The African Union Convention on Preventing and Combating Corruption was adopted in Maputo on 11 July 2003 by the 2nd Ordinary Session of the Assembly of the Union, the Arabic, English, French and Portuguese texts being equally authentic. Depositary: the Chairperson of the AU Commission. It is open for signature, ratification or accession by Member States. It enters into force thirty days after the fifteenth instrument: 5 August 2006. It is not the United Nations Convention against Corruption (Mérida), opened the same year.
Article 2: national mechanisms to prevent, detect, punish and eradicate corruption in the public and private sectors; co-operation among Parties; harmonization of policies. Article 3: democratic principles, the African Charter on Human and Peoples’ Rights, transparency, social justice, rejection of impunity. Article 4 sets out, at framework level, the acts covered (solicitation or offering of undue advantages, diversion, illicit enrichment, concealment of proceeds); an operational offence catalogue is not transcribed.
Article 5: domestic criminalization and independent national anti-corruption authorities. Articles 6–8: laundering of the proceeds of corruption, the public service, illicit enrichment — at framework level, without a financial-investigation handbook. Articles 9–12: access to information, funding of political parties, the private sector, civil society and the media. Articles 13–16: jurisdiction, minimum fair-trial guarantees, extradition and confiscation, without a mutual-assistance playbook. Article 17: bank secrecy may not be invoked to refuse co-operation under the Convention, as a matter of principle.
Article 22: an Advisory Board on Corruption, eleven members elected by the Executive Council, for two years, renewable once; progress reports. Article 24: reservations only if they concern one or more specific provisions and are not incompatible with the object and purpose. Article 25: amendments on written request, considered after six months, approved by a two-thirds majority of AU Member States. Article 26: denunciation taking effect after six months. Registration with the United Nations under Article 102 of the Charter.
Cover: Maputo, the place of the Assembly; we do not claim the hall. Wikimedia Commons, free licence.
Sources consulted: African Union Convention on Preventing and Combating Corruption; African Union Convention on Preventing and Combating Corruption (AfricanLII).
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