2. GOOD GOVERNANCE

TRUST IN GOVERNMENT

1. From a business perspective, trust in government is a vital factor in the decisions enterprises will take, such as the decision to invest or expand operations. This trust is achieved through consistency over time in the approaches that governments take, in terms of devising and implementing policy. Is this an accurate description of the current situation regarding governance and policy processes?

2. Are there measures and systems to provide timely public reporting on performance and decision-making?

BRIBERY

3. Are bribery and corruption payments to officials an issue that members have consistently reported to you for action?

  • Is it mainly reported to you by your larger or by your smaller members; by your male or female members?

4. Are bribes widely paid?

  • If so, does this encourage increased bribery activity less, or makes no difference?

5. Is corruption seen almost as a kind of informal tax?

6. Do effective independent anti-corruption institutions exist?

7. Are there effective measures to prevent conflicts of interests?

8. What channels exist for sharing information or speaking out about wrongdoing?

  • Does the government have a whistle-blowing or ombudsman facility?

PUBLIC SPENDING

9. In your view is government spending of public monies as efficient as possible?

  • If not, any specific parts of government spending?
  • Any recent examples of wasting of funds that were earmarked for public services or works?

10. Are there tracking mechanisms for public expenditure?

11. Are there appropriate auditing procedures for public administration and the public sector?

12. Are there transparent procedures for privatizations, State projects, State licenses, State commissions, national bank loans, other government guaranteed loans, budget allocations, and tax breaks?

13. Are there systems for access to information about public expenditure?

14. Are there transparent, public, open, non-exclusionary and objective procedures in public procurement contracts?

FREEDOM OF EXPRESSION

15. Is there a robust and independent media?

16. Is there Freedom of Information legislation?

LEGISLATIVE PROCESS

17. Is legislation benchmarked against best practice in other jurisdictions?

18. Are there effective impact assessment mechanisms for legislation? Do these mechanisms assess the impact of legislation on small enterprises, and any gender-based impacts?

19. Are there effective review mechanisms for legislation?

PUBLIC ADMINISTRATION

20. Do you think that overall public administration is sufficiently underpinned by accountable and transparent structures to provide enough confidence by investors?

  • If not, any examples of unaccountable and poorly transparent structures,?

21. Is there effective control of capital, financial and property holdings by civil servants (high level) and politicians (especially candidates for political office)?

22. Are public officials and elected politicians effectively accountable?

23. Is there a declaration of interests' registrar?

24. Is there sufficient training of civil servants?

25. Do politicians overtly divert public revenues from the provision of public services to for private patronage?

26. Are there open, transparent, efficient and fair employment systems for public officials to ensure efficiency and good service while avoiding patronage, nepotism, and favouritism?

27. Is there the provision of education, training, supervision, incentive structures and codes of conduct that breed and reward integrity and professionalism for civil servants?

28. Have systems been established to avoid conflicts of interest and improper influence on officials and to provide mechanisms for officials to report such misconduct without endangering their safety and professional status?

POLICY-MAKING STRUCTURES

29. Are policy-making structures able to sufficiently manage policy processes by taking into account overlapping policy areas?

30. Are there established mechanisms to facilitate communication between different ministries?

31. Are policy-making structures sufficiently able to measure the impact and consequences of policy approaches?

32. Are cost benefit analyses a feature of policy-making?

33. Is there sufficient debate on policy and legislative processes? With all options debated before final decisions are taken on a particular course of action?

34. Is business effectively consulted on policy which impacts on the enterprise sector?

35. Are businesswomen routinely invited to participate in the policy dialogue?

36. Is there an "administrative culture" that is well-equipped to consider the consequences of policy options?

CORPORATE GOVERNANCE

37. Are corporate governance structures effective in creating safeguards against corruption and mismanagement, limiting insider dealing and cronyism, while promoting the values of a market economy?

38. Do corporations observe basic principles of sound corporate governance, as these are a determinant of investment decisions, influencing the confidence of investors, the cost of capital, the overall functioning of financial markets, and ultimately the development of more sustainable sources of financing?

39. Does the corporate governance framework promote transparent and efficient markets, consistent with the rule of law, and clearly articulate the division of responsibilities among different supervisory, regulatory, and enforcement authorities?

40. Does the corporate governance framework protect and facilitate the exercise of shareholders' rights?

41. Does the corporate governance framework ensure the equitable treatment of all shareholders, including minority and foreign shareholders?

42. Do shareholders have the opportunity to obtain effective redress for violations of their rights?

43. Does the corporate governance framework ensure that timely and accurate disclosure is made on all material(1) matters regarding the corporation, including the financial situation, performance, ownership, and governance of companies?

44. Does the corporate governance framework ensure the strategic guidance of the company, the effective monitoring of management by the board, and the board's accountability to the company and shareholders?


(1) Material information such as the financial and operating results of the company; company objectives; major share ownership and voting rights.; the remuneration policy for members of the Board and its key executives; and information about board members.