Presentation on the Tanzanian Efforts in curbing Corruption

Presentation on the Tanzanian Efforts in curbing Corruption Progress made as of November 2009 General Budget Support Review By Dr. Edward Hoseah Director General of PCCB Date: 23 Nov 2009

Presentation on the Tanzanian Efforts in curbing Corruption 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 adopts the three-prong approach, namely by prevention, public awareness, investigation and prosecution of offenders.

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. • 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 allegations were related to corruption) • A total of 720 cases investigated as compared to 928 cases in 2008 and 1, 266 cases in 2007 • A total of 1, 003 were completed 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 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 are in 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)

…General achievements • 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) • PCCB had 53 cases acquitted (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 TSS 86, 951 million (US$ 67 million) through seizures of property and other means

…General achievements • 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 in 2008 and only 1 in 2007. • 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). • Decline or increase in specific figures would mean: • Positive effects of efforts (i. e. less cases acquitted) • Cooperation from the judiciary • Other factors will be shown in Perception Survey slide. • What follows is a summary table on status of all cases since 1995.

…General achievements 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 (Oct) TOTAL 261 513 510 545 1, 116 1, 244 1, 354 1, 383 2, 285 2, 223 3, 121 6, 320 8, 235 6, 137 4, 936 40, 183 261 513 510 545 1, 116 1, 244 1, 354 1, 383 1, 796 1, 149 677 1, 528 1, 266 928 720 14, 990 145 289 200 304 276 285 732 540 458 540 1, 688 2, 015 936 1, 003 9, 656 1 42 21 126 111 209 280 74 29 893 95 209 234 154 222 36 25 2 496 460 184 135 2, 252 8 21 9 15 62 49 57 52 51 60 50 71 196 147 169 1, 017 16 34 18 31 47 42 53 191 178 202 218 251 352 416 437 - 1 2 9 6 12 9 6 6 18 35 37 40 184 7 9 4 6 25 3 12 28 8 10 28 45 71 53 309 Saved Money/ Asset recovered Acquittal cases Conviction cases Total cases Prosecuted New cases into courts Files transferred to other agencies Administrative actions taken Cases Investigated Allegations received YEARS Completed Investigation files Summary Table: 2, 706, 800, 000/= 1, 900, 651, 000/= 6, 932, 950, 000/= 9, 300, 478, 000/= 14, 795, 169, 650/= 11, 100, 000/= 2, 500, 000/= 2, 714, 199, 000/= 3, 800, 266, 000/= 4, 000, 216, 000/= 2, 500, 600, 000/= 1, 301, 492, 528/= 1, 580, 099, 081/= 13, 203, 459, 357/= 420, 3444, 540/= 86, 951, 894, 206/= 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 20 th November, 2009.

PCCB: Regional perspective • The Transparency International (TI) report released on 2 nd 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 3. 5 3 Score out of 10 2. 5 2 Tanzania Kenya 1. 5 Uganda 1 0. 5 0 1998 1999 2000 2001 2002 2003 2004 Years 2005 2006 2007 2008 2009

…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 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. 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. 4. Mistrust between and among other stakeholders which needs to be reversed by working together and open up communications and consultations.

2009 Mo Ibrahim Foundation Index of East African Countries’ Governance No. East Africa Rank Overall Score Overall Rank in Africa 1 Seychelles 77. 1 3 2 Tanzania 59. 2 12 3 Kenya 53. 7 22 4 Uganda 53. 6 24 5 Comoros 48. 6 31 6 Rwanda 48. 5 32 7 Djibouti 46. 0 36 8 Ethiopia 45. 6 37 9 Burundi 45. 3 38 10 Eritrea 37. 0 46 11 Sudan 33. 4 49 12 Somalia 15. 2 53

Regional perspective Index This can be attributed to: • Significant internal efforts to reduce corruption • Existence of mechanism to report corruption; • Political will on the fight against corruption; • Behavioral change of citizens due to awareness campaigns; • Participation of more stakeholders in NACSAP II. • Enabling laws against corruption.

Progress of NACSAP II Implementation • The National Anti-Corruption Strategy and Action Plan II(NACSAP II) was launched on Dec 10, 2006 • NACSAP II (2008 -2011) aims to 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 Go. T (financially and in kind respectively)

NACSAP II Implementation • The key executing agencies of NACSAP II are: • PCCB (day to day management and implementation of NACSAP II) • GGCU (Monitoring and Evaluations); • DPP; • 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 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. • Goal 8: Enhance the capacity of PCCB, GGCU and DDP to deal with corruption, manage and implement NACSAP II

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 were 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. • 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.

NACSAP II Achievements – Goal 2: MDAs Progress under Goal 2: • Development of M&E framework to ensure regular integrity monitoring meetings is currently under progress with assistance of the M&E consultant. • PPRA is to hire consultant to train MDAs on PPA Challenges and way forward: • Ensure that the MDAs are producing regular reports with the establishment of M&E System; • Speed up implementation with delayed funding from UNDP

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. • 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).

…NACSAP II Achievements – Goal 3: LGAs • 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 anticorruption action plans for use in their fight against corruption. • 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.

…NACSAP II Achievements- Goal 3: LGAs • 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. 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. Achievements: • 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 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) • 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)

…NACSAP II Achievements Goal 4: Challenges and the 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 final quarters of the year (July to Dec 2009). • 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. • Start preparation for the establishment of the Integrity Pact for businesses and corporate associations.

NACSAP II Achievements Goal 5: Mainstream and empower CSOs and Non State Actors into anti corruption processes. Achievements so far: • 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 had formed Civil Society Coalition on Anti-corruption held at VETA-MOROGORO ON 02 ND TO 03 RD NOVEMBER 2009, • 30 CSOs participated.

…NACSAP II Achievements Goal 5: Mainstream and empower CSOs Challenges: • Need to organize the NGOs into a unique anticorruption network; • Need to link CSOs with the LGAs • Need to develop a reporting systems and commitment since CSOs have own reporting obligations

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

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

NACSAP II Achievements Goal 8: Enhance the capacity of PCCB, GGCU and Director of Public Prosecution to deal with corruption, manage and implement NACSAP. Activities accomplished: • 11 members of the NSC trained 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).

Progress of NACSAP II Implementation Major General/overall key challenges and the 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 NASCSAP implementation spectrum;

NATIONAL GOVERNANCE AND CORRUPTION SURVEY • The survey was done by FACEIT • Financial 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). • 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

. . . Key findings • 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% even if reported, the case cannot be proved while 50% think that they do not want to betray anyone. • Circumstances: 39% encountered a situation where they were supposed to give something in which – 86% were asked to give money – 7% property – 6% sexual favours • 50. 3% of private sector bosses were found in situation of corrupting, while 49. 7 % said no.

. . . Key findings • Extent of corruption (worst institutions) 1. Most corrupt is Traffic police (66. 4%) 2. Then Police Force (64. 7) 3. Then Judiciary (59%) 4. Health institutions (39. 5)% 5. Local Land Tribunal (26. 7%) 6. TRA (25%)2

. . . Key findings • Effective (very) Institutions to fight corruption; 1. 2. 3. 4. • FBOs (50. 1%) PCCB (46. 6%) Media/Press (44. 1%) Police Force (29. 4%) Ineffective Institutions to fight corruption 1. 2. 3. 4. Traffic Police (59. 3%) Opposition Parties (22. 8%) Members of Parliament (21. 2%) Academics and teachers (12. 9%)

Procurement Process • Views of enterprises if Procurement tenders are awarded in a clear and efficient manner: – 50. 2% say it is rarely done; – 18. 2% is never done; – 22. 6% sometimes and – 9% is always done

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: • Tracking and recording the on-going implementation of national anticorruption efforts to continuously assess progress; • 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; • 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 anticorruption 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 • The National Steering : Review and approve annual work-plans and budgets; • NACSAP Secretariat: Develop plans and produce progress reports; • GGCU: relate to MDAs and consolidate quarterly reports; • National Anti-corruption forum: Annual discussion of anticorruption issues by all integrity organizations and stakeholders; • NACSAP Implementing partners: Not yet producing consistent reports to NACSAP. • NACSAP Coordinators: Coordinating activities at regional levels focusing on LGAs • The reports that reach the NACSAP Secretariat are not received directly from the originating offices.

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

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

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

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) • Existence and functionality of the Council Integrity Committees; Client Service Charter; complaints handling and hotline systems; and Code of conduct/ethics; • 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); • Performance and activeness of CSOs in conducting PETS; and • General reduction in corruption by districts (refer to the recent outcomes of the corruption survey).

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. • No Single entity/sector can claim to have overcome corruption without the cooperation from other entities/sectors. • The culture of impunity must be fought and be replaced by the culture of integrity.

…General Conclusion • Change of the mind-set is key to inculcate the new culture of integrity. • Corruption is everywhere and no single country is spared by the scourge. • MLA and International cooperation remains one of the biggest challenges in finalizing grand corruption cases.

Thank you for your attention!