Dear WG-CC colleagues,
Here is the justification and positioning in relation to the principles of
the Coalition and the positions in the Steering Committee suggested in the
draft named "UNCAC Coalition Const Doc Full Doc 5 10 10":
I can see an extraordinary energy coming from various parts of the planet,
to converge in this synergistic union we call the International Coalition of
Civil Society Organisations for promoting UNCAC, offering us a wonderful
opportunity to initiate a global action plan and instrumented to inhibit the
practice of corruption and deconstruct the culture of its permissiveness
wherever it is located.
It is the dominant doctrine in the legal means that is not the severity of
the punishment that inhibits crime, but rather the certainty of criminality
to practice it and that is why I believe there is already a consensus around
the idea that the Coalition action should have its main focus on training
and qualifications of social control mechanisms, free and able to follow the
development and seriousness of efforts to combat corruption, made by the
countries signatory to the UNCAC.
But the action of the Coalition should go further and be directed also to
encourage the participation of citizens in the on-going monitoring of
institutional activities undertaken by the Executive, the Legislature and
the Judiciary for their respective countries, aimed at increasing the
transparency of the procedures official agencies and increase the
supervisory powers of society on them, generating thereby an increasing
inhibition to corrupt practices.
Alongside this work front, the Coalition must promote pedagogical actions
aimed at stimulating the production of educational projects, advertising
campaigns and other social actions directed to the formation of an
anti-corruption culture.
That is the sole reason why Article 13 of UNCAC stipulates the obligation
for Member States to increase transparency and promote public participation
in decision-making (Article 13 1 A) fostering democratic practice, which
should be encouraged to use constitutional mechanisms able to gauge the will
of the majority in decision-making, which is usually done through
plebiscites and referenda.
There are, however, a few democracies in the world today which have
efficient systems and / or operations for regular benchmarking of the will
of the majority applied to decision-making processes for preparation and
formulation of public policies, whether in fighting corruption, or in any
other area.
Thus, in order to encourage the institution of social control mechanisms and
considering that these arrangements will be the more efficient the greater
their popular support, the Coalition will have to be prepared to confront
relative ideological concerns about the power of decision attached to most
citizens in a democracy - that is if the democratic basis of popular
sovereignty can be somewhat graduated.
I notice, therefore, that the responsibility of the Coalition in the process
of monitoring the work undertaken by member countries of UNCAC, transcends
the role of simple social agency inspection and certification.
Ratifying what I said before; the Working Group believes that the Coalition
should promote communication amongst its member organizations and citizens
of their countries, offering easy to understand material in their reporting,
producing and helping to produce videos, articles and graphic material in
order to "ensure that the public has effective access to information" (UNCAC
Article 13 1, B).
And the Coalition must always be prepared to actively interact and
demonstrate the strength of international mobilization whenever events or
obstacles hinder the work of its member organizations and their
representatives while they are acting in the implementation of UNCAC
programs.
So I would anticipate that the Coalition will need much strength and many
leaders in the world, willing to face this challenge of enormous
responsibility that fate has in store. I think this is the right time for
those who are not sincerely willing to face this long-term challenge, to say
goodbye and return to their former tasks.
For those who remain, we can ensure that the Coalition will support them in
every moment of their struggle to combat corruption in the institution of
social control mechanisms, in defending democracy and promoting the
establishment of mechanisms of direct democracy in their territories, ever
widening the scope for citizen participation in decision making, as the
governing UNCAC.
Based on these principles I believe that the electoral process and the
current design of the Coalition Steering Committee should be reviewed and
extended.
I assume that the existence of a greater number of representations of
national, regional, continental proportions, and the existence of directors
and ambassadors is a condition that will allow, and certainly facilitate the
global action of the Steering Committee to support promoting, strengthening
and qualify the participating organizations of the Coalition.
And the only way the Coalition can assist promptly and satisfactorily this
demand of almost 300 member organizations - a figure that should grow even
more as from the formal commencement of our activities - will establish at
least one local representation, comprising a native member of each signatory
country to the UNCAC represented in the Coalition.
At first these national representatives must be nominated by a
representative elected by the Coalition to coordinate activities in a
particular region or group of countries.
In addition to these Regional Delegates, we must also have Continental
Delegates in the composition of the Committee, who, in my opinion, should be
integrated by a president and directors for the administrative, legal,
financial, communication, secretary general and other accountabilities. I
would like to make a side comment here to suggest the inclusion of
assignments to the Steering Committee which would enable the opportunity to
indicate renowned persons as ambassadors of the Coalition for specific
international missions.
And finally, considering that in a democratic process usually acting and
supporting members are elected together with the permanent ones, we have a
committee with 40 members, to a single number representing more than one
thousand accessions of organizations that, realistically, you can expect
from us next two years.
I have no doubt that the Coalition is to represent the strength of
international civil society to aggregate each of the partner organizations
in their country of origin and for this I think need to have more
representatives than the number proposed in the current draft of Committee
Coordination.
The existence of a representative of the Coalition's next partner
organization will serve as encouragement and guarantee the work of these
local organizations, and also allow continuous monitoring of the operating
results of these organizations, indispensable in the design of institutional
funding.
But surely the greatest benefit of this procedure is the effective
assurance, integration and technical support that can be provided to the
Coalition member organizations directly and rapidly in the coming months.
Second point: If we intend to defend democracy in Member States, they must
'do their homework' and allow the establishment of the Coordination
Committee of the Coalition as a factual result of the electoral process;
completely transparent and democratic, which will require some care.
Starting with the redefinition of positions early in the Steering Committee
will enable it to operate in a decentralized fashion and run in addition to
their administrative work, its mission of international pressure group. It
worries me, though; setting the rules for the election process, considering
that should be guaranteed democratic foundations of the above, offering
equal conditions to all members interested in participating in the electoral
process, which can only occur if there is proper disclosure of all rules of
the election in time for the registration of independent candidates.
Here I also think that there is no room for individual representatives of
the Coalition, because the integration of citizens is considered the
objective of the actions of the participating organizations of the
coalition, thus enabling the focus of the Coalition to remain solely on the
organizations involved in the difficult task of implementing the UNCAC.
Best
Fernando Di Lascio
De: Coalition WG on Coordination Committee
[mailto:[log in to unmask]] Em nome de Gillian Dell
Enviada em: quinta-feira, 7 de outubro de 2010 06:24
Para: [log in to unmask]
Assunto: Re: Coalition draft document -- next steps
Dear colleagues,
Here are some suggestions to address some of the issues raised:
(1) Regarding the vision -- agree with Toby and Ifthekar steering us back to
the "collective" and other wording that was originally in the text. I
slimmed it down because I received comments that it looked bulky and
complicated but this does not correspond to the feeling of the group.
(2) We could say this document js renewable after two years. This would
address the issue of the choice of secretariat as well as other
organisational issues that we may want to pilot. I feel its important to
have stability of secretariat and of constitutive document for at least two
years in the interests of the development of the Coalition. And we may find
that there are several issues that we may want to address at a later date.
(3) We could add some language clarifying the accountability of the
secretariat. On this issue Sion has raised concerns about possible unclarity
in the language calling for the secretariat to report to both the CC and the
Membership. Would anyone have a suggestion on that?
(4) On the question of 3 seats or 4 as an upper limit for an
organisation--one could argue there is no need for any such upper limit as
the membership should be allowed to decide who are the best candidates
during the elections. And since TI national chapters are devoted to
anti-corruption work in many countries they will potentially be the most
active in this area. As to the data-- the last time I checked the number of
TI national chapters was around 35 but I would have to check again. In any
event we should apply such rule to any organisation not just TI.
(5) Quorum and certain other issues are important but perhaps better
included in the Rules of Procedure otherwise this constitutive document
could perhaps become too cumbersome.
Best,
Gillian
_____
From: Coalition WG on Coordination Committee on behalf of Ifthekar Zaman
Sent: Thu 07/10/2010 03:49
To: [log in to unmask]
Subject: Re: Coalition draft document -- next steps
Dear colleagues,
I would prefer a shorter vision statement, something like (perhaps to
confuse more!!):
A world in which corruption is effectively controlled theough collective
initiatives of stronger national and international coalitions.
The idea is to remain focused on the primacy of the collective efforts and
coaltion building.
On the question of quota and quorum, I am wondering if we could cosnider
percetages in addition to number, e.g., 3 or no more than 20 percent; and
7 or no less than 60 percent. This may give us functional flexibility. I
am of course flexible about the ratio to agreed upon.
Best Iftekhar.
> A few comments:
>
> 1) The vision statement doesn't really make sense (legal frameworks
> are not participatory). I prefer something along the lines of the
> following:
>
> A world in which corruption is countered through effective,
> transparent and participatory anti-corruption programmes fostered by
> an agreed international legal framework and collective action.
>
>
> 2) Re. Tunde's query on 4(b)(2), about the Secretariat ascertaining
> that a member 'appears to' meet the conditions of membership, I agree
> this seems odd. The idea, however, was that the Secretariat would just
> do an initial screening, and the real decision, as long as there were
> no obvious flaws in the application, would be made by the Coordination
> Committee. Maybe we can find better language.
>
> 3) So far, I think the only people who have voiced any opinion on how
> may members of the Coordination Committee may be from one organisation
> are myself, supported by Tunde, calling for it to be set at three, and
> TI, suggesting four. It would be helpful if we could hear from others
> on this. I would also be interested to know what percentage of the
> current membership are TI-affiliated groups.
>
> 4) Jasper is right that we need to consider someone else than TI being
> the Secretariat. Even if this is unlikely, we should not
> constitutionally exclude it.
>
> 5) Jasper is also right that we should introduce quorum (I assume he
> means for the Coordination Committee). I would suggest 7.
>
> 6) I am not sure, however, that we need an amendment formula or
> transitional provisions (other than the one on an interim Coordination
> Committee, which we already have). Although the lawyer in me likes
> this idea, I think it is probably too formal. I suppose in practice
> amendment could be either on proposal of the Coordination Committee or
> at a Membership Meeting. I take it as understood that changes would
> need to be approved by the membership.
>
> Best, Toby
>
> On 6 Oct 2010, at 12:58, Jasper Cummeh wrote:
>
>> Dear all;
>>
>> Please see attached some comments in track changes that I have made
>> on the document.
>>
>>
>> G. Jasper Cummeh, III
>> Senior Policy Director
>> Actions for Genuine Democratic Alternatives
>> Top Floor West
>> 26 Benson Street
>> Monrovia, Liberia
>> (231)-6-542-933
>>
>> --- On Wed, 10/6/10, Gillian Dell <[log in to unmask]> wrote:
>>
>> From: Gillian Dell <[log in to unmask]>
>> Subject: Re: Coalition draft document -- next steps
>> To: [log in to unmask]
>> Date: Wednesday, October 6, 2010, 2:14 AM
>>
>> Hallo Slagjana! Hallo all!!
>>
>> It seems that a couple of you did not receive the attachment so I am
>> resending it attached here. I'll take this chance to write two
>> additional points about the document:
>>
>> (1) As Sion suggested I'd like to try to find a specialist
>> lawyer to have a look at the document. If you know of one please do
>> let me know.
>> (2) In the attached version I made a small change. The
>> individual members are now called "associate" members since they
>> don't have voting rights.
>>
>> A QUESTION: Which groups do we want to include in the term "civil
>> society organisation?". Already included are trade unions and NGOs.
>> I recommend that we also include research institutes, colleges and
>> universities. I recommend that we don't as a rule include
>> professional associations, but may do so in special cases. And I
>> tend to think we should not include real foundations. It would be
>> good to hear your views on these and any other organisations forms
>> that you think we should consider. I have received requests for
>> membership from a university and from an organisation that has
>> "foundation" in its name but says that it is not one in fact.
>>
>> Feedback would be much appreciated by Monday if possible.
>> Best,
>> Gillian
>> ----
>>
>>
>> Gillian Dell
>> Programme Manager, Conventions
>> Transparency International Secretariat
>> Alt-Moabit 96
>> 10559 Berlin
>> Germany
>> Tel: +49-30-3438 20-17
>> Fax: +49-30-3470 3912
>> Email: [log in to unmask]
>> Website: http://www.transparency.org <http://www.transparency.org/>
>>
>> -----Original Message-----
>> From: Coalition WG on Coordination Committee
>> [mailto:[log in to unmask]
>> ] On Behalf Of Slagana Taseva
>> Sent: 06 October 2010 09:07
>> To: [log in to unmask]
>> Subject: Re: Coalition draft document -- next steps
>>
>> Hi Gillian,
>>
>> Many thanks to you!
>> I'm trying to catch up now by re-reading more thoroughly all the
>> documents
>> you have sent.
>> Sorry for not being very active lately but it was a very busy time
>> for me. I
>> was following the developments in the coalition and I'm grateful for
>> your
>> dedication and congratulate you all for the developments. Please
>> send the
>> attachment you have promised.:))
>>
>> Sincerely,
>> Slagjana
>>
>> ----- Original Message -----
>> From: "Gillian Dell" <[log in to unmask]>
>> To: <[log in to unmask]>
>> Sent: Tuesday, October 05, 2010 10:45 PM
>> Subject: Re: Coalition draft document -- next steps
>>
>>
>> Dear all,
>>
>> I hope you're all well. I'm sending you now by attachment to this
>> message
>> the full draft of the constitutive document for your review. A few
>> edits to
>> the first section have been introduced using tracking and in the
>> second part
>> tracking has also been used for text requiring special attention.
>>
>> Many thanks to Toby Mendel for his assistance in preparing this
>> draft of the
>> document.
>>
>> Looking forward to your feedback.
>>
>> All the best,
>> Gillian
>>
>>
>> ________________________________
>>
>> From: Coalition WG on Coordination Committee on behalf of Gillian Dell
>> Sent: Thu 30/09/2010 14:57
>> To: [log in to unmask]
>> Subject: Re: Coalition draft document -- next steps
>>
>>
>>
>> Dear all,
>>
>>
>>
>> Many thanks to all who sent in comments on the revised second
>> segment of the
>> consolidated document. Those inputs will be taken into account in a
>> final
>> draft to be circulated to this Working Group for final comments next
>> week
>> prior to circulating it to the whole Coalition.
>>
>>
>>
>> One question that could benefit from a round of discussion is the
>> voting
>> rights of individual members. These are curtailed in the current draft
>> because the Coalition is seen primarily as a Coalition of CSOs and
>> also
>> because CSOs tend to represent more people than individuals do. Any
>> thoughts
>> on that?
>>
>>
>>
>> The proposed next steps are as follows:
>>
>> (1) Friday 1 October 2010 : I'll send the Working Group the
>> proposed
>> draft first section of the document for one further week of
>> discussion. Toby
>> Mendel is kindly helping with the re-drafting.
>>
>> (2) Tuesday 5 October: I'll send the Working Group the revised
>> second
>> section for consideration until the end of next week.
>>
>> (3) During the week of 11 October: I'll circulate the draft
>> document to
>> the whole Coalition for two weeks consideration ( to 25 October)
>>
>> (4) During 11 - 25 October: I'll circulate to the Working Group a
>> proposed new membership application form and a first draft of Rules of
>> Procedure. I'll also circulate some questions and ideas about next
>> steps in
>> terms of when and how to hold elections.
>>
>>
>>
>> Sound ok?
>>
>>
>>
>>
>>
>> Best,
>>
>> Gillian
>>
>> ----
>>
>>
>>
>> Gillian Dell
>> Programme Manager, Conventions
>> Transparency International Secretariat
>> Alt-Moabit 96
>> 10559 Berlin
>> Germany
>> Tel: +49-30-3438 20-17
>> Fax: +49-30-3470 3912
>> Email: [log in to unmask]
>> Website: http://www.transparency <http://www.transparency/>
<http://www.transparency/> .org
>>
>>
>> ________________________________
>>
>> From: Coalition WG on Coordination Committee
>> [mailto:[log in to unmask]] On Behalf Of CorruptionWatchAruba
>> Sent: 21 September 2010 14:24
>> To: [log in to unmask]
>> Subject: current geographical distribution of UNCAC Coalition members
>>
>>
>>
>> What is the current geographical distribution of UNCAC Coalition
>> members.
>>
>> The member list on the web site is as we know incomplete.
>>
>> The reason I am asking is because I feel Central and South America
>> and the
>> Caribbean are very underrepresented in the UNCAC Coalition, yet
>> these same
>> regions show some of the highest dual statistics of corruption and
>> human
>> rights violations.
>>
>> And what happened to Djilali Hadjadj seems to happen every single
>> day in a
>> lot of countries in this region, so much so it is going increasingly
>> unnoticed and unpublished.
>>
>> Milton Ponson, President
>> Rainbow Warriors Core Foundation
>> (Rainbow Warriors International)
>> Tel. +297 568 5908
>> PO Box 1154 , Oranjestad
>> Aruba, Dutch Caribbean
>> Email: [log in to unmask]
>> <mailto:[log in to unmask]>
>>
>> CorruptionWatch Aruba is a local component of the Global Campaign
>> Project
>> Paradigm of Rainbow Warriors International, focusing on monitoring
>> the rule
>> of law, functioning and performance of the executive, legislative and
>> judicial powers in Aruba and is member of the UNCAC coalition,
>> promoting the
>> UN Convention against Corruption
>>
>>
>>
>> ________________________________
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>> Coalition.Const Doc.Full.doc.5.10.10.docx>
>>
>
> ___________________________________
> Toby Mendel
> Executive Director
>
> Centre for Law and Democracy
> [log in to unmask]
> Tel: +1 902 431-3688
> Fax: +1 902 431-3689
>
>
>
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