1. INTRODUCTION
1.1. Hamqadam strives to conduct its activities honestly, free from corruption and bribery, and to uphold the highest legal and ethical standards. This must be reflected in every aspect of Hamqadam’s work.
1.2. Bribery is a crime in many countries. In the Republic of Tajikistan, where Hamqadam operates, the penalties can also be severe. In Tajikistan, where Hamqadam is registered for lawful purposes, the Law of the Republic of Tajikistan “On Combating Corruption”, adopted in 2007, not only prohibits bribery and corruption but also holds Hamqadam liable for failing to take measures to prevent such acts by those working in or on behalf of the Organization, wherever those acts are committed. Corrupt acts committed outside the country, or by partners acting on our behalf, such as consultants or partners implementing international projects, can easily lead to prosecution.
1.3. Legislation contains many definitions of bribery and corruption, but the core principles are the same everywhere. A bribe is the offering, promising, requesting or accepting of a benefit in return for performing an action that is illegal, unethical or a breach of trust. Corruption is the abuse of public office or position for personal gain, or the abuse of private power in relation to business. Bribery or corruption influences a person in the performance of their duties and can lead to acts of bad faith.
1.4. Bribery and corruption do serious harm to the societies in which they occur and hold back development and economic growth. By some estimates, up to 25 per cent of all aid is lost to corruption and bribery. As a result, aid fails to reach the people who need it most.
1.5. Bribes can take many forms, but in general they are linked to corruption. Typically, in a “favour for a favour” relationship, both sides benefit. The following are considered bribes:
- directly or indirectly promising, offering or giving anything of value;
- offering or receiving any reward, loan, bonus or other advantage;
- providing assistance, donations or votes intended to exert influence.
1.6. Hamqadam applies a “zero tolerance” approach to bribery and corruption by all volunteers, staff and branches, as well as partners working and acting on our behalf. Any breach of this policy is treated by Hamqadam as a serious matter and disciplinary action is taken.
2. MEASURES TO PREVENT CORRUPTION AT HAMQADAM:
2.1. Risk assessment. Effective risk assessment determines whether this policy succeeds or fails. Identifying risks pinpoints the specific areas where there is a risk of bribery and corruption and helps to assess and reduce those risks.
2.2. Facilitation payments
Facilitation payments. In many countries it is common practice to offer bribes or small gifts to public officials to speed up or ease a process. Hamqadam may need to obtain a licence or permit faster than usual, or to import property or materials within the law. Nevertheless, facilitation payments as defined here are contrary to this policy. Hamqadam considers such actions unlawful. Tajikistan’s anti-corruption law, adopted in 2007, makes no distinction between a facilitation payment and a bribe, regardless of the amount or local cultural expectations, even if “that is how business is done here”. However, if a facilitation payment is extorted, if staff are forced to pay, or if they face a threat to their safety or of harm, such a payment may be made. In that case, the payment must be clearly recorded in Hamqadam’s books as a bribe, together with the reason for it.
2.3. Gifts, entertainment and hospitality. Hamqadam’s practice is not to accept gifts unless refusing would cause significant offence. In that case, gifts are handed over to the human resources department to be dealt with properly without causing tension with the giver. Some practices fall within normal business limits and are acceptable because they are of reasonable value and justified origin. All gifts of significant value must be recorded and reported. Various factors, such as custom, culture and expectations, can affect what is acceptable. If staff are unsure whether gifts, entertainment or hospitality are acceptable, they may consult their manager or the Executive Director. Gifts and hospitality offered by Hamqadam must likewise be justified and proportionate in value and occasion.
2.4. Accurate books and records. It is essential that accurate books, records and financial reports are kept. Financial reporting must be continuous and transparent. False, misleading or inaccurate records of any kind may harm the Organization.
2.5. Effective monitoring and internal control. All parts of Hamqadam must maintain an effective system of internal control and monitoring of all operations. Once a risk of bribery and corruption has been identified and described through the risk assessment process, procedures can be developed as part of a comprehensive control and monitoring programme to help reduce such risks.
2.6. Relations with partners. Hamqadam’s office and branches are responsible for assessing their relationships with partners and for making partners aware of our anti-bribery policy and the need to comply with it.
2.7. Local adaptation. For this policy to be effective, it is important that it is applied at every level of Hamqadam, taking into account the different cultural settings in which we work. This may require each branch to adapt certain parts of the policy, such as those on gifts, entertainment and hospitality, so that they are fair, consistent and workable under national law and charitable principles.
2.8. Raising concerns. All people, volunteers and staff have a duty to help detect, prevent and report not only bribery but also any suspicious activity or wrongdoing. The Organization is fully committed to providing all staff and volunteers with a safe, reliable and confidential way to report any suspicious activity. If they suspect bribery or corruption, staff and volunteers may contact their line manager (volunteer coordinator), Hamqadam’s Executive Director or the Board of the organization.