Azerbaijan’s National Action Plan to Fight Corruption

On April 4, 2022, His Excellency Mr. Ilham Aliyev, President of the Republic of Azerbaijan, issued a decree approving the nation’s Nationwide Motion Plan to Strengthen the Struggle Towards Corruption for the interval 2022-2026 (the “Nationwide Motion Plan”).  Already ranked first among the many Commonwealth of Unbiased States (“CIS”) nations and top-10 out of fifty Member States of the Council of Europe for its implementation of key suggestions to strengthen the prevention of corruption, the Nationwide Motion Plan demonstrates a transparent and commendable dedication by Azerbaijan to proceed actively main the struggle in opposition to corruption in CIS.

Azerbaijan’s Robust Historical past Combatting Corruption

Again in 2003, Azerbaijan acceded to the Istanbul Anti-Corruption Motion Plan, a sub-regional peer assessment program supporting anticorruption reforms by way of nation evaluations evaluating authorized and institutional anticorruption frameworks and steady monitoring of the implementation of suggestions selling the United Nations (“UN”) Conference Towards Corruption (“UNCAC”) and different worldwide anticorruption greatest practices.  (Negotiated by UN Member States, adopted by the UN Basic Meeting in October 2003, and in pressure since December 2005, UNCAC stays the one legally binding multilateral treaty on anticorruption.)  Azerbaijan has actively taken half within the monitoring rounds ever since 2003.

In 2011, International Integrity, an impartial non-profit group located just some blocks from the White Home in Washington, D.C. that helps worldwide progress in direction of open, accountable and efficient governance, rated Azerbaijan’s anticorruption legislative framework strongly, scoring it 89 out of 100.  Additionally in 2011, Azerbaijan joined the Open Authorities Partnership (OGP), a multilateral initiative headquartered in D.C. that goals to safe commitments from nationwide and sub-national governments to advertise open authorities, empower residents, struggle corruption, and harness new applied sciences strengthening governance.

The GRECO Analysis

The Group of States in opposition to Corruption (“GRECO”) is the Council of Europe’s anticorruption physique.  GRECO’s predominant position is to help Member States to deal with corruption by monitoring their compliance with the group’s anticorruption requirements, which it does primarily by way of mutual evaluations comprising onsite conferences with quite a few interlocutors, authorities officers, civil society representatives, lecturers and extra, with a view to prompting the legislative, institutional and/or sensible reforms that could be crucial to shut any recognized “gaps” or vulnerabilities.  GRECO at the moment consists of fifty members, together with Azerbaijan and all different Council of Europe members, and since membership can also be open to non-European States, the US of America.  Notably, GRECO lately graded Azerbaijan 7^th greatest in whole and 1^st among the many CIS nations when it comes to actions taken to implement GRECO’s anticorruption suggestions.

Specifically, GRECO hailed latest reforms in Azerbaijan’s legislative procedures which have maximized transparency.  Beneath an up to date legislative framework, all draft legal guidelines are revealed promptly on the Parliament’s web site and stakeholder feedback are collected by way of varied channels, aggregated, and submitted to the accountable committees for dialogue.  Additional, GRECO counseled revised Parliamentary rules governing public hearings, and welcomed the adoption of a brand new Legislation on Guidelines of Moral Conduct of Deputies.  The GRECO analysis is an indicator that Azerbaijan’s anticorruption efforts comport with worldwide requirements.

The Nationwide Motion Plan

The Nationwide Motion Plan is yet one more optimistic and proactive step by Azerbaijan to stifle corruption.  In overview, the Nationwide Motion Plan highlights six key focuses for the state in the course of the subsequent 4 years.  These focuses are: (i) additional enhancing the nation’s legislative framework; (ii) maximizing transparency; (iii) focusing on cash laundering and terror financing; (iv) enhancing public oversight and participation; (v) cooperating domestically and nationally with civil society establishments; and (vi) selling anticorruption consciousness.

Of notice, limb (i) focuses on promulgating laws to encourage and shield whistleblowers who communicate up in respect of corruption-related offences.  Whereas Azerbaijan’s present laws already protects whistleblowers, the Nationwide Motion Plan requires the fortification of these current protections.  That is important as a result of whistleblowing is extensively accepted as being one of the crucial efficient methods to detect and discourage corruption and different malpractice.

Concerning limb (iii), the Nationwide Motion Plan requires the continued implementation of the Monetary Motion Process Drive (“FATF”) Suggestions, that are internationally endorsed world requirements in opposition to cash laundering and terror financing.  That is well timed, since FATF’s mutual analysis or peer assessment of Azerbaijan’s implementation and effectiveness of measures to fight cash laundering and terror financing, which is being carried out by FATF regional physique MONEYVAL, is underway.

Extra Concerns

Corruption is among the most insidious social phenomena.  Based on the Worldwide Financial Fund (IMF), corruption discourages funding, limits financial development, and alters the composition of presidency spending, typically detrimentally.  Based on the World Financial institution, corruption fuels and perpetuates the inequalities and discontent that result in fragility, violent extremism, and battle.

On this context, Azerbaijan needs to be praised for its main regional position within the struggle in opposition to corruption.  Azerbaijan has striven for years to implement worldwide greatest practices and refuses to relaxation on its laurels.  As a substitute, His Excellency President Aliyev has sought to enshrine the rules of transparency and accountability, empower the fitting to talk up, and safeguard civil society establishments.  The results of this might be to instill public belief, uphold democracy and the rule of legislation, and make sure the sustainability of open authorities and, in the end, Azerbaijan’s financial growth in years to return.