Theme: "The effectiveness of the cooperation of the African Anti- Corruption Authorities for a transparent management of natural resources ".

GENERAL RAPPORT

INTRODUCTION

From the 4th to the 5th of May, 2018, held the 3rd Annual General Meeting of the Association of African Anti-Corruption Authorities (AAACA at the King Fahd Palace Hotel in Dakar - Republic of Senegal. The Theme of the Conference was "The effectiveness of the cooperation of the African Anti- Corruption Authorities for a transparent management of natural resources ".

I. PARTICIPANTS TO THE GENERAL ASSEMBLY

Heads or representatives of anti-corruption Authorities from twenty African member countries (Benin, Botswana, Burkina Faso, Burundi, Cameroon, Ivory Coast, Egypt, Eswatini, Gabon, Ghana, Guinea Conakry, Kenya, Madagascar, Mali, Democratic Republic of Congo, Republic of Congo Brazzaville, Senegal, Tanzania, Togo, Zambia) as well as representatives of the African Development Bank (AfDB) and the African Union on Advisory Board on Corruption (AUABC) have participated to the third Annual General Assembly.
The exhaustive list of participants and the agenda of AGM are attached to this report.

II. OPENING CEREMONY

After the welcome remarks of M. Seynabou NDIAYE DIAKHATE, President of Office National de lutte contre la Corruption (OFNAC)
 
                                               

and the speech of the President of AAACA, Mr. Emmanuel OLLITA ONDONGO,

The official opening ceremony of the General Assembly took place on May 4, 2018, 4:00 pm, under the chairmanship of His Excellency Mr. Macky SALL, the President of the Republic of Senegal.

In his speech, the President of AAACA, recalled that the corruption that has always existed has become an art, a specialty and a management system buried in our mentality because of corruptors from elsewhere with the complicity of Africans themselves. He highlighted the cross-border corruption that has developed due to uncivil behavior and has led to loss estimated at hundreds of billions of dollars, thus slowing the achievement of the Sustainable Development Goals (SDGs).

He also pointed out that illicit financial flows in Africa have increased considerably and go hand in hand with corruption, leading to the diversion of important resources from the continent.
For him, no institution in the framework of his mission cannot act alone, hence the need to federate energies through cooperation and building alliances to fight corruption. The President of the Republic of Senegal insisted on certain aspects of the strategic plan of the association particularly on the establishment and the maintenance of the alliances but also a solid partnership with the regional and international Organizations.
In this context, he said, the association is taking steps to create synergies and establish a more fruitful dialogue with all stakeholders. Cooperation between institutions is a factor in the success of their mission. He highlighted the need for African countries to join forces, building on alliances in the field of prevention, combating and investigations.

Emphasizing the pandemic nature of corruption, he urged African Union Heads of State to reflect on the possibility of introducing an anti-corruption tax on any cross-border financial transaction. In this regard, he invited the President of the Republic of Senegal to be the interpreter of the AAACA beside his peers of the African Union, recalling "Senegal's place in the appropriation of democracy, in its quest to improve its governance in all respects. »
His Excellence Mr. the President of the Republic of Senegal welcomed the choice and relevance of the general theme of this General Assembly and emphasized the importance of strengthening cooperation between anti-corruption bodies.
Reacting to the invitation of the President of AAACA, the Head of State accepted his availability to carry the advocacy with his counterparts, while stressing the delicacy of the question.
 

III. METHODOLOGY OF THE GENERAL ASSEMBLY

At the beginning of the session, the agenda of the General Assembly has been presented to the participants. Some of the items that were listed included:
- the sharing of the report of the Executive Committee;
- the presentation of the draft of the AAACA strategic plan by the Egyptian delegation;
- the operationalization of the AAACA Secretariat;
- the partnership between AAACA and the African Development Bank, on the one hand, and between the AAACA and the African  Union Advisory Board on Corruption, on the other hand.
The sessions consisted of oral presentations followed by discussions that enabled the participants to recall the obstacles, the difficulties of operationalization and to make recommendations to contribute to the process of strengthening cooperation between anti-corruption authorities.
Aspects related to capacity building of stakeholders to achieve national goals of prevention and fighting corruption were also discussed.

IV. ACTIVITIES OF THE GENERAL ASSEMBLY

The workshop was held under the chairmanship of the AAACA President.
4.1. SYNTHESIS OF THE WORK OF THE FIRST DAY
4.1.1. Presentation of the annual report of the Executive Committee
The General Secretary presented his activity report, stating that it had been sent to the participants prior to the AGM. He recalled that during the second AGM held in Brazzaville in April 2017, a new Executive Committee was set up to replace the first and a number of dossiers had been entrusted to him. These dossiers related to the operationalization of the AAACA Secretariat, its staff, the updating of its Constitution, the search for partners, the follow-up of the dossier related to the organization by Egypt of the Executive Committee in 2017 and the organization of the third AGM in May 2018.
 

He deplored the lack of financial resources and raised the difficulties encountered in the payment of membership fees, which remain the main source of funding for the Association. He pointed out the precarious situation of voluntary members who do not benefit from an employment contract and to whom it was decided to award bonuses whenever the means permitted.

Regarding the updating of the Constitution, it was found that the English and French versions did not match. The resolution of the Executive Committee was to entrust the task of updating the constitution by OFNAC- Senegal with a view to its presentation during the 3rd General Assembly.

The General Secretary also reviewed the various activities initiated by the Secretariat as part of the fund raising. For example, the AAACA President attended a meeting in Arusha, Tanzania organized by the AU Advisory Board on Corruption. During this meeting, contacts were made with the partners, particularly with the AfDB, which undertook to contribute to the organization of the AGM. The meeting was also an opportunity to renew contacts with some countries and partners who were no longer involved in AAACA’s activities.

The AU Advisory Board on Corruption with whom a memorandum of understanding has been prepared and whose signature is scheduled at this Annual Meeting has requested a referral of the signing ceremony, as the documents are not ready.

Also in the search for partners, the Secretariat corresponded with institutions such as UNCTAD, UNODC, the World Bank, UNDP and the Swedish International Development Agency.
To stimulate cooperation between national Anti-Corruption Bodies, the Secretariat had sought and received Cairo's agreement to host the Executive Committee meeting on 11th and 12th of  December 2017. In this meeting seven (7) countries members have participated to the Executive Committee.
It was decided at this meeting to refer to the AGM certain matters which were not within the competence of the Executive Committee. He welcomed the organization set up by the host country, which agreed to bear more than 80% of the costs of holding the meeting (accommodation, catering, translation costs, secretarial material); which reveals the real political will to fight corruption of the Senegalese authorities.

4.1.2. Debates and discussions

The AGM participants did not have any specific questions about the 2016-2017 activities report.

4.1.3. Communication on "Fifteen years after the African Union Convention on Preventing and Combating Corruption: What Evaluation Mechanism? »

4.1.3.1. Presentation of the communication

This presentation was introduced by the President of the AU-ABC who took stock of the implementation of the African Union Convention against Corruption and the main objectives of the Board. He emphasized the context of celebrating the 15th anniversary of the adoption of the said Convention and the African Year of Combating Corruption. The activities planned in this context should have a strong involvement of the youth. He recalled that out of 55 AU member countries, 39 have ratified the Convention but in addition to ratification, the focus should be on the operational challenges of the bodies created in this framework.
 

Regarding the evaluation reports, he said that so far only 13 reports have been received in the Council and are currently under review. He urged countries that have not yet ratified the Convention or have not tabled their report to speed up the process.

4.1.3.2. Discussions

After the acknowledgments of the President of the Association, the debates were opened.
During the discussions, a considerable number of representatives of national institutions made comments. Among other concerns, they highlighted the lack of information on the monitoring mechanism put in place AU Advisory Board on Corruption in setting of the Convention, on activities that were planned at continental or national level to commemorate the African Year of Combat. Corruption decided by the AU Heads of State, on the existence of a mechanism for monitoring the implementation of the conventions, on the transmission of the form to national anti-corruption Authorities.

They also insisted on the importance of a direct referral of these institutions by the AU Advisory Board on Corruption, the institutionalization and the strengthening of the dialogue between this Board and the national Authorities to sum up the achievements made and the encountered difficulties.

Reacting to the question raised by the OFNAC Chairperson on the monitoring mechanism put in place by the AU Advisory Board in the setting of the assessment of the States, the President of the Board noted that Senegal was not actually mentioned and that the diplomatic channel had been privileged to solicit national reports, in accordance with the African Union Convention on the Prevention and Combating of Corruption. This is an obligation placed on Member States to submit reports. It is in this context that all States received questionnaires provided for by the Convention. In principle, it is up to the embassy of the concerned country to forward the questionnaire to the competent national body. He said he was aware of the cumbersome procedure and its coercive character, but said that it was the only mechanism provided.

The Board suggests the transmission of the report electronically in parallel with the official dispatch through the diplomatic channel.
Regarding the issue of the African Anti-corruption Year decided by the Heads of State, he replied that activities are planned at the continental level. However, all planned activities are subject to the "AU Champion". These include the Continental Youth Congress and the AU High Level Dialogue to discuss the themes of the year. The Board must propose a draft common position on asset recovery. Referring again to the late start of planned commemoration activities, the AU-ABC Chair noted that the review of the proposed activities remains dependent on the availability of the "Champion".

To the question of the representative of Egypt who wondered about the existence of a mechanism for monitoring the implementation of ratification procedures for conventions and agreements and especially on the progress noted in the ratification of the Convention of the AU, the Chair of the Advisory Board recalled that each year, States must submit their report and that questionnaires are proposed to them to follow up the evolution in the implementation.

He considers that a revision of the statistics will have to be made to see and analyze the question of the recovery of illicit assets and the enforcement the decisions of Justice. A reflection is underway at the AU level on the evaluation (by September with the selection of a consultant) of best practices of  fighting corruption, the provision of a compendium on these good practices. It will take into account prevention activities (teaching programs), in addition to the fight actions.

In this connection, the representative of Guinea questioned the receipt of this form and its availability to national institutions. In reply, the President of the Board stated that the questionnaire had been sent through the diplomatic channel. It proposes sending the form directly to the institutions electronically, in addition to sending it officially through the diplomatic channel.
The representative of Botswana asked the President of the Board whether there is a State support mechanism in their anti-corruption program. Botswana has adopted, according to him, a national law on prevention and has set up dedicated bodies in accordance with Articles 22, 23 and 24 of the Convention. He noted that his country had transmitted and deposited its ratification act (19 August 2014) but has not yet submitted its report.
In answer, the President of the board recalled that there is support from States when submitting the initial report. He was pleased to see that some States had made progress in establishing anti-corruption courts and bodies.
The representative of Ivory Coast thanked Senegal for hosting the 3rd AGM of AAACA and expressed the wish to be informed of the modalities and mechanisms for monitoring the answers of the countries that having signed the convention. In response, the Chair recalled that Ivory Coast has a representative at the Board level. He promised to make the necessary verifications with the Secretariat and from the outset wished to apologize to the Board for any omissions.
The representative of Kenya, after having expressed his satisfaction relating to the presentation, regretted that AU-ABC’s information and documents did not reach the institutions, which were the real recipients. That is why he welcomed the proposal to send information directly to the institutions.

For the OFNAC Chair, there is a need to review the State Assessment Mechanism in order to foster direct exchanges between the Board and the ACAs. She also endorsed the direct referral to ACAs alongside the diplomatic channel and suggested that AAACA be used as a relay with other ACAs. For the president of the Advisory Board, there is a forum for exchanges with the Board; it is the COREP (Committee of Representatives). According to him, the Board aims to be a platform for the states and Institutions represented, because of its position of relay with the national Institutions.

4.1.4. Presentation on the "Anti-Corruption Strategy for Good Natural Resource Management: Suggestions for Supporting and Activating the AAACA Strategic Plan".

4.1.4.1. Presentation of the communication.

In its presentation, Egypt outlined its proposal to support the AAACA strategic plan; the general objective is to strengthen cooperation between anti-corruption institutions.
 
Dr. Amr Ali Fahmy MOUSTAPHA, with his delegation
The specific objectives are broken down as follows:
- the operationalization of the AAACA Secretariat;
- the implementation of the resource mobilization strategy;
- the implementation of UNCAC and CUACC;
- capacity building and networking among anti-corruption authorities;
- partnerships with associations operating in the field of prevention and combating corruption.

4.1.4.2. Debates and discussions

The representative of Madagascar, also moderator of this session, magnified the availability of the documentation that accompanies the communication focused on the description of the proposed strategic plan 2018-2021. The participants welcomed the coherence that emerges from the strategic plan, the implementation of which is broken down into action plans containing, in particular, the offer of scholarships for training. He noted the current relevance of the issue in general for African countries experiencing real difficulties in the management of natural resources and for his country in particular. He cited the example of Madagascar which has significant resources of sapphire. He believes that it is necessary to question the modalities of a mutual assistance to face the issues related to the transparency in the management of these resources.

The representative of Ivory Coast noted the presenter's omission of some internationally recognized strategies to better protect natural resources. He indicated that special interest should be given to the training of quality human resources fully devoted to the defense of national interests. He wondered about the importance of taking into account possible difficulties in the implementation of the proposed single platform, particularly because of the differences in approach and culture between English speaking and French speaking members.

Mr. Amadou NIANG, member of OFNAC noted the convergences between the strategic plan proposed by Egypt and that of OFNAC of Senegal. Indeed, he said, OFNAC has a five-year strategic plan (2017-2021) focused, among other things, on education and awareness. He noted real progress on the Egyptian contribution to the AAACA strategic plan. In addition, he wished to be better informed about the choice of beneficiaries of the courses mentioned (441 candidates for the scholarship) and the best ways and means to avoid the phenomenon of loss of human resources having benefited from these training courses.

For the representative of Burkina Faso, the major challenge remains that of financing the strategic plan. As a result, it is important to identify a partner who will support the financing of this strategic plan. He also wondered about the scope and nature of AAACA's implication in this context.

As for the delegate of Benin, he expressed his concern about the financial resources to be mobilized and the capacity of this strategic plan to take into account the concerns of illiterate populations, hence the importance of integrating literacy programs.

For him, the focus will initially be on local partners before soliciting foreign partners who will not come if the fight internally is not efficient. In addition you need a clear roadmap to reassure them by taking care of these issues.
With regard to training, the representative of Egypt reverted to the question of fellowships to make it clear that discussions will be opened with the national training body to find answers to define the prospects for promoting these training courses. He remains convinced that the focus can be on training of trainers.

Addressing the issue of natural resources, he suggested establishing a network of focal points and cooperation mechanisms.
The representative of Benin returned to the question of taking into account the mass. He explained that his country has developed curricula that integrate communication during certain activities in academia. With regard to the implementation of the strategic plan, the representative of Egypt was of the opinion that illiteracy could be an obstacle to its implementation. This is, he said, the reason why Egypt uses the media to reach the people directly; this with the financial support of some organizations.

The representative of Guinea questioned the feasibility of a program for connecting national databases of Member States as suggested by the presenter. According to him, it is necessary to overcome the obstacle of the disparity of the regulations concerning the ITC and to take into account the constraints of time.

4.1.5. Presentation on "Effectiveness Cooperation of African Anti-Corruption Institutions for Transparent Management of Natural Resources"

4.1.5.1. Presentation of the communication

The presentation was made by Mr.  Dieudonné ODOUNGA AWASSI, the representative of Gabon and also President of the CNLCEI (of Gabon) highlighted the scope of the strategic document against corruption and money laundering (SDCML) from Gabon. This document focuses on natural resources, namely mines whose management must be transparent and free of all forms of corruption.
 

Addressing the issue of effective cooperation of anti-corruption agencies (ACAs), he put into perspective some definitions (resource, transparency, etc.) and the strategies put in place by Gabon for the control of production, distribution and division of income, but also the exploitation of natural resources such as timber.
He also stressed the need to make effective cooperation between national authorities for the prevention and combating corruption, in accordance with the provisions of the African Union Convention.
The Senegalese EITI representative reviewed the strategies for publishing oil and mining contracts that have an impact on the fight against corruption, on the one hand, and tax evasion and on-going tools to strengthen transparency in the extractive sector, on the other hand.

These include the Global Standard, which is intended to serve both as a diagnostic tool for States (disclosure of payments, their certification), as an instrument of control, assurance and quality (strengthening public trust, good governance). It focused on the mechanisms for publishing information on the beneficial ownership of extractive companies as of 1 January 2020. These mechanisms and tools are based on the commitment of States and control of the value chain in the area. He hoped that the EITIs would be associated as partners in fighting corruption.

4.2. SUMMARY OF WORK OF THE DAY TWO

4.2.1. Debates and Discussions

The morning started with the continuation of the discussion on the last communication of the day one on the theme: “the effectiveness of the cooperation of the African Anti- corruption Authorities for a transparent management of the natural resources”.

Speaking of the situation of his country marked by a strong dependence on natural resources, the representative of Botswana noted the lack of a national strategy to fight corruption in the mining sector. It calls for the development of an inclusive national strategy to develop a consensual understanding of the types, levels, areas and causes of corruption and its potential remedies in African countries where natural resources are important.
For the representative of Ivory Coast, the shortfall in the exploitation of Kevazingo wood, used for boat building and rails is due to the fact that operators intervene outside the legal framework. They act in the informal sector often with the complicity of the local populations, to avoid their obligations (fiscal, social, environmental ...), hence the need to carry out awareness-raising and training actions towards the populations.

For example, the results obtained in the awareness-raising operations carried out in relation with NGOs (Brainforest), UNDP, administration (water and forest department, governorate, prefectorate) made it possible to combat corruption in this sector, and especially to preserve this rare wood.

The representative of the Democratic Republic of Congo stressed the urgency and importance of finding mechanisms to fight corruption in the exploitation of natural resources. He said corruption in the mining sector is a scourge in the DRC, maintained at a high level with the complicity of the people. He acknowledged the critical importance of technical assistance in building institutional and human capacities. Also, he asks the support of the actors of the fight against corruption and especially the international cooperation.

The representatives of Senegal welcomed the relevance and richness of the presentation made by Gabon. They recalled the need to strengthen the prerogatives of anti-corruption authorities. After the creation of specialized bodies in fighting corruption, the most important thing today is to ensure the effectiveness of their actions. Achieving this goal calls for coherent approaches and international cooperation. The protection of natural resources requires:

- transparency in the granting of licenses or authorizations;
- a high degree of specialization and expertise;
- a high degree of autonomy of the institutions of fighting corruption.

Senegal recommends the establishment of a deterrent system to exclude from African markets any physical or moral person who has been convicted of corruption or any other related offense. In addition to deterrence, Senegal advocates the adoption of preventive and educational measures on corruption, and especially the strengthening of cooperation for an effective fight against corruption (exchange of expertise and information, creation of a database at the continental level).

For the representative of Guinea, tens of billions of dollars disappear every year in Africa, due to illicit financial flows. This is why Guinea has advocated the strengthening of the legal framework to ensure better traceability of minerals from illegal exploitation. In many countries, these transfers of funds are translated in substantial losses of resources.

The solution to these problems lies in the involvement of the populations in the processes of exploitation of the mineral resources and in the reinforcement of the cooperation between the States through the exchanges of information.

As for the delegate of Mali, he focused his intervention on the exemptions that mining companies benefit from the mining code and from the investment code. By analyzing the two codes we observe a reduction in the gains of the Malian Government against an increase in the benefits granted to enterprises. In the 1991 Malian code, mining activities are exempt from taxes during the first three years of production. This exemption has been removed from the 1999 Malian code. However, the 1999 regulation offers companies the opportunity to practice accelerated depreciation of their factors of production, which is another form of exemption.
He has underlined that in his country, the organs of combating corruption are deprived of all power of sanction or prosecution.

As a result of these interventions, AAACA members reiterated their commitment to strengthening the autonomy and independence of anti-corruption bodies. The Chair called on delegations to think about whistleblower protection mechanisms to allow them to express themselves freely about corruption. Thus, he invited participants to focus on developing solutions rather than dwelling on the problems themselves.

4.2.2 Presentation on "Fifteen years after the African Union Convention on Preventing and Combating Corruption: What Evaluation Mechanism?»

4.2.2.1. Presentation of the Communication

Professor Babacar GUEYE first reviewed the fifteenth anniversary of the African Union Convention on Preventing and Combating Corruption. In terms of efficiency, he deducted that this remained balance mitigated, given the efforts made by African countries.

To support this, he/it raised the non-functional nature of the Convention's assessment and monitoring mechanism, unlike the African Peer Review Mechanism (APRM) and the UN Convention, which seem to be working better.
According to Professor Gueye, the Advisory Board, the organ responsible for implementing monitoring and evaluation work, doesn’t have power of sanction. For example, he noted the non-compliance with the States' reporting obligation. The same is true of the replies to the questionnaires. Thus, in the eighth report transmitted, the assessment of the state of application of the Convention concerns only twelve countries. This situation is due to a lack of binding texts or mechanisms obliging States to prepare annual reports and answer questions.

In addition, the Board is handicapped by the lack of financial resources while the system of mandate of two extendable years once, can pose problem to carry out the policies to long terms.
As a result, Professor Gueye proposed to improve the functioning of the Evaluation and Monitoring Mechanism of the African Convention on the Prevention and Combating Corruption. Thus, he hoped that the Advisory Board would be restructured so that it could function as a plenary body. In this way, he said, the Board should be given the opportunity to make the necessary deliberation to the States and he non-observance by them may lead to sanctions.
To palliate the lack of financial resources, he suggested adopting the same funding mechanism as the African Peer Review Mechanism; this would allow for better planning and follow-up actions.

He also indicated that the African Union must favor participatory and inclusive approaches. Thus studies, surveys, audits must be done after a call for tenders. Similarly, he added, the African Union must be more active in raising awareness, by involving civil society and by organizing fora, workshops to report back to the populations.

4.2.2.2. Discussions and debates

- On the issue of operationalization:
The President of OFNAC emphasized first the lack of direct dialogue between the Advisory Board and the anti-corruption agencies. She gave the example of the African Committee on the Rights and Welfare of the Child, which receives delegations from States that have come to present reports on the implementation of the African Charter on the Rights and Welfare of the Child.

The delegate of Botswana felt that, in the absence of a response from States, the Advisory Board should develop a plan to assist countries experiencing difficulties in implementing the African Union Convention, to like the United Nations Convention against Corruption.

One of the members of the Egyptian delegation approved this last proposition and advised that a manual of procedures should be popularized to member States by the AAACA Secretariat or any other competent organ.
With regard to the holding of the 2019 Annual General Meeting, Egypt has expressed the wish to host it. To this end, the competent authorities have begun to take the appropriate measures to materialize this wish. However, a certain number of diligence should be led in view of the confirmation of this engagement... Once this confirmation has been obtained from the Egyptian authorities, the delegation will be able to approach the Executive Secretariat to establish the work plan and define the theme to be developed during the AGM 2019.

The assembly accepted the Egyptian proposal and agreed to hold the 4th Annual General Meeting in Egypt. With regard to the scheduling of the Executive Committee meetings, the idea of a rotating organization respecting the balance between the different areas identified was issued. Thus, for future activities, it would be more appropriate to consider organizing them outside the West Africa zone which houses the 3rd Annual General Meeting.
The representative of Botswana expressed a reservation with regard to the proposed rotation system which, in his opinion, was undesirable because of the logistical and financial constraints that it could entail.
Regarding the next meeting of the Executive Committee, the AAACA President proposed organizing it the day before the 4th AGM. He added that the financial coverage of this activity should not pose any difficulties if the contributions are regularly paid by members.

The representative of Gabon welcomed this proposition with reserve. Indeed, he indicated that the principal mission of the Executive Committee is to really prepare AGM for good conclusion. For this reason, the time of preparation would be quite short if this option came to be chosen.

For the Eswatini delegate, it is important to provide for the predefined modalities for organizing the meetings of the Executive Committee in order to avoid deadlock in the reception of candidacies from host countries.
Following its intervention, the Secretariat committed to make the necessary steps to identify and to designate the organizing country and to inform the members.
The representative of Botswana said that he was reserved with regard to the proposal to organize meetings by zone.  On the other hand, he suggests to make the choice of the organizing countries while following an order to be determined.

The representative of Madagascar proposed his country to host the AGM of 2020, subject to the confirmation of the President of the Republic to be elected in 2019.

4.2.3. Communication on "How to make AAACA operational?

4.2.3.1. Presentation of the communication

In his communication Mr. Fohtung Samuel TANGANG of Cameroon highlighted the difficulties of functioning of the secretariat by insisting on the lack of a dedicated staff.
 

He recalled that only two stuffs of the Special Brigade Anti-Corruption of Burundi work for the Secretariat on a voluntary basis.

4.2.3.2. Discussions and debates

The first interventions focused on the number of members who joined the Association, which was considered insufficient in view of the number of member countries of the African Union. For the representative of Eswatini, the question of the future of the Association at the end of this General Assembly arises with acuteness. This calls for real consultations and discussions with the African Union to make the Association more dynamic.
Referring to the question of annual subscription, he suggested that the assembly subordinate the representation of a country within the Executive Committee to the payment of its contributions. Some participants pointed to the lack of information and the lack of communication on the state of subscription of different countries. The President of OFNAC suggests for this purpose for more transparency, the publication of the list of members updated their dues.

With regard to the duration of the mandate in the secretariat, participants noted that between 2013 and 2018, the association had 4 General Secretaries. Therefore, it has been proposed the revision of the texts that must plan a General Secretary detachment by an ACA to avoid an institutional instability in this strategic position.
In response to the question, it was noted that any detachment would entail the payment of the General Secretary's remuneration by the country of origin; which could alter the independence of this one and gamble on his autonomy.

One participant tried to explain the reluctance of some members to host the meetings of the Association. He thinks it is linked to national administrative procedures which are sometimes quite restrictive. He suggests that the Association write to the heads of state to sensitize them. To this end, for the Senegalese delegation, the AAACA's statutory provisions have already settled the question of functioning, including that of the typology and periodicity of meetings.

On joining the association to the AU, the Botswana delegate wondered about the recognition by the pan-African organization. He said that if this recognition is confirmed, the AU could set up an office or appoint a person to act as a relay and assist the Association. He also believes that African heads of state should be involved because these are them who take the decisions.

This proposition has been welcomed with reserve because of the risk of dependency to the dependence in relation to this organization.
For the Congo delegate, the Assembly must take into account that the commitment to the fight corruption in the member states remains dependent on the political will of the leaders themselves. In any case, it is necessary to conduct the reflection with a view to identifying the mechanisms for circumventing possible political obstacles. However, some participants consider that mentoring systems should be considered and advocacy should be pursued with Heads of State.

The Secretary-General stressed the need to preserve the independence and autonomy of the General Secretariat and to determine its Head Office.
With regard to the development of activity programs, participants estimate that work will be needed to implement the strategic plan, working document to be submitted to the partners.

The Executive Committee should proceed with the recruitment of Secretariat staff after determining the objective criteria for recruitment (profile of the Secretary General, status, benefits, etc.). The meeting noted that, to date, only two stuffs of the special Brigade Anti-Corruption of Burundi work part-time on behalf of the AAACA.

At this stage of the proceedings, the President of the Association has submitted a motion for a resolution to elevate certain persons to the rank of Honorary President or Honorary Members of the Association.
For the representative of Eswatini, this proposal cannot be validated without the definition of objective criteria for the appointment of honorary members.
For the OFNAC President, members should be given the opportunity to reflect on the feasibility of this proposal. She was supported by the representative of Burkina Faso, who estimates that since the issue was not on the agenda, the question should be referred back to the Executive Committee and further reflection. In the same vein, the representative of Kenya suggests to follow the agenda.
Finally the question was sent back.

4.2.4. Communication on "Cooperation with multilateral development institutions in mechanisms to prevent fraud and corruption".

4.2.4.1. Presentation of the communication

In his presentation, Mr. Bubacarr SANKAREH, Acting Director of the Office of Integrity and Anti-Corruption at the African Development Bank, came back to:
- the exclusion scheme in the context of financial institutions;
- the cross-border exclusion agreement that applies to all banks;
- the compliance program and the rehabilitation mechanisms of excluded businesses;
- the compliance guide put in place.
He pointed out that for the moment; the AfDB does not prosecute officials of member countries when they are involved in corruption. He also highlighted the lack of cooperation between the AfDB and the European Investment Bank which is not on the list.
 

He said penalties and fines estimated at nearly US $ 55 million are being recovered for the benefit of the African Integrity Fund. These resources, he continued, can be mobilized for financial assistance programs, according to defined criteria.

With regard to the execution of public contracts, he indicated that special attention should be given to the qualification of companies. He also recommended the involvement of the tax administration in the fight against corruption.

4.2.4.2. Discussions and debates

For participants, the presentation resonates as a call to AAACA, to whom the AfDB seems to "to stretch the hand ". It is therefore important to seize this opportunity and to follow the steps indicated which, moreover, would benefit from being lightened. Indeed, some participants expressed their concern about what they consider to be cumbersome in the procedures outlined.
Participants called on the AfDB to make every effort to support national anti-corruption authorities.

In addition, they requested clarification on a number of topics. In response, the AfDB representative provided the following clarifications:

- on the implementation of the compliance program, he points out that it is the protection of personal data which seems to constitute a barrier to full cooperation with the European Investment Bank, which doesn’t pursue European companies.
- on requests for support, the length of the proceedings is not dissuasive. The candidate should respect a certain number of criteria’s and principles of assessment set up by the bank during the submission.

The representative of Guinea, after congratulating the AfDB, raised two points, the conditions of eligibility for the African Integrity Fund, and the existence of models of application forms for funding. For the AfDB representative, there are standard forms that are provided as part of the calls for proposals. The description of these procedures the description of these procedures caused a participant's questioning who wondered whether AAACA should be submitted to the same procedures or whether there was no need to establish a partnership agreement between the AAACA and the AfDB. The representative of the ADB wished to reassure on the question by stating that his institution has always collaborated with the Association, even in the absence of protocol.
Concerning the sanctions, the representative of Benin wondered about the fate of ministers convicted of corruption or embezzlement of public funds and the existence of mechanisms to monitor the use of funding granted. For the AfDB representative, the ministers belong to the category of personalities who are not directly targeted by the investigations conducted by his office. However, the AfDB may be seized in case of suspected corruption of ministers. He added that his institution has a secure confidential hotline to receive denunciation.
On technical support, AfDB, taking into account the expertise gained in the fight against corruption, undertakes to collaborate with the Association, to exchange the case studies, and to share the return of experiences on the led investigations...

4.2.5. Communication on "The effectiveness of ACAs: constraints and solutions"

4.2.5.1. Presentation of the communication

In his communication, the delegate of Cameroon highlighted the difficulties faced by most of ACAs, often due to their anchoring, lack of resources, their status and especially their relations with the judicial authorities. He particularly emphasized the fate of the cases transmitted to them; which do not always bring all due diligence.
 

4.2.5.2. Discussions:

For the Vice-President of OFNAC, it is important to review the texts that organize the ACAs for a better coherence of the strategies of repression. For illustration, he emphasized the differences in the prescription of public action while recalling that in the Civil Law system, the delays of prescription begin to run, for the instantaneous offences, from the commission of the offence while for the continuous offences, they run from the discovery of the offense. Therefore, special attention must be paid to this question.

For this representative insofar as the creation of the ACAs can intervene by decree, the guarantees of independence are being fragile from the moment that they are defined by the executive power. So to remedy this situation, it would be desirable that the creation of the ACAs be made by law.

The representative of Togo raised the content pessimistic of the communication, regarding the progress and results observed in Cameroon where about twenty officials (notably of ex-ministers) are jailed today for corruption or assimilated offenses.
The delegate of Mali indicated that the picture given in the communication doesn't correspond with the great actions that Cameroon cuts down on the land.  The results of “Operation sparrowhawk" constitutes a perfect illustration of it.

For the presenter, his subject is not pessimistic that it appears it.  He is conscious that the results are non negligible and were possible thanks to the different interventions of the national organisms working in area of fighting corruption. The tone used itself justified by the worry of generalization of some problems met by all African institutions, to find solutions and traces.

For the representative of Guinea, the institutional anchoring can constitute a block in the implementation of the acts of prosecution since the actors to transmit the files to the Head of State do not play the game. that the financing necessary for the functioning of the Anti-Corruption Authority often depends on the good will of the ministry in charge of the finances which grants the budget according to its own calendar.
Taking the floor again, the Malian delegate wanted to share an experience in the process of empowering the authorities. He explained the establishment in 1999 by President Konaré of an ad hoc committee, which later became an independent body. However, he says, it is justice that takes over at the end of investigations, as in other systems; which often gives rise to situations of slowness.

The delegate of Burkina Faso noted that his country was supported by OFNAC for the implementation of its anti-corruption mechanism. Referring to the effectiveness of the ACAs, he stressed that even if the investigators of the ACAs enjoyed the status of judicial police officer, it remains understood that the files transmitted to the judicial authorities are left to their sovereign discretion as to the action to be taken; which is still an obstacle.
The solution could be found on the English side where prosecutors are made available to the anti-corruption authority, so that the investigation procedures are not systematically repeated. Judicial compulsion is such that we must find ways to speed up the procedure.

For the representative of the Democratic Republic of Congo, it must be possible to punish a minister by relieving him of his duties. On the other hand, the focus should be on asset recovery. This is the whole meaning of the Special Law which is under discussion in the Congo and which will have to allow the recovery of the fines which are brought to twice the misappropriated amounts.
Added to this is the review of prison sentences that were considered to be relatively dissuasive.

4.2.6. Communication on "Corruption Policy: Sharing of Country Experience".

4.2.6.1. Presentation of the communication

The presentation was made by the delegate of Kenya who explained the strategy of his country in terms of prevention by emphasizing, especially on education and awareness of the population and on the territorial mesh.

4.2.6.2. Discussions and debates

The representative of the Democratic Republic of Congo welcomed the coordination between the structures involved in the fight against corruption, while asking for clarification on the legal framework of this coordination (formal, permanent or ad hoc coordination) and the authority that piloting it.

To the question of  the representative of Eswatini, about the fate of the incriminated persons as well as the eventual possibilities of transaction that are recognized to them, the presenter replied that the accused persons must first plead guilty before they can benefit from the procedure of transaction. This transaction does not prevent the sanction by the radiation of an implication of the administration.

For the representative of Mali, in general the sanction is dissuasive. However, any excess is ineffective. In Mali, any attack on public property, regardless of the value of the property in question, was punishable by death and confiscation of property. Experience has shown that there has never been a sanction (in the last 10 years). The same is true of the repression of use of forgery to 10 years of imprisonment. There is almost no sanction to the look of the jurisprudence.

For him, the option of moving towards financial sanctions, as in Kenya, seems more effective.

4.2.7. Communication on "Corruption Prevention Policies: Sharing Country Experiences"
4.2.7.1. Presentation of the communication

The presentation was made by the delegate of Botswana.
 

4.2.7.2. Threads:

The various speakers wished to congratulate the representative of the delegation of Botswana for his communication.
The OFNAC President reviewed Senegal's experience by pointing out that the law that creates the Office assigns both a prevention mission and an anti-corruption mission.
In carrying out the prevention mission, OFNAC relies heavily on religious relays, women's organizations and civil society to carry out awareness-raising activities beyond the school environment. Senegal has integrated this dimension into its communication strategy.

Particular attention has been carried to the assets declaration. One participant wished to be informed about Botswana's policy on asset declaration. He asked if Transparency International's ranking of Botswana is linked to the quality of the prevention strategy put in place. Responding to this question, the presenter said that his country did not have a law on assets declaration. On the other hand, he added, Botswana has laws requiring officials who attend meetings where policy decisions are made, to report any conflicts of interest and to declare their assets if they are kept in those instances. .

For the representative of Botswana, the results obtained were due to the strategy of prevention, to public education, especially to the firm political commitment of the President of the Republic.
He pointed out that even if in the constitution of relay we note the absence of interaction with the Church, it is not excluded to collaborate with the Clergy, because of the important role that it plays. For now, the focus is on institutions of higher education and also on the involvement of students whose best are rewarded. This initiative aims to involve youth in the prevention and fight against corruption.

The Egyptian delegate wished to know in which area Botswana has a relationship with the Commonwealth and to what extent this collaboration, if it exists, could have affected the country's actions of fighting corruption. In response, the representative of Botswana said that the Commonwealth finances the operation of a resource center dedicated to employee training.
The question of the revision of the AAACA Constitution which was on the agenda was postponed for the next meeting because of the different aspects to be reviewed.

V. CLOSING SESSION

A draft final communiqué has been submitted for the consideration of the assembly.
The closing ceremony of the third AGM was delivered by the AAACA President, who congratulated all participants.
After his speech, participants made observations regarding the determination of a timeline for the effective operationalization of the Secretariat. For this purpose, the AAACA President considered it appropriate to leave this matter to the discretion of the Secretariat, which should propose a timeline. However, he estimated that the main blockage is related to the financial deficit that prevents setting a specific deadline for operationalization. To do this, he urged states to pay their annual subscription dues and stressed the need contacting the governments that allocate resources. States should be encouraged to do so and to consider discussions and exchanges with representatives of Member States.

Relatively to the change of the denomination of the Association, as it has been proposed by the Brazzaville resolution (April 27, 2017), the Chair indicated that the name of the Association should indeed be changed but that it should be determined the scope and nature of the decision to materialize this amendment.

For Senegal it will be necessary to prioritize the various resolutions and recommendations in their enumeration.
For the president of the association, it is important to focus on the advocacy that was made with His Excellency Mr.Macky SALL, the President of the Republic of Senegal to enable him to carry and defend the tax proposal on cross-border transactions with peers.

The President of OFNAC suggests adopting the communiqué as it is, subject to the integration of the proposals of the various delegations.
This motion has been accepted, the communiqué adopted to the unanimity.
On that, the AGM has been enclosed. Memories have been given to the different delegations by the Chair and the members of the OFNAC.  
The members of the AAACA separated while agreeing on the place of the next AGM, in this case, Cairo as proposed by the Egyptian delegation.

Done to Dakar, the 5th of May 2018

Submitted by :
-    Dr. Papa Keyi Abel NDONG
-    Pr. Saliou DIOP
-    Mr. Jean Claude BIZIMANA