June 1, 2002

What is to be done when country X has a president or authorities that are corrupt and not willing to initiate asset recovery process? ANEEJ uses questions and also proposals to respond to the situation.

INTRODUCTION. The acute poverty of Africans in the African states is rendered more pathetic when one considers the large scale looting of national treasuries by various heads of states in different countries. Staggering amounts running into billions of dollars lie in each of the accounts of some persons, whilst 44 percent of all Africans, and 51 percent of those in sub-Saharan Africa, live in absolute poverty. Morality, emotions and even reason dictate that such dishonorable and dishonest leaders should be made to return their ill-gotten gains. However, the success of such a venture is not dependent on morals, emotion and reasons, but on effective strategies and an enabling legal framework. It is against this background that the African Network for Environmental and Economic Justice (ANEEJ) strongly endorses the ongoing work of the Ad Hoc Committee for the negotiation of a convention against corruption with an emphasis on an international legal framework to assist developing countries recover their stolen assets. ANEEJ endorsed Transparency International proposal calling for the review of the preamble to acknowledge the role of civil society. On the basis of this recommendation and the proposed international legal framework for asset recovery ANEEJ wishes to make the following proposal on the issue of asset recovery. Using the hypothetical case study as a reference point in the issue of asset recovery, we would like to point out a concern that bother on the need to consider a situation where country X have a president or authorities that is corrupt and not willing to initiate asset recovery process. In this context we use questions and also proposals to respond to the situation.

QUESTION 1:

What will happen when the President or present government in country X is not interested in the asset recovery in countries A, B, C, D and E as indicated in the hypothetical case study?

ANEEJ PROPOSAL:

Civil society and other concerned groups in both country X and A, B, C, D and E could in such circumstances initiate an independent asset recovery process. In country X, the government might not be interested in asset recovery when the president or present government is corrupt and has huge foreign account abroad or in a case where there is absence of transparent and accountable government. This case definitely require an independent body to embark on the asset recovery, which could readily provide the required finance to support initiative that will restore the climate of accountability and good governance in country X.

QUESTION 2:

What will happen to recovered stolen asset from country X that have no accountable government and the present regime do not participate in the recovery process?

ANEEJ PROPOSAL:

Certainly such regime in country X cannot be trusted with the recovered asset hence ANEEJ recommends the establishment of a STOLEN ASSETS TRUST FUND (STAT-FUND) with an active participation of those civil society and independent groups in country

X. The STAT-FUND should be earmarked upon for project and program under the control of a United Nations body to support anti-corruption initiative and good governance in country X.

RECOMMENDATION ANEEJ urges the Ad Hoc Committee to consider a provision in the international legal framework on asset recovery that acknowledge the possibility for independent body as indicated above to initiate the asset recovery process from country A, B, C, D and E. On the issue of information on asset recovered, ANEEJ strongly recommends that there should be a provision in the international legal framework on asset recovery that obligate member states to involve their country parliament and civil society to avoid reoccurrence of looting of asset. ANEEJ also calls for the establishment of a capacity within the United Nations to assist civil society and developing countries willing to embark on the process of asset recovery. The Ad Hoc Committee should consider the option of setting up and a CAPACITY FUND that will respond to both technical and financial inability of country X to recover their stolen assets.