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U4 helpdesk replyIn Part I you will find a summary report on West Africa from TI's Global Corruption Report 2003. It is worthwhile reading through the whole summary. However, the paragraphs specifically referring to any of the five countries on which you requested corruption and governance information are underlined throughout the text for your convenience. In Part II you will find summary of attached reports/links on corruption/governance as related to the individual countries in question. Part I. Summary Report on West Africa (from TI Global Corruption
Report 2003) Overview Part of the problem may lie in the fact that anti-corruption institutions are often established to appease international actors, while governments endeavour not to alienate political allies at home through anti-corruption crackdowns. West African countries are highly aid-dependent and anti-corruption requirements continued to be central aid conditionalities during the year. While aid conditionalities placed some constraints on executive actions, the flow of revenues from oil and diamonds continued to be the object of extensive grand corruption. The consolidation of democratic reform continued in Côte d'Ivoire, Ghana and Sierra Leone, which witnessed a further strengthening of national integrity systems. In contrast, governance is particularly weak in Burkina Faso, Guinea, Guinea-Bissau, Liberia and Togo, with few effective controls on executive power. The leaders of most of the latter group of countries began as military dictators who transformed themselves into political leaders, despite poor credentials in transparency and accountability. A central element of economic reform across the region is privatization. Investigations during the last year revealed major flaws in recent privatisation processes that opened up opportunities for corruption. Ghana saw a wave of cases involving corrupt privatisation under the former regime, which was in power until January 2001. While civil society is generally weak in West Africa, there were a few cases during the year, notably in Senegal, where civil society responses to corruption had a political impact. The proliferation of private media has helped expose cases of corruption and sustain pressure for government accountability. The region's record on freedom of expression and freedom of information is not strong, however. The media in several countries faced severe restrictions during the year, and two countries where freedom of information legislation is likely to be introduced soon - Ghana and Nigeria - saw little progress in 2001-02. International and regional Western governments continued to make aid to the region conditional on progress in the fight against corruption. The international community stepped up pressure on Burkina Faso in particular to improve its record. In response to UN allegations that the government had facilitated the trade in 'conflict' or 'blood' diamonds from Sierra Leone, Denmark severely cut its aid programme to the country. At the same time, the United Nations Development Programme representative in Burkina Faso criticised the lack of any system for monitoring public spending and the impunity of corrupt officials. He called for the government to 'translate its efforts into a real national anti-corruption policy'.2 In a speech in Sierra Leone, Britain's minister for international development, Clare Short, made clear that a key condition of the continuance of British aid to Sierra Leone was the government's commitment to fight corruption.3 The British government had given financial support to the creation of an anti-corruption commission in January 2001. Meanwhile, the EU announced in February 2002 that it was resuming full cooperation with Côte d'Ivoire after a three-year freeze triggered by the embezzlement of US $25 million in 1999. The EU used the announcement to call on the Ivorian government to strengthen its fight against corruption and improve public expenditure management.4 Nigeria was again cited on the Financial Action Task Force's blacklist of noncooperating countries in the fight against money laundering. The United States agreed in November 2001 to increase support for Nigeria's law enforcement agencies in the fields of money laundering, corruption and narcotics trafficking. In return, the Nigerian government agreed to revise its anti-money laundering legislation, introduce legislation allowing for forfeiture of the proceeds of organized crime and increase resources allocated to the independent anti-corruption commission. 5 In September 2001, the UN Office for Drugs Control and Prevention launched a US $300,000 programme of support for Nigeria that included improved training and monitoring.6 The criteria for debt relief under the initiative for 'heavily indebted poor countries' (the HIPC initiative) can include good governance, accountability for public funds and the adoption of a national anti-corruption strategy. Nigeria is the only state in West Africa not covered by the initiative. Participation in HIPC is no guarantee of progress, however: an International Monetary Fund mission to Guinea-Bissau in mid-2002 - 18 months after the country received approval for debt relief -was highly critical of public expenditure management. 'Immediately after approval,' their report maintained, 'the programme was found to be substantially off-track. Fund missions in early 2001 found a loss of budgetary control during 2000, with large unauthorised expenditures ... These problems continued during the first part of 2001, albeit less dramatically.' The report noted that there had been some improvement in financial administration during 2001, but that 'substantial problems remain'.7 The one regional initiative that saw substantive progress during
2001-02 was the National President Abdoulaye Wade in Senegal, for example, claims to be resolutely committed to fighting corruption, but his government has taken few concrete or consistent steps since coming to power two years ago. Wade did launch a programme of forensic audits of state-owned enterprises that revealed the diversion of public funds, over-invoicing and payments to fictitious companies; however, while some officials were imprisoned following audit findings, others were not, leading to accusations by civil society groups and the media that they had been let off the hook because they had joined the party in power.9 Civil society organisations in Senegal also criticised the fact that President Wade refused to repeal Decree No. 97-632 in spite of repeated challenges from Forum Civil (Transparency International's national chapter in Senegal) and his own party's condemnation of the decree while in opposition. The 1997 decree allows public construction contracts to be awarded without going to tender; these contracts may have a maximum value of 100 million CFA francs (US $150,000) for consultancies and equipment and 150 million CFA francs (US $225,000) for construction work. The decree was widely seen as a means of developing a political constituency. The media also noted the tendency of higher-value public procurement contracts not to go to tender.10 A new public procurement code published in July 2002 appeared to override the decree, but there was no official declaration to this effect. Despite strong statements by Mali's former president Alpha Oumar Konare regarding his determination to combat corruption, his efforts were criticized because so few senior figures were brought to account. In apparent reaction, the president announced in November 2001 that the war on corruption would henceforth be 'all-embracing'.11 In April 2002, however, Konare's anti-corruption record was dealt a blow by a World Bank report that described the systemic nature of corruption in Mali, widespread clientelism and vote buying, weak management of public finances, an ineffectual judicial system and impunity of corrupt officials. noted a mixed record in attempts to reduce corruption, though it welcomed the anticorruption measures taken since 1999. 12 Corruption and distrust The government prepared a 'strategic plan' to combat corruption, but its efforts to pursue SONACOP (the privatised petrol-marketing monopoly) through the courts - a high profile case - have still not succeeded. SONACOP was under investigation on charges of financial improprieties during privatisation and extensive arrears in customs duties and dividends.16 Anti-corruption campaigns involve the drafting of new legislation and the creation of new institutions, but the central problem in most West African countries is weak enforcement. Burkina Faso called two new anti-corruption bodies into existence in 2001. In October 2001 President Blaise Compaoré named the members of a National Ethics Committee, charged with suggesting measures to 'moralise' public life. Two months later the president issued a decree establishing a High Authority for Coordinating the Fight against Corruption. In May 2002, however, the anti-corruptionNGO REN-LAC issued a report detailing the range of existing laws and institutions that already touch on corruption, remarking that the mere existence of anti-corruption laws was not enough - they must be applied. According to Dieudonné Yaméogo, REN-LAC's general secretary, Burkina Faso's anti-corruption laws are largely ignored.17 In June 2002, Sierra Leone's deputy anti-corruption commissioner criticised the attorney-general for rendering the anti-corruption commission ineffective by not cting on its recommendations. Of the 57 cases submitted to the attorney-general's office since the commission was established in January 2001, three-quarters had not yet been acted upon. The most prominent was that of former minister of transport and communications Momoh Pujeh, who, following an investigation by the commission, was arrested in November 2001 for illicit mining and the possession of conflict diamonds. Corruption charges were not brought against him until August 2002.18 Cape Verde's government dissolved the Supreme Authority against Corruption
in Nigeria's federal anti-corruption commission was criticised for failing to bring a single case against a senior government official since it was founded in September 2000. A major obstacle to the commission's effectiveness was removed in June 2002 when the supreme court overruled objections from several states that the body was unconstitutional.20 The central government took a number of steps to accelerate its anti-corruption campaign during the year. In August 2001 the Federal Executive Council approved an amendment to civil service rules that allows the president to dismiss corrupt civil servants. In the following month the council approved the establishment of anti-corruption units in all federal ministries with powers to investigate cases and examine all government documents. The anti-corruption commission will take over funding of the new units in 2003.21 President Olusegun Obasanjo's anti-corruption campaign became the focus of a continuing power struggle between the government and the Nigerian parliament. In March 2002, the president accused parliamentarians of being corrupt, and demanded an audit of the National Assembly's accounts.22 In June 2002, however, a report by the public accounts committee of the senate claimed there had been a 'virtual slide into financial anarchy' in public spending.23 Since coming to office, the Obasanjo administration has tried to negotiate a restitution agreement with the relatives of former dictator Sani Abacha. In April 2002, the government agreed to a deal that involved the return of US $1.2 billion in state funds, but permitted the Abacha family to retain US $100 million and involved the dropping of theft and money laundering charges against Abacha's son and a former associate.24 A common form of public sector corruption in West Africa is the appearance of 'ghost names' on the civil service payroll. In Ghana, the deputy auditor-general disclosed in March 2002 that more than US $20 million had been paid to about 2,000 ghost names in the previous two years.25 In response, the finance minister ordered a headcount of civil servants; however, Ghana's government faced growing criticism of its failure to address corruption within the civil service. In his inaugural address President John Kufuor promised to establish an 'office of accountability' under the direct supervision of the presidency that would oversee a code of conduct for public servants. Neither the office nor the code of conduct has yet been established. Police officers and customs officials are seen as particularly corrupt in many countries in the region (see focus reports on Côte d'Ivoire and Benin). In April 2002, a 555-strong 'anti-corruption squad' was established within the Nigerian police to root out corruption in the force; by the end of June, it had arrested 243 officers on corruption charges.26 In Sierra Leone, a crackdown on police extorting bribes from drivers
at road check-points led to the arrest of 41 police officers in November
2001.27 In Burkina Faso, a corruption survey identified the police
as the most corrupt institution in the country (see the civil society
section below), and a survey carried out by Forum Civil in Senegal
identified the traffic police, customs officials and police as the
most corrupt institutions (see p. 269 of full GCR which is available
at www.transparency.org). Access to information in West Africa The legislative constraints on access to information - particularly information on grand corruption - are exacerbated in many West African countries by laws that prohibit insulting the head of state or other senior members of government. In July 2001, however, the Ghanaian parliament repealed the criminal libel and sedition laws under which many journalists had previously been jailed. The NGO Article 19 declared that 'The repeal of criminal libel law puts Ghana at the forefront of African countries when it comes to meeting international standards on free expression.'1 In many former British colonies, such as the Gambia, Ghana, Nigeria
and Sierra In a report released in July 2002, Article 19 condemned the 'culture of secrecy' in Burkina Faso.2 The report argued that civil society and the media are routinely denied access to official information and called for freedom of information legislation conforming to international norms. At Transparency International's Integrity Awards ceremony in October 2001, a posthumous tribute was paid to Norbert Zongo, former editor of the journal L'Indépendant in Burkina Faso.3 Zongo had established a reputation for uncovering corruption and speaking out against the government before his assassination in December 1998. In Mauritania, the seizure of newspapers, closure of radio stations and threats against journalists are a common feature of the media landscape. Article 11 of the Press Act is often used to punish media houses that report on sensitive issues such as corruption; the article allows the interior minister to ban newspapers 'that undermine the principles of Islam or the credibility of the state, harm the general interest or disturb public order and security'. In Guinea, where the government has a monopoly on the broadcast media and owns the country's only daily newspaper, criticism is limited to a small number of weeklies, all subject to restrictive laws. In Guinea-Bissau, two journalists from the newspaper Diario were arrested in June 2001 for articles alleging corruption in the government of President Kumba Yala.4 Liberian journalists also suffer harassment; press censorship was
further tightened in 2001 when the government announced that reports
relating to the country's civil war first had to be cleared by the
information minister.5 There is little independent
journalism in Togo and the opposition press is frequently subjected
to intimidation. A 2001 report by the Committee to Protect Journalists
found that 'reporting on Togo's rampant official corruption landed
several journalists in jail and resulted in more newspaper seizures'.6
Governance is particularly weak in some countries of the region, where the effectiveness of official anti-corruption campaigns is limited by the extreme weakness of political checks and balances and institutions of accountability. In Guinea-Bissau, former members of the supreme court were arrested in November 2001 after an audit report pointed to the embezzlement of US $100,000. Opposition groups condemned the arrests, arguing they were the latest stage in a confrontation between President Kumba Yala and the judiciary, and that they indicated a shift towards dictatorship. In September 2001, magistrates had gone on a 30-day strike to protest against the president's decision to dismiss the supreme court after it ruled an action of his to be illegal. When they returned from the strike, they found the government had sealed their offices to carry out the audit.28 Togo's President Gnassingbe Eyadema celebrated 35 years in power in January 2002. In his anniversary message, he welcomed the establishment in 2001 of the National Commission for the Fight against Corruption and Economic Sabotage. After its first eight months of activity, the commission claimed to have recovered 1.5 billion CFA francs (US $2 million) from corrupt individuals and organisations.29 Concerns about the state of Togo's democracy and level of corruption, however, were reinforced by a confrontation between President Eyadema and former prime minister Agbeyome Kodjo in June 2002. The president dismissed Kodjo, supposedly as part of his preparations for the elections, which had been postponed since April 2000. Kodjo issued a statement accusing Eyadema and his allies of corruption and human rights abuses, and of running the country 'in a permanent state of emergency, ensuring he has the control of executive, legislative and judicial powers'.30 Togo also witnessed the imprisonment of Amousouvi Akakpo, former mayor of Lomé, in October 2001, for alleged embezzlement of more than US $2 million belonging to Lomé city hall. Though the anti-corruption commission claimed that he was involved in massive fraud, some critics alleged that he had been framed because he was a member of the opposition party Union des Forces de Changement.31 The conflict in Liberia continues to create an enabling environment for corruption. The latest insurgents, Liberians United for Reconciliation and Development, are fighting to unseat President Charles Taylor, providing him with a pretext for assuming emergency powers.32 According to Human Rights Watch, 'President Taylor's government functioned without accountability, independent of an ineffective judiciary and legislature that operated in fear of the executive.'33 Private sector Ghana's Divestiture Implementation Committee, formed under former president Jerry Rawlings, became synonymous with corruption, and since January 2001 the new government has attempted to address some of the consequences. In February 2002, the government discontinued the sale of Ghana Telecom to Telecom Malaysia on corruption grounds: members of the former government had allegedly been given shares free of charge.34 Ghana's cabinet also decided to take Sabat Motors back into public ownership after former employees petitioned the minister of trade and industry, complaining that the new owners had not paid for the company. In another case, a number of Rawlings' former associates face corruption charges for allegedly receiving up to US $1 million in kickbacks from the French company Société Internationale de Plantations d'Hévéas, which sought to buy the Ghana Rubber EstateLtd when it was up for privatisation.35 There was public outcry in Nigeria over allegations that Investors International London Ltd enjoyed preferential treatment in its bid for a 51 per cent share of NITEL, the Nigerian Telecommunications Company. Nasir El-Rufai, the director general of the Bureau for Public Enterprises, confessed to a committee investigating the partial privatisation of NITEL that the rules for selecting the preferred bidder had been bent.36 Civil society Although civil society is generally weak across West Africa and faces an oppressive environment in some countries, it has made its presence felt in the fight against corruption. In Côte d'Ivoire, public anger at police corruption led to a 48-hour strike in the Adjame district of the capital, Abidjan, in June 2002. The strike, which was sparked by thefts and raids on shops by police, followed earlier protests by bus and taxi drivers against police extortion and shootings (see box on p. 218). The sensitivity of Senegal's new government to challenges from civil society was indicated by its reaction to a corruption survey published in May 2002 by Forum Civil, Transparency International's national chapter in Senegal. Almost 90 per cent of those surveyed stated that corruption is widespread, particularly in the public sector and among politicians, while a majority believed that vote buying is common. Of company executives surveyed, 40 per cent considered bribery necessary to obtain a public contract. The survey elicited a strong response from Senegal's president Wade, who questioned the survey's credibility, rejected its conclusion and accused Forum Civil of being 'closet politicians who do not have the courage to accept their responsibilities'. This defensive response was surprising given Wade's public commitment to fighting corruption and his acknowledgement in a speech to Swiss investors only a few months earlier of the disturbing level of corruption in Senegal.37 In 2001, REN-LAC published its second annual report on corruption
in Burkina The media increased civil society's impact in the fight against corruption in several countries. In Ghana, a former national insurance commissioner, Samuel Appiah-Ampofo, was found guilty of accepting a US $96,500 bribe from a broker working for a subsidiary of Aon, the U.S.-based insurance company. The Commission of Human Rights and Administrative Justice had investigated the kickback following reports in a newspaper, The Crusading Guide.41 Niger's Association for the Fight against Corruption broadcast a series of television sketches in 2001 about the problem of corruption to raise awareness of the issue. While noting the importance of investigative journalism in exposing corruption, at a workshop in April 2002 the Network of Malian Journalists against Corruption and Poverty expressed their dissatisfaction at the slow pace of prosecution once wrongdoers had been exposed.42 1 Business Day (South Africa), 14 June 2002. Special Focus Brief: In a bid to reduce police corruption and restore public trust, the government took steps in 2002 to improve police working conditions and living standards. Police officers were provided with new vehicles, radio equipment and firearms. Most importantly, they received a 25 per cent wage increase on 26 January. The police reaction to the new offer was hardly promising. Because
the salary increase was not uniformly applied, noncommissioned officers
immediately complained they had been given too little compared to
the better-paid gendarmes. There were widespread police protests in
the days following, and many officers went on strike. One chief police
officer was held against his will, while policemen beat up journalists
who reported the incident. On 29 January, police fired their guns
in the air in protest. The immediate crisis was brought to an end
by the intervention of the prime minister, who established a joint
committee with the police to address reform. But corruption by the
police and the public's mounting fear of police extortion are deep-rooted.
However well crafted, one wage increase cannot solved these problems
overnight. The death of the Abidjan taxi driver, barely two months
after the reform effort was launched, offered ample proof of that.
Part II. Summary Briefs on Requested West African countries with references to relevant papers and reports (attached or linked) Burkina Faso Since 1997, RENLAC focuses on awareness raising as its primary means to fight corruption. For 2003, it recommends the revision of the texts on disclosure of assets, and the regulation of gift-givings. However, "real", implemented, measures seem to be missing. Part of the reason why RENLAC does not seem to have made much difference seems to be the lack of political will and commitment, where anti-corruption messages remain empty phrases which are not followed by concrete actions, despite the recent establishment of anti-corruption commissions in bodies like the police.
Cote d'Ivoire Mali Niger Senegal The perceived increase in the level of corruption is further underlined by two independent studies, one sponsored by TI's NC in Senegal (www.forumcivil.sn/info.htm) in which 90% of those questioned acknowledge that corruption in widespread and prominent mainly in the public sector as well as among politicians. For example, 40% of company executives considered bribery necessary to obtain public contracts, grease money was believed to be necessary to gain access to certain public services, and vote-buying was believed to be common practice. The other study, sponsored by the EU, came to similar conclusions regarding the state of corruption in Senegal. When confronted with the findings, president Wade became defensive despite acknowledging the level of corruption in Senegal earlier that year in a speech to the Swiss private sector, where he committed himself to fighting corruption. However, since assuming power in 2000, no concrete actions have been taken to curb corruption in the country, with the exception of the announcement, in 2002, of the instauration of a national council against corruption which is, however, located at and accountable to the presidency. Attached or linked papers/reports: NOTE: ADDITIONAL E-DOCUMENTS WERE ATTACHED IN SUPPORT
OF THIS HELPDESK REPLY (AVAILABLE TO INTERESTED PARTIES UPON REQUEST). |
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