African Union efforts in Combatting
Corruption: Achievements, Challenges and
Opportunities
Introduction
The Member States of the African Union adopted the African Union Convention on Preventing and Combating Corruption (The
Convention) at the Second Ordinary Session of the Assembly of the Union, held in Maputo (Mozambique), on 11th July 2003.
The Convention entered into force on 5th August 2006, thirty (30)m days after the deposit of the fifteenth (15th) instrument of
ratification. To date thirty-eight (38) countries have ratified the Convention and are States Parties to it.
Objectives of The Convention
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.
Principles of the Convention
1. Respect for democratic principles and institutions, popular participation, the rule of law and good governance.
2. Respect for human and peoples’ rights in accordance with the African Charter on Human and Peoples Rights and other relevant human rights instruments.
3. Transparency and accountability in the management of public affairs.
4. Promotion of social justice to ensure balanced socio-economic development.
5. Condemnation and rejection of acts of corruption, related offences and impunity
Scope of the Convention
This Convention is applicable to the following acts of corruption and related offences:
the solicitation or acceptance of any goods of monetary value the offering or granting of any goods of monetary value
Act or omission in the discharge of duties abuse of office Illicit enrichment the use or concealment of proceeds derived from any of the acts referred to in this Article; paticipation as a principal, co-principal, agent, instigator, accomplice or accessory after the fact, or on any other manner in the commission or attempted commission of, in any collaboration or conspiracy to commit, any of the acts referred to in this article.
What is expected of Member States
Adopt and strengthen mechanisms for promoting the education of populations to respect the public good and public interest, and awareness in the fight against corruption and related offences, including school educational programmes and sensitization of the media, and the promotion of an enabling environment for the respect of ethics.
Status of Implementation of the
Convention
However, only 38 counties have ratified the convention, while 17 countries are yet to do so. These countries are:
Status of Implementation
To date (from questionnaires sent in 2015) the Board has received 13 state reports from
1. Burkina Faso
2. Comoros
3. Ethiopia
4. Kenya
5. Madagascar
6. Namibia
7. Nigeria
8. Rwanda
9. Sierra Leone
10. Tanzania
11. Togo
12. Uganda
13. Zimbabwe
Achievements in the fight against corruption
The analysis of the reports also reveals that strides have been made in the
following areas;
Achievements in the Fight against Corruption
Challenges in the Implementation of the Convention
Status of Implementation of the Convention
Challenges
Opportunities
African anti Corruption year has provided a platform for deeper engagement on anticorruption issues
Advocacy by key stakeholders (such as CSO etc) for ratification, effective domestication and implementation of the Convention;
Closer collaboration within monitoring of actual implementation on the ground; area of impact of corruption on women could be an area to research on and advocate for tougher measures to punish
Joint research on pertinent issues of the Convention to guide policy actions; e.g. mainstreaming of gender in the fight against corruption
Conclusion
The need for State Parties to continue implementing and complying to the provisions of the Convention;
Need to build stronger accountability institutions that are independent is critical. These will in turn ensure the implementation of various provision
of the Convention
Honourable Sabina Seja