Topic Guide: Conflicts of Interest

Conflict of interest in public procurement. Martini, M., 2013.  http://www.transparency.org/fi...  

This answer provides an overview of how to prevent and avoid conflict of interest in public procurement. It finds that: (1) countries should enact guidelines with a clear definition of conflict of interest and (2) put forth requirements for officials involved in the procurement process to disclose information on their private interests and assets, in addition to excusing themselves from certain decision-making processes and prohibiting them from performing certain functions if the opportunities for conflict of interest exist. In addition, access to information, stakeholder participation in key stages of the procurement cycle and clear review mechanisms are shown to be essential in preventing conflicts of interest during public procurement processes. Moreover, effective implementation and enforcement of the law are key to create a deterrent effect and ensure integrity during the process.      

Declaration of Interests, Assets and Liabilities: Oversight Mechanisms, Disclosure Policy and Sanctions. Martini, M., 2013. http://www.transparency.org/wh...  

This Helpdesk answer examines how conflict of interest regulations can be most effectively embedded into a wider integrity framework alongside interest and asset disclosure regimes, oversight mechanisms and sanctioning procedures for non-compliance. It emphasises that verification of public officials declared interests' must be undertaken by independent and well-resourced public bodies, and that proportionate and dissuasive sanctions for non-compliance with the rules must be consistently applied. Where conflicts of interest are proven, and found to have been ignored or not declared by a public official, there must be scope for the retroactive cancellation of affected decisions.

Local integrity: Allowances, interest and asset declarations and revolving door. Martini, M., 2014. http://www.transparency.org/wh...  

The key problems of conflicts of interest are just as applicable at the local level as at the national. Indeed, the wide discretionary powers enjoyed by local officials tasked with the allocation of state resources and provision of public services, combined with the lack of oversight, means that local government is often highly vulnerable to conflicts of interest. This answer recommends that those exercising “significant authority”, that is, those who have the ability to influence the outcome of a decision on behalf of the municipality, should be obliged to disclose their interests, as well as their assets and liabilities. It also advocates that public officials responsible for procurement processes as well as licenses and registries should also be required to declare their assets and interests.