Preparing Afghanistan for Anti-Corruption Reform
By Jeffrey J. Coonjohn
The United Nations Convention Against Corruption (UNCAC) requires that each state party ensure the existence of a body or bodies to prevent corruption and to combat corruption through law enforcement.2 Unfortunately, for developing countries there is no uniform model available for creating such an anti-corruption body. Consequently, there are no right answers— only a measurement of success or failure. Each country must examine what has worked and what has not worked in the panoply of international anti-corruption agencies. Based upon the various models, each country will develop an anti-corruption body which is fitted for its legal, social and political circumstance. There is no “one-size-fits-all” model. A government can imbue one body with all the powers and responsibilities of anti-corruption, including prevention and law enforcement; or it can distribute these powers and responsibilities among several bodies. The purpose of this paper is to examine some of the models used by anti- corruption agencies, propose a simple UNCAC Model for developing countries, and conclude by making specific recommendations for Afghanistan. It is important to note that as a corollary to adopting an anti-corruption model, the country must also select an enforcement strategy. Unlike agency models, which are varied and often unique, enforcement strategies are generally more uniform although they may vary in their implementation.