Frequently Asked Questions

---------------------------------------------------------------------------------------------------------------------- Corruption What is Corruption? What is KKN (Korupsi-Kolusi-Nepostisme)? What are the consequences of corruption? What are the general indicators of the existence of corruption? What is corruption to Timorese people? What are the examples of possible corrupt acts in East Timor Nepotism What is nepotism? Who is a government official? When is it nepotism? When is it not nepotism? How can I know if someone is engaging in nepotism? Bribery What is bribery? Who is the government official? What are the examples of people offering bribers? What are the examples of government officials seeking bribes? How can I know if someone is seeking a bribe? Collusion What is collusion? Who is a civil servant? When is it collusion? When is it not collusion? How can I know if a civil servant is engaging in collusion? -------------------------------------------------------------------------------------------------------------------------------------------- Answers Corruption What is Corruption? Corruption is an action that deviates from the formal obligations of a public office to satisfy private interests (personal, family or of a closed group). Normally most corrupt acts are for financial gain and are carried out by undesirable elements who try to improve their status, by violating the rules of behaviour related to the public interest. Corruption is like a disease because its advance seriously affects the development of all society. It will always be with us, but this sad fact does not stop us from trying to reduce its effects. Corruption can involve promises, threats or both; it can be initiated by a public servant or by an interested client; it can involve acts of omission or commission, it can involve legal or illegal services; it can occur within or outside a public organization. The limits of corruption are difficult to define and depend on the laws and customs of each country. Fortunately, all the legislations of the world condemn corruption and its different forms (Bribery, Collusion, Extortion, Embezzlement, Fraud, Favouritism and Nepotism). What is KKN (Korupsi-Kolusi-Nepostisme)? The practice of corruption greatly affects the economies and societies of the developing world. It is often manifested in collusion and nepotism, and therefore in the countries of Asia the plague is known as KKN.   What are the consequences of corruption? The practice of corruption greatly produces great negative effects on the social, economic and political development of a nation, principally: Increasing poverty because the goods and resources of the government are diverted to private uses; The practice of injustice by the improper distribution of resources among people who have economic power; Instability in society, manifested by the loss of civic values of transparency, order and discipline.   What are the general indicators of the existence of corruption? Rapid accumulation of wealth by a civil servant in disproportion to his salary; The same company is always contracted by certain government department; Conducting public tenders or purchasing goods and services in a secret manner or with the participation of few competitors; The quality of construction of a building or street does not correspond to the investment; Hiding official documents or withholding information about the budget or public finance.   What is corruption to Timorese people? Based on various inverviews made with students and workers in Dili by the newspaper “Tais Timor”. this is what Timorese people think of corruption in East Timor . It is a plague that devastated East Timor when Indonesia was affected by the financial crisis; It is an inheritance from the Indonesians that continues on in East Timor Corruption is still alive in East Timor and its existence is a threat for the future of our children; it is necessary to be ready to fight it; Corruption is the easiest way that some people choose to become rich in a short time by taking advantage of the goods that belong to the state They are immoral actions contrary to the wishes of the people for a better and just life. What are the examples of possible corrupt acts in East Timor ? Corruption is a crime for which one can be prosecuted, if it is denounced and proven. The following actions could be considered as corrupt acts: When we know that many donations arrive from various countries, but are never distributed entirely the community, instead part stays with the leaders or their partners. When we are looking for work, we see that some Timorese try to give priority to hiring their friends. When we see that some people use public property in a way that is not allowed by the regulations. When we see some citizens are given better treatment b public services, when all citizens should be treated equally.   ---------------------------------------------------------------------------------------------- Nepotism What is nepotism? In East Timor , NEPOTISM is a crime. NEPOTISM is an action by which a government official abuses their position in order to benefit his family or friends above the interests of society. NEPOTISM is a form of corruption and it is illegal. If you know that a government official is helping his family or friends to get government jobs or to illegally benefit from some government service, you should report it. NEPOTISM has a maximum penalty of 12 years in jail. Who is a government official? A government official is a person employed by the East Timor Public Administration (ETPA) or one of its agencies. Among their other duties, government officials may be responsible for: Approving the staffing plans for government offices; Evaluating applicants for government jobs; Appointing staff to work in government offices; Awarding contracts; Providing services to the public. When is it nepotism? It is nepotism when a government official hires a member of their family to work in the governmnet It is nepotism when a government official gives a contract to a close family member or a close relative; It is nepotism when a government official gives special treatment to a friend or a family member; It is nepotism when a government official allows a family member or close friend to jump the queue ahead of other people; In these examples above, the person who engages in nepotism is committing a crime. When is it not nepotism? It is not nepotism when two single people who work in the same department get married. It is not nepotism when the child of a department head is appointed to a government position as the result of an open competition based upon merit as judged by an independent panel. It is not nepotism when a nurse takes their child to the clinic and waits their turn for treatment. It is okay for a government official to provide public services to his friends and relatives provided they are treated the same way as everyone else. How can I know if someone is engaging in nepotism? Normally, the people in an office or in a community will know if one employee is related to another. It is usually easy for a member of the public or an employee to see if the director, the manager or the head of some government office is helping their relatives or friends ahead of everyone else. When nepotism is suspected, it is not necessary to have proof in order to report the incident. The Inspector General will obtain the required proof if there has been nepotism. Remember that all citizens have equal rights to receive a government service to which they are entitled or to compete for a government job or a public contract. If someone is not getting an equal opportunity, then there is nepotism taking place. -------------------------------------------------------------------------------------------------- Bribery What is bribery? In East Timor offering money or gifts to government officials to obtain a benefit or favour is illegal. It is called bribery and is one form of corruption. BRIBERY is a crime and you can be charged by the police. If you offer a bribe to a government official, it is a crime. If a government official asks for or seeks a bribe, or if they accept a bribe that you offer, they are also committing a crime. BRIBERY has a maximum penalty of 5 years in jail. Who is the government official? A government official is a person employed by the East Timor Public Administration (ETPA) or one of its agencies. Government officials perform duties such as: Providing services: e.g. electricity, water, roads, healthcare Granting licenses: e.g. driving license and business registration Inspecting and regulating business: e.g. controlling money changers Giving approvals: e.g. building permits Imposing sanctions: e.g. traffic violations What are the examples of people offering bribers? If you offer money or a gift to a government official to ensure they choose your company to supply office supplies; If you offer money to inspectors to ignore regulations; If you offer a gift to an official to secure approval for your project; If you offer money to obtain a vehicle permit; If you offer money to an official to avoid paying import duties or taxes. What are the examples of government officials seeking bribes? If a government official asks for money to let you occupy an abandoned property; If an inspector asks for free food or drink to allow you to operate a restaurant; If an employee of the electricity service asks for money to connect your house; If a policeman asks for money instead of issuing a traffic violation; If a government official asks for money to get you a job. In all these examples, the person who offers or seeks a bribe is committing a crime. How can I know if someone is seeking a bribe? Normally, someone seeking a bribe is offering you a special benefit or treatment. The bribe money would not go to the government organization, but instead to the government official's pocket. The most important way to tell if someone is asking for a bribe is that they will not give you an official receipt. An official receipt is a piece of paper that should contain the name of the organization receiving the money, the date the payment was made and how much money was paid. A receipt shows that you are paying the right amount of money, and the person is not taking the money for themselves. So when you deal with a government department, you should always ask for and receive a receipt as proof of payment. If you are unsure of the amount you should pay, ask to see a list of fees and charges. When a government official asks for money insist on a receipt. ----------------------------------------------------------------------------------------------------- Collusion What is collusion? In Timor Lorosa'e, collusion is a crime. Collusion is a conspiracy or combination between two or more persons by which they agree to deceive or defraud another person or institution in order to obtain some goods or services they are not entitled do. Collusion is a form of corruption that is generally accompanied by other crimes. If you know a civil servant who is working with other people in order to illegally obtain some public goods or services, you should report this to the authorities. Collusion in Timor Lorosa'e has a maximum penalty of 12 years in prison. Who is a civil servant? A civil servant is a person employed by the East Timor Public Administration (ETPA) or one of its agencies. Civil servants have rights and obligations that they have to fulfill as they do their work and they are subject to sanctions if they act inappropriately. Among other duties, civil servants could be responsible for: Custody, contol and administration of goods and services that belong to the government; Approval of contracts for the purchase of materials or for the execution of public works. Providing services or assistance to people in general. When is it collusion? It is collusion when a public employee secretly meets with other people or with private company representatives to conspire on actions such as: To give preference to one company or vendor over all the others who could supply the same goods. Paying more than the fair competitive price for a public works project. To supply inside information to a bidder in order to give them an advantage in a competition to supply goods or services. To accept false documents or receipts in order to get money from the public coffer or justify expenses charged to the government. To give special treatment to one or more persons thereby taking away the rights of other people who have the same needs. When is it not collusion? Public employees decide to have a private meeting with someone as long as the purpose of the meeting is legal. Public employees decide to meet together to defend or to advance their collective rights. After meeting with a civil servant, someone was caught committing a crime. How can I know if a civil servant is engaging in collusion? Investigators are alerted to the possibility of collusion in government contracts by a number of indicators, such as: When the prices of the bidders are identical. When there is evidence that the same person prepared all the bids. When the same vendor always wins a certain type of contract. When the prices paid are greater than fair competitive prices. There are informers among the competitors. When a contract is granted without a competition, or when there are few contenders in the competition. When the contract is not awarded to the lowest bidder. When the project manager negotiates a lot of “change orders” or additional work to the contract. Presence of suspicious individuals in the system