Guest Post: Towards an African Voice on Anticorruption

Today’s guest post is from Selemani Kinyunyu, Senior Policy Officer for Political and Legal Matters at the African Union Advisory Board on Corruption. The views expressed in this post are his own.

The African Union (AU) has declared the year 2018 is the African Anti-Corruption Year, and the fight against corruption was a central focus of the 31st Summit of the AU, which was held this past July 1 and 2 in Mauritania. The Summit, along with other recent developments, have made clear that there is an emerging African voice on this issue, one that emphasizes certain issues of pressing importance and that articulates a distinctive perspective on these issues. The AU Summit in particular highlighted four notable issues: Continue reading

Coordination by Legislation: Is Regional Anticorruption Legislation in the East African Community a Good Idea?

This past September, at a meeting of the East African Association of Anti-Corruption Authorities, Daniel Fred Kidega, the Speaker of the East African Legislative Assembly (EALA) announced that the regional legislature planned to consider a series of anticorruption and whistleblower bills (also reported here). (The EALA is the legislative body of the East African Community, a treaty organization to which Burundi, Kenya, Rwanda, Tanzania, and Uganda are members.) According to the Speaker’s remarks, “[t]he Laws passed by EALA supercede those of the Partner States on matters within the purview of the Community.”

Details on the legislation are scant, and movement on this proposal does not seem imminent. (Drafts of the proposed legislation are not available on the EALA website, nor could I find them through other sources. And at the mid-October EALA session, anticorruption does not appear to have been on the agenda.) Furthermore, the EAC Treaty does not provide the EALA all of the legislative power the Speaker’s statements suggest, because, according to Article 63 of the EAC Treaty, acts of the EALA only become effective law for member states if each of the five Heads of State “assents” to the measure. Nonetheless, given the interest in East Africa and elsewhere in greater international cooperation on anticorruption efforts, it’s worth reflecting on whether regional anticorruption legislation such as that proposed by Speaker Kidega is a good idea.

I tend to think not. While regional coordination, particularly through conventions, can be an effective way to strengthen anticorruption efforts (as Rick previously discussed in a comment on this post), it is not a good idea in every circumstance (as Matthew noted in a recent post in the context of proposals for a ASEAN Integrity Community). Although the EAC might be able to perform a helpful goal-setting and coordinating role (something akin to an UNCAC or African Union Convention on Preventing and Combating Corruption), the proposal for the EALA to enact more binding regional anticorruption legislation involves more risks than benefits.

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