KAZAKHSTAN: INTERNATIONAL SEMINAR ON ANTICORRUPTION

UNCLAS SECTION 01 OF 03 ASTANA 001148

SIPDIS

DEPT FOR SCA/CEN (OMARA),INL/AAE (ALTON)

SIPDIS

E.O. 12958: N/A
TAGS: SNAR ASEC KCOR KCRM PREL KZ
SUBJECT: KAZAKHSTAN: INTERNATIONAL SEMINAR ON ANTICORRUPTION
STRATEGY



1. Summary: On April 24, the Academy of Public Administration
hosted an International Seminar on "Anti-Corruption Strategy: Theory
and Applications.". The one-day seminar generated 16
recommendations for Kazakhstan which if implemented would
significantly combat corruption. Most significantly, the experts
recognized that punitive measures alone will not reduce corruption;
socially stigmatizing corruption is necessary. End summary.

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BACKGROUND
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2. Addressing the Security Council in February, President
Nazarbayev stated that in the light of the goal of Kazakhstan to
rank among the world's 50 most competitive countries, combating
corruption must be one of the priorities of state policy and was the
responsibility of all state agencies. In order to begin fulfilling
the task set forth by the President, on April 24 the Academy of
Public Administration conducted a seminar to discuss the integration
of progressive anti-corruption forces of Kazakhstan and
collaboration with other countries.


3. Among the participants were representatives of international
organizations, diplomatic missions, social scientists and
academicians, Kazakhstani officials from the Presidential
Administration, Security Council, Parliament, Constitutional
Council, Supreme Court, KNB, other law enforcement and security
agencies, representatives of banking sector, national companies, and
educational institutions.


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CORRUPTION, CORRUPTION EVERWHERE
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4. The participants of the seminar discussed the role of
educational institutions in combating corruption, national security
and state anticorruption policy, how to fight corruption in land
management, and corruption prevention in tax administration. During
the session on international anticorruption practices, the
participants discussed challenges and prospects of anti-corruption
efforts, international legal cooperation in fighting corruption, and
corruption as a threat to national security. They also talked about
how to intensify anti-corruption practices in Kazakhstan, considered
the origins of corruption, pondered whether lobbying was a type of
corruption, and compared practices in light of anti-corruption
strictures of Kazakhstani legislation. The participants touched
upon corruption and anti-corruption practices in law enforcement
agencies, legal and organizational challenges in MVD anticorruption
strategy, corruption prevention in the armed forces. They also
discussed Kazakhstan's ranking in the Transparency International
corruption index (para six) and learned about the statistical basis
on which the rankings are calculated.

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LET'S BORROW BEST PRACTICES FROM ABROAD
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5. At the Plenary session, the Chairman of Anticorruption Committee
underscored the necessity and importance of studying best
international practices to develop Kazakhstani anti-corruption
policy. In particular, he pointed out that corruption in GOK
procurement need to be resolved on a legislative level.


6. The Ambassador of the Slovak Republic, Dushan Podgorski pointed
out that government procurement is highly corrupted not only in
Kazakhstan but in many other countries and quoted a survey where 60%
of respondents in Slovakia believe that state procurement is an area
that is often corrupted. The Ambassador also provided statistics on
Kazakhstan's overall rank in the Transparency International 2006
Corruption Perceptions Index (113/163) with a score of 2.6 on five
point scale. This put Kazakhstan ahead of neighboring Russia at
127, Kyrgyzstan at 142, Turkmenistan at 149, Tajikistan at 150, and
Uzbekistan at 155.


7. EU expert Michelle Sigo shared the experience of European
countries in combating money laundering, pointing out that this evil
creates favorable conditions for corruption. Speakers repeatedly
underscored that the implementation of electronic government would
help fight corruption.


8. INL Officer spoke at the plenary session explaining U.S.
interest in combating money laundering as a pathway to preventing
terrorism, creating a financial sector compliant with international
standards, and preventing corruption. He reiterated U.S. readiness
to assist Kazakhstan to establish and train a Financial Intelligence
Unit when Kazakhstan enacts the necessary enabling legislation. He
noted e-government was an opportunity to de-layer the bureaucracy

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and eliminate possibilities for corrupt individuals to demand bribes
when official documents are transmitted.


9. International practice of combating corruption in the
Asian-Pacific Region was shared by Zautbek Turisbekov, Chairman of
the Pubic Administration Agency (and former Minister of Internal
Affairs) who visited Malaysia, Singapore, Australia and New Zealand
last year to study their experience. He stressed that in these
countries anticorruption policy is not based on deterrence but is
focused on development of a professional public service with a high
ethical standard. Using social science research and public
involvement in combating anti-corruption, officials in these
countries created ethical codes of conduct rooted in the fact that
professionals do not accept bribes. According to Turisbekov, this
has become a motto for many civil servants.


10. He also noted that in Malaysia, for example, they consider both
factors, "the need" and "the greed", when sentencing a person for
accepting a bribe. If it is determined that need drove the bribe
taker to accept the bribe he will be fired and banned for life from
work in civil service. If it was greed, the bribe taker may also
receive a lengthy prison sentence.

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PARTICIPANTS' RECOMMENDATIONS
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11. As a result of the Seminar, the participants developed the
following 16 recommendations which they believe will significantly
improve Kazakhstan's anti-corruption efforts:

a. Adopt a compressive approach to implement the anti-corruption
policy of the Anti-Corruption State Program for 2006-2010;

b. Study the most successful and internationally-accepted
anticorruption strategies and adapt them to Kazakhstani society and
culture;

c. Bring Kazakhstani legislation into accordance with international
standards including through ratification of international
conventions. The first that should be ratified is the UN
Anti-Corruption Convention, then the EC Convention on criminal
activity for corruption. International corruption standards should
be incorporated into national legislation;

d. Continue supporting the establishment of a single government
agency responsible developing anti-corruption strategies and which
would consolidate all state and public structures responsible for
combating, preventing, and monitoring corruption;

e. Implement accountability, transparency, and public oversight of
and access to state agencies;

f. Implement an evaluation system to assess financial activity of
government agencies in order to detect corruption;

g. Improve the current procedure for selecting judges and increase
the anti-corruption responsibility of the chairmen of the courts of
law;

h. Promote development of socially responsible businesses and
decide whether to adopt a law regulating lobbying;

i. Develop a management culture that will inculcate
internationally accepted values into Kazakhstani culture;

j. Based on the Code of Honor of state employees approved in May
2005, develop and improve codes of professional ethics in law
enforcement and public administration agencies that will promote
moral improvement and increase the responsibility of state
officials;

k. Advocate for anti-corruption legislation through the use of mass
media and public outreach, create a training center for legal
studies for all state officials and other citizens to demonstrate
the preference for preventive, not punitive measures;

l. Increase the role of mass media in exposing corruption cases and
require government officials to make public information about each
corruption case covered by the press;

m. Improve the personnel policy by improving transparency and
objectiveness in the hiring policy. Recruit capable, honest, and
well recommended employees for state service;

n. Regularly monitor professional ethics and efforts to combating
corruption;


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o. Actively include anti-corruption training into official
curricula covering professional, legal, and humanitarian courses, to
successfully implement the state anti-corruption policy of the; and

p. Require state agencies to consider all analytical and practical
recommendations developed during conferences and seminars on
anti-corruption; create a special unit to study, summarize and
advocate for implementation of the most valuable recommendations and
proposals developed during conferences and seminars.

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COMMENT
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12. Conference participants seemed to agree that corruption is a
social problem which can be conquered only through joint efforts of
government, business, and society. The speakers advocated for
combining preventive and punitive measures, as well as law
enforcement efforts to combat corruption. However, they claimed
that the most important factor in combating corruption is public
intolerance. In short, they believe that corruption must become a
shameful and disgraceful act unacceptable to society at large.


13. To change the public perception of the acceptability of
corruption, participants proposed that the state should become more
efficient, in part by creating professional standards and ethical
codes, opening government to public scrutiny, and streamlining the
process through which citizens interact with the government. Post
welcomes these initiatives and will monitor progress, but must point
out that this is likely to occur in fits and starts. No particular
individual or group took ownership of securing implementation of the
recommendations, a situation that often makes initiatives such as
this "bureaucratic orphans."


ORDWAY