APNAC - Video Conference on pilot projects

VIDEO CONFERENCE ON PILOT PROJECTS

Report on the APNAC Video Conference on Pilot Projects

for the AU anticorruption Convention

March 30 th 2006, 8:00 – 10:00 am EST

This video conference was conceived with a view to sharing information and providing an update on the three pilot projects currently being undertaken by APNAC and TI chapters in Uganda , Ghana and Zimbabwe on the African Union Convention on Preventing and Combating Corruption (AUCAC).Hon. Ruzindana also outlined obstacles the various chapters had experienced in their quest to successfully implement the pilot projects.

Background and Objectives :

The pilot projects are part of the CIDA and DANIDA-funded project that APNAC conceived to push for the signing, ratification, implementation and monitoring of the AU anticorruption convention. Carried out in joint collaboration with Transparency International chapters in the corresponding countries, the pilot projects were to take place within a period of 8 months. All of them are scheduled to come to an end by June 2006.

The three participating countries are at different stages of the process of ratification. While Uganda had already ratified the Convention prior to the pilot project, both Ghana and Zimbabwe had simply signed. The goal of the VC therefore was to take participants through the different processes employed by highlighting the successes and challenges in each country; the activities that were carried out; the results achieved to date; and, future plans for the completion of the pilot projects.

After the introduction and setting of the agenda, the session began with an opening by Hon. Ruzindana, APNAC Chairman, followed by a report from each of the three countries:

I. Hon. Ruzindana :

He reiterated the objectives of the pilot projects and attempted to give a rationale of why APNAC had taken up the AUCAC as a project:

The AUCAC was little known in Africa and thus a lot of work is necessary to create awareness so as to help in developing anticorruption laws and implementing them;
The environment for passing necessary anticorruption laws, as specified under the Convention, is not conducive because the democratic process in Africa has slowed down considerably. There is therefore need for much lobbying on all spheres (Parliament, Civil society, media, government) to create an enabling environment.

II. APNAC Zimbabwe :

The Convention was signed by Zimbabwe on 11 th July 2003 in Maputo but the country had not yet ratified it. APNAC-Zimbabwe therefore took up the challenge to push for the ratification of the convention under the pilot project, its objective being to initiate debate in the country so as to influence the ratification. The target for ratification was set for March 31 st 2006 (tomorrow) but the Chair explained that some logistical issues will make this possible probably on Tuesday, April 4 instead . If this happens, the pilot project in Zimbabwe would have achieved its goal.

Activities undertaken under the Zimbabwe pilot project:

Distribution of booklets on the AUCAC to Members of Parliament;
Held an Advocacy workshop for the Media and Civil Society to create awareness about the AUCAC;
Moved motion (Hon. Madzimure) in Parliament on the ratification. The motion was adopted and it included the suggested to set up a committee to look at specific areas of corruption identified under the Convention:
Meetings held with the Minister of Justice and other stakeholders to lobby for a speedy ratification process;
Currently, the issue of ratification is on order paper in Parliament and it is expected that the Convention will be ratified by next Tuesday.

(Zimbabwe ratified both the AU and UN anticorruption conventions on Tuesday April 5 th , 2005 after this report was written).

Challenges in fighting corruption in Zimbabwe :

The country has been identified as one of the fastest declining economies in the world, which unfortunately makes it fertile ground for increasingly alarming levels of corruption;
Lack of resources impedes both the government agencies and parliament to lead an effective fight against corruption. For instance, the prosecution of corruption cases is the responsibility of the Attorney General but this office is understaffed and the personnel are not well trained to handle the current complex cases of corruption;
In Zimbabwe there is an absence of laws protecting whistleblowers, and where such provisions exist they are not properly implemented;
Challenges of harmonizing the laws that already exist on anticorruption in the country are many (AU and UN conventions, anti-money laundering laws, etc). This calls for a project all on its own;
Only two courts exist in Zimbabwe that have the mandate to work on anticorruption issues, resulting in serious work overload and inefficiency;
Vulnerability of the poor masses: corruption only serves to worsen their predicament.

APNAC-Zimbabwe has been successful as an advocacy group within parliament because right from its inception it adopted a bipartisan approach by rallying the two main political groups in the country – Government and Opposition. The Speaker of Parliament was also invited at the chapters' re-launch in August 2004 and so he if favorably inclined towards the activities of APNAC, as are all other members of the parliament.

III. APNAC Ghana :

When the pilot project started, Ghana has only signed but not ratified the AUCAC. Therefore the objective for both APNAC-Ghana and the Ghana Integrity Initiative (GII) was to push for the ratification of the Convention within the period of the pilot projects. They were 100% successful as the AUCAC was ratified, along with the United Nations Anticorruption Convention, in December 2005. This was a tremendous achievement for the Ghana APNAC chapter, taking into account that the chapter had only been formed a few months earlier in the same year.

Activities undertaken under the Ghana pilot project:

Dissemination of booklets on the AUCAC to Parliamentarians and civil society;
Held a high-level roundtable to discuss the AUCAC. The theme was: “AUCAC – A Key Instrument for the fight against Corruption”. The Speaker of Parliament, Hon. Seki-Hughes, and Akere Muna, Vice-Chair of the TI movement, were guests of honor. Participants included MPs, Civil Society, the Attorney General, the Arch Bishop and the Media;
APNAC-Ghana lobbied the government in October 2005 to lay the bill on the AUCAC before Parliament.
In December the bill was debated and unanimously ratified by both sides of the House – Minority and Majority. The lack of a divide between the parties was of significant advantage to the ratification process, and this is a lesson to be learned in the fight against corruption;
The next step is to conduct a review of all existing anticorruption legislation in Ghana so as to identify the loop-holes that could be filled by the Convention. The chapter also plans to pressure the government into introducing the Freedom of Information Law very soon.

Challenges in fighting corruption in Ghana :

In Ghana so many laws exist to fight corruption but there is a problem in their implementation due to a lack of willpower on the part of the government;
Parliament does not make serious attempts to investigate corruption in Government, due to the same lack of will power;
Auditor General reports are submitted to Parliament, are debated, but nothing is usually done of the recommendations;
Resources continue to be a major challenge in leading an effective anticorruption fight, but there is confidence that partners and donors will continue with their support.

APNAC Ghana is consequently planning to push for legal backing so that it acquires the power to investigate corruption. To do this, the members plan to ask Parliament to upgrade their status to that of parliamentary committee. This way they can summon ministers and ask them to produce documents and answer questions during corruption investigations.

APNAC Ghana also plans to lobby for its own independent prosecutor as they feel that the Attorney General has not been effective by not acting on recommendations of the PAC in Parliament.

IV. APNAC Uganda :

The Ugandan pilot project was the first one to be implemented in May 2005 and like the other two above, it has demonstrated tremendous success. As Uganda had signed and ratified the AUCAC prior to the pilot project, the objective became therefore to work towards the domestication of the Convention within the Ugandan legislative context. APNAC and TI Uganda noted a certain solidarity that had existed in the country with regard to signing and ratifying the convention. However, this solidarity did not seem to extend to the actual implementation of the convention.

Activities undertaken under the Ugandan pilot project:

Held a sensitization workshop for Members of Parliament on the AUCAC;
Held a sensitization workshop for members of Civil Society on the AUCAC;
Held an advocacy workshop for the media to create awareness about the AUCAC. It was noted that not many media experts on the Convention exist in Uganda ;
Commissioned a study on legislative and policy measures in the area of corruption in Uganda . The report offered a critic as well as recommendations on what Uganda needs in order to comply with the AUCAC;
Next activity will be to launch the report on the above study to the whole population. This report will be disseminated to the public through the media, after it has been translated into English and the local languages. It will also be used to bring to the attention of MPs their expected role in pushing forward relevant anticorruption bills.

Challenges in fighting corruption in Uganda :

The country has just gone through a transitional change, from a one-party system to a multiparty one. The politicking during elections, since June 2006, has taken the spotlight off the fight against corruption;
With the end of the 7 th Parliament and the inception of the 8th, new MPs will have to undergo the whole process of sensitizing them to the fight against corruption. Loss of veterans certainly puts a dent in the fight to curb corruption within parliament. Only about 40 MPs out of a total of 300 are now aware of the AUCAC;
APNAC Uganda at large lost a significant number of members during the elections, including the Chair of APNAC, Hon. Ruzindana. This causes a severe handicap to the chapter which now has to start afresh in recruiting members;
The other challenge mentioned above is that there exist very few media experts in anticorruption initiatives in the country and so the message is not effectively communicated to the public.

Expected Results of the Pilot projects :

• The video conference was a tremendously useful tool in demonstrating the success of the pilot projects so far. The results have been surprising in their rapidity: Ghana has ratified the Convention and Zimbabwe is on the verge of doing the same, while Uganda has achieved a lot in creating awareness to the public;

• There has been impressive collaboration between the APNAC and TI chapters on the pilot projects. This satisfies one of the objectives of APNAC which is to create linkages with Civil Society in its anticorruption advocacy;

• The involvement of the media has been rather unexpected but very welcome. Frequently the Parliament views the Media as an enemy but with the pilot projects, APNAC has managed to work closely with members of the press;

• The pilot projects have undeniably led to the strengthening of both the APNAC and TI chapters, by turning them into strong advocates of the anticorruption cause. APNAC has increased its visibility in each of the three parliaments through the tabling of motions and debates that ensued around the AUCAC. TI chapters have gained the kind of visibility that can only be achieved by working with Parliamentarians, who are leaders of the countries.

Participation at VC session :

The video conference participation was excellent. Uganda had 7 participants, Zimbabwe had 4 and Ghana had 13, bringing the total number to 24. Of the 24 participants, 8 were women, making it a 33.3% participation rate.

Key members of the APNAC chapters in each of the three countries were present, to include: Hon. Ruzindana (APNAC chair); Hon. Nyombi (Chair Uganda); Hon. Madzimure (Chair Zimbabwe); Hon. Daniel Ncube (Vice-chair Zimbabwe); Hon. Doe Adjaho (Chair Ghana); Hon. P.C. Appiah-Ofori (Vice-chair Ghana). Accompanying all the MPs from the three chairs were members of the TI chapters with whom the pilot projects are being undertaken.

Recommendations :

The PC proposed to organize a second video conference around end-June. This will happen around the time that all pilot projects will end, and therefore the session will be used to wrap-up and make an assessment of the whole activity;
There was also a proposal to enlarge the pilot project groups to include other APNAC chapters in the future, with the availability of more funding;
For the three countries currently working on the AU pilot projects, the next proposed phase will deal with the implementation and monitoring of the AUCAC;
APNAC will commit to work towards strengthening legal and institutional mechanisms in place in the different countries. Towards this end, the network should seek to link up with Anticorruption institutions in the countries such as the Auditor General's office, as well as the Executive, Media, Civil Society and Parliament.

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Charity Wakaba, Submitted March 30 th , 2006, Ottawa