Anti Bribery and Anti Corruption Policy
Summary
The Media and Migration Association (MMA) takes a firm stance against all forms of bribery and corruption. This anti-corruption policy document outlines the guiding principles and mandatory requirements for preventing, identifying, and addressing corruption within MMA’s management and operations. The policy establishes a framework designed to ensure the highest standards of transparency, accountability, and compliance across all activities and processes. This policy applies to all employees, members, volunteers, service providers, and other stakeholders. The policy ensures that all actions and decisions are conducted ethically, with strict adherence to legal obligations and internal regulations. In instances of corruption or bribery, MMA enforces thorough investigation procedures and appropriate sanctions. The association expects and acts on the principle that all its employees, members, volunteers, bodies, and partner institutions develop a stance against any form of corruption. Media and Migration Association has zero tolerance for fraud and corruption.
Definitions
Corruption: Corruption is not a specific type of crime; rather, it is a category that encompasses various offenses, particularly bribery. Therefore, conventions of the Organisation for Economic Co-operation and Development (OECD) or the United Nations (UN) does not define corruption; Instead, these conventions enumerate the offenses recognized as constituting corruption. Corruption can be defined as giving / offering (active corruption) or requesting / receiving / accepting (passive corruption) an undue advantage in connection with a position, office or assignment.
Bribery: Bribes are the most common form of corruption, entailing attempts to influence someone to achieve something to which one is not entitled by granting or offering an undue advantage in connection with the person in question's performance of his/her duties.
Fraudulent practice: Any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit, or to avoid an obligation
Kickback: Bribes are the most common form of corruption, entailing attempts to influence someone to achieve something to which one is not entitled by granting or offering an undue advantage in connection with the person in question's performance of his or her duties.
Favouring friends and family can be corruption when someone, in return for an undue advantage, obtains an advantage (a job or something else) on subjective grounds.
Facilitation payments are payments to promote or ensure the implementation of services to which one is already entitled. Typical examples are requests from public servants for relatively small amounts of money to allow a traveller into or out of a country, to get inventory through customs or for permission to initiate an activity, such as training, for example.
Trading in influence occurs when a person gives someone (typically an intermediary) an undue advantage to influence a third party's (the decision-maker) performance of his/her position. Illegal trading in influence can exist even when the decision maker is not aware of either the advantage or the lobbying assignment, and even if attempts to influence are not successful. Hidden lobbying can amount to illegal trading in influence.
Investigation: Means Fact-finding process, i.e., a process by which evidence is sought capable of ascertaining facts to permit a determination of whether or not wrongdoing has occurred. Investigations may range from fraud and corruption to workplace harassment, abuse of authority, retaliation against whistle-blowers, sexual exploitation and abuse, and other violations of applicable regulations, rules and administrative or policy issuances.
Zero Tolerance: This means showing no leniency towards a particular behaviour or situation and intervening promptly and decisively as soon as such issues occur.
Conflict of Interests: Conflict of interests arises when any employees’, member’s or individual’s personal interests (such as family, friendships, financial or social factors) compromise or have the potential to compromise their decisions or actions in the workplace.
The Media and Migration Association (MMA) recognizes that fraud and corruption are prevalent issues with detrimental effects on employees, organizations, stakeholders, and society, and pose a significant threat to our institutional vision. The prevention, awareness, reporting, and response to fraud and corruption are essential parts of the Media and Migration Association's commitment to transparency, accountability, and compliance. Combating corruption and bribery is of utmost importance for our members, employees, partners, donors, volunteers, and other MMA stakeholders. Our internal and external stakeholders have the right to know and expect that we conduct all our activities and operations with the highest ethical responsibility, adhering to transparency and accountability standards.
Media and Migration Association has zero tolerance for fraud and corruption.
This policy sets out the minimum standards and procedures that all MMA is obliged to follow. This policy addresses the awareness, prevention, identification, reporting, investigation and close-out of fraud and corruption at MMA. All reported incidents will be properly investigated and communicated to the relevant management, administrative body, and/or entity that filed the complaint, and the process will be conducted per the control mechanisms outlined in the policy paper.
This policy paper ensures that the members, affiliates, employees, volunteers, and service providers of the Media and Migration Association (MGA) will work towards preventing and combating against fraud and corruption. MMA commits to ensuring the highest possible standards of transparency, and accountability in all its operations. The association expects and acts on the principle that all its employees, members, volunteers, bodies, and partner institutions develop a stance against any form of corruption. The purpose of MGA’s Anti-Bribery and Corruption Policy is to clearly articulate the institution’s stance on combating bribery and corruption and to ensure adherence to the principles and practices adopted in this regard.
The Media and Migration Association has embraced a zero-tolerance principle towards bribery, corruption, and fraud and takes measures to prevent bribery and corruption at any level within the institution. The association commits to enforcing laws and guidelines against bribery and corruption in the conduct of all its operations. The Anti-Bribery and Corruption Policy applies to members, employees, Board members, Audit Committee members, volunteers, consultants, service/product providers, and partner institutions. This policy paper is applied by a decision of the Board of management and is reviewed and updated annually. Updates must be approved by the Board of management.
Corruption is generally defined as the misuse of entrusted power, duty, and authority for personal gain through bribery, favouritism, fraud, and embezzlement. A form of corruption, bribery, is the act of giving or receiving, or offering or soliciting, money, gifts, or any item of financial value to or from a person as a reward or incentive for performing a task improperly. MGA has adopted a zero-tolerance policy against bribery, corruption, and fraud and rejects bribery and corruption at any level within the institution. MMA commits to applying all relevant laws and guidelines against bribery and corruption in the conduct of its operations.
Risk-Based Approach: The Media and Migration Association, as an organization working in collaboration with other civil society organizations, decision-makers, media entities, and the private sector, may face certain challenges in maintaining transparency and documenting decision-making processes. To effectively prevent corruption, MMA focuses on prioritizing areas, situations, and matters posing stakes.
The Anti-Bribery and Corruption Regulation is applicable to all employees, selected officials, volunteers, members, and others acting on behalf of MMA. This encompasses selected officials, all employees, contracted staff, consultants, and other individuals representing MMA at events, activities, and in meetings. Adherence to the anti-bribery and corruption policy is mandatory for all employees and members. Employees and MMA’s selected officials must avoid conflicts between their personal interests and the interests of the organization. MMA requires that its employees and members do not seek to gain improper advantages or benefit in ways that could harm MMA's interests. In the event of an actual or suspected conflict of interest, any employee or members must immediately report the situation to the Executive Board or/and administrative body responsible for financial and administrative affairs at MMA.
MMA accepts the following actions as being within the scope of bribery and corruption:
All MMA employees and members have critical roles and responsibilities in ensuring that fraudulent and other illicit practices are prevented, detected and managed promptly. They are responsible for safeguarding resources entrusted to MMA and upholding and protecting its reputation. Similarly, MMA's non-staff personnel, suppliers, implementing partners and third parties shall be held to the highest ethical standards.
4.1. Executive Board of MMA
The Board of Directors is responsible for ensuring the implementation of policy documents and for managing all stages and procedures through notification, investigation, and enforcement mechanisms in cases of non-compliance with rules and regulations. If any member from the Executive Board is involved in an allegation or occurrence of bribery and corruption, the control mechanism outlined in section 5.1 will be applied.
4.2. Board of Inspection
Any instances of corruption identified by the Executive Board member are to be reported to MMA’s board of Inspection, and it is expected that the necessary investigation and reporting process will be undertaken. If the Board of Inspection is unable to convene or conduct the investigation process for any reason, the Board of management retains the authority to establish a case-specific commission based on the extent and impact of the corruption.
Independent investigation commission can be established in collaboration with board of inspection members. This commission will be formed with a member of the board of inspection who has no conflict of interest regarding the allegation, a member of the board, an independent expert proposed by the complainant (individual or entity), and an independent expert appointed by the Executive Board. The independent investigation commission that is established has no authority to make decisions. It is formed to ensure that the process is conducted by experts in the field and to maintain maximum transparency. Its authority and scope are limited to providing advice. The Board of Inspection audits the association’s books entries, accounts, and records in compliance with legal regulations, the association’s bylaws, and the implementation, policies, and procedures detailed in this section, at intervals not exceeding one year.
4.3. Employees of MMA
Employees are responsible for conducting and documenting their work under this policy. MMA’S employees are responsible for raising awareness of corruption in association transactions and processes, reporting any suspicious situations, and following up until an investigation is initiated. If necessary, they may maintain confidentiality of their identity.
4.4. Reporting and Monitoring of Bribery and Corruption
At the end of each fiscal year, a report on this subject is prepared by a commission formed by an MMA employee, a board member, and an MMA member, even if there were no occurrences of corruption or bribery during the year. The report is submitted to the Executive Board and, if necessary, communicated to the relevant authorities. The reporting process includes all suspicious situations monitored throughout the year and the measures taken. In this way, all activities are regularly reviewed and audited in line with MGA's principles of transparency and accountability. The reporting or notification of bribery and corruption is conducted through this form.
5. Policy and Procedure
5.1. Investigation and Inquiry of Corruption
Necessary arrangements for a comprehensive investigation regarding the person(s) reported for corruption must be made within 15 days from the moment the corrupt action is reported or occurred. The executive board will initiate the investigation, ensuring there is no conflict of interest, and making the required arrangements. The investigation process is conducted under the knowledge of the board of inspection members along with the authorizing reporting process in addition executive board is authorized during the decision-making body. The purpose of the investigation and inquiry is to identify any instances of bribery and corruption. It is important to avoid unnecessary delays in the investigation. The investigation should not be unnecessarily prolonged. The Board members should be regularly updated on the reporting and investigation process. All parties involved in the investigation must conduct it with strict confidentiality. The recommendations resulting from the investigation will not consider decisions, yet the report will facilitate the decision-making process. The person(s) or third parties (if any) under investigation must be informed once reporting and investigation are concluded.
In the event of an allegation of bribery or corruption involving a member(s) of the Executive Board, an independent investigation committee will be formed. This committee will consist of a member of the inspection a member of the Board of management who has no conflict of interest regarding the allegation, an independent expert proposed by the complainant (person or entity), and an independent expert appointed by the Executive Board. If the committee concludes that the bribery or corruption allegation is substantiated, the member or members involved will be immediately disassociated from the association. In this case, MMA reserves the right to initiate the appropriate legal proceedings.
5.2. Precautions for the Investigation Process
The association must take precautions to uphold the integrity and trustworthiness of the investigation process. Equal priority is given to protecting the reporting individual(s) and the legal or natural entities implicated in the allegation, with due regard for the presumption of innocence. The Executive Board is responsible for managing confidential and/or false accusations or statements, reporting does not cause any harm. The following measures are crucial in this regard:
5.3. Decisions and Sanctions
MMA's Code of Conduct is binding in the decision-making process. Accordingly, if an accusation outlined in this Policy paper is substantiated, membership in the MMA and/or employment contracts will be terminated by the decision of the Executive Board. MMA is obligated to comply with the boundaries and responsibilities set by the Judiciary of the Republic of Turkey and the Law on Associations. If the incident constitutes a legal offense, the case will be taken to court. MMA form a blacklist of individuals and institutions involved in, supporting, or condoning corruption based on its findings.
MMA reserves the right to inform individuals and institutions with whom it has contact in case resulting concrete evidence is obtained. In such cases, respect for personal loss and legal rights will be observed, and it is the responsibility of the association’s competent body to clear the name of the accused. On the other hand, the accused has the right to appeal the decision made against them. The appeal authority is the General Assembly.
This policy paper is a response to MMA’s commitment to accountability towards the communities the policy, and it is integrated into MGA’s broader framework of responsibilities. It is implemented in conjunction with other related policy documents.
