Stocktaking of business integrity and anti-bribery legislation, policies and practices in twenty African countries : OECD-AfDB Joint Initiative to Support Business Integrity and Anti-Bribery Efforts in Africa

Foreword Table of contents Abbreviations Executive summary Introduction Chapter 1. International and African regional initiatives to combat bribery of public officials in business transactions 1. Introduction 2. International initiatives a) The Organisation for Economic Cooperation and Development (OECD) i) The OECD Anti-Bribery Convention ii) Other OECD instruments and initiatives b) The United Nations i) The United Nations Office on Drugs and Crimes (UNODC) and the Convention against Corruption (UNCAC) ii) The United Nations Development Programme (UNDP) iii) United Nations Economic Commission for Africa (UNECA) iv) Other United Nations initiatives c) The World Bank 3. African Regional initiatives a) The African Development Bank (AfDB) b) The African Union i) African Union Convention on preventing and combating corruption (AUC) ii) The New Partnership for Africa’s Development (NEPAD) and the African Peer Review Mechanism (APRM) c) The Southern African Development Community (SADC) Protocol Against Corruption d) The Economic Community of West African States (ECOWAS) Protocol Against Corruption e) The East African Community (EAC) draft Protocol on Preventing and Combating Corruption 4. Main trends and areas for further development Summary of the OECD Anti-Bribery Convention, UNCAC and the AUC Overview of the Anti-Bribery instruments covered by the present Chapter and that are in force and their status of ratification in the twenty African countries Notes Chapter 2. Bribery and related offences 1. Introduction: Prohibiting bribery of public officials in business transactions 2. Criminalisation of bribery a) Active domestic bribery of public officials Table 2.1. Overview of the criminalisation of bribery in the twenty African countries b) Passive domestic bribery of public officials c) Bribery of foreign public officials in international business transactions i) Madagascar ii) South Africa iii) Tanzania d) Definition of “Bribe” e) Definition of “Public Official” and “Foreign Public Official” i) “Public Official” ii) “Foreign Public Official” f) Liability of legal persons g) Sanctions Table 2.2. Overview of sanctions for bribery Table 2.3. Countries with sanctions of debarment or blacklisting from public procurement 3. Related offences a) Trading in influence b) Illicit enrichment Table 2.4. Countries with illicit enrichment offences 4. Main trends and areas for further development Notes Chapter 3. Prevention, detection, investigation and prosecution of bribery 1. Introduction 2. The role of specialised anti-corruption agencies a) Overview of models b) The establishment of anti-corruption agencies in the twenty African countries and other relevant bodies Table 3.1. Overview of anti-corruption agencies established in the twenty African countries c) Role as educators and trainers 3. Whistleblower protection a) South Africa b) Ghana c) Malawi d) Mozambique e) Sierra Leone f) Uganda 4. Disclosure of income and assets of public officials Table 3.2. Countries with income declaration laws 5. Fighting bribery in business transactions by improving public procurement 6. Fighting bribery through the recovery and return of proceeds of corruption a) Asset recovery provisions under the UNCAC, AUC and OECD Anti-Bribery Convention i) United Nations Convention Against Corruption (UNCAC) ii) African Union Convention on Preventing and Combating Corruption (AUC) iii) OECD Anti-Bribery Convention b) Overview of asset recovery mechanisms in selected countries Table 3.3. Asset recovery mechanisms in selected countries i) Asset recovery case example: Nigeria30 c) Main obstacles 7. Fighting bribery by making bribery a predicate offence to money laundering Table 3.4. Anti-money laundering legislation in the twenty African countries 8. Other mechanisms for preventing and detecting bribery a) Hotlines b) Reporting in the context of an anti-money laundering regime c) Reports from business d) Reports from civil society and the media 9. Investigation and prosecution: specialised anti-corruption agencies with investigative and/or prosecutorial powers 10. Inter-agency cooperation in the investigation and prosecution of bribery 11. Statistics 12. Main trends and areas for further development Notes Chapter 4. Business integrity 1. Introduction: The role of business in promoting business integrity and preventing bribery 2. Accounting and auditing standards a) OECD Anti-Bribery Convention accounting and auditing standards requirements b) UNCAC accounting and auditing standards requirements c) Internationally accepted Accounting and Auditing Standards d) Overview of the accounting and auditing standards in the twenty African countries studied e) Main trends and areas for further development 3. Promotion of standards for corporate integrity a) Global and regional initiatives i) OECD Guidelines for Multinational Enterprises ii) International Chamber of Commerce tools iii) United Nations Global Compact (UNGC) iv) Transparency International’s Business Principles for Countering Bribery v) Business Action against Corruption (BAAC) b) Local codes of conduct i) Ghana Business Code ii) Malawi’s Business Code of Conduct for Combating Corruption iii) Mozambique’s Business Against Corruption Toolkit iv) Nigeria’s Convention on Business Integrity c) National chambers of commerce d) Sector-specific initiatives i) Extractive Industries Transparency Initiative ii) Other initiatives 4. Main trends and areas for further development Notes Chapter 5. Participation of civil society and the role of the media 1. Introduction 2. The role of Civil Society Organisations a) Raising public awareness against bribery through various means b) Engaging with business, government and other stakeholders 3. The role of the media a) Freedom of expression b) Access to information i) South Africa ii) Uganda iii) Kenya iv) Countries contemplating access to information legislation c) Use of Internet as a communication tool 4. Main trends and areas for further development Notes Chapter 6. Recommendations Recommendation I.: Strengthening anti-bribery legislation Recommendation II.: Strengthening the effective implementation of anti-bribery and related laws; promote co-operation across agencies; and increasing resources for the investigation and prosecution of bribery of public officials. Recommendation III.: Strengthening awareness of anti-bribery laws in government departments, agencies and other institutions Recommendation IV.: Strengthening means of detecting and reporting bribery of public officials Recommendation V.: Strengthening business integrity and accountability Recommendation VI.: Promoting the involvement of the public, civil society and the media Annex A. Status of ratifications of OECD Anti-Bribery Convention, African Union Anti-Corruption Convention, and UNCAC by the twenty African Countries Annex B. Details on international and African regional initiatives to combat bribery of public officials Notes Annex C. Criminalisation of bribery and public procurement laws: Relevant laws and applicable provisions in the twenty African countries Notes Annex D. The establishment of specialised anti-corruption agencies and other relevant bodies in the twenty African countries Notes Annex E. Accounting and auditing standards in the twenty African countries Notes This book features the results of a stocktaking exercise of business integrity and anti-bribery policies for 20 countries in Africa. It is the result of a collaborative initiative between OECD and the African Development Bank. Countries covered include Benin, Burkina Faso, Cameroon, Ethiopia, Ghana, Kenya, Madagascar, Malawi, Mali, Mauritania, Mozambique, Niger, Nigeria, Rwanda, Senegal, Sierra Leone, South Africa, Tanzania, Uganda and Zambia