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Corruption dans les marchés internationaux

Kyrgyzstan should strengthen integrity and independence of the judiciary and prosecution service

 

07/08/2018 - Kyrgyzstan has recently adopted important legislative reforms, in particular with regard to the civil service, conflict of interests and asset disclosure mechanisms, as well as the criminalisation of corruption. However, most of the new measures have yet to be implemented in practice and have not had a significant impact on reducing corruption, according to a new OECD report.

 

The report finds that political instability in Kyrgyzstan is affecting anti-corruption policies. There is no single institution responsible for comprehensive and sustainable policy development and implementation. The government should also encourage a more active and meaningful role for civil society in the fight against corruption. The report further recommends that Kyrgyzstan significantly increase the transparency and accessibility of government-held information, and open up government registers and other information that is of public interest.

 

The report welcomes the adoption of new laws on conflict of interest and asset disclosure but the new legal framework lacks an effective enforcement mechanism. Furthermore, the scope of information from asset declarations that is required for publication should be extended to allow for closer public scrutiny as well as better detection of conflicts of interests and illicit enrichment of public officials.

 

The report notes that far-reaching changes are required to improve the judiciary and public prosecution systems. The current framework does not provide sufficient guarantees of independence and lacks effective tools to promote integrity. This is, in particular, due to the excessive role that political bodies play in the organisation of the judiciary and prosecution systems as well as in the careers of judges and prosecutors. The report recommends a number of important measures in this regard, including at the constitutional level.

 

The report further recommends that Kyrgyzstan:

  • Continue expanding e-governance instruments to reduce corruption risks in the public administration.
  • Collect, publish and verify company beneficial ownership information on a central register.
  • Extend electronic procurement to all types and procedures of procurement; reduce non-competitive procurement.
  • Set up a business ombudsman institution and promote the creation of compliance programmes in public companies.
  • Complete the alignment of criminal law with international standards and recommendations.
  • Extend the definition of politically exposed persons and ensure effective enforcement of the money laundering and illicit enrichment offences.
  • Ensure effective specialisation of law-enforcement authorities in the investigation and prosecution of corruption and prevent political influence on enforcement efforts through institutional reform.

 

The report also includes an in-depth study of the customs sector and recommends a set of measures to address high corruption risks in the sector. Kyrgyzstan is the first Istanbul Action Plan country where the customs sector was selected for in-depth analysis.

 

The full report and recommendations on Kyrgyzstan are available in Russian and English.

 

The report is published under the Istanbul Anti-Corruption Action Plan, launched in 2003 under the Anti-Corruption Network for Eastern Europe and Central Asia (ACN), which is a part of the OECD Working Group on Bribery outreach work. More information is at www.oecd.org/corruption/acn.

 

For further information, contact Mrs. Olga Savran, ACN Manager at the OECD’s Anti-Corruption Division at +33 1 45 24 13 81 or anti-corruption.contact@oecd.org.

 

 

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