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GLOBAL FORUM V ON FIGHTING CORRUPTION AND SAFEGUARDING INTEGRITY

GLOBAL FORUM V ON FIGHTING CORRUPTION AND SAFEGUARDING INTEGRITY. INTER-RELATIONSHIP AMONG THE VARIOUS FRAMEWORKS. ANTI-CORRUPTION CONVENTIONS WHICH APPLY TO AFRICA. UN CONVENTION AGAINST CORRUPTION (UNCAC): entry into force: 14/12/05

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GLOBAL FORUM V ON FIGHTING CORRUPTION AND SAFEGUARDING INTEGRITY

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  1. GLOBAL FORUM VON FIGHTING CORRUPTIONAND SAFEGUARDING INTEGRITY INTER-RELATIONSHIP AMONG THE VARIOUS FRAMEWORKS

  2. ANTI-CORRUPTION CONVENTIONS WHICH APPLY TO AFRICA • UN CONVENTION AGAINST CORRUPTION (UNCAC): entry into force: 14/12/05 • UN CONVENTION AGAINST TRANSNATIOAL ORGANIZED CRIME (UNCTOC): entry into force: 29/09/03 • AU CONVENTION ON PREVENTING AND COMBATING CORRUPTION AND RELATED OFFENCES: entry into force: 05/08/2006 • SADC PROTOCOL AGAINST CORRUPTION: entry into force: 06/07/2005 • ECOWAS PROTOCOL ON THE FIGHT AGAINST CORRUPTION: only one ratification, eight more needed

  3. SIMILAR OBJECTIVES In relation to the prevention, detection, punishment and eradication of corruption, all the instruments aim to • promote the development of mechanisms, • promote, facilitate and regulate co-operation among State parties, • develop and harmonise policies and domestic legislation of State parties.

  4. COVERAGE • SECTORS: public sector only in UNCTOC but public and private sectors in UNCAC and AU Convention. • OFFENCES: concealment of property and money laundering in UNCTOC. Wider range in UNCAC and AUC, including bribery (both domestic and foreign), trading in influence, money laundering. In addition, illicit enrichment in AUC. • MEASURES: prevention, criminalisation, international (or regional) cooperation and mutual and legal assistance, and assets recovery in all the conventions. In addition, criminal and civil sanctions in UNCAC, and technical assistance in UNCAC and UNCTOC.

  5. COVERAGE (continued) • LEVEL OF OBLIGATION: primarily mandatory provisions inAUC and UNCTOC but possible reservations by State parties. Both mandatory and discretionary provisions in UNCAC, with possible reservations.

  6. Preventive measures • UNCTOC calls for measures to promote and prevent corruption of public officials and asks for public authorities to be provided adequate independence. • UNCAC and AUC have extensive provisions on the ways, means and standards for preventive measures in both the public and private sectors. The provisions include requirements for whistleblower protection, procurement standards, access to information, accounting standards, transparency in the funding of political parties and participation of civil society. However, in UNCAC requirements relating to the transparency of funding of political parties are not mandatory.

  7. CRIMINALISATION • UNCTOC requires State parties to criminalise corruption but focuses particularly on the bribery of public officials. • Both UNCAC and UAC criminalise a wide range of offences, including offences relating to both the public and private sectors. Both instruments provide for a broad definition of the term public official. • In addition, AUC criminalises illicit enrichment.

  8. INTERNATIONAL CO-OPERATION • All the three instruments provide frameworks for mutual legal assistance, notably in extradition and investigations. • The UNCTOC provisions relating to international co-operation served as a basis for the drafting of the relevant provisions in UNCAC. • AUC, in addition, provides a framework for confiscation and seizure of assets.

  9. UNIQUE PROVISIONS • UNCAC: disallowance of tax deductibility of bribes of either national or foreign officials; liability of legal persons, i.e. companies; right of entities or persons who have suffered damages from corruption, to initiate legal proceedings for compensation; sanctions for offences. • UAC: requirement to strengthen national control measures to ensure that the setting up and operation of foreign companies shall be subject to the respect of the national legislation; requirement to take measures to prevent corrupt public officials from enjoying ill-acquired assets by freezing their foreign accounts and facilitating the repatriation of ill-acquired assets to the country of origin; eradicate corruption in development aid.

  10. CONCLUSION • The regional and international anti-corruption instruments complement each other. It is therefore recommended that States ratify, domesticate and implement the relevant frameworks.

  11. Dr. Muzong W. Kodi Associate FellowChatham HouseRoyal Institute of International Affairs London, United Kingdom.

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