Adopted: 11 July 2003
Signatories: 43 (as of 29 September 2008)
Ratifications: 27 (29 September 2008)
Entry into force: 5 August 2006
Open to: Member states of the African Union (53)
Website for updated information

The African Union (AU), founded in July 2002, is the successor organisation to the Organisation of African Unity (OAU). Modelled on the European Union (but currently with powers closer to the Commonwealth of Nations), its aims are to help promote democracy, human rights and development across Africa, especially by increasing foreign investment through the New Partnership for Africa's Development (NEPAD) program. Its first chairman was South African president Thabo Mbeki and it is currently chaired by President Olusegun Obasanjo of Nigeria. The AU covers the entire continent except for Morocco.

The AU Convention on Preventing and Combating Corruption was adopted by the heads of state at the African Union Summit held in Maputo on 11 July 2003. The AU Convention provides a comprehensive framework and covers a range of criminal offences including bribery (domestic or foreign), diversion of property by public officials, trading in influence, illicit enrichment, money laundering and concealment of property. It calls for measures on prevention, criminalisation, regional cooperation, mutual legal assistance and recovery of assets. It covers both public sector and private sector corruption, both supply and demand side. It is unique in containing mandatory provisions with respect to private-to-private corruption and on transparency in political party funding. It has not yet attained the number of ratifications required for entry into force. Other strong points of the AU Convention are mandatory requirements of declaration of assets by designated public officials and restrictions on immunity for public officials (Art. 7) The AU Convention also gives particular attention to the need for the media to have access to information (Art. 12)

The AU Convention provides for a Follow Up Mechanism involving an Advisory Board on Corruption within the African Union which is assigned a range of functions including research and collection of information, advice to governments and regularly reporting to the Executive Council on States Parties' progress in implementing the Convention drawing on annual reports to the Board by the various countries.

The obligations of the parties fall into the following categories:

1. Preventive measures: The AU has extensive provisions on the ways, means and standards for preventive measures in the public and private sectors. These include requirements in the public service of declarations of assets and establishment of codes of conduct. Also included are requirements of access to information, whistleblower protection, procurement standards accounting standards, transparency in the funding of political parties and civil society participation. It is also required to establish, maintain and strengthen independent national anti-corruption authorities.
2. Criminalisation: The AU Convention calls for criminalisation of a wide range of offences, including illicit enrichment, and contains a broad definition of the term public official. Moreover it includes offences relating both to public sector corruption and private sector (private-to-private) corruption.
3. International cooperation: The AU Convention also provides an international cooperation framework which has the potential to improve mutual law enforcement assistance within Africa. It also provides a framework for the confiscation and seizure of assets.

Apart from the provisions mentioned, the AU Convention contains a number of provisions quite unique among regional anti-corruption conventions - most of them are also not to be found in the UNCAC. In particular:

• Art 5(2) calls for States Parties to strengthen national control measures to ensure that the setting up and operations of foreign companies in the territory of the State Party shall be subject to the respect of the national legislation in force.
• Art 11 (2) calls for States Parties to establish mechanisms to encourage participation by the private sector in the fight against unfair competition, respect of tender procedures and property rights.
• Article 14 calls for minimum guarantees of a fair trial.
• Article 19, on the subject of international cooperation, calls on States Parties to1. Collaborate with the countries of origin of multinationals to criminalise and punish the practice of secret commissions and other forms of corrupt practices during international trade transactions
  2. Foster regional, continental and international cooperation to prevent corrupt practices in international trade transactions
  3. Encourage all countries to take legislative measures to prevent corrupt public officials from enjoying ill-acquired assets by freezing their foreign accounts and facilitating the repatriation of stolen or illegally acquired monies to the countries of origin.
  4. Work closely with international, regional and sub regional financial organisations to eradicate corruption in development aid and cooperation programmes by defining strict regulations for eligibility and good governance of candidates within the general framework of their development policy...

Download the summary overview for additional information about the AU Convention and its strengths and weaknesses.

For the full Convention text click here