Press Statement for Immediate Release

July 12, 2021

Message to the African Union (AU) and Member States in Commemoration of the 2021 African Anti-corruption Day on the theme: “Regional Economic Communities: Critical Actors in the Implementation of the African Union Convention on Preventing and Combating Corruption”.

 Distinguished ladies and gentlemen of the Press, Fellow Liberians, and Development Partners

As you may be aware, The African Union Convention on Preventing and Combating Corruption (AUCPCC) was adopted in Maputo, Mozambique on 11 July 2003 and came into force in 2006. To date, the Convention has been ratified by 44 Member States of the African Union, including Liberia. Since the adoption of the Convention, African states have made significant efforts in the fight against corruption, including the establishment of national laws and the creation of anti-corruption agencies. However, major challenges still remain. In recognition of the vast progress that has been made and cognizant of the need to continually reflect on approaches to end corruption, the African Union designated 11 July as the African Anti-Corruption Day, just as December 9 is celebrated as International Anti-Corruption Day.

Thus, the African Union Commission and her specialized bodies, especially the African Union Advisory Board on Corruption (AUBC) have since been holding relevant activities and events to commemorate the day. The Commission is not mistaken in its decision, as Corruption remains the major hurdle to poverty reduction, sustainable and inclusive economic development, as well as peace and stability on the continent, especially in poor countries such as Liberia. In the words of the AU Commission, July 11 is meant to give prominence to the fight against corruption through the commemoration of the adoption of the AUCPCC as a mechanism for fighting corruption in Africa.

It must be reiterated that Liberia has signed and adopted the African Union Convention Against Corruption. Liberia ratified the Convention in 2007 and has since been an integral part of legal frameworks for fighting against corruption in the country, in addition to the UN Convention Against Corruption (UNCAC), Economic Community of West African States Protocol on Corruption, and Sustainable Development Goals, especially Goal 16.5.

Distinguished ladies and gentlemen of the Press, fellow Liberians, as an integral part of global and continental fights against corruption, Transparency International and her African Chapters, including the Center for Transparency and Accountability (CENTAL), join the AU Commission and other stakeholders in Commemorating July 11 as African Anti-Corruption Day. For some time now, the Transparency International movement has consistently reminded the AU Commission and her members states, the Liberian Government included, about their obligations and commitments to fostering a robust, inclusive, and dynamic fight against corruption – a fight that does not protect confidantes and cronies of the power-that-be, but impartially and timely investigates and prosecutes all corruption cases. Furthermore, we have been urging African Governments to move away from rhetoric to more tangible and impactful actions, including but not limited to strengthening anti-corruption legal frameworks, providing adequate financial and moral support to public integrity institutions, as well as increasing efforts to address immunity, ensuring that there are no untouchable individuals and groups in the fight against corruption. This is particularly true for Liberia that continues to struggle with addressing Impunity due to limited political will, weak implementation of laws and policies, and poorly funded public integrity institutions such as the Liberia Anti-Corruption Commission, General Auditing Commission, and Public Procurement and Concession Commission, and Liberia Extractives Industries Transparency Initiative.

As the African Union Commission celebrates another July 11 (African Anti-Corruption Day), on behalf of Transparency International Secretariat and the 28 African Chapters, the Center for Transparency and Accountability in Liberia is pleased to inform the public about a 21-count letter to the AU Commission and her Member States. Among other things, the 28 Chapters of Transparency International across all Africa’s Regional Economic Communities in Central, East, North, Southern and West Africa take the opportunity again to:

• Applaud the African Union (AU) for earmarking 11 July as African Anti-Corruption Day and welcome this year’s theme: “Regional Economic Communities: Critical Actors in Implementing the African Union Convention on Preventing and Combatting Corruption.”

• Commend the 44 Member States of the African Union that have ratified the African Union Convention on Preventing and Combatting Corruption and implore the remaining 11 Member States to take measures to ratify this important Convention.

• Further commend the 34 Member States of the African Union that have ratified the African Charter on Democracy, Elections and Governance, and implore the remaining 21 Member States to take swift measures to ratify this important African Treaty.

• Recognise that by ratifying these treaties, African countries reinforce their commitment to democracy, human rights, and the rule of law, as well as to the underlying values of transparency, integrity, participation, and accountability.

• Note with great concern that corruption is and remains a significant threat and hindrance to African States, particularly in establishing democratic institutions and attaining sustainable development goals.

• Remind African leaders that the AUCPCC through Article 12(2) requires States Parties to ensure and provide for the full participation of civil society in the monitoring process and consult civil society in the implementation of the Convention.

• Further note that the impact of corruption on the continent’s economic development remains deep and visible and cannot be underestimated. Also note that corruption is not a victimless crime and often affects those who suffer most – vulnerable, poor, and marginalised individuals.

• Urge State Parties to ensure that they fully implement commitments they have undertaken by ratifying these treaties. Many States Parties are yet to put in place mechanisms for whistle-blower protection despite committing to adopting measures to protect informants, witnesses of corruption and related offenses, and protection of citizens from acts of reprisal.

• Further Urge States Parties to the AUCPCC to take swift action to report their progress on the implementation of the AUCPCC as required by Article 22(7) of the Convention. Appreciate the efforts of the very few States that have so far reported.

• Reiterate the AUCPCC’s provision for States Parties to create an enabling environment for civil society and the media to hold governments to the highest levels of transparency and accountability in the management of public affairs.

• Remind the African Union leaders of our call in 2018 for the African Union to,
• Develop or endorse minimum standards and guidelines for transparent and accountable procurement.
• Set up and implement a community of practice dedicated to transparent and accountable procurement and the pursuit of value for money.
• Dedicate resources to procurement training and monitoring.
• Invest in research on the practice of procurement within Africa and continually and publicly monitor progress towards implementation of the minimum standards agreed.

• Recognise that the Open Contracting Data Standard (OCDS) and the Open Contracting Principles - established in 2014 - help facilitate the standardised disclosure of data, clarify documents applicable to the contracting process and allow for deeper and better analysis of data; and therefore remind AU leaders of our call in 2018 for the AU to:
• Encourage and facilitate Member States to join open government processes and introduce open contracting through the adoption of the OCDS and Open Contracting Principles in all sectors.
• Introduce open contracting as the default procurement process of the AU.

• Highly commend the AU leadership in endorsing, promoting and following up on the Common African Position on Assets Recovery (CAPAR).

• Entreat African States to address corruption in service delivery in education, water, judicial and health systems, including in crisis situations such as the Covid-19 pandemic, and remind leaders of our 2018 call the AU to:
• Promote transparency and accountability in education, health, water sector and justice systems, ensure sanctions and end impunity for those convicted of corrupt practices.
• Create mechanisms to collect citizens’ complaints and strengthen whistleblower protection.

• Remind African leaders of our 2016 call on governments to disclose beneficial ownership as a way of ending the secrecy that enables corruption; and our 2018 call on governments to:
• Publish timelines for establishing public registers, in open data format, containing beneficial ownership information.
• Ensure that foreign companies operating in Africa are registered and disclose their beneficial owners.
• Require bidders for public contracts to undergo due diligence procedures to verify the background of the company and its senior officers, majority shareholders and ultimate beneficial owners, as well as disclose the identity of beneficial owners.
• Require high-risk sectors, such as the real estate industry, to have anti-money laundering programme requirements, including customer due diligence and adequate record keeping.
• Ensure there are appropriate sanctions proportionate to the misconduct, including criminal prosecutions, for those found guilty of breaching these and related laws, and those found making false declarations.

• Urge African States to step up measures against money laundering and the financing of terrorism. Call on African leaders to ensure: 
• that mechanisms are in place to allow all the relevant persons and entities to comply with their obligation to report suspicious transactions,
• that information on anti-money laundering and financing of terrorism is exchanged among the relevant bodies at regional level.
• the restructuring, adequate resourcing and capacity-building of investigative and prosecuting authorities on money laundering and financing of terrorism
• that each State Party conducts a national money laundering risk assessment and puts in place the necessary response measures.

• Highlight the importance of the Extractives sector in growing and sustaining Africa’s economies and placing countries on a recovery path against the poor economic performance occasioned by COVID-19. Urge Member States to require transparency and accountability in the mining sector including the publication of reports on agreements, public participation, publishing information on operations of mining companies including on joint venture payments. Also remind Member States of commitments to the Africa Mining Vision and the Extractives Industry Transparency Initiative (EITI).

• Flag the urgent need for prudent public debt management in light of the borrowing related to Covid-19, and the impact of COVID-19 on African economies and recovery and call on Member States to put in place efficient systems for transparency and accountability in the acquisition of public debt, use and retirement.

• Stand with all communities, families and people facing the dreadful impacts of the Covid-19 pandemic and welcome all efforts to alleviate this situation. Urge African leaders to
• Ensure transparency in vaccine acquisition and distribution and ensure vaccine equity. Remind African leaders that Africa is already lagging behind in vaccination and that transparency is critical in ensuring target populations especially vulnerable groups get vaccinated.
• Ensure transparent and accountable procurement in the management of COVID-19 pandemic and make publicly available Beneficial Ownership information of companies winning COVID 19 tenders.

• Reaffirm our commitment to work with the African Union through the distinguished African Union Advisory Board on Corruption, the African Governance Architecture and other Organs related thereto, and most especially work with the anti-corruption agencies in our various Member States to eliminate corruption from the daily lives of African citizens.

• Convey the assurances of our highest consideration.

Press Statement for Immediate Release

The Center for Transparency and Accountability in Liberia (CENTAL) is gladdened over the submission of anti-graft bills by His Excellency President George M. Weah to the Legislature. This is a step in the right direction. CENTAL believes that, when passed into Law, the Bills would further strengthen Liberia’s legal framework regarding anti-corruption by expanding powers of the Liberia Anti-Corruption Commission (LACC) and ensuring the protection of whistleblowers and witnesses. The bills are key to strengthening the independence of the LACC through granting it direct prosecutorial power and providing protection for would-be reporters/whistleblowers (victims and witnesses) of corruption.

It can be recalled that President Weah recently submitted a number of Bills including: the “proposed Act Restating An Act to Establish the Liberia Anti-Corruption Commission,” “the proposed Whistle Blower Act of 2021,” and the “proposed Act amending of Part X, Section 10 of the Code of Conduct of 2014, to grant full authority to the LACC to compile, verify, maintain, and update a comprehensive asset declaration registry for all Government employees with specific sanctions for non-compliance. CENTAL notes that the efforts of the President are a fulfilment of his 2021 State of the Nation Address in which he informed the Honorable National Legislature that the said legislations would be presented to them for action.

Ladies and gentlemen of the Fourth Estate, while CENTAL applauds the great step taken by the President, we are concerned that no bill was submitted by the President for the creation of a dedicated Corruption and Related Financial Offences Court, or CRIMINAL COURT “F” even though its importance was recently highlighted in the President’s Annual Address. We believe that the judiciary has an important role to play in the fight against corruption and as such the need for the creation of a dedicated and specialized/fast-track court for corruption cases must be addressed. This Court is also very critical considering the backlog of cases on the dockets of existing courts. Therefore, CENTAL urges the President to similarly push for establishment of the Corruption and Related Financial Crimes/Offences Court.

We also call on the Legislature to ensure that these proposed anti-corruption instruments are speedily given due consideration. We note that the Whistle-Blower Bill has been lingering in the Legislature for over four (4) years without any action. Legislations critical to curbing the menace of corruption must be given adequate preference and scrutiny if we must succeed as a country. Thus, we call on the Senate and House of Representatives to prioritize these bills and as well involve all stakeholders including, civil society in processes leading to their passage. It is through stakeholders’ engagement through public hearings and other open and participatory processes that good and citizen-centered laws and policies are made.

Finally, we call on media, civil society, ordinary citizens, and development partners to closely follow and constructively engage with the Legislature for timely passage of these Bills and other instruments critical to strengthening the legal framework for promoting and entrenching the culture of accountability, transparency, and integrity in Liberia.