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We,
Ministers and representatives of Government, the list of which
is annexed hereto, having met under the auspices of the Global
Coalition for Africa in Washington DC on February 23, 1999,
Concerned
about the devastating effects of corruption on the social,
economic and political foundations of nations, and on their
economic and social development and efforts to eradicate poverty;
Desirous
of launching a concerted and collaborative effort to combat
corrupt practices and thereby contribute to the global fight
against corruption;
Acknowledging
that anti-corruption efforts, to be successful, require political
will at the highest level and committed leadership at all
levels, and must involve civil society;
Determined
to eliminate corruption through effective preventive and deterrent
measures including strict enforcement of legislation, rules
and regulations;
Aware
that good governance, accountability and transparency are
necessary to counter corruption;
Mindful
of the UN General Assembly resolution on actions against corruption
and other collective regional efforts to combat corruption
such as those by the Organization for Economic Cooperation
and Development (OECD) and the Organization of American States
(OAS);
Now
therefore do agree that Governments should:
- Demonstrate
the leadership and political will to combat and eradicate
corruption in all sectors of government and society by improving
governance and economic management, by striving to create
a climate that promotes transparency, accountability and
integrity in public as well as private endeavors, and by
restoring popular confidence in the government.
- Establish
budgetary and financial transparency and strong financial
management systems.
- Eliminate
unnecessary government regulations that negatively affect
economic activity; and establish simple, readily available
regulatory procedures with clear criteria and deadlines.
- Enact
and enforce criminal laws which will deal effectively with
corruption offenses by imposing severe penalties on individuals
convicted of corruption or corrupt practices, and on business
entities found to be involve in such practices. Enact and
enforce criminal and civil laws that provide for the recovery,
seizure, forfeiture or confiscation of property and other
assets acquired through corruption.
- Eliminate
conflicts of interest by adopting and enforcing effective
national laws, guidelines, ethical regulations or codes
of conduct for public officials, which include rules on
conflict of interest and requirements for the regular disclosure
of financial interests, assets, liabilities, gifts and other
transactions.
- Undertake
necessary administrative reforms to restore the morale and
integrity of the public service, for example by ensuring
merit-based recruitment and promotion policies and procedures
and providing adequate benefits, including remuneration
and pension schemes.
- Promote
transparency in procedures for public procurement and the
sale or licensing of economic rights and interests by eliminating
bureaucratic red tape, by providing for open and competitive
bidding for government contracts, by the prohibition of
bribery, and by adopting procedures for resolving challenges
to the award of contracts or the sale or licensing of economic
rights.
- Adopt
revenue collection systems that eliminate opportunities
for tax evasion, and reform regulatory processes that facilitate
customs duties evasion, especially in regard to international
business transactions.
- Require
companies and organizations to maintain adequate and accurate
financial books and records, and to adhere to internationally
accepted standards of accounting.
- Establish
and enforce self-regulating codes of conduct for different
professions, including those in the private sector.
- Promote
standards for corporate governance and the protection of
shareholder rights.
- Prohibit
individuals found guilty of corruption from bidding on public
contracts or otherwise doing business with governments.
Publish details of companies that are found to have, or
whose subsidiaries, agents or representatives are found
to have, engaged in corrupt practices, and bar them from
bidding on public contracts or otherwise doing business
with the government for a period of time specified in national
legislation.
- Ensure
that anti-corruption agencies are autonomous, independent,
governed by a clear body of law, and effectively empowered
to initiate and pursue investigations of corruption, and
provide for the prosecution of offenders in accordance with
investigations and due process.
- Establish
other accountability and oversight mechanisms, including
as appropriate inspector general and audit offices.
- Adopt
legislative mechanisms and procedures for the public to
submit complaints of corruption and corrupt practices, including
the protection of witnesses and whistle blowers.
- Facilitate
the involvement and participation of civil society, on a
continuous basis, in the formulation, execution and monitoring
of anti-corruption reform programs.
- Restore
and maintain the independence of the judiciary and ensure
adherence to high standards of integrity, honesty and commitment
in the dispensation of justice through, among other things,
adopting a judicial code of conduct.
- Guarantee
the publics right to information about corruption
and corrupt activities through protection of the freedom
of the press and effective parliamentary oversight and scrutiny.
- Adopt
cooperative arrangements at the regional and/or sub-regional
level which provide for the mutual exchange of ideas, information,
best practices, intelligence and experiences for the purpose
of minimizing risks of cross-border corruption including
international business transactions.
- Facilitate
the cooperative investigation of cases involving corruption
by rendering mutual legal assistance in obtaining evidence,
documents, articles, records and witness statements.
- Provide
assistance in the investigation, recovery, seizure, freezing,
forfeiture and confiscation of property in respect of the
proceeds of corruption as well as the reciprocal enforcement
of forfeiture and other such orders.
- Apply
reciprocal obligations for the extradition of those accused
or convicted of corruption offenses.
- Take
preventive measures, including the short-term harmonization
of relevant laws, regulations and procedures, for example
those relating to taxes, customs tariffs and duties, and
public procurement.
- Establish
government-to-government mechanisms to monitor implementation
of these principles, including a mutual reporting and evaluation
process.
- Consider
the elaboration and adoption of an African convention for
combating corruption based on the foregoing principles,
and encourage the establishment of a global anti-corruption
convention.
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Last modified:
12 September, 2001
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