) The presentation will cover: PCCB functions and Mission (Part 1); Achievements on anti-corruption efforts (Part 2); NACSAP II Implementation (Part 3); National Corruption Survey 2009 (Part 4); NACSAP II - M&E Framework (Part 5); and Challenges and the Way Forward

PCCB functions and Mission The PCCB, is a law enforcement institution established and mandated by the PCCA No. 11 of 2007 Mandate: to (a) prevent corruption, (b) educate the society , and (c) enforce the law against corruption. Section 5 of this law establishes the Bureau as an independent public body Section 7 sets out its functions. Mandate and operations - limited to Tanzania Mainland. PCCB adopted the three-prong approach namely: prevention, public awareness, investigation and prosecution.

…PCCB functions and Mission Vision: The PCCB aspires to, and is committed to being at the forefront of fighting corruption in Tanzania while striving to be an exemplar of Excellence, efficiency, effectiveness and economy by the year 2025. Mission: Working together with all stakeholders to fight corruption by making it high risk with low returns through Education, Prevention, detection and prosecution. PCCB has 7 high levels goals to strategically fight corruption with resolve and commitment.

General Achievements Brief Statistics on status of cases: A total of 4,936 allegations were received in 2009 as compared to 6,137 in 2008 and 8,235 in 2007. (Not all allegations are related to corruption) A total of 720cases were investigated as compared to 928 cases in 2008 and 1,266 cases in 2007 A total of 1,003 werecompleted investigations as compared to 936 in 2008 (figure to increase as we close the year). A total of 29 administrative actions taken against public servants proven to be inclined to take bribes and other corrupt behavior, as compared to 74 in 2008 and 280 in 2007

…General Achievements A total of 135 files have been transferred to other watchdog institutions as compared to 184 in 2008 (a decline from last year) Thus 19% of cases investigated, have been referred to other agencies as compared to 20% in 2008. So far 169 new cases have been filed into courts as compared to 147 in 2008 (15% increase from 2008). So far 437 cases have been prosecuted as compared to 416 in 2008 (5% increase from 2008) In 2009, PCCB has recorded 35 convictions as compared to 37 in 2008 (more cases still in court and some will be completed before the end of the year)

…General Achievements PCCB had 53cases acquittal (in 2009) as compared to 71 in 2008 (number of acquitted cases are becoming minimal). So far total money recovered by the PCCB operations is Tshs. 86,951 million (US$ 67 million). Still more will be saved before end of financial year. Grand corruption in this case refer to cases that involve huge sums of money, attract public interest, involve high profile individuals, have impact on the economy and involve foreign jurisdiction (MLA). PCCB investigates at least 5 grand corruption cases per year and the rest are medium or petty corruption cases. Currently (2009) PCCB is prosecuting a total of 17 grand corruption cases as compared to 14 cases in 2008 and only 1 case in 2007.

…General Achievements Decline or increase in specific figures would mean: 1. Positive effects of efforts (i.e. less cases acquitted). 2. Cooperation from the judiciary. 3. Other factors will be shown in Perception Survey slide. What follows is a summary table on status of all cases since 1995.

…General Achievements Summary table: DPP was still having 72 files of corruption cases pending for consent to prosecute out of 133 files that was sent during this year, data as up to 20th November, 2009.

Regional Perspective The Transparency International (TI) report released on 2nd July, 2009 has named Tanzania as the least corrupt nation in the East African region, with Kenya topping the list for having the highest incidence of bribes. According to the East African bribery index 2009 report Tanzania remains the least bribery-tainted in East Africa with a corruption incidence of 17%.

Transparency International CPI Score from 1998 – 2009 for Tanzania, Kenya and Uganda

…Transparency International CPI Score of 2009: Why Tanzania has dropped? 1. These are just perceptions, they do not necessarily represent the real factual situation on the ground. 2. For the past three years the some of the print Media had reported continuously on corruption issues to the extent that as if nothing is being done by the government in curbing corruption. 4. Mistrust between and among other stakeholders which needs to be reversed by working together and open up communications and consultations. 3. The instrumentalities to gather data used by Transparency International are predominantly based on business people perceptions whether the country is conducive for investment and doing business. Such objectives are not necessarily the best measurement of the extent of corruption in the country though the data can not be ignored.

2009 Mo Ibrahim Foundation Index of East African Countries’ Governance

…Regional Perspective Index This can be attributed to: 1. Significant internal efforts to reduce corruption 2. Existence of mechanism to report corruption; 3. Political will on the fight against corruption; 4. Behavioral change of citizens due to awareness campaigns; 5. Participation of more stakeholders in the NACSAP II. 6. Enabling laws against corruption.

Progress of NACSAP II Implementation The National Anti-Corruption Strategy and Action Plan II(NACSAP II) was launched on December 10, 2006 NACSAP II (2008-2011) aims to help set up, organize, and mainstream a sustainable mechanism and responses against corruption. Also aims to address NACSAP I challenges by becoming more focused, robust, relevant and inclusive. NACSAP is the main vehicle that the Government is using in its efforts in preventing corruption before it occurs. NACSAP II is supported by UNDP and GoT (financially and in kind respectively)

…NACSAP II Implementation The key executing agencies of NACSAP II are: 1. PCCB (day to day management and implementation of NACSAP II) 2. GGCU (Monitoring and Evaluation) 3. DPP 4. Others: MDAs, Private Sector, LGAs and the CSOs The overall policy and strategic guidance to NACSAP implementation is vested in the National Steering Committee, whose membership has been widened and inclusive.

NACSAP II – 8 goals Goal 1: Combat corruption in a more scientific way and by addressing its root causes Goal 2: Ministries, Departments and Agencies of government. Goal 8: Enhance the capacity of PCCB, GGCU and DDP to deal with corruption, manage and implement NACSAP II Goal 3: Local Government Administration (LGA) Goal 4: The Private Sector into anti-corruption. Goal 5: CSOs and Non State Actors (i.e. media and FBOs) Goal 6: Raise public awareness of anticorruption. Goal 7: Build Synergy between NACSAP and Legislative and Judicial Integrity Programmes.

NACSAP II Achievements – Goal 2: MDAs All 25 ministries, 35 Departments, and 68 Agencies have established a total of 128 Integrity Committees. Trained 559 members of ICs, (150 females (26%)) on corruption and ethics (8 departments and 7 agencies are yet trained). Functionality of ICs will be evaluated during an M & E review mechanisms All MDAs been trained on how to develop anti corruption action plans, complaints handling mechanisms, Client Service Charter and how to fill out the quarterly reports for submission to GGCU.

…NACSAP II Achievements – Goal 2: MDAs Currently Prison Department has started training its officers on issues of ethics and the PCCA The Police Force is also planning to establish ICs at all levels. Progress under Goal 2: 1. Development of M&E framework to ensure regular integrity monitoring meetings is currently under progress with assistance of the M&E consultant. 2. PPRA is to hire consultant to train MDAs on PPA Challenges and way forward: Speed up implementation with delayed funding from UNDP Ensure that the MDAs are producing regular reports with the establishment of M&E System;

NACSAP II Achievements – Goal 3: LGAs Integrity Committees (ICs) have been formed in 132 of the 133 LGAs with the initial 4 members per IC. To date only 104 members of 532 have been trained (in Corruption and ethic infrastructure and on their role and responsibility) representing a 20% coverage; So far it is noted that only 11 LGAs have all the required 4 members trained, 3 LGAs have at least 3 members trained, 17 LGAs have at least 2 members trained, 17 LGAs have at least 1 member trained, and 84 LGAs have no member trained.

…NACSAP II Achievements – Goal 3: LGAs So far only 15 LGA ICs met at least once since formation while a few managed to meet more than once. (A total of 24 IC meetings held since formation and 118 ICs have never met). On reporting only 4 integrity committee wrote at least 1 quarterly report and the rest did not. It is noted that only 40 LGAs (30%) have managed to introduce the client service charter. It is also noted that only 19 LGAs have prepared anti-corruption action plans for use in their fight against corruption.

…NACSAP II Achievements – Goal 3: LGAs It is pleasing to note that all the LGAs have suggestion boxes as away of having a complaints handling system. However, no any LGA has managed to introduce hot line system nor whistle-blowing system. The NACSAP Secretariat will work with LGAs to ensure that this is done. It is also pleasing to note that about 85 LGAs allocated a total of TSS 2,247,441,327.00 for good governance activities in their respective council budgets.

…NACSAP II Achievements – Goal 3: LGAs Challenges and way forward: Keep IC working and delivering. Most figures are below expectation because the implementation of this goal delayed due to various reasons including Local Government elections; late disbursement of funds from UNDP.

NACSAP II Achievements – Goal 4: Mainstream and Empower Private Sector into Anti-corruption A total of 36 members from 13 identified business and corporate associations from DSM, Coastal region, Tanga, Kilimanjaro, Arusha and Manyara were trained on Corruption and ethics infrastructure and The role of Private sector in implementing NACSAP II. A total of 47 members from 19 identified business and corporate associations across Tanzania were trained on Corruption and Corporate governance. (Cost sharing arrangement with TPSF) A total of 96 women entrepreneurs (members of Tanzania Women Chamber of Commerce) from across the country were sensitized on The NACSAP II and The role of Private sector in implementing NACSAP II. The funding for this activity was covered by ILO exhibition activities (NACSAP took advantage)

…NACSAP II Achievements – Goal 4: Private Sector Challenges and Way Forward: Due to delayed disbursement of funds most activities earmarked for the second quarter (March to June 09) were not carried out. Consequently most activities were carried over to the proceeding final quarters of the year (July to Dec 2009). Start preparation for the establishment of the Integrity Pact for businesses and corporate associations. The on-going M & E consultancy will produce its final report in February 2010. Yet to organize a workshop, special Radio and TV programmes to create awareness on corporate social responsibility.

NACSAP II Achievements – Goal 5: Mainstream and Empower CSOs and NSAs into Anti-corruption processes 27 representatives of CSOs were trained on Ethics, corruption and Roles of ICs. 90% of expected participants attended. (19% were female) 42 religious leaders from various FBOs were trained on ethics, corruption and roles of ICs Civil Society Organizations meeting to form Civil Society Coalition on Anti-corruption held at VETA-MOROGORO on 2nd to 3rd November, 2009. 30 CSOs participated.

…NACSAP II Achievements – Goal 5: CSOs and NSAs Challenges: 1. Need to organize the NGOs into a unique anti-corruption network; 2. Need to link CSOs with the LGAs 3. Need to develop a reporting systems and commitment since CSOs have own reporting obligations

NACSAP II Achievements – Goal 6: Raise public awareness of anti-corruption A total of 232,227 Educational materials have been distributed to the general populace including newsletters and leaflets; The CSOs have also assisted PCCB in the distribution of educational materials especially during the LG elections; PCCB organized (7) TV and (76) Radio programmes as part of awareness campaign and sending out specific messages; The PCCB website has also been instrumental in sending out messages to the general public: www.pccb.go.tz (1) press conferences and (13) press releases were held on specific issues; The media has also been instrumental in publishing corrupt activities in various forms (print, electronic etc);

NACSAP II Achievements – Goal 7: NACSAP, Legislature and Judiciary 109 Parliamentarians from APNAC –TZ Chapter trained on ethics, roles of ICs and Corruption (33% were women) Trained 11 judges of the High Court and other judicial officers

NACSAP II Achievements – Goal 8: Enhance the capacity of PCCB, GGCU and DPP to deal with corruption, manage and implement NACSAP 11 members of the NSC engaged in Ethics, Corruption and roles of ICs. M&E training for 3 PCCB and 3 GGCU staff; Continuous building of organizational capacity for the PCCB, GGCU, and DPP (including logistical support); Capacity of PCCB, GGCU, and DPP for data collection, analysis, and reporting on corruption: the M&E Consultancy in progress; Support periodic National Diagnosis Studies of Governance and Corruption (one survey completed – later presentation).

NACSAP II – Challenges and Way Forward Cooperation with other key stakeholders/players for this common purpose is deficient; Need for expeditious responses from Mutual Legal Assistance responses; Lack of clear focus and understanding by some players within NACSAP implementation spectrum;

NATIONAL GOVERNANCE AND CORRUPTION SURVEYConsultant: FACEITFinancial assistance from DANIDA

Purpose of the Survey Solicit information from citizens, public officials and chiefs of enterprises and fostering public awareness about national governance and corruption issues, Provide an empirical benchmark and basis for monitoring and evaluating the effectiveness of government’s governance and anti – corruption programmes over time.

Key Findings Understanding of Corruption: Most people understand corruption as Demand for Unofficial Payment (92.5%); as compared to demand for sex (29.4%) or abuse of power (25.9%) Causes of corruption: Most people feel that the main causes of corruption are greed/selfishness, (96%) followed by moral indecency (92%) to Lack of control and accountability of public officials (88%) Perception: Most people agree that corruption is beneficial provided you do not get caught (57%); some feel that following laid down procedures in too costly and time wasting (51%) and a few feel that bribery is practically necessary for getting things done (31.1%). (There is still need to improve service delivery and improve awareness).

…Key Findings Initiation of corruption: Most people feel the service provider initiates corruption (76.3%) while 15.6% feel that individuals decides to offer a payment on own accord Reporting: 66.8% of people think that people who report corruption end up suffering most (fear of reporting is eminent) and 73% feel that they can not receive protection after reporting corruption, while 50% believe that there is no need to report since nothing will be done on the culprit. In the same vain 66.7% of people says even if reported, the case cannot be proved while 50% think that they do not want to betray anyone.

…Key Findings Circumstances: 39% encountered a situation where they were supposed to give something in which: a. 86% were asked to give money b. 7% were asked to give property c. 6% were asked sexual favours 50.3% of private sector bosses were found in situation of corrupting, while 49.7 % said no. Extent of corruption (worst institutions): 1. Most corrupt is Traffic Police (66.4%) 2. Then Police Force (64.7%) 5. Local Land Tribunal (26%) 6. TRA (25%) 3. Then Judiciary (59%) 4. Health Institutions (39.5%)

…Key Findings Effective (very) institutions to fight corruption: 1. FBOs (50.1%) 2. PCCB (46.6%) 3. Media/Press (44.1%) 4. Police Force (29.4%)

…Key Findings Ineffective institutions to fight corruption: 1. Traffic Police (59.3%) 2. Opposition Parties (22.8%) 3. Members of Parliament (21.2%) 4. Academics and Teachers (12.9%)

…Key Findings Views of enterprises if Procurement tenders are awarded in a clear and efficient manner: 50.2% say it is rarely done. 22.6% say it is sometimes done. 18.2% say is never done. 9% say is always done.

M &E Framework of NACSAP II

Monitoring and Evaluation [M & E] What is monitoring: Monitoring is a continuing function that uses the systematic collection of data on specified indicators to provide evidence of progress and achievement of objectives. The objective of M&E in NACSAP is to ensure that progress in the anticorruption initiatives of the country is periodically measured using reliable and accurate performance indicators in order to enhance public confidence in the country’s accountability systems. This will be achieved by: 1. Tracking and recording the on-going implementation of national anti-corruption efforts to continuously assess progress;

…Monitoring and Evaluation 2. Build on lessons learned from the on-going implementation of national anti-corruption efforts in order to take timely remedial measures and actions in the process; 3. Ensure accountability and assess the overall efficiency, effectiveness, impact and sustainability of anti-corruption initiatives;

Rationale for M & E in NACSAP NACSAP II as a national plan that aims to help set up, organize, and mainstream a sustainable response against corruption across all sectors needs robust reporting requirements There is need to track, record and build on lessons learned from the on-going implementation of national anti-corruption efforts. This could only be achieved through the establishment of a comprehensive M&E Framework, hence the consultancy on M&E.

Anticipated Benefits of M & E M&E results to provide accurate and reliable information on the status of corruption and anti-corruption efforts in Tanzania M&E results to support recommendations for a more effective and efficient implementation of efforts to curb corruption. Support the evaluation of the effectiveness of national prevention initiatives within the NACSAP framework. Help ensure transparency and accountability of NACSAP II activities. Key players: PCCB, UNDP, GGCU, NACSAP II & Swedish Embassy (DPs)

The current M & E Efforts in combating corruption 1. The National Steering : Review and approve annual work-plans and budgets; 2. NACSAP Secretariat: Develop plans and produce progress reports; 3. GGCU: relate to MDAs and consolidate quarterly reports; 4. National Anti-corruption forum: Annual discussion of anticorruption issues by all integrity organizations and stakeholders; The reports that reach the NACSAP Secretariat are not received directly from the originating offices. 5. NACSAP Implementing partners: Not yet producing consistent reports to NACSAP. 6. NACSAP Coordinators: Coordinating activities at regional levels focusing on LGAs

Observations and recommendations on the current M & E set-up Other NACSAP goals especially CSOs, LGAs, Judiciary and DPP have not yet developed direct reporting systems. Need bridge gap; It takes too long for the GGCU to receive reports from MDAs (Capacity building & improved systems); There is need to simplify Reporting formats and develop new ones where unavailable; Need to isolate indicators of progress that can be reported directly to NACSAP II Secretariat for the tracking of project specific achievement of progress; Need to build capacity of Local Governments, GGCU, CSOs, Private Sector on Monitoring and Evaluation.

Basic components of NACSAP II M & E Framework Introduction to M&E: Definitions, NACSAP Objectives, goals and activities and Objectives and scope of the M and E; Established Baselines and targets for each indicator (matrix); NACSAP Performance monitoring indicators that will measure progress in anti-corruption initiatives in each goal and beyond; Data Management and Progress Reporting (matrix and guide); Definition of Sources of information on each performance indicator (matrix) including responsibilities for data collection and analysis Mechanisms for feedback and follow-up actions (matrix and guide); and Guides for undertaking Periodic Evaluations and Surveys Mode/methods of collecting information for each indicator (matrix);

Feedback, learning, repositioning NACSAP Implementers [PCCB, CSOs, MDAs, LGAs, Private Sector, DPP] The NACSAP M&E FW (GGCU) Indicators Reports Data Outputs Action Feedback, learning, impact, repositioning M & E Overview

For LGAs the following will be monitored Number of projects being implemented, visited and assessed in the region by type and source of funding (and if in line with the schedule/bills of quantities), Sound procurement management with the Council Tender Boards (ratings of the procurement assessment criteria) Performance and activeness of CSOs in conducting PETS; and Existence and functionality of the Council Integrity Committees; Client Service Charter; complaints handling and hotline systems; and Code of conduct/ethics; General reduction in corruption by districts (refer to the recent outcomes of the corruption survey). Timely production of accurate reports capturing (cases handled, status of cases (number of cases under processing), trainings conducted, IEC materials distributed, research focus areas covered, follow up actions of previous reports);

General Conclusion The statistics available shows that the fight against corruption is on course in the country. Tanzania is making a remarkable progress in fighting corruption. Tanzania is the only African Country that has completed the UNICAC review mechanism, (for more information, the report can be accessed on www.pccb.go.tz) The fight against corruption requires the cooperation of all stakeholders such as DPs, Private Sector, Parliament, CSOs, the media, Judiciary, the Executive and others.

Tanzania efforts in curbing corruption