Anti-Corruption Cluster: AHSI1

 

African heads of state adopted the African Union Convention on Preventing and Combating Corruption at the second ordinary session of the Assembly of the African Union in July 2003.

In its preamble the signatories:

• Show concern about the negative effects of corruption and impunity on the political, economic, social and cultural stability of African States and its devastating effects on the economic and social development of African people;
• Acknowledge that corruption undermines accountability and transparency in the management of public affairs as well as socio-economic development on the continent;
• Recognise the need to address the root causes of corruption on the continent;
• Are convinced of the need to pursue, as a matter of priority, a common penal policy aimed at protecting the society against corruption, including the adoption of appropriate legislative and adequate preventive measures;
• Are determined to build partnerships between governments and all segments of civil society, in particular, women, youth, media and the private sector in order to fight the scourge of corruption;
• Recall the decision of the 37th ordinary session of the Assembly of Heads of State and Government of the OAU held in Lusaka, Zambia, in July 2001 as well as the Declaration adopted by the first session of the Assembly of the Union held in Durban, South Africa in July 2002, relating to the New Partnership for Africa's Development (NEPAD) which calls for the setting up of a coordinated mechanism to combat corruption effectively.

The objectives of this Convention are to:

1. Promote and strengthen the development in Africa by each State Party, of mechanisms required to prevent, detect, punish and eradicate corruption and related offences in the public and private sectors.
2. Promote, facilitate and regulate cooperation among the State Parties to ensure the effectiveness of measures and actions to prevent, detect, punish and eradicate corruption and related offences in Africa.
3. Coordinate and harmonize the policies and legislation between State Parties for the purposes of prevention, detection, punishment and eradication of corruption on the continent.
4. Promote socio-economic development by removing obstacles to the enjoyment of economic, social and cultural rights as well as civil and political rights.
5. Establish the necessary conditions to foster transparency and accountability in the management of public affairs.

The Convention includes specific articles that cover the following matters and include provisions which, require separate national implementing legislation in some instances:

• Scope of Application
• Legislative and other Measures
• Laundering of the Proceeds of Corruption
• Fight Against Corruption and Related Offences in the Public Service
• Illicit Enrichment
• Access to Information
• Funding of Political Parties
• Private Sector
• Jurisdiction
• Minimum Guarantees of a Fair Trial
• Extradition
• Confiscation and Seizure of the Proceeds and Instrumentalities of Corruption
• Bank Secrecy
• Cooperation and Mutual Legal Assistance
• International Cooperation
• National Authorities
• Relationship with other Agreements

The Convention also has a specific article dealing with Civil Society and Media in which State Parties undertake to:

1. Be fully engaged in the fight against corruption and related offences and the popularisation of this Convention with the full participation of the Media and Civil Society at large;
2. Create an enabling environment that will enable civil society and the media to hold governments to the highest levels of transparency and accountability in the management of public affairs;
3. Ensure and provide for the participation of Civil Society in the monitoring process and consult Civil Society in the implementation of this Convention;
4. Ensure that the Media is given access to information in cases of corruption and related offences on condition that the dissemination of such information does not adversely affect the investigation process and the right to a fair trial.

The Convention also provides for a follow-up mechanism:

1. There shall be an Advisory Board on Corruption within the African Union.
2. The Board shall comprise 11 members elected by the Executive Council from among a list of experts of the highest integrity, impartiality, and recognized competence in matters relating to preventing and combating corruption and related offences, proposed by the State Parties. In the election of the members of the board, the Executive Council shall ensure adequate gender representation, and equitable geographical representation.
3. The members of the Board shall serve in their personal capacity.
4. Members of the Board shall be appointed for a period of two years, renewable once.
5. The functions of the Board shall be to:
a. promote and encourage adoption and application of anti-corruption measures on the continent;
b. collect and document information on the nature and scope of corruption and related offences in Africa;
c. develop methodologies for analyzing the nature and extent of corruption in Africa, and disseminate information and sensitize the public on the negative effects of corruption and related offences;
d. advise governments on how to deal with the scourge of corruption and related offences in their domestic jurisdictions;
e. collect information and analyze the conduct and behaviour of multi-national corporations operating in Africa and disseminate such information to national authorities designated under Article 18 (1) hereof;
f. develop and promote the adoption of harmonized codes of conduct of public officials;
g. build partnerships with the African Commission on Human and Peoples’ Rights, African civil society, governmental. Intergovernmental and non-governmental organizations to facilitate dialogue in the fight against corruption and related offences;
h. submit a report to the Executive Council on a regular basis on the progress made by each State Party in complying with the provisions of this Convention;
i. perform any other task relating to corruption and related offences that may be assigned to it by the policy organs of the African Union.
6. The Board shall adopt its own rules of procedure.
7. States Parties shall communicate to the Board within a year after the coming into force of the instrument, on the progress made in the implementation of this Convention. Thereafter, each State Party, through their relevant procedures, shall ensure that the national anti-corruption authorities or agencies report to the Board at least once a year before the ordinary sessions of the policy organs of the AU.

In terms of signature, ratification, accession and entry into force the Convention states that:

1. The present Convention shall be open for signature, ratification or accession by the Member States of the African Union.
2. The Convention shall enter into force thirty (30) days after the date of the deposit of the fifteenth instrument of ratification or accession.
3. For each State Party ratifying or acceding to the Convention after the date of the deposit of the fifteenth Instrument of Ratification, the Convention shall enter into force thirty (30) days after the date of the deposit by that State of its instrument of ratification or accession.