Democracy and Political Governance Chapter 3 service and administrative reforms – published a civil servant’s code of conduct21 in 2000. It lists general principles for ethics and responsibility that civil servants must comply with in carrying out their work. It reaffirms the political impartiality that every Mauritian civil servant must observe. 279. Specific paragraphs of the code of ethics describe the expected behaviour of civil servants with regard to corruption: • • • • • 280. Civil servants cannot use their positions to further their private interests. They must not ask for or accept gifts or favours that may influence their activities. They must declare their interests (like partnerships or shares) in any company that could lead to conflicts of interest. They cannot publicly give opinions about the actions of the government or state their own political views. They must not seek to influence the government by divulging information to which they have access by virtue of their position. They must ensure that public money is spent effectively and for just ends. They must also not waste public funds. Except with the approval of their direct superior, they cannot hold two positions concurrently if these are likely to lead to a conflict of interest. Civil servants are currently not obliged to declare their assets. ICAC investigates if a complaint of corruption is made against a civil servant. The civil servant remains in public office and receives a salary until the matter is concluded, because he or she is presumed to be innocent. The civil servant is dismissed if convicted and his or her appeal is rejected. He or she must also serve the sentences courts impose. A concluding note on the fight against corruption in the public sector 281. 132 Over the years, the state has shown clearly that it intends to deal with those public sector institutions that are most affected by corruption by reviewing their procedures and the way they operate. Anticorruption measures are already in place at the Mauritius Revenue Authority22 (MRA) and at the National Transport Authority . The Business Facilitation Act also tries to reduce the risk of corruption by accelerating and clarifying the procedures for awarding licences and permits. Its aim is to avoid having to pay ‘speed money’ to accelerate procedures. 21 - Code of Ethics for Public Officers, 2000. 22 - ICAC: Annual Report and Audited Accounts for 2005/2006, 2006/2007 and 2007/2008. Chapter 3 Democracy and Political Governance 282. The Public Procurement Act has reformed public contracting procedures. It is another demonstration of the state’s willingness to make state functions more transparent and to prevent practices that distort public contracting procedures. This act, together with POCA, FIAMLA and the civil servant code of conduct shows that the state (independent of the government) intends attacking the problem of corruption and promoting greater transparency by reforming several sectors at the same time. The state can strengthen this resolve to increase transparency in its functions even further. 283. The role of the media (and indeed that of civil society in general) as watchdogs is very limited without legislation on access to information. This gives the impression that the state has much to hide. Parliament has yet to debate the Freedom of Information Bill that the government announced in its programme for 2005 to 2010. iii. Recommendations 284. The APR Panel recommends that Mauritius: • • • • • Establishes a legal framework for the financial activities and functioning of political parties and adopts a system for funding political parties. [Political parties and Parliament] Introduces freedom-of-information legislation to facilitate access to public information. [Government and media organisations] Extends the requirements for declaring assets to civil servants who hold key posts in the public contracting system. [Government and Parliament] Strengthens the judicial system by providing the required resources (human, financial, and specialist training) in order to combat corruption more effectively. [Government and development partners] Amends POCA of 2002 to ensure that a body to supervise the investigative work of ICAC is established, and makes this law applicable to everyone, including private individuals, election candidates and advisers. [Government and Parliament] Objective 7: Promote and protect the rights of women i. Summary of the CSAR 285. According to the CSAR, the set of legal and institutional measures, which the state introduced many years ago, has helped to promote the legal and 133