Transparency International (TI) today published nine detailed country studies that analyse the implementation of anti-corruption laws in Algeria, Burundi, Kenya, Liberia, Nigeria, Sierra Leone, South Africa, Togo, and Uganda.

The studies found that the nine countries have legal gaps with respect to requirements established by the international anti-corruption instruments most relevant for the region: the UN Convention against Corruption (2003) and the African Union Convention on Preventing and Combating Corruption and Related Offences (2003). TI has been active in promoting the ratification, implementation and monitoring of both the UNCAC and the AU Convention. To advance in-country work on both conventions, TI worked together with nine of its National Chapters in Africa to take stock of the extent to which Convention standards are reflected in their legislation by reviewing the statutory and regulatory provisions in place. Drafts of these implementation reviews were made available at the UNCAC Conference of States Parties in December 2006.

The UNCAC

In its eight Chapters and 71 Articles, the UN Convention against Corruption (UNCAC) obliges the States Parties to implement a wide and detailed range of anti-corruption measures affecting their laws, institutions and practices. These measures aim to promote the prevention, detection and sanctioning of corruption, as well as the cooperation between State Parties on these matters. The UNCAC is unique as compared to other conventions, not only in its global coverage, but also in the extensiveness and detail of its provisions. This international instrument, which was entered into force on 14 December 2005, calls for preventive measures and the criminalisation of corruption in the public and private sectors. To-date it has been ratified by 91 countries and has 140 signatories. Last year marked an important step towards realising the global potential of the Convention, since member states gathered for the first time at the UNCAC Conference of States Parties in Jordan 10 - 14 December 2006. The next will take place on 28 January – 1 February 2008.

The AU Convention

The African Union Convention on Preventing and Combating Corruption and Related Offences (AU Convention) was adopted by African Heads of State in July 2003. It entered into force on 5 August 2006, when the requirement of 15 ratifying countries was finally met. Though overlapping with the UNCAC in some areas, the AU Convention is particular in containing binding provisions on private-to-private corruption and political party funding. In addition, it obliges state parties to incorporate laws on asset declaration by public officials and restrictions on immunity of public officials. To date, 16 countries have ratified the AU Convention, while other countries such as Nigeria, Kenya, Senegal and Egypt have yet to prove their commitment by joining the club.

Nine African countries have yet to fully implement international anti-corruption conventions, according to detailed country studies issued today by Transparency International (TI).

Algeria, Burundi, Kenya, Liberia, Nigeria, Sierra Leone, South Africa, Togo, and Uganda have legal gaps with regards to the provisions of the United Nations Convention against Corruption (UNCAC) and the African Union (AU) Convention on Preventing and Combating Corruption and Related Offences.

TI chapters have monitored implementation since the AU Convention came into force on 5 August 2006.

“Implementation now must be the top priority,” said Akere Muna, Vice Chair of TI’s board of directors. “The AU Convention provides a very useful template to guide such a process. In concert with civil society, TI will continue to lobby governments and legislators on how best to cope with the obvious challenges posed by this process. These legal studies provide useful guidance at the county level as a blueprint for reform.”

Today’s studies analyse anti-corruption measures and highlight the main shortcomings of the reform process. A common feature in most countries is the absence of comprehensive national strategies to combat corruption, as well as a lack of real political will to implement reforms.

“Nigeria has an impressive array of structures, institutions and laws aimed at combating corruption, as well as a successful track record of recovering stolen assets,” said Lilian Ekeanyanwu, researcher on the Nigerian study and an expert on international anti-corruption conventions. “Nigeria’s programme, however, still falls short of the standards and requirements of an effective anti-corruption regime as demanded by the anti-corruption conventions.”

TI’s goal in both processes has been to create effective review mechanisms. “Progress will only happen when governments are required to report publicly. As long as governments slow down the process of creating review mechanisms, as in Algeria, we strongly doubt their real commitment,” stated Djilali Hadjadj, spokesperson for TI’s chapter in Algeria.

Governments are required to report back on progress by completing a questionnaire for the next UN Conference of States Parties in February 2008. TI encourages civil society organisations to use the findings of the nine country studies in order to complete the same questionnaire.

Coordination and harmonisation of reporting requirements for regional and international anti-corruption conventions will minimise the burden for governments by “creating synergies”, as stated in the final declaration of the Global Forum V on 2-5 April 2007.

A modest 16 of 53 African countries have ratified the AU Convention. The record for UNCAC is slightly better, with 29 ratifications. However, a low turn-out of African countries at the first Conference of States Parties to the UN Convention in December 2006 raises doubts about African commitment to the convention.

Apart from the implementation reviews of the UNCAC and AU Convention, TI and its National Chapters intensified advocacy efforts in 2006, in order to give a boost to the conventions visibility.

TI National Chapters from five African countries were represented at the UN intergovernmental meeting in Jordan in December 2006 including Cameroon, Liberia, Madagascar, Nigeria, and Zambia. They were part of a larger coalition called the “Coalition of Civil Society Friends of the UNCAC” , which had representatives at the Conference from more than 50 civil society organisations from all over the world.

TI’s main objective at the Conference was to promote an agreement on the steps towards the creation of an effective and appropriate monitoring mechanism. Such monitoring is essential to transform the UNCAC from a piece of paper into effective actions against corruption. Experience with other anti-corruption conventions has demonstrated the importance of a systematic monitoring process to ensure timely and effective implementation by national governments.

The civil society coalition undertook various efforts during the Conference in order to present their views and enrich the negotiations. They engaged in discussions with the official delegates from national delegations, distributed expert papers and circulated information through a daily newsletter called “Monitor”.

Regional Activities

In 2006, West African Chapters and partners in nine francophone countries came together in a major capacity building project. Funded by the European Union and the Canadian International Development Agency (CIDA), materials including the Civil Society Advocacy Guide on Anti-Corruption Conventions were published in English and French. This guide makes the conventions more accessible to a wider public and offers guidance for lobbying at regional and national level.

TI is further bringing together civil society experts on the AU Convention to develop proposals on follow-up regarding the implementation of the AU Convention and the shape regional oversight institutions should take. The first expert meeting, bringing together representatives from TI Chapters in Ghana, Cameroon, Nigeria, Zambia, and Zimbabwe was held in Yaoundé in June 2006 to start planning a strategic and legal framework for monitoring activities under the AU Convention.

Most recently, representatives of TI Chapters and contact groups from Liberia, Nigeria, South Africa and Zambia have participated in the Global Forum V in South Africa in April 2007, by contributing to workshops on strengthening actions for effective implementation of anti-corruption measures. The Forum allowed around 1,500 participants to share best practices and discuss how they can fulfil the commitments made in Jordan on implementing the UNCAC. Participants included government representatives, as well as representatives of legislatures, regional economic communities, international organisations, research institutions, and civil society organisations.

Civil society awareness raising and lobbying at national level

Transparency International Zambia has done well at creating awareness of the issue on a local level both for policy makers and the general public. Timing many activities around December’s Anti-Corruption Day, which marks the entry into force of the UNCAC, TI Zambia promoted the fight against corruption through activities such as drama and art competitions. TI Zambia also formed a working committee with the Anti-Corruption Commission to encourage the Zambian Government to ratify the UNCAC and domesticate its provisions. For more info on civil society activities in Africa, please click here

The country studies include reviews of several African countries’ legal and socio-political frameworks and how they can accommodate international obligations as enshrined in the UNCAC and the AU Convention. The commitments outlined in the conventions focus mainly on the implementation of legislative, administrative and institutional measures and, in certain respects such as mutual legal cooperation, the adoption of bilateral and multilateral treaties and arrangements.

The country study, however, found that the Algerian government seems unwilling to implement effective anti-corruption measures. The reports of the preventive body of the government (Organe national de lutte contre la corruption) have not been made public and the Algerian government refused to put into practice an international monitoring mechanism to review the implementation of the UNCAC. Key recommendations given in the conclusion of the country study refer to the need to provide information about the convention to a broader public including public institutions, banks, media, and universities. In addition, the recommendations point to a need to strengthen international cooperation and mutual assistance between jurisdictions in the country.

In order to promote the implementation of the UNCAC and the AU Convention, the Association Algérienne de Lutte Contre la Corruption, TI’s chapter-in-formation in Algeria, has been engaging the public through a series of public meetings, booklets and handouts, as well as some media relations efforts.

It found that the practical obstacles to the implementation of the conventions are mainly due to the increasing poverty and the socialisation of gift-giving, for example, the existing cultural traditions that do not allow a present to be refused.

In addition, in 2005, the Public Procurement and Disposal Act came into force. The country study found that despite this proliferation, and sustained rhetoric by government spokespersons, there is a strong perception in the country that these initiatives had no major impact.

The country study found that the main obstacle is the scarcity of financial resources required to fund most of the anti-corruption measures and programs. Even in the face of this large obstacle, however, there are some accomplishments. In 2006, the Governance Reform Commission (GRC) began its work, leading to the enactment of a public sector code of conduct and the establishment of a robust anti-corruption agency. A major catalyst has been the strong public push for reforms and the decision of the international community to remain engaged in Liberia for a period of at least three years.

the Independent Corrupt Practices and other Related Offences Commission and the Economic and Financial Crimes Commission. Despite the existence of these laws and institutions, Nigeria still falls short of the standards and requirements of an effective anti-corruption government as embodied in the international anti-corruption conventions.

In the run-up to the recent elections, TI Nigeria and the Zero Corruption Coalition held a series of workshops in the six geopolitical zones of the country to emphasize the importance of the ratification and domestication of the UNCAC and AU Convention.

The country study found, however, that major obstacles remain, such as the potential for political interference by the Government into decisions to prosecute persons accused of corrupt offences. The Anti-Corruption Act 2000 confers to the Attorney-General and Minister of Justice the power to consider “whether criminal proceedings may be instituted” on any investigation of the commission.

The National Accountability Group, TI’s contact group in Sierra Leone, facilitated a three-day Capacity Building Training Workshop about the conventions for civil society organisations as well as traditional and religious leaders. Further, the organisation formed a key stakeholder working group on the conventions.

This also leads to inter-agency conflict that compromises the needed cooperation between various bodies, such as the National Prosecuting Authority, the South African Police Service, the Directorate of Special Operations, the Special Investigations Unit, and the Financial Intelligence Centre. In addition, the study points to a lack of regulations around private political party funding.

TI South Africa has been advocating first for the adoption of the UNCAC and then of the AU Convention by participating in the work of the National Anti-Corruption Forum , a platform where civil society, business companies, and government institutions meet and discuss strategies to combat corruption.

According to the country report, these laws and regulations are compatible with the requirements of both conventions. However, other legislative and administrative measures need to be adopted to fully transpose those requirements into Togolese national law.

The country report found, however, that other measures on protection of witnesses, participation of civil society, criminal prosecution and sanctions, seizures and confiscation of property and financial records, and the payment of compensation need to be strengthened and reinforced.