Conflict of Interest Needs (COIN) Program
Emerging and consolidated democracies alike face concerns about conflict of interest. These concerns are best addressed through legislation that sets clear boundaries, promotes transparency through public disclosure, and ultimately encourages accountability.
As part of its anti-corruption programming, IFES assists in the development and implementation of conflict of interest legislation. Identifying the responsible enforcement agency, these laws often require it to establish and maintain a register, define procedures and forms for reporting and disclosure, and investigate, decide cases, and impose sanctions where violations occur. It is critical that these agencies formalize appropriate interpretation of relevant laws, design a plan for the day-to-day operations, develop a fair and consistent adjudication process, and make public the aware of these reforms through education and outreach.
COIN Program Objectives
IFES seeks to accomplish the three main objectives
to achieve more transparent and effective governance. First, IFES promotes
informed and appropriate
legal reform in the area conflict of interest. Second, IFES encourages
sound implementation of conflict-of-interest law. Third, IFES increases
public awareness.
Programmatic Approach
The IFES approach is mulitfacited. IFES conducts analytical
and comparative research designed to identify best practices among different
systems
and uses these benchmarks to work with legal drafters to provide analysis
and commentaries of pending legislation. IFES also provides on-site
consultation and inter-active training in order to promote the use
of best practices.
Providing assistance to interpret laws and define fundamental policies,
IFES helps to define all covered posts in the legislative, judicial,
and executive branches, to determine where the enforcement authority
is obligated to proactively investigate potential conflicts of interest,
and to define which information is required to be collected, shared
with other agencies, and disclosed for public scrutiny.
Based on the legislative interpretations and fundamental policies, IFES promotes efficient and effective administrative operations, by supporting the design of operational plans for an enforcement agency to carry out its mandate on a day-to-day basis and supports building its administrative operations, employing wherever possible intra- and inter-agency task forces to build internal expertise and leadership. IFES also provides critical support for the adjudication process including the development of an hearing processes that include defining appropriate procedures and developing formal rules.
Finally, IFES provides targeted outreach and education. IFES develops informational brochures that are distributed to elected and appointed officials affected by a new law and a program of civic education to accompany the dissemination and understanding of the law.
Programmatic Outcome
Through this approach, IFES increases transparency
and accountability of elected and appointed officials by developing
fair and consistent
adjudication processes, identifying alternative remedies when a potential
conflict of interest arises, and developing targeted outreach and education
tools and products for those most affected by new laws.