UNITED NATIONS AFRICAN UNION ECONOMIC COMMISSION … · Draft Summary of Report . 2 I. Introduction 1. A retreat for the African Union (AU) Advisory Board on Corruption took place

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UNITED NATIONS ECONOMIC COMMISSION FOR

AFRICA

AFRICAN UNION ADVISORY BOARD ON

CORRUPTION

Retreat for the AU Advisory Board on Corruption

10th – 14th October 2011

Mombassa Continental Hotel, Mombassa, Kenya

Draft Summary of Report

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I. Introduction 1. A retreat for the African Union (AU) Advisory Board on Corruption took place in

Mombassa, Kenya from the 10 to 14 November 2011. The retreat was jointly organized by the Governance and Public Administration Division (GPAD) of the United Nations Economic Commission for Africa (UNECA) and the Secretariat of the African Union (AU) Advisory Board on Corruption (AUABC). The ultimate objective of the retreat was to provide the Board with technical support in the performance of its functions through discussing the main issues of corruption in Africa, the strategic orientation at addressing them, the mandates, opportunities, challenges and constraint of the AUBC as well as to suggest options and strategies on how the Board can best perform its functions. The retreat was also intended to provide a basis for promoting better understanding, team spirit and common direction for board members, including providing the board with concrete policy recommendations that will facilitate the actualization of its mandate as provided in the African Union Convention on the Prevention and Combating of Corruption.

2. The retreat was attended by ten out of the eleven members of the Board and was animated by presentations by leading African experts on anti-corruption, from across the continent as well as from the Diaspora. Also in attendance were three members of staff of the GPAD-ECA and three members of staff of the Secretariat of the Board, as well as representatives of partners, such as the Swedish Embassy in Addis, UNODC, UNDP Millennium Goals Campaign, BAAC, IDEP, OSI, the SADC Tribunal and Gahna Anti-Corruption Coalition etc

3. The first three days of the five-day retreat were dedicated to the presentation and

discussion of papers on the various aspects of corruption, its impact, the role, mandate and strategies for the AUABC in the fight against corruption on the continent, as well as its relationship with various national, sub-regional, continental and global institutions and actors involved in the fight against corruption. The fourth and fifth days of the retreat were dedicated to a closed statutory meeting of the Board, as well as further reflections on the papers and discussions that had taken place earlier in the week, including carefully studying and considering the Regional Anti-corruption Programme for Africa that had been put together by the GPAD-UNECA in collaboration with the Board. The second half of the last day of the retreat was devoted to considering and adopting the draft summary report of the retreat.

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II. Opening Ceremony, Brief Overview of Papers and General discussions

Opening of the meeting:

4. The meeting was opened by Mrs Julie Onun-Nwariaku, Chairperson of the AUABC who warmly welcomed all the participants to the city of Mombassa and wished them a happy and memorable stay. She also used the occasion to thank the Board’s partners, particularly the ECA and Swedish Embassy for their support in making the long-awaited and all important retreat a reality, and also the UNDP that facilitated logistics for the retreat. The meeting was called upon to observe a minute of silence in honour of late Professor Wangari Mathia, Africa’s first female Noble Laureate, renowned environmentalist, and freedom fighter, who had rested in the Lord only a few days to the commencement of the retreat. The Chair highlighted the vast responsibilities and numerous challenges of the Board, which made collaborative efforts very imperative. She gave a brief overview of the objectives of the retreat, its timeliness, and emphasized the centrality of the political will of member states; as well as the technical support of various other stakeholders in the achievement of the objectives of the Board.

5. Brief opening remarks were also made by Mr. Said Adejumobi, on behalf of the Executive Secretary of the ECA. He noted that anti-corruption is a major priority item in the work plan of the ECA because of its negative impact on Africa’s development and image, its recognition as a major source of poverty, conflict and as an enemy to human wellbeing and security among others. He observed that evidence of the spread and impact of corruption in Africa have been well documented in various ECA African Governance Reports (AGR) and also that corruption has resonated in all APRM reviews as one of the major cross-cutting

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issues. He intimated that corruption was by its very nature very dynamic and therefore required a holistic and sustainable approach for its eradication, explaining why the ECA has developed a comprehensive response to the phenomenon, as evidenced in the Draft Regional Anti-Corruption Programme that it developed in partnership with the AUABC, which needs the support and inputs of various stakeholders. He described the establishment of the Board as a huge milestone in the fight against corruption on the continent and highlighted the responsibilities and challenges of the Board as well as the need for collaboration for its success. On behalf of the ECA, he pledged continued support to the Board and highlighted the objectives of the retreat. He then joined the Chair in thanking all those who had contributed in making the retreat a reality, particularly the support received from Sweden.

6. Brief opening remarks were also made by some partners who attended the opening session – the representatives of Sweden, BAAC, OHCR, SADC, UN-CRIS, and Open Society Institute. In their various interventions, the partners highlighted the negative and multifaceted impacts of corruption that transcended simply impeding development. They underscored the importance of a multi-pronged and multi-layered approach to the fight against corruption, emphasizing in particular, the need for partnerships among various stakeholders as a means of leveraging their activities towards effectively fighting corruption. They also raised concerns over the apparent slow pace of ratification of the AU Convention as well as the challenge of engendering the requisite political will for the effective implementation of the convention by the relevant national authorities as well as sustainability in the fight against corruption. Partners also noted the existence of various regional anti-corruption instruments and highlighted the imperative for synergy and harmonization of these frameworks.

Overview of the major thrusts of the presentations and discussions

7. In all, six major plenary sessions were held during the first three days of the retreat during which, 16 out of the 18 papers that were programmed were effectively presented and extensively discussed. The presentations and discussions centered around the following themes:

§ Combating corruption in Africa: challenges and policy options § Corruption and governance in Africa: findings from the Africa Governance

Report (AGR) § The AU Advisory Board and anti-corruption mandate in Africa: opportunities,

challenges and prospects § The UN & AU Conventions on Corruption: comparisons, lessons, and

implementation issues § Supporting national anti-corruption institutions in Africa: options and

strategies for the AUABC § Experience and challenges of the Kenyan Anti-corruption Commission § The AU Convention and the ECOWAS and SADC Protocols on Corruption:

A comparison § The Judiciary and anti-corruption crusade in Africa: engaging the AUABC § Corruption as a Human Rights Issue: The Human Rights Community and anti-

corruption crusade in Africa

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§ Civil Society Mobilization and anti-corruption Campaign in Africa § The media and anti-corruption in Africa: engaging the AUABC § Forging Partnerships in fighting corruption in Africa § Combating corruption in the private sector in Africa: the Initiative of the

Business Action Against Corruption (BAAC) § Corruption and Illicit Financial Flows in Africa: Challenges and Policy

Implications § Consideration of the GPAD-ECA & AUABC Regional Anti-Corruption

Programme.

Combating corruption, the findings of the AGR and the correlation between corruption and development

8. The presentations and discussions on the first two themes bearing on combating corruption and the findings of the ECA’s AGR on the impact of corruption on governance in Africa highlighted the absence of a consensual definition for the concept of corruption. They also concurred on the pervasiveness of corruption, including its potential to erode the legitimacy of government as well as the propensity to convert citizens to cynics. Participants described and classified corruption in various ways. However, the one classification that stood out and that provoked the most discussion was Professor Chege’s three category typology - Grand corruption; petit corruption and quiet corruption; and his proposition that various categories or types of corruption required different strategies and/or response mechanisms.

9. Another interesting discussion that ensued was around the fact that there has been too much focus over the years in establishing specialized anti-corruption bodies to fight corruption, some of which have registered spectacular results in some countries. However, the point was made that anti-corruption specialized bodies have continued to face serious challenges relating to their sustainability, as well as their inadequacy in addressing certain categories of corruption, particularly petit corruption, which rather need an approach that embraces all segments of society. A call was made for the prioritization of the fight against petit corruption, because this had the potential of spilling over to also effectively addressing grand corruption.

10. There was also engaging discussion around the correlation or absence thereof, between corruption and economic growth/development. While some participants felt that there was indeed a correlation between corruption and economic development, others argued that no such correlation existed or that if it existed it was overstated. The ability of some South East Asian countries to register remarkable economic growth rates in spite of their comparatively higher levels of corruption than many African countries was used to challenge the corruption versus underdevelopment thesis. It was argued, that although no one was trying to justify the high levels of corruption on the continent by any means, anchoring Africa’s fight against corruption exclusively on the imperatives of securing economic growth and development might not be too helpful either. The proposition was made that the fight against corruption in Africa should be premised first and foremost on the fact that it is immoral and criminal; and therefore requires a more holistic approach, that would cover the entire spectrum

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of the legal system (from pre-prosecution processes to what follows a judgment) and will involve diverse reforms, including strengthening intelligence gathering capacities, investigating capacities, and prosecutorial capacities among others.

11. Another issue that retained the time and attention of participants during this session was in relation to devising appropriate strategies and methodologies for the gathering of more objective data to analyse and establish the real levels, scales, scope and impact of corruption on the continent. Participants highlighted some of the limitation of perception indexes, particularly externally generated ones as a basis for measuring the levels of corruption of African countries, partly because of their subjective character.

12. The East Asian countries’ economic growth and development was put in context

and differences in the performance between them and African countries was said to be partly explained by the fact that while the emerging capitalist class in East Asia recycled stolen resources, Africa’s stolen wealth was most often starched-offin the shores of the continent and therefore, has not served as a vector of growth and development for the African state.

Recommendations

a) The fight against corruption on the continent must involve a holistic and multi-faceted approach, with a sustainable long-term horizon, backed by strong political will.

b) There is need to build powerful anti-corruption constituencies and anti corruption institutions that are accountable not just to political authorities, but to the African peoples.

c) Need for continuous and sustained engagement with three strategic institutions of state that are most critical in the fight against corruption, namely; anti-corruption bodies/institutions, law enforcement agencies; and the judiciary, without however, losing sight of others.

d) The kind of correlation that needs to be encouraged in Africa is that of strong states and active citizens as opposed to the prevailing reality of very weak states and passive societies. There is therefore need to take the business of state building more seriously, including in the building of strong civil societies and the re-calibration of state – society relations.

e) It is necessary to identify the various types and dimensions of corruption and to

evolve the appropriate and relevant responses and mechanisms, taking into cognizance the fact that not all types of corruption can be necessarily addressed through anti-corruption bodies.

f) There is also need to critically look at some of Africa’s cultural practices, values,

activities and societal expectations/pressures that tend to incite corruption and corrupt practices.

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g) There is need for serious thought around devising indigenous African tools for objectively measuring corruption to overcome the weaknesses inherent in the use of perception indexes, particularly externally generated ones.

h) To look for ways of preventing anti-corruption institutions being used to settle

political scores or to promote political agendas. Rather, they need to be made to incite trust through fairness and justice to all segments of society.

i) To device means and strategies to incite and sustain political will among Africa’s

governing elite in the fight against corruption, including through encouraging them to provide the requisite legal framework and enabling political environment for them to do their work effectively and efficiently.

j) It was recognized that anti-corruption bodies needed to emerge from internal

processes as well as be owned by local peoples as opposed to being products of external conditionality.

k) Similarly, to remove the excuse of the use of poverty as a justification for

corruption, there is need to encourage the equitable distribution of Africa’s resources, including through better remunerations.

Supporting National Anti-Corruption Institutions in Africa: Lessons from the Sierra Leone & Kenyan experiences

13. The experiences of the national anti-corruption bodies of Sierra Leon and Kenya were used to anchor the discussion on the support that the Board is expected to provide to national anti-corruption bodies on the continent A key revelation from these two cases is that national anti-corruption bodies on the continent are at different levels of development, they have differences in capacity and resources endowments. Also, the opportunities available to them and challenges they face are not the same. Furthermore, many African anti-corruption commissions emerged out of external pressures, particularly donor conditionalities and are therefore not sufficiently embedded in any genuine, internally-driven desire to tackle corruption. These realities tend to impact on their performances with the result that some have greater chances of succeeded in their anti-corruption battles, while others do not. For example, while the Sierra-Leon case revealed a remarkable story of unprecedented political support and relative conducive political environment for a successful anti-corruption campaign; the case of Kenya was the direct opposite. It was characterized by high levels of political interference and deliberate efforts to stifle the emergence of a truly independent and effective national anti-corruption body. Paradoxically, it would seem, the legislature, which ordinarily should facilitate the emergence of an enabling legislative environment for the thriving of institutions such as anti-corruption bodies, has until fairly recently, been the principal culprit in stifling anti-corruption efforts in Kenya. In particular, the tensions between the anti-corruption body, the legislature and other bodies such as the judiciary over powers of prosecution in Kenya, was particularly telling.

14. Overall, the two stories point to the need for the board to be aware that it will need to carefully study the political environment and related realities within

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which each national anti-corruption body operates on a case by case basis, to be able to structure appropriate modes of engagement. Importantly also, the drama that has surrounded the Kenyan national anti-corruption experience will suggest that the board may have to tread cautiously, particularly with regard to embracing any enforcement roles. The thrusts of the two presentations and the ensuing discussions were that the Board’s principal focus should be on empowering national anti-corruption bodies in a manner that will enable them play this role.

15. Drawing from the successful Sierra-Leonean experience, the key conditions that need to be considered in ascertaining the independence of national anti-corruption commission or authority will include among others: an appropriate and comprehensive legal framework, to be considered in tandem with the national constitution; independent oversight mechanisms to monitor and investigate misconduct by their officials, as well as to ensure that they play by the rules, including respecting human rights in the course of the discharge of their duties; adequate allocation of financial and human resources as well as the freedom to use these resources without requiring prior consultation and approval from any individual or institution, which could use the disbursement of such resources as a tool to unduly influence the anti-corruption body.

16. Similarly, the personnel of national anti-corruption bodies must be highly qualified, competent and motivated, as well as have the requisite institutional and organizational support. To secure the right caliber of staff, recruitment processes have to be very transparent and based on principles of efficiency, objectivity, integrity and skills. A key defining feature of an independent national anti-corruption agency is the requirement of independence and the ability to engage in its activities effectively and efficiently without undue influence. One first step towards securing independence is through security of tenure, especially of the head of the body, who should ideally, have a fixed term appointment with limited latitude for dismissal by the appointing or other higher authorities, as well as guarantees on remuneration. Finally, although national anti-corruption agencies need to be independent, they are not ‘islands’. Rather, they need to cooperate and engage with relevant stakeholders as well as internalize the fact that the fight against corruption is not any single individual’s or institution’s fight. It is the peoples fight. Therefore, engagement with media, academia, civil society, auditors general, central banks, accountant generals, law enforcement agencies, as well as international organizations and foreign corporations, governments is paramount.

Recommendations

a) The board should clearly articulate what it means to have independent national anti-corruption commissions/authorities, as well as how to go about this in line with Article 5(3) of the AU Convention.

b) It should take adequate measures to facilitate collaboration among heads of national anti-corruption bodies, with the view to encouraging the exchange of ideas and the sharing of best experiences.

c) It should work towards developing a blue print on the operations of foreign corporations on the continent with a view to helping strengthen the capacity and

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ability of national anti-corruption bodies to act against corrupt activities of these corporations at the national level.

d) In working towards strengthening national anti-corruption agencies, the Board’s focus should be on institutions and not individuals.

e) The board should consider undertaking country monitoring missions with a view to verifying and confirming the contents of national reports to the board. Alternatively, it could consider encouraging ‘shadow reporting’ by civil society or better still, the making of such reports public.

f) The Board should work toward introducing principles relating to extradition, confiscation and seizure, mutual legal assistance and international cooperation, which are almost non-existent among many Africa countries in their respective national anti-corruption instruments.

g) The retreat proposed the establishment of a data base of credible African anti-corruption experts who can work with African governments in strengthening their efforts to reduce corruption. The focus on African experts is premised on the Accra Agenda and the Paris Principles on Aid Effectiveness.

h) It was also suggestion that the fight against corruption should necessarily be multi-pronged and broadened, from the current narrow focus on prosecution, to embrace other aspects such as the promotion of education, sensitization, research, cooperation and information sharing, including prioritizing developing and relying on African generated data indexes.

The African Union Advisory Board and anti-corruption mandate opportunities, challenges and prospects 17. This presentation described the over-riding mandate of the board as consisting of

encouraging member states through its advisory role to prevent, eradicate and expunge corruption. It is however not intended as a corruption watch dog. This mandate and the board’s operational environment pose a number of challenges for the Board as well as present it with opportunities and prospects.

18. With regard to challenges, the first derives from its advisory status, which visibly robes it of the powers to investigate and prosecute acts of corruption. It can only work towards advising national anti-corruption institutions to carry out these critical functions. Importantly also, the AU Convention does not apply to international organization like the AU and its RECs. The Board therefore faces the challenge of encouraging the fight against corruption in member states without being able to promote same in the institution within which it is anchored. This is likely to raise questions of legitimacy and moral authority. Another serious challenge facing the board relates to dealing with weak political will among some African states and state leaders in promoting the fight against corruption. It was observed that the AU’s lack of supra-national authority, with the requisite incentive structures to incite compliance, could be a serious constraint on the achievement of the Board’s anti-corruption agenda

Recommendations

a) Encourage the construction of supra-national institutions on the continent. The board was urged to take a lead in efforts to build synergies between sub-regional

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anti-corruption mechanisms and that of the AU, as well as to seek ways and means to tap into the expertise and experience of both the African Commission on Human and Peoples Rights, and the African Court of Justice with regard to assisting in further elaborating the Board’s mandate and accomplishing it.

b) The board should not seek to supplant existing bodies or re-invent the wheel. Rather, it should identify its comparative advantage and position itself as an umbrella/coordinating body that will take a lead in encouraging countries to ratify the AU convention and roll out frameworks for its implementation.

c) It should devise means and strategies to encourage the AU to submit itself to the AU Anti-corruption Convention, as a means of enhancing the legitimacy and moral authority of both the Board and the AU itself. Alternatively, the board should adopt a softer approach over this issue by for example, developing symbolic messages that could be posted at offices of AU organs, as well as organizing training and sensitization events that will involve AU staff.

d) It should proactively work towards creating a role for itself in fighting corruption in international institutions, including within the AU itself and the RECs. This is possible in light especially of the broad manner in which the core functions of members of the board is cast (Article 22), which seems to allow much room for broader rather than narrow interpretation.

e) It should consider establishing a platform for regular dialogue on corruption with

various stakeholders; strive towards strengthening national anti-corruption bodies; put in place a strategic framework to facilitate the effective monitoring and evaluation of the levels of implementation of the AU’s anti-corruption convention by national anti-corruption bodies.

f) It should take steps to acquire visibility, including through show-casing its

activities and establishing a well-resourced website, as well as establishing partnerships with relevant anti-corruption actors across the continent and beyond.

The UN and AU Conventions on corruption: a comparative perspective

19. This presentation focused on a comparison of the UN and AU Conventions on

anti-corruption and demonstrated that Africa is not short of good legal instruments and frameworks. Over certain global issues, Africa has actually had a head start over many regions of the world in the drafting of relevant legal instruments – a good case in point being the Responsibility to Protect (R2P). It was observed that the AU’s Convention on Preventing and Combating Corruption actually pre-dated the UN Convention against corruption. However, that there has been a yeaning gap between Africa’s potentially useful legal instruments and their practical implementation.

20. Three levels of comparison between the AU and UN Conventions were identified: their definition of corruption; their objectives; and jurisdictions. While the two conventions are similar in both their objectives and definition of corruption, the AU Convention is slightly broader by virtue of its inclusion of a strong human security dimension. In the realm of jurisdiction however, the two conventions

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seem to have different strengths, with regard especially to their varying emphasis on certain principles. For example, the UN Convention seems to have more elaborate and useful provisions on the principles of territoriality and nationality, whereas the AU Convention appears to be more innovative with regard to the effect doctrine. Importantly also, the UN Convention is more elaborate on extradition, including on account of multiple crimes. Similarly, the AU is silent on asset recovery, which is addressed by the UN Convention.

21. The presenter also identified a number of implementation issues, including the lack of political will. In this regard, he argued that it would seem the ratification of conventions has simply been a good will gesture, devoid of appreciation of the full content and implications of the provisions or the desire to uphold them. The challenge therefore goes beyond ratification

Recommendations:

a) The Board should seek for ways to tap into some of the areas of strength of the UN Convention and to see how they could be used to further strengthen the AU Convention and the Board’s mandate.

b) It should use its influence to engage African states that have signed the UN Conventions but that are yet to sign that of the AU to impress on them that it is an anomaly that deserves being corrected through the ratification of the AU Convention.

The AU Convention and Sub-regional Protocols (SADC – ECOWAS)

22. Discussion on the seeming lack of cohesions and coordination between the AU anti-corruption convention and the anti-corruption protocols of Africa’s regional economic communities was anchored on ECOWAS and SADC experiences. Like is the case with national anti-corruption institutions, the pace, scope and level of development of anti-corruption legislation varies from REC to REC, with ECOWAS and SADC being seeing as having being the more advanced in this regard. For example, while both the SADC and ECOWAS Conventions seem to share the objective of seeking to adopt measures and policies that will create internal sub-region wide consistency in their respective efforts to fight corruption, they lack cohesiveness in their legal regimes and implementation platforms. Also, while the SADC Protocol has entered into forces, ECOWAS’ is yet to be ratified by the requisite number of member states for it to enter into force.

23. The ECOWAS Protocol has provisions for the protection of witnesses, whereas SADC has not. Although the SADC Protocol has already been adopted, it is seen as being less progressive in comparison with those of the ECOWAS and the AU. For example, while the SADC Protocol has opted for the minimalist approach of only establishing a Committee of States, ECOWAS is looking forward to establishing a sub-regional mechanism, whereas the AU is even more progressive by requiring the establishment of independent national anti-corruption bodies in its member states, plus an advisory board. These different strengths and weaknesses are a basis for the establishment of synergies, complementarities,

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coordination and harmonization among these mechanisms. This unfortunately has not been the case and the board may wish to use its influence and mandate to begin to encourage such a process, with a view especially to aligning the regional mechanisms to the broader AU Convention.

Recommendations:

a) The Board should facilitate and ensure the alignment of regional protocols to the AU convention; as well as encourage the establishment of synergies among sub-regional protocols.

The Judiciary and the AUABC

24. The constitutional transformations that accompanied Africa’s democratization

process of the 1990s, had as a key feature, the promotion of notions of independent and corrupt-free judiciaries. A corrupt judiciary is one of the most serious impediments to any anti-corruption drive. There are well-known and established constitutional provisions for the appointment of judges that are deemed to have the potential to promote independence and curtail corruption. They include: appointment processes, security of tenure, administrative independence and financial independence. A number of African judiciary systems also have codes of conduct and strategic plans that speak to issues relating to values of integrity. National judiciaries have a number of roles to play in the prevention and combating of corruption, including: the use of a human rights approach to draw attention to the severity of corruption; the use of litigation as a tool to educate and raise public awareness through publicity of high profile cases; and establishing norms for the collection of evidence and in investigation techniques for the proper conduct of investigation by national anti-corruption bodies. Importantly also, at the level, regional courts have a role in the interpretation of anti-corruption instruments.

25. However, judiciaries in Africa face numerous challenges that weaken their ability to fully play their role in the battle against corruption. This include among others: lack of commitment of resources for anti-corruption activities; lack of resources, skills and capacity to grapple with complex cases, including those involving off-shore resources, as well as skills for gathering evidence; lack of inter-institutional coordination and clear focus of objectives; flaws in or interference with the constitution; and political interference with the judiciary or with judicial processes among others.

Recommendations:

a) The Board should follow-up on the development and harmonization of codes of conduct for public officers, including through liaising with African countries’ judiciaries which have already established such codes. Similar action should be taken with regard to country’s whose judiciaries have established strategic plans;

b) The Board may want to encourage research that will enable it to establish

variations in legislation across the continent; identify and document best

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practices; and monitor local bar associations with a view to collate relevant judgments that are issued in courts as a means of understanding trends;

c) The Board should document best practices on judiciary independence and urge

state parties to adopt them Corruption as a violation of the right to sustainable development in Africa

26. There are identifiable linkages between corruption, human rights and sustainable development. Not only does corruption impact directly on the right to sustainable development, it is a serious human right violation, particularly the right to sustainable development. As a result, a human rights approach to the fight against corruption, which treats corruption as a systemic rather than individuals’ problems have huge potentials in contributing to the success of the fight against corruption important. Anti-corruption strategies can therefore benefit from, as well as be informed by key principles of human rights, including the imperative to safeguard human rights even in the course of fighting corruption. Oftentimes, anti-corruption agencies and law enforcement authorities do overlook the potential conflict between anti-corruption policies and techniques on the one hand and the principles of human rights on the other hand. It is therefore important to identify the types of anti-corruption policies and techniques that have a potential to lead to human rights violations. Anti-corruption measures should at all times be compatible with human rights principles and should not adversely affect the rights of those involved, including the perpetrators, witnesses, whistle-blowers and anti corruption activists.

Recommendations

a) The Board should, in accordance with article 22(5) g) of the AU convention on preventing and combating corruption in Africa, take necessary steps to: (i) establish partnership with relevant regional human rights institutions on the continent, particularly the AfCHP (on cases on corruption before the court), with a view to tapping into the expertise and experience of these bodies for use in the fight against corruption; and (ii) enhance collaboration with the UNOHCHR and the UNODC.

b) The Board should establish a working group on anti-corruption at the session of the African Commission on Human and Peoples Rights in order to use the platform to further mobilize on the anti-corruption drive in Africa.

Civil Society Mobilization and anti-corruption

27. Civil society should not be perceived as being in competition with governments, rather it should be seen as complementing them, including in the critical area of fighting corruption. In this particular regard, the mobilization of civil society is critical in that it increases collective clout and legitimacy. Interestingly, successful civil society mobilization has been diverse, including in the passing of important legislations. Moreover, many civil societies have partnered with government departments to expose and sanction corruption in certain sectors, including in monitoring teachers and doctors for absenteeism. They have also produced useful

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reports that have been shared with and used by relevant stakeholders and that have proven useful in engendering positive change.

28. Civil society has however continued to face a number of serious challenges, including the lack of enabling environments, corruption within its ranks; and the drying up of sources of funding among others.

Recommendations

a) AUABC should adopt a multi-stakeholders’ approach to validate it country reports on implementation of AU Convention on the Prevention of Corruption.

b) The board should consider tapping into the capacities and data basis of CSOs to facilitate its work, including making use of CSOs outstanding public education awareness creation capabilities.

c) The Board should consider institutionalizing an African Anti-corruption Week, which should be timed to coincide with the UN Anti-corruption Day (NB: Discussion on this point wasn’t conclusive. It was resolved that the Board should examine the proposal and provide an appropriate formulation).

The Media and Anti-corruption

29. The media’s influence of public opinion is phenomenal and it can be a strategic partner in the fight against corruption because of its ability to expose corrupt activities, as well as enlighten the populace on the evils of the scourge. The war against corruption can be won through the participation of ordinary people and the media is in a unique position to mobilize them. However, the media is a double edged sword, in that inasmuch as it can mobilize public opinion for good causes, it has also has the potential to become a tool for destabilizing societies. It is also not completely shielded from corruption, including being used by powerful actors in society to advance their personal agendas.

Recommendations

a) The AUABC should get to know and engage the media, consider bringing relevant editors together for mutually beneficial collaboration in the fight against corruption

b) The Board promote citizens Journalism by creating an interactive website, where African citizens can directly interact with it and other anti-corruption stakeholders

c) Board should consider developing a smaller version of the AU Convention on the Prevention of Corruption that could be posted on face book and other social media outlets.

Forging Partnerships in fighting corruption

30. The most important and strategic partnership that can be forged against corruption is with the African citizenry, either as individuals or as groups. Partnerships need not necessarily be extra-continental as has been construed in the past, and informed by the faulty notion that corruption was essentially an African disease,

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whose cure could only be achieved by relying on external remedies. Hence the emphasis on donor partnerships. It is however, useful to properly understand what the root causes of corruption in Africa are to be able to determine the kinds of partnerships that can be forged in the fight against corruption. Whatever kinds of partnerships are established however, African citizens have to constitute the main anchorage.

Recommendations

a) In establishing partnerships, there is need for the board to develop and agree on a template of principles for partnerships to determine which ones will advance its objectives, those of the AU and the broader continent and its peoples; and those that have a potential to derail them.

b) Secondly, the board will need to develop a menu of needs in the fight against corruption, on the basis of which it will be able to determine what institutional capacities are available or should be developed to facilitate achieving its objectives and mandate.

c) The board should have bilateral conversations with other AU organs/institutions that have crafted partnerships such as the AUPSC on the Livingstone Process; or observer status for civil society, and the African Commission on Human and Peoples Rights.

Combating corruption in the Private sector

31. The presentation set out to use the experience of ‘Business Action Against Corruption’ (BAAC) on the continent to showcase possibilities for partnership between the Board and the private sector in the fight against corruption. Although corruption is a global phenomenon, Africa has been particularly vulnerable to it and the private sector has been involved over the years in efforts to promote transparency and accountability across the continent. It has for example developed corporate governance norms and principles for itself. Opportunities for private sector’s engagement with the Board include: cross-pollination of ideas and knowledge, information sharing, skills development, and mainstreaming the experience of Board members. Also, private sector initiatives can support the Board’s mandate and strategy.

Recommendations:

a) The Board should not only pay attention to the public sector but should also reach out to the private sector.

b) It should promote platforms for collective multi-stakeholder action against

corruption that involves joint efforts by the private sector, the public sector and civil society.

c) Different private sector initiatives in Africa on addressing the problem of corruption

including that of the BAAC on “Benchmarking anti-corruption in Africa,” should be supported by the Board.

Corruption and Illicit Capital Flight

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32. There has been growing interest in the issue of illicit financial flows as evidenced by the number of initiatives and institutional frameworks that have emerged around it. This interest has been informed by a combination of factors, including the obvious and not too obvious intersections between illicit financial flows and corruption; and the attendant impact on tax revenues and national development. It has also derived from the increasing knowledge of the scary scale of the phenomenon; the increasing centrality of the role of domestic resource mobilization, particularly taxation for development.

33. Illicit financial flows are a critical aspect of the international dimensions of corruption and impacts negatively on investment and business ethics. It involves a complex web of players, operates in intricate ways and encompasses the full market for corruption, with its demand, supply, intermediary and regulatory sides, and involving countries across borders. It is driven by both structural and institutional factors and raises a number of issues that are relevant to the fight against corruption on the continent generally and the work of the board in particular. These include: constitutional issues and codes of conduct; banking sector regulation, equitable taxation, collective African positions on regulation of tax havens and secrecy jurisdiction and automatic exchange of tax information.

Recommendations

(a) The initiatives of the ECA and the AUC on curbing illicit financial flows from Africa should be actively supported;

(b) The Board should be mainstreamed in the illicit financial flows agenda may be considered by the ECA and the AUC to serve on the High Level Panel on illicit financial flows being established;

(c) A multi-dimensional approach should be adopted in addressing the problem of illicit financial flows;

(d) Africa’s development partners, international organizations and Western countries must take urgent steps to address the problem of illicit financial flows from Africa and cooperate with African countries in doing so.

The Regional anti-corruption Programme

34. The last presentation was on the ‘Regional anti-corruption Programme’ put together by the ECA in collaboration with the AUABC. The presentation took participants through the various components of what was acknowledged as a very comprehensive, well-thought-out and well-written document with a lot of potential to add value and make a difference in Africa’s fight against corruption. The background to the development of the programme was given, as well as the methodology and strategies for its implementation, including forging partnerships with various actors and role player on the continent working on anti-corruption question. It was intimated that part of the rational for the programme was to enable Africans tell their own story about this very serious issue..

35. A number of issues were raised, including the value addition and feasibility of establishing a model anti-corruption legislation for Africa, which is one of the key components of the programme. Discussions took place on this and appropriate clarifications were given.

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36. The Chair of the AUABC pointed out that although the programme document

stipulates that it is a product of collaborative efforts between the GPAD-ECA and the Board, it is useful to recognize and commend the ECA for its leading role in crafting it. . She was very impressed with the document and observed that a number of activities contained in it resonate with key aspects of the AUAB’s work plan. She therefore promised that the Board will carefully examine the programme and formally make its own inputs and suggestion at its Thursday and Friday Statutory meetings. She added that there will be need for some harmonization and also that there are certain aspects of the programme that lend themselves to the Board taking a lead in the execution.

Recommendations

1) Participants at the retreat were very pleased with the draft Regional Anti-corruption Programme for Africa and encouraged the Board to work towards adopting and implementing it.

III. Adoption of retreat report and closing remarks

37. The second half of the last day of the retreat was dedicated to the examination and adoption of the report of the retreat and to closing remarks. The report was presented by Francis Ikome on behalf of the ECA-AU-ABC Secretariat drafting team. Various aspects of the report were reviewed and some comments and suggestions were made on some portions of the report. Overall, the report was commended as being well-written and as reflecting the various presentations and deliberations during the first three days of the retreat. The report was unanimously adopted with directives to the drafting team to capture the major comments and concrete proposals that came from the floor.

38. The adoption of the report was followed by the closing remarks of the Chair of the AUABC. On behalf of fellow Board Members, the Chair of the Board extended . profound gratitude and appreciation to all those who had worked so hard to make the retreat the huge success that it was. She indicated that the exchanges and interaction during the retreat were both visionary and inspirational. The Chair admonished that the new spirit and visionary ideas instilled in the board by the retreat places it in a good stead to better manage the various challenges that it faces and to successfully accomplish its mandate. She promised that the board shall never be the same again and relished the opportunity for another interactive gathering in the near future, where the Board will share the story of the progress it was able to make because of the lessons learned at this retreat.

39. The Chair then proceeded to announce that the Board had wholeheartedly and unanimously adopted the Regional Anti-Corruption Programme for Africa that had been presented to it. She described the ECA as a committed partner,

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alongside others such as the Swedish government and expressed confidence that with such partners, the war against corruption will be won.

40. On behalf of ECA, Mr. Said Adejumobi thanked all participants and expressed satisfaction that the objectives set for the meeting had been fulfilled. He added that the ECA is looking forward to further fruitful collaboration with the Board and other partners. He thanked the Board members for their presence and active participation at the retreat, which is a practical demonstration of their unalloyed commitment to the fight against corruption in Africa. He joined the Board Chair in thanking everyone present including the Resources persons of the Retreat.

41. The Chair concluded by wishing all participants a safe return to their respective abodes.

.

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ANNEXE 1: Programme

Day One

8.00am -9.30am

Registration of Participants

9.30am- 10.30am

Opening Ceremony

Welcome Remarks by the Chair AU Advisory Board on Corruption - Mrs. Julie Onum- Nwariaku Remarks by Director, GPAD-UNECA- Abdalla Hamdok Objectives of the Retreat- Said Adejumobi Comments by Partners: - Swedish Embassy, Addis - UNODC - UNDP Millennium Goals Campaign - BAAC - OSI

10.30- 11. 00 am

Group Photograph and Coffee Break

11.00- 12.30pm

First Session

Combating Corruption in Africa: Challenges and Policy Options

- Micheal Chege Corruption and Governance in Africa: Findings from the African Governance Report (AGR) - Said Adejumobi General Discussion

12.30- 2.00pm

Lunch Break

2.00pm Second Session

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– 3.30pm

The AU Advisory Board and Anti-Corruption Mandate in Africa: Opportunities, Challenges and Prospects - Ademola Abass The UN and AU Conventions on Corruption: Comparison, Lessons and Implementation Issues

- Ademola Abass Towards Effective Delivery of the Reporting Responsibility of the AU Advisory Board on Corruption - Oliver Stolphe General Discussion

3.30pm- 4.00pm

Coffee Break

4.00pm Close of Day I

DAY II

9.30am- 11.00am

Third Session Supporting National Anti-Corruption Institutions in Africa: options and Strategies for the AU Advisory Board on Corruption - Abdul Tijane Cole Experience and Challenges of the Kenyan Anti-Corruption - Okong’o Omogeni

The AU Convention and the ECOWAS and SADC Protocols on Corruption: A Comparison - Chaloka Beyani General Discussion

11.0am- 11.30am

Coffee Break

11.30- Fourth Session

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12.30pm The Judiciary and Anti-Corruption Crusade in Africa: Engaging the AU Advisory Board on Corruption - Justice Charles Mkadawire Corruption as a Human Rights Issue: The Human Rights Community and Anti-Corruption Crusade in Africa - Chaafi Bakary General Discussion

12.30- 2.00pm

Lunch Break

2.00pm- 4.00pm

Fifth Session

Civil Society Mobilization and Anti-Corruption Campaign in Africa - Ms. Grace Florence Dennis Civil Society and Anti-Corruption in Africa: Perspectives from Transparency International - Reuben Lifuka The Media and Anti-Corruption in Africa: Engaging the AU Advisory Board - Anver Versi Forging Partnerships in fighting Corruption in Africa - Adebayo Olukoshi General Discussion

4.00pm - 4.30pm

Coffee Break

4.00pm Close of Day II

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DAY III 9.30am- 10.30am

Sixth Session Combating Corruption in the Private Sector in Africa: The Initiative of the Business Action Against Corruption (BAAC) - Mr. Tagbo G. Agbazue Corruption and Illicit Financial Flows in Africa: Challenges and Policy Implications. - Charles Abugre Akelyira General Discussion

10.30-am-11.00am

Coffee Break

11.00am- 1.00pm

Consideration of the Regional Anti-Corruption Programme General Discussion

1.00pm- 3.00pm

Lunch Break

Close of Day III

DAY IV

9.30am -4.00pm

Closed Session for Board Meeting

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DAY V

9.30am -12.00am

Closed Session of Board Meeting Continues

12.00-2.00pm

Lunch Break

2.00pm- 3.00pm

Consideration of Draft Report of Retreat

3.00pm- 3.30pm

Closing Ceremony for Retreat

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Annex 2: List of participants 1. Mr. Nabil Hattali Member of AU Advisory Board on Corruption Vice President du Conseil Consultative de l’Union Africaine sur la corruption Charge de mission a la Presidence de la Republique d’Algerie Algiers, Algeria Tel: 00 213 21661550825, 00 213 216 61550825 E-mail: [email protected] 2. Prof. Ademola Abass Professor of Law Head of Peace and Security Programme and Research Fellow United Nations University Institute for Comparative Regional Integration Studies Potterierei 72, 8000, Brugge Brugge, Belgium Tel: 325 0471102, 0032 4924 94538, 3250 471309 E-mail: [email protected] 3. Mr. Leonidas Havyarimana Member of AU Advisory board on corruption Bujumbura, Q Kibenga, Roaeshi Avenue Bujumbura, Burundi E-mail: [email protected] 4. Dr. Chaloka Beyani Senior Lecturer in International Law Faculty of Law London School of Economic and Political Science WC2 2AE London, England E-mail: [email protected]; [email protected]

5. Mr. Anver Versi Editor African Business Magazine 6 Chauncey Avenue, Potters Bar, herts, EN6 5LE London, England Tel: 00 44 (0) 207713 7711; 0045 39 61 9668 (Denmark) E-mail: [email protected] 6. Ms. Wiveca Holmgren Anti-Corruption Advisor Embassy of Sweden Addis Ababa, Ethiopia Tel: 251 11 518 00 00, 251 911 200 695 E-mail: [email protected] 7. Mr. Chafi Bakari UN OHCHR 1NC5 ECA new Building Addis Ababa, Ethiopia Tel: 251 92211 27 97 E-mail; [email protected] 8. Dr. Tony Aidoo Member of AU Advisory board on corruption Office of the President, Republic of Ghana Accra, Ghana E-mail: [email protected] 9. Ms. Florence Dennis Executive Secretary Ghana Anti-Corruption Coalition P. O. Box GP 17921 Accra, Ghana Tel: 233 302 230483, 233 244 991677 E-mail: [email protected] 10. Ms. Dorothy Angote-Muya Member of AU Advisory Board on Corruption P.O.Box 76642-00508 Nairobi, Kenya Tel: 254 72252828230 E-mail: [email protected]

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11. Mr. Michael Chege Advisor Kenya Government Treasury Treasury Building P. O. Box 3001-00800 Nairobi, Kenya Tel: 254 224 1181, 0721 921156 E-mail: [email protected], [email protected] 12. Mr. Charles Abugre Regional Director UN Millennium Development Campaign UNDP Gigiri Nairobi, Kenya Tel: 254 725866508 E-mail: [email protected] 13. Mr. Okong'O Omogeni Chairman Kenya Anti-Corruption Advisory Board Nairobi, Kenya Tel: 254 722 516830 E-mail: [email protected] 14. Ms. Achieng Nkena Policy Analyst Open Society Initiative for Eastern Africa (OSEA) AU Advocacy Programme P.O.Box 2193-00202 Nairobi 00202, Kenya Tel: 254 20 3877508, 254 726 744 864 E-mail: [email protected] 15. Justice Dr. Jane Ansah Judge Judiciary Member of AU Advisory board on corruption Malawi Supreme court of appeal Box 30244 Chichiri Blantyre Blantyre, Malawi Tel: 265 999 510 475 E-mail: [email protected]

16. Mr. M'Pèrè Diarra Member of AU Advisory board on corruption Avocat general pour la preme du Mali Bamako, Mali Tel: 223 66754576 E-mail: [email protected] 17. Hon. Justice Charles

Mkandawire Registrar, SADC Tribunal SADC Windhoek, Namibia Tel: 264 813232920, 264 61 383600, 264 813232926 E-mail: [email protected] 18. Mrs. Julie Onum-Nwariaku Chair AU Advisory board on corruption Abuja, Nigeria E-mail: [email protected] 19. Mrs. Henriette Diop Tall Member of AU Advisory board on corruption Dakar, Senegal Tel: 77 637 91 72 E-mail: [email protected] 20. Mr. Abdul Tejan-Cole Open Society Institute (OSI) Dakar, Senegal Tel: 221 776391892, 1917226342 E-mail: [email protected] 21. Prof. Adebayo Olukoshi Director IDEP Dakar, Senegal

Tel: 221776586197 E-mail: [email protected]

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22. Mr. Tagbo G. Agbazue Programme Manager Business Action Against Corruption No. 1 Melrose Boulevard/2nd Floor/Unit 17 Melros Arch, Postal Code 2196 Johannesburg, South Africa Tel: 27 11 252 1913, 27 11 252 1900, 27 (0) 83721 7320, 27 83 721 7320 E-mail: [email protected] 23. Dr. Edward Gamaya Hoseah Rappaurter to the Board AU Advisory Board on Corruption P.O.Box 4865 Dar es Salaam, Tanzania Tel: 255 764888000 E-mail: [email protected] 24. Ms. Erica Razook Associate Legal Officer Anticorruption Program Open Society Justice Initiative 400 West 59th Street New York, USA Tel: 1 212 548 0341 E-mail: [email protected] Secretariat 25. Mr. Said Adejumobi Chief, Public Administration Section Governance and Public Administration Division United Nations Economic Commission for Africa P.O. Box 3001 Addis Ababa, Ethiopia Tel: 251 115 445495 E-mail: [email protected] 26. Dr. Adolphe Lawson Executive Secretary Advisory board on corruption African Union Commission Addis Ababa, Ethiopia Tel: 251 910 833 729 E-mail: [email protected]; [email protected] 27. Mr. John Gbodi Ikubaje

Senior Governance Officer AU Advisory board on corruption African Union (AU) Addis Ababa, Ethiopia Tel: 251 92 3208041, 251 923 2080 E-mail: [email protected] 28. Mr. Francis Ikome Governance and Public Administration officer Public Administration Section Governance and Public Administration Division United Nations Economic Commission for Africa P. O. Box 3001 Addis Ababa, Ethiopia Tel: 251 115 443425 E-mail: [email protected] 29. Ms. Kankemwa Zakariya Administrative Assistant AU Advisory board on corruption African Union Commission Addis Ababa, Ethiopia Tel: 251 912 062324 E-mail: [email protected] 30. Ms. Rebecca Benyam Staff Assistant Governance and Public Administration Division United Nations Economic Commission for Africa P. O. Box 3001 Addis Ababa, Ethiopia Tel: 251 115 443322 E-mail: [email protected] 31. Ms. Jane Likimani Democratic Governance Unit UNDP Kenya Gigiri Nairobi, Kenya Tel: 254 20-762 4475, 254 721 427 987 E-mail: [email protected]