Transcript Cameroon Mr. Dieudonné Massi Gams

REPUBLIQUE DU CAMEROUN
Paix – Travail – Patrie
-------Présidence de la République
---------Commission Nationale Anti-Corruption
(CONAC)
REPUBLIC OF CAMEROON
Peace – Work – Fatherland
--------Presidency of the Republic
----------National Anti-Corruption Commission
(NACC)
7th Annual Conference and General Meeting of the IAACA
Workshop 2 (2)
"Striking Tigers as well as Flies": Non-selective Anti-corruption Law Enforcement
A presentation by Rev. Dr. Dieudonné MASSI GAMS,
Chairman of the National Anti-corruption Commission of Cameroon (CONAC)
Date: Friday 22nd November, 2013
Time :16:15-18:00
Venue: ATLAPA Convention Center Panama
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OUTLINE OF PRESENTATION
1. Introduction
2. About “Tigers” and “Flies”
3. Prerequisites for a Non-selective anti-corruption law enforcement
4. Non-selective Anti-corruption law enforcement, the case of Cameroon
5. Merits of a non-selective anti-corruption law enforcement
6. Possible challenges
7. Integrity: the best bet
8. The primordial role of communication
9. The way forward
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1. INTRODUCTION – ABOUT MYSELF AND CONAC
 I am Rev. Dr. Dieudonné MASSI GAMS, a Clergyman and
Chairman of the National Anti-Corruption Commission of
Cameroon, better known by its French acronymn CONAC.
 CONAC is an independent public body created by a Presidential
Decree on the 11th of March, 2006.
 It is the central structure in charge of coordinating anti-corruption
activities and implementing the anti-corruption plan of the
government of Cameroon.
 Its main mission is to contribute to the fight against corruption in
Cameroon. The activities of CONAC are based on three
fundamental pillars: prevention and communication; studies and
cooperation and investigations.
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2. ABOUT « TIGERS » AND « FLIES »
•
I will start my presentation with two questions. In the fight against
corruption: Who are the Tigers? Who are the Flies? Here is my opinion.
• TIGERS
FLIES
Influential in society and very rich.
Senior civil servants and top politicians
Poor and needy people
Ordinary State employees and citizens
Work in groups and networks
Work alone or in little groups
Multi-nationals from developped countries
Small and medium-size local companies
People with connections in the administration
People with neither connections nor influence
People ready and able to corrupt the judiciary
People who can hardly corrupt the judiciary
Have the means to hide evidence of their crime
Their crime can easily be exposed
Very intelligent
Take huge sums of money
Not so intelligent
Take little ridiculous sums of money
Brainstorm and strategize before carrying out an
act of corruption
Engage in an act of corruption without much
planning or strategies
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ABOUT « TIGERS » AND « FLIES » (cont.)
•
•
Another question. Who are the most dangerous to society: Tigers or Flies?
CORRUPTION BY TIGERS
CORRUPTION BY FLIES
Huge sums of money change hands
State budget is principal target
Very small and insignificant amounts change
hands. Money of private citizens targetted
Not usually visible. Difficult and expensive to
investigate and trace
Visible to the eyes of many. Easy and cheap to
investigate
The State / community gets poorer
Individuals get poorer
The entire community / country affected and
suffers consequences
Individuals are affected and suffer the
consequences
Involvement of a chain of government officials
who divide the proceeds
Most often the individual bags all the proceeds
of his/her corrupt act
Huge projects such as road construction,
building of schools and provision of basic
amenities jeopardized
Poor quality service delivery in the transport,
education, health, security and other sectors
Difficult to catch and dismantle the chain. White
collar criminals.
Individuals involved in acts of corruption can be
easily picked out.
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ABOUT « TIGERS » AND « FLIES » (cont.)
 Which ever way we look at it, « Tigers » and « Flies » are dangerous. Their acts of
corruption slow down development and the wellbeing of the population. It is therefore
imparative to strike both of them if we dream of overcoming corruption.
 In simple terms, it means no one should be above the law in the fight
against corruption.
 By lmplication, considerations such as political, social and educational
status; tribal and family affiliations should not really matter when the offence
of corruption is concerned.
 The same fate should befall all those suspected or guilty of corrupt
practices. The anti-corruption dragnet should be even and strong enough to
catch the « big fishes ».
 This also implies that amounts do not really matter. For, as the popular
adage goes, « he who steals an egg can steal a chicken ». The reverse « he
who steals a chicken has already stolen an egg» also holds.
 Even in religion, Christians know that « sin is sin » as all lead to death.
Romans 6:23.
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3. PREREQUISITES FOR A NON-SELECTIVE
ANTI-CORRUPTION LAW ENFORCEMENT
Strategies to combat a « Tiger » are definitely different from those needed to catch a «Fly». We would
not delve into the strategies here. Rather, we would look at the prerequisites for a non-selective
anti-corruption law enforcement which remain the same for « tigers » and « flies ».
•
•
•
•
Strong supreme political will Must be manifested through action and
measurable commitment not through a political manifesto.
Rule of law. This implies the existence of good laws and their proper
implementation. It ensures that all institutions (persons) of the nation
are subjected to the laws of the country, strict code of conduct,
accountability and transparent procedures. Ensures checks and
balances.
Independent judiciary: Without an independent judiciary, the whole
notion of rule of law and law enforcement comes to nothing. The
judiciary should be competent, independent and impartial.
Independent anti-corruption institutions: Even though Anti-Corruption
Agencies are strictly speaking, not courts or tribunals, their
effectiveness will require all the three elements associated with the
judiciary: Competence; Independence; Impartiality.
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4. NON-SELECTIVE FIGHT AGAINST
CORRUPTION, the case of Cameroon
Background
•
•
•
•
•
•
•
Everyone is equal before the laws of the nation
Existence of a Supreme Political will. “I am fully determined to eliminate this scourge
and to step up the fight against corruption, without complacency, discrimination and
irrespective of the social status or political leaning of those found guilty. Nobody will
consider himself or herself to be above the law” H.E. Paul Biya September, 2011.
Creation of specialised institutions to fight against corruption: the National Anticorruption Commission, the National Agency for Financial Investigation, the
Supreme State Audit, the Public Contracts Regulatory Agency, ministerial anticorruption units, tenders boards of public bodies and semi-public establishments,
the Ministry of Public Contracts, Special Criminal Court, without forgetting the
punitive role of traditional national courts.
Elaboration, validation and implementation of the National Anti-Corruption Strategy
under the supervision of CONAC. Strategy targets all sectors of national life.
Elaboration of a National Education Programme for Integrity
Existence of a free press
Initiation of special operation “sparrow Hawk” that targets high profile suspects
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NON-SELECTIVE FIGHT AGAINST CORRUPTION IN CAMEROON (cont)

Government’s determination to fight the Tigers can be judged
through the operation « Sparrow-Hawk » that targets high
profile corrupt officials. Today, Cameroon is a country with
one of the highest number of « big fishes » in prison.
Currently behind bars on corruption-related charges:
 A former Prime Minister
 Three former Secretaries General at the Presidency
 Over ten former members of government
 Over five former General Managers of public and parapublic
Corporations
 Scores of Directors of the Central Administrations…
 And the arrests continue…
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NON-SELECTIVE FIGHT AGAINST CORRUPTION IN CAMEROON (cont)
At the National Anti-Corruption Commission we fight the Tigers and the Flies


Commissioners work in total independence, without fear or favour. They have just their
consciences to judge them as all Commissioners take the following oath before the
Supreme Court: « I undertake to discharge my duties with integrity, without fear or favour
and in total independence, in accordance with the Constitution, laws and regulations of the
Republic ».
Commissioners have the right to :
 access all government, semi-public and private services as well as documents
and information needed for the discharge of their duties ;
 resort to any competent authority for assistance in the discharge of their duties ;
 request information from any public servant, whether an official or not, as well as
from any natural person or corporate body awarded a public contract.



Investigations are done without distinction (from members of government to cleaners)
Annual reports generally contain names of all those investigated, their political leanings,
class and social status notwithstanding.
Files forwarded to the Head of State and to the judiciary irrespective of the status of the
one under investigation.
This has helped build the credibility of the structure as some yesterday’s
« untouchables » are being investigated by CONAC
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All these have been possible, thanks to the strong supreme
political will of President Paul Biya. Here, he reassures the
Chairman of CONAC of his total support to the Commission.
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Heavy prison sentences are also given out to those judged and
found guilty of corruption. This paper reports of a life term jail
sentence metted out on a former Mayor.
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5. MERITS OF A NON-SELECTIVE LAW ENFORCEMENT IN
THE FIGHT AGAINST CORRUPTION
• End to impunity
• Reinforced trust in the judiciary and anticorruption institution
• Popular adherence to anti-corruption drive
• Visibile development
• Social justice
• Prosperity
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6. POSSIBLE CHALLENGES TO A NON-SELECTIVE LAW
ENFORCEMENT IN THE FIGHT AGAINST CORRUPTION
• Absence of political will. Lots of political declarations, lip
commitments but little actions
• Absence of the rule of law. Lack of adequate laws, non-ratification of
international treaties and non implmentation of existing laws.
• Corrupt judiciary: Incompetent, dependent and partial.
• Dependent anti-corruption institutions. Institutions that are
finaciallypoorly resourced, lack competent staff, act with fear and
lack prosecutoral powers can be compared to toothless bulldogs
that can only bark without biting.
•
•
•
Absence of popular support. The public is not concerned with actions to
combat corruption and considers the ill a fatality
Lack of collaboration. Between national actors involved in the fight against
corruption and between nations.
Nepotism. Preferential treatment of friends, family, etc.
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7. INTEGRITY: THE BEST BET
Non-selective law enforcement means corruption has already taken place. We
are here talking about repression.
 However, this ought to go hands in glove with prevention; that is working
hard for the crime not to take place.
This can be by:
 Working for a change in mentality. Corruption is a moral issue. Be it small or
big time corruption, they all begin in the mind. The seeds of a successful
anti-corruption fight should therefore be planted in the minds of citizens.
We are talking here about preaching the message of INTEGRITY to all
members of society: from top managers to school pupils.
 This is possible through proper education, targetted sensitisation and well
accurate communication on good practices.
And that leads me to the last part of my presentation.
•
The importance of COMMUNICATION in the fight against corruption.
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8. THE PRIMORDIAL ROLE OF OMMUNICATION
Communication is an indespensible asset in the fight against corruption. It is generally said that to be
forewarned is to be forearmed. Communication helps to:
Sensitise the population on the dangers of corruption and benefits of integrity
Explain what the public should do to better combat the ill
Provide the contacts of structures put in place to combat corruption so that the public would
know where they can denounce
 Indicate the sanctions that await the corrupt
 Encourage men and women of integrity
 Show case the different sucess stories in the fight against corruption, most especially sucesses
recorded in high profile cases
Means of communication: use both modern and traditional
 Posters, billboards, flyers
 Radio and television programmes
 Facebook and other social networks
 Special publications and press releases
 Conferences, public gatherings
The more people are aware of the dangers of corruption and what is being done to curb the ill, the more a
nation can build a positive critical mass of individuals who can stand up against corruption.



•
As part of measures to implement Cameroon’s National Strategy Against Corruption, following are
some images used by some structures in Cameroon to communicate to the public.
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Anti-corruption fighters should be visible on the field and
seen to be doing their job. This serves as a deterrent. Here
CONAC’s Rapid Intervention Unit at Work
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The corrupt should know the sanctions that await them
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Communicate the contacts of structures put in place
to combat corruption so that the public knows where
to denounce.
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A notice board where all corruption
related information are posted
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9.THE WAY FORWARD
• Just one way…
Fighting corruption without fear or favour,
the challenges notwithstanding.
NO RETREAT, NO SURRENDER!
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THANK YOU FOR YOUR ATTENTION
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