Set up Five (05) Municipal Committees to Fight Against Racketeering (CI0013)

Current Situation or problem/question to be addressed/having to be resolved: Practices of racketeering in public and private services in the territorial authorities; Main purpose: -Fight against racketeering; -Explore a local ownership of the fight against racketeering in the administration; Brief description of the commitment: This activity consists in a local ownership of the fight against racketeering in all of its aspects through establishing local Monitoring and control mechanisms which are local anti-racketeering committees; These local committees emanate from civil society organizations and local public administrations, chaired by the local elected representative or his or her representative and established by municipal decree of the local elected representative. They meet periodically to analyze the situation about racketeering in the light of missions they carry out in the administrations or of the populations complaints in order to make proposals to local authorities. Their role is to sensitize, denounce and monitor: The service bulletin, an official document which deploys policemen will be popularized, in their specific case. A sensitization campaign will be carried out with the heads of the other local public administrations so that the payable costs of actions can be posted and their issuance time limit known. OGP challenges addressed by the commitment: Increase in public integrity; Relevance: -Fight against corruption -Fight against high living costs -access to information -Citizens involvement in the fight against racketeering. Ambition: -The local elected representatives take ownership of racketeering-fighting strategy -Five (05) Municipal Committees to fight against racketeering are established and their operational capacities are built; -The Civil society is involved and actually participates in decision-making processes in line with struggle against racketeering; -The civil society organizations make sure, check and blow whistle on detected racketeering cases in all public services; -Sensitization messages on misdeeds of racketeering and the potential penalties in case of racketeering practices are posted in public places -Periodic meetings with all public actors (public, private, local elected representatives, civil society organizations) are held; -A fraud tactic record is created -A local integrity improvement policy is drafted; -Policemen on mission have their mission order: the service bulletin -Public servants and their families are sensitized on dangers associated with corruption and potential penalties;

13. Fight against racketeering

Commitment Text:

Set up five (05) municipal committees to fight against racketeering

Brief description of the commitment:

This activity consists in a local ownership of the fight against racketeering in all of its aspects through the establishing local Monitoring and control mechanisms which are local anti-racketeering committees;

The local committees emanate from civil society organizations and local public administrations, chaired by the local elected representative or his or her representative and established by municipal decree of the local elected representative

They meet periodically to analyze the situation about racketeering in the light of missions they carry out in the administrations or of the populations complaints in order to make proposals to local authorities

Their role is to sensitize, denounce and monitor:

The service bulleting, an official document which deploys policemen will be popularized, in their specific case

A sensitization campaign will be carried out with the heads of the other local public administrations so that the payable costs of actions can be posted and their time limit known.

Verifiable and quantifiable stages for implementing this commitment:

13.1 The local elected representatives take ownership of racketeering-fighting strategy

13.2 Five (5) Municipal anti-racketeering committees are set up and their operational capacities are built

13.3 The Civil society is involved and actually participates in decision-making processes in line with fight against racketeering

13.4 A local integrity improvement policy is drafted

13.5 Public servants and private sector workers are sensitized on dangers associated with corruption on potential penalties.

13.6 Policemen on mission have their mission order: the service bulletin

Editorial Note: In addition to the six milestones listed above, four more were added by the IRM researcher to reflect the brief description and the goals of this commitment, as indicated in the national action plan. Two of the new milestones cover displaying posters in public places to make people aware of racketeering and its penalties (13.7) and the organization of regular meetings with all those concerned (the public and private sectors, locally elected representatives, civil society organizations) (13.8). The other two cover the creation of a listing of local fraud techniques (13.9) and making public service officials and their families aware of the dangers and penalties of corruption (13.10).

Responsible institution: Ministry of State, Ministry of the Interior and Security.

Supporting institutions: Cabinet of the Ministry of State, Ministry of the Interior and Security, General Directorate for Decentralization and Local development.

Start date: April 2016

End date: May 2018

Context and Objectives

This commitment seeks to fight against racketeering and to experiment with local appropriation of the fight against racketeering in public administration. According to the representative from the General Directorate of Decentralization and Local Development at the Ministry of the Interior and Security, this commitment is connected to Côte d’Ivoire’s application for the Millennium Challenge Corporation, a program for which the section on the fight against racketeering is eliminatory.1 Also according to the representative, there had been much waste at the state level. The representative noted that the government must rectify this but that corrective action will work only if the population understands the importance of good management of public funds.2 The government originally intended to eradicate racketeering in town halls through administrative acts. But the population complained about the uniformed services and the armed services, hence the reason for this commitment.3

Under this commitment, communal committees make the public aware of how to report abuse. A locally-elected representative will head these committees. According to the representative from the Ministry of the Interior and Security, it was acknowledged that Côte d’Ivoire was a relatively corrupt country. A 2008 World Bank study indicated that corruption had reached a level of 100 billion CFA francs per year, the equivalent of about 178 million American dollars—0.5 percent of gross domestic product.4 According to the ministry, this figure reaches 400 billion CFA francs in the transport sector in West Africa because of highway racketeering.5 This commitment engages civil society, as it is already involved in the fight against racketeering. As the civil society specialist in corruption stated,6 this commitment assumes that wrongdoers’ acts have an implication at the state level. Thus, it is necessary to punish those who use the image of the state to carry out acts of corruption.

This commitment adheres to OGP values concerning civic engagement based on the involvement of the municipal committees and the responsibility of the public concerning the rendering of public accounts (with emphasis on the sanctions imposed on public servants who perpetrate acts of corruption). It also concerns access to information, as it involves communication to the public about the risks of corruption.

As it stands, the commitment is moderately specific. Certain milestones—such as 13.2, concerning the establishment of five committees—are clear and quantifiable. Others, such as 13.1, do not elaborate on the means to enable 'the local elected representatives to appropriate' the fight against racketeering and are therefore difficult to measure.

If implemented as stated, this commitment would have a moderate impact. On one hand, the activities anticipated in it have the potential to reduce racketeering by giving people the means to report racketeering. On the other hand, it is limited at the moment, due to the fact that its implementation is restricted to a local level. However, it is uncertain whether people will report offenses if they do not feel safe from reprisals. This is the commitment’s major limitation.

Completion

13.1. Local elected representatives take on the strategy for the fight against racketeering: This milestone has achieved limited completion. According to a government representative, 'taking on' the strategy happens via a municipal decree.7 The government transmitted examples of decrees to the researcher. Nevertheless, the majority of those decrees were issued during the second year of implementation (after 30 June 2017). Implementation will be updated in the end-of- term report.

13.2. Five communal committees are established and their operational capacity is strengthened: This milestone has largely been completed. According to the report on the establishment of the communal committees against racketeering, supplied by the representative from the Ministry of the Interior and Security, 13 committees had been set up to date.8 Three had already been set up before the development of the action plan, and five were set up during the period covered by the present assessment (between 1 July 2016 and 30 June 2017). The Grand-Lahou committee was set up in April 2017. The Gagnoa committee was established in May 2017. The Yamoussoukro and Bouaké committees were set up in June 2017. Each committee has between 30 and 40 members. A local official or their representative presides over the committee. The committees are tasked with two principal activities: to meet all the parties concerned to raise awareness on racketeering on a local and economic level and to establish the committee officially by decree. Decrees are not available online, but the government supplied the IRM researcher with copies of the eight decrees for the establishment of the committees. During the meeting with the IRM researcher, the government representative provided no proof concerning the strengthening of the operational capacity of the committees. The IRM researcher requested such information again by email on 19 and 22 February 2018.

13.3. Civil society is involved and participates in decisions concerning the fight against racketeering: This milestone is completed. According to the Ministry of the Interior and Security representative, civil society is involved and participates actively in decisions concerning the fight against racketeering. Civil society is represented on the communal committees, alongside local public administration. The representative also mentioned that a minimum of a third, and a maximum of two- thirds, of the seats on the committee are allocated to civil society.9 He also stated that civil society representatives attended the awareness program. Civil society representation at that event included local business associations, transport unions, women’s groups, and human rights associations, among others. The representative provided a list of the attendees to the IRM researcher, along with the decrees that listed the committee members and showed the inclusion of civil society.

13.4. A policy for the improvement of local integrity is drafted: This milestone has not started. As confirmed by the representative from the Ministry of the Interior and Security, the implementation of this milestone has been delayed due to lack of financing.10 As some committees are having trouble getting started, the government prefers to complete the OGP procedures scheduled for June 2018 before each committee drafts their own charters of integrity. Nevertheless, to get started on this milestone, the government stated it administered a questionnaire to target populations about the 'perception of corruption' in their municipality.11 An example of that questionnaire was provided to the IRM researcher. The government did not specify when it administered the questionnaire.12

13.5. Public service and private officials are made aware of the dangers of corruption and the sanctions risked: This milestone has been completed. According to the representative from the Ministry of the Interior and Security, officials from associations, opinion leaders, and local administration should in their turn, make the populations that they represent.13 Several lists of participants on the Millennium Challenge Corporation program—dated from April, May, and June 2017—were shown to the IRM researcher. These participants were elected representatives, civil society representatives, and officials of public and private administration. But since the subject of these workshops was not communicated, it is difficult to ascertain whether they were specifically about the

danger and risks of corruption. The ministry representative also gave the IRM researcher several audiotapes of local radio programs on awareness.

13.6. Police officers currently on mission are given their orders (service bulletin): This milestone saw limited completion. According to the representative from the Ministry of the Interior and Security, police officers on mission are supplied with their service bulletin, which is now popularized.14 The government provided the IRM researcher with an example of a bulletin. The bulletins were first put in service in 1991. The text of the milestone is vague (e.g., is it all officers across the country?), and the extent to which it was completed is difficult to assess. A government representative did mention that 'police officers are in possession of the service bulletin in the context of their mission. If not, notes are taken in police stations.'15

13.7. Posters about the offense of racketeering and the sanctions risked are displayed in public places: This milestone has been completed, but to a limited degree due to a lack of evidence. According to the representative from the Ministry of the Interior and Security, the milestone has been effective.16 The representative points out that flyers prepared by the Authority for Good Governance were distributed in places offering public services, notably in town halls. Flyers were shown to the IRM researcher, but it was difficult for the researcher to confirm whether the flyers had in fact been distributed to public services. The representative also added that it is intended that correspondence be sent to the minister of the interior and security to widen this distribution to other administrations.17

13.8. Regular meetings with all the parties concerned (public, private elected representatives, civil society organizations) are organized: This milestone has been completed. The government provided to the IRM researcher attendance lists of several workshops that had been organized between April and June 2017. It also provided press clippings and the minutes from a committee meeting.18

13.9. A record book of local fraud methods is created: This milestone has not been completed. The record book has not been created. The representative from the Ministry of the Interior and Security confirmed that the government intended to do this at the end of the OGP process—in other words, at the end of June 2018.19 Nevertheless, the government stated it administered to target populations a questionnaire regarding the 'perception of corruption' in their town to get work started on this milestone.20 The government provided the researcher with a blank copy of the questionnaire.21 It did not specify when the questionnaires were administered.

13.10. Public service officials and their families are made aware of the dangers of corruption and the sanctions risked: This milestone is considered incomplete due to lack of proof. The representative from the Ministry of the Interior and Security said that leaders are made aware of the dangers via the awareness program so that they in turn can inform their communities.22 The government submitted no evidence of this program to the IRM researcher, despite a request made to the Ministry of the Interior and Security during the meeting and by email on 19 and 22 February 2018.

Early Results (if any)

According to the representative from the Ministry of the Interior and Security, resultant changes cannot be quantified because no study has been conducted within public services to determine any impact on the level of racketeering.23

He also stated that financing represented a challenge for the implementation of this commitment. Some committees members, despite being willing to work, did not always meet expectations due to their volunteer status.24 He added that the diversity of members on the committees meant that their capabilities, notably in the field of reporting offenses, needed to be consolidated. There is, nevertheless,

a keen interest by local elected officials in setting up these committees in their areas. The ministry representative noted that the government’s expectations had doubled because of elected representatives’ requests to establish committees. He also stated that the government recognized that giving local populations the opportunity to voice their feelings and make suggestions concerning corruption in general and racketeering in particular constituted a positive step toward improving governance in the country.

Next Steps

Because of the potential impact of this commitment, if thoroughly implemented, the IRM researcher recommends its continuation in the next action plan, on condition that the proposed milestones are specific, verifiable, and quantifiable. The IRM researcher also strongly recommends the effective involvement of civil society in the implementation and assessment of this commitment. The researcher recommends an expansion of the commitment’s implementation (wider than the local level) and specific budget allocation. The government should strive for more transparency toward its citizens concerning documents for this commitment. Adding measures to protect those who alert authorities to corruption would reinforce and complete this commitment.

According to the civil society platform assessment report during the OGP process, the government should take three actions: (i) publish the municipal decrees concerning the creation of the communal committees to fight racketeering on the General Directorate of Decentralization and Local Development website; (ii) make available documents relating to the activities of the committees, their management, and the method for distributing service bulletins, and create a strategy for making the committees aware; and (iii) in each commune, prepare and publish a directory of members of the committee for fighting racketeering.

1 Jean Jacques Yapo, Deputy Director of the Partnership for Decentralization and Assistant to the Director General at the Partnership for Decentralization and Local Development, Ministry of the Interior and Security, interview by the IRM researcher, 16 February 2018.

2 Ibid.

3 Ibid.

4 Ibid.

5 Ibid.

6 Civil society representative specializing in corruption and participatory budgeting, phone conversation with IRM researcher, 23 April 2018.

7 Chantal Angoua, Technical Advisor, Ministry of Industry and Mines, point of contact for the OGP process, comments on the progress report received by the IRM researcher 18 June 2018.

8 Jean Jacques Yapo, Deputy Director of the Partnership for Decentralization and Assistant to the Director General at the Partnership for Decentralization and Local Development, Ministry of the Interior and Security, interview by the IRM researcher, 16 February 2018.

9 Ibid.

10 Ibid.

11 'Conditions d’Accès,' Fonds de Soutien et de Développement de la Presse, http://www.fsdp.ci/in/con_ac.php#ent_presse

12 Please see https://bit.ly/2HmhXGG for a copy of these documents.

13 Jean Jacques Yapo, Deputy Director of the Partnership for Decentralization and Assistant to the Director General at the Partnership for Decentralization and Local Development, Ministry of the Interior and Security, interview by the IRM researcher, 16 February 2018.

14 Ibid.

15 Chantal Angoua, Technical Advisor, Ministry of Industry and Mines, point of contact for the OGP process, comments on the progress report received by the IRM researcher 18 June 2018.

16 Jean Jacques Yapo, Deputy Director of the Partnership for Decentralization and Assistant to the Director General at the Partnership for Decentralization and Local Development, Ministry of the Interior and Security, interview by the IRM researcher, 16 February 2018.

17 Ibid.

18 Please see https://bit.ly/2HmhXGG for a copy of these documents.

19 Jean Jacques Yapo, Deputy Director of the Partnership for Decentralization and Assistant to the Director General at the Partnership for Decentralization and Local Development, Ministry of the Interior and Security, interview by the IRM researcher, 16 February 2018.

20 Chantal Angoua, Technical Advisor, Ministry of Industry and Mines, point of contact for the OGP process, comments on the progress report received by the IRM researcher 18 June 2018.

21 Please see https://bit.ly/2HmhXGG for a copy of these documents.

22 Jean Jacques Yapo, Deputy Director of the Partnership for Decentralization and Assistant to the Director General at the Partnership for Decentralization and Local Development, Ministry of the Interior and Security, interview by the IRM researcher, 16 February 2018.

23 Ibid.

24 Ibid.

Commitment 13: Set up five municipal committee to fight against racketeering

Brief Description of the commitment:

This activity consists in a local ownership of the fight against racketeering in all of its aspects through establishing local Monitoring and control mechanisms which are local anti-racketeering committees;

These local committees emanate from civil society organizations and local public administrations, chaired by the local elected representative or his or her representative and established by municipal decree of the local elected representative.

They meet periodically to analyze the situation about racketeering in the light of missions they carry out in the administrations or of the populations complaints in order to make proposals to local authorities.

Their role is to sensitize, denounce and monitor: The service bulletin, an official document which deploys policemen will be popularized, in their specific case.

A sensitization campaign will be carried out with the heads of the other local public administrations so that the payable costs of actions can be posted and their issuance time limit known.

Measurable and verifiable steps to achieve the commitment:

13.1. The local elected representatives take ownership of racketeering-fighting strategy

13.2. Five (5) Municipal anti-racketeering committees are set up and their operational capacities are built

13.3. The Civil society is involved and actually participates in decision-making processes in line with fight against racketeering

13.4. A local integrity improvement policy is drafted

13.5. Public servants and private sector workers are sensitized on dangers associated with corruption and potential penalties

13.6. Policemen on mission have their mission order: the service bulletin

Editorial Note: In addition to the six milestones indicated, the IRM researcher added four additional milestones to reflect the brief description and ambition of the commitment as indicated by the National Action Plan. These included:

• posting sensitization messages in public places to raise awareness on the drawbacks of racketeering and the applicable sanctions (13.7);
• organizing timely meetings with all the relevant protagonists (public, private, local elected representatives, CSOs) (13.8);
• creating a local fraud technique directory (13.9); and
• educating public servants and their families on the dangers of corruption and the penalties they face (13.10).

Responsible Institution(s): Ministry of State, Ministry of Interior and Security

Supporting Institution(s): Ministry of State, Ministry of Interior and Security’s Office

Start Date: April 2016 End Date: May 2018

Action Plan is available here:

Commitment Aim:

The aim of this commitment is to fight racketeering in the public administration. To this end, community committees, led by elected local or regional representatives, are in charge of educating and denouncing corruption. Their mission mainly consists of raising awareness about racketeering and officially establishing the committees.

Status

Midterm: Substantial

The government substantially implemented this commitment by midterm. While Milestones 13.4, 13.9, and 13.10 were not started, 13.1, 13.6, and 13.7 were implemented to a limited degree, 13.2 was substantially implemented, and 13.3, 13.5, and 13.8 were completed.

Civil society was involved in the fight against racketeering through their representation in local public administration committees (13.3). The government conducted awareness activities regarding the drawbacks of corruption and the sanctions applicable and held various periodic meetings (13.8) with stakeholders (public, private, community leaders and civil society). Five Anti-Racketeering Community Committees (CCLR) were created during the investigation period (13.2), though the researcher received no evidence on capacity-building activities of these committees.

However, verification and assessment remain difficult to achieve. The government has to draft a local integrity improvement policy (13.4), create a technical fraud directory (13.9), and sensitize public service agents and their families on the dangers of corruption and the applicable sanctions (13.10). For more information please see the 2016-2018 IRM midterm report. ^[71]

End of term: Substantial

According to the government, local elected officials appropriated the strategy to fight racketeering by adopting municipal bylaws. ^[72] The government has provided the IRM researcher with several municipal bylaws establishing committees against racketing in different localities, during the second year of implementation (13.1). Apart from this milestone, the government did not provide the IRM researcher any additional evidence of implementation of the remaining incomplete milestones. ^[73]

Did It Open Government?

Civic Participation: Did not change

The effective creation of the anti-racketeering committees promotes civic participation. Indeed, as a result of this commitment, local populations have the opportunity to give their perceptions about corruption in general and racketeering, and to make proposals to the government. This is positive for improving governance and citizen participation in the country. However, in practice, as confirmed by a civil society representative, ^[74] the fight against racketeering is currently being conducted by the anti-racket unit. He also confirmed that racketeering continues, and the feeling of impunity grows daily. There is a lack of communication about committee activities, which is contrary to what the commitment initially planned, and activities of the anti-racketeering committees and their activity reports are not sufficiently popularized. ^[75] Therefore, the government's practice with respect to civic participation did not change.

Additionally, according to a journalist ^[76] who investigated this issue, the effectiveness of the CCLR is limited as racketeering occurs in all sectors, not just public administration.

Carried Forward?

The commitment was carried into the new national action plan for 2018−2020. Commitment 7 focuses on fighting corruption and racketeering in local communities. Following a recommendation in the midterm report, ^[77] the government specified the budget allocated to this commitment and mentioned civil society involvement. However, the government did not expand the scope beyond the local level nor did it clarify the level of public transparency regarding documents created for the commitment. The government adopted another IRM recommendation, creating additional protection for whistleblowers, in a separate commitment (Commitment 3).