Is Uganda Committed To Fighting Corruption?
Jan 21, 2004
In December 2003, Uganda joined over 125 countries at the United Nations Convention Against Corruption, during a three-day conference that took place in Merida, Mexico.
In December 2003, Uganda joined over 125 countries at the United Nations Convention Against Corruption, during a three-day conference that took place in Merida, Mexico. The Convention, whose efforts to create started in the year 2000, aims at promoting and strengthening measures to prevent and combat corruption more efficiently and effectively. It also target to facilitate and support international cooperation and technical assistance in the prevention of and fight against corruption, including asset recovery.
The Convention further seeks to promote integrity, accountability and proper management of public affairs and public property. Ethics and Integrity Minister Tim Lwanga signed on behalf of Uganda. But, what are the salient features of the convention and what does it mean for Uganda to subscribe to it?
Chapter two of the Convention addresses measures to prevent corruption.
They include the establishment of anti-corruption bodies and enhanced transparency in the financing of election campaigns and political parties, addressing both the public and private sectors.
Requirements are also established for the prevention of corruption in the judiciary and in public procurement.
The Convention calls on countries to actively promote the involvement of non-governmental and community based organisations, as well as other elements of civil society, to raise public awareness of corruption. Article 14 calls for establishment of measures to prevent money laundering.
It states: “Each state party shall institute a comprehensive domestic regulatory and supervisory regime for banks and non-bank financial institutions, in order to deter and detect all forms of money-laundering, emphasising customer identification, record keeping and the reporting of suspicious transactionâ€
Chapter three deals with criminalisation of acts of corruption and law enforcement.
Countries that are party to the Convention are required to establish in their domestic legislation, criminal and other offenses to cover a wide range of acts of corruption.
This includes not only basic forms of corruption, such as bribery and the embezzlement of public funds, but also trading in influence and the concealment and “laundering†of the proceeds of corruption. Article 20 addresses the issue of “illicit enrichment†and states: “Subject to its constitution and the fundamental principles of its legal system, each state party shall consider adopting such legislative and other measures as my be necessary to establish as a criminal offence, when committed intentionally, illicit enrichment, that is, a significant increase in the assets of a public official that he/she cannot reasonably explain in relation to his or her lawful income.â€
The Convention also calls for state parties to establish witness protection programmes so that willing witnesses are not intimidated.
Mechanisms for international cooperation form Chapter four of the convention.
Here, state parties are required to cooperate in the fight against corruption, including prevention and investigation activities, and the prosecution of offenders. Countries must also undertake measures to support the tracing, freezing, seizure and confiscation of the proceeds of corruption.
Chapter five concerns asset recovery. This is an important issue for many developing countries where high-level corruption has plundered the national wealth, and where resources are badly needed for reconstruction and the rehabilitation of societies under new governments.
Measures established include the prevention and detection of transfers of illicitly acquired assets, the recovery of property, and the return and disposition of assets even where more that one sovereign state is involved.
In these mechanisms, countries such as DR Congo and Nigeria will be able to recover the money that was stolen from its coffers by its past leaders.
The Convention needs 30 ratifications to come into force.
Although 97 countries have already signed the Convention, only one, Kenya, has ratified it. Signing is an expression of interest in the treaty, but the country does not become bound by the provisions of the treaty until it ratifies it by submitting its instruments of ratification. Uganda is yet to do this.Ends
The Convention further seeks to promote integrity, accountability and proper management of public affairs and public property. Ethics and Integrity Minister Tim Lwanga signed on behalf of Uganda. But, what are the salient features of the convention and what does it mean for Uganda to subscribe to it?
Chapter two of the Convention addresses measures to prevent corruption.
They include the establishment of anti-corruption bodies and enhanced transparency in the financing of election campaigns and political parties, addressing both the public and private sectors.
Requirements are also established for the prevention of corruption in the judiciary and in public procurement.
The Convention calls on countries to actively promote the involvement of non-governmental and community based organisations, as well as other elements of civil society, to raise public awareness of corruption. Article 14 calls for establishment of measures to prevent money laundering.
It states: “Each state party shall institute a comprehensive domestic regulatory and supervisory regime for banks and non-bank financial institutions, in order to deter and detect all forms of money-laundering, emphasising customer identification, record keeping and the reporting of suspicious transactionâ€
Chapter three deals with criminalisation of acts of corruption and law enforcement.
Countries that are party to the Convention are required to establish in their domestic legislation, criminal and other offenses to cover a wide range of acts of corruption.
This includes not only basic forms of corruption, such as bribery and the embezzlement of public funds, but also trading in influence and the concealment and “laundering†of the proceeds of corruption. Article 20 addresses the issue of “illicit enrichment†and states: “Subject to its constitution and the fundamental principles of its legal system, each state party shall consider adopting such legislative and other measures as my be necessary to establish as a criminal offence, when committed intentionally, illicit enrichment, that is, a significant increase in the assets of a public official that he/she cannot reasonably explain in relation to his or her lawful income.â€
The Convention also calls for state parties to establish witness protection programmes so that willing witnesses are not intimidated.
Mechanisms for international cooperation form Chapter four of the convention.
Here, state parties are required to cooperate in the fight against corruption, including prevention and investigation activities, and the prosecution of offenders. Countries must also undertake measures to support the tracing, freezing, seizure and confiscation of the proceeds of corruption.
Chapter five concerns asset recovery. This is an important issue for many developing countries where high-level corruption has plundered the national wealth, and where resources are badly needed for reconstruction and the rehabilitation of societies under new governments.
Measures established include the prevention and detection of transfers of illicitly acquired assets, the recovery of property, and the return and disposition of assets even where more that one sovereign state is involved.
In these mechanisms, countries such as DR Congo and Nigeria will be able to recover the money that was stolen from its coffers by its past leaders.
The Convention needs 30 ratifications to come into force.
Although 97 countries have already signed the Convention, only one, Kenya, has ratified it. Signing is an expression of interest in the treaty, but the country does not become bound by the provisions of the treaty until it ratifies it by submitting its instruments of ratification. Uganda is yet to do this.Ends