Corruption Report Fingers Museveni

LLI, Kampala — A new report on corruption in Uganda names President Yoweri Museveni as one of those responsible for what it calls widespread "bribery, nepotism, and misuse of official positions and resources" in the country.

The report, published in Kampala on Monday, says that since Museveni came to power in 1986, "waves of scandals" have hit his administration.

"Members of his inner circle—from both military and cabinet—have been accused of theft and improper procurement of state resources by the media, civil society, the auditor general, and parliament," the report says.

But despite "many plans and relentless promises... corruption in Uganda remains pervasive at both low and high levels of public administration... Only one minister has ever been convicted of a corruption-related offense, a verdict that was overturned on appeal just after the president publicly offered to pay the defendant's legal costs."

The report is based on research by the New York-based advocacy group, Human Rights Watch, and the Lowenstein International Human Rights Clinic of Yale University earlier this year.
It notes that media attention often concentrates on the "big fish who got away" but that the solutions proposed rely on "technical responses."

"Those responses overlook what, based on past actions, can be described as the government's deep-rooted lack of political will to address corruption at the highest levels and importantly, to set an example- starting from the top - that graft will not be tolerated," the report goes on to say.

Among issues highlighted by the report:

• The president and Parliament "have failed to empower key institutions, either by failing to fill key vacancies or by failing to establish institutions..."
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• High-ranking officials whose offices have been implicated in corruption often remain in their positions while individuals under them have faced prosecution and, in some cases, jail.
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• Lack of protection for witnesses and prosecutors has resulted in a focus on "low-level corruption involving small sums of money, while the 'big fish' have continued to accumulate wealth and power."

The report adds: "In some Anti-Corruption Court cases involving well-connected individuals, senior officials have directed prosecutors to delay prosecution or prematurely try a case with incomplete or weak evidence.

"Investigators, prosecutors, and witnesses involved in such cases have been the targets of threats and requests for bribes.In some Anti-Corruption Court cases involving well-connected individuals, senior officials have directed prosecutors to delay prosecution or prematurely try a case with incomplete or weak evidence. Investigators, prosecutors, and witnesses involved in such cases have been the targets of threats and requests for bribes."

In a press release accompanying the report, Human Rights Watch said it was based on interviews with 48 people "with substantive knowledge of anti-corruption efforts in Uganda" and on reports from local activists, foreign development partners and the World Bank.

Corruption, financial crime and asset recovery focus of INTERPOL meeting in Nigeria-LLI

Legal link International,ABUJA, Nigeria – Senior investigators and prosecutors from West, East and Central Africa have come together in Nigeria to discuss ways to successfully identify, investigate and prosecute cases of corruption and related financial crimes at the 6th INTERPOL Global Programme on Anti-Corruption, Financial Crimes and Asset Recovery.

Organized by INTERPOL’s Anti-Corruption and Financial Crimes unit in coordination with the INTERPOL Regional Bureau in Abidjan and the Economic and Financial Crimes Commission (EFCC) of Nigeria, the five-day (7-11 October) meeting gathered some 60 participants from 16 countries to examine the latest tools and techniques for investigating different forms of corruption.

Topics covered included fraud, financial crimes, abuse of authority, corruption in procurement and contracting, corruption in the financial sector, abuse of public office, money laundering, auditing and computer forensics, asset recovery and the effective use of mutual legal assistance in international investigations.

Ibrahim Lamorde, Executive Director of the EFCC, highlighted the critical role of international police cooperation in successfully tackling corruption in Africa and beyond.
“Corruption on the scale in which we confront it today is hardly a simplistic, one-man criminal endeavour.

That is why we are devoting enormous resources to set up operational institutions, build legal architectures and drive through reform programmes. But these efforts will always come up short against determined criminals if they are not backed by inter-agency cooperation,” warned Mr Lamorde.

Presentations during the meeting – the first of its kind held in West Africa – focused on case studies, challenges to successful investigations, prosecutions of corruption cases and information specifically relevant to the African region, with practical exercises to assist participants in enhancing their skills and abilities.

“Corruption and financial crimes are growing security threats to our societies. Investigating corruption and financial crime requires better understanding of the crime,” said Inspector General of the Nigerian Police, Mohammed Abubakar.

“To stay ahead of the criminals, the law enforcement community needs to have the necessary resources, knowledge and well-developed partnerships with all stakeholders,” he concluded.

Delegates were also updated on an innovative new tool to enhance the fight against corruption: the INTERPOL Secure E-mail Capability – Asset Recovery (SECOM). For the first time within the anti-corruption community, SECOM will enable the instant and secure exchange of information and technical knowledge on corruption and related asset recovery.

In the field of asset recovery, INTERPOL works closely with the Stolen Asset Recovery (StAR) Initiative, run jointly by the World Bank and the United Nations Office on Drugs and Crime. The objectives of the INTERPOL-StAR partnership for the coming years in international asset recovery will be examined during the meeting.

Head of INTERPOL’s Anti-Corruption unit, Jaganathan Saravanasamy acknowledged “the prominent role played by the EFCC in the fight against corruption.”

“Corruption is a universal phenomenon; no country, no society is immune to it. The challenges to tackling corruption are immense and investigations into cases of corruption are often complex, therefore it is critical that law enforcement worldwide is equipped with the knowledge and skills to bring an end to this harmful crime,” said Mr Saravanasamy

INTERPOL’s Global Focal Point Platform connects registered anti-corruption practitioners worldwide and provides them access to a range of investigative tools and services, including contact details of their counterparts around the globe, legislative and judicial frameworks concerning asset recovery, all valid INTERPOL notices issued for corruption-related cases, and an ‘initial action checklist’ to assist with the first stages of an investigation. Some 170 national investigators and prosecutors from nearly 100 countries have been nominated as Focal Points

  

POSTED BY KIGGUNDU HENRY, THE DIRECTOR, LEGAL LINK INTERNATIONAL

Kenya: Fears of Graft As Kenya Govt Unable to Account for U.S.$3.6 Billion in Spending - Report

 

Kenya Revenue Authority Offices at the Times Tower Building is responsible for collecting income, customs, and excise tax.

 A third of the Kenya government's expenditures for the last financial year - some $3.6 billion - cannot be accounted for, local media reported, pointing to loopholes for the theft of public funds.

In the 2011/12 financial year report tabled in Parliament on Tuesday, auditor general Edward Ouko said accounting officers did not properly explain how 33 percent of the government's 920 billion Kenya shilling ($10.8 billion) expenditure was used.

"I was not able to establish whether expenditures reflected in these statements were incurred lawfully," he said in a report from Business Daily.

"We were very frustrated by their deliberate efforts to deny us information," our source quoted him as saying, referring to accounting officers' failure to provide documents to support their expenses.

Only 6 percent of financial statements were clean. Most had problems with unsupported expenditures, unauthorized spending, excess expenditures and failure by civil servants to surrender loans.

In September, the government came under fire for introducing a 16 percent value added tax (VAT) on basic foodstuffs, like milk, when millions of its citizens struggle to eat more than once a day.

The treasury is trying to raise cash to help plug a budget deficit of about $3.8 billion.

The International Monetary Fund has said that raising revenues is not enough. The quality and efficiency of public spending must also improve.

"We hope that the leakages will be investigated by the Ethics and Anti-Corruption Commission to ensure taxpayers start getting value," Michael Otieno of the National Taxpayers Association submitted.

Liberia: 'Democratic Freedom' Tested

Freedom, it is said, is not cheap and no nation achieved it without a price. In order for Liberia to get to this point of a seemingly enviable environment of freedom, others had to lay down their lives (peace be to their ashes). Since then, anxiety, paranoia remains high as to whether Liberia has fully reached the acme of understanding the quintessence of freedom and is therefore creating the environment for its exercise. That Liberians take advantage of radio talk shows to express their supports and opposition to the government is enough reasons for the existence of freedom of speech. Amidst the high tension of polarizations, the worst has happened: the reported arrest of pro- Ellen resign campaign. Isn't that a test of the hard-earned freedom? The New Republic looks ahead.

As other moments in the history of the country, yesterday, October 9, 2013 will be remembered as the day the freedom so hardly labored for by Liberians, was put to test maybe for the worst, when four officials from the Movement of Ellen Step-Down Campaign were reportedly picked up by men said to be government security agents.

As news of the arrest of these men inundated and this paper meandered to confirm same, an official of the group, Vendalark Patrick phoned in and explained that four members of the Movement, Mulbah Morlu, Julius Jensen, Pastor Mark Anderson, the spokesman of the group including another member had been arrested allegedly by some officers of the Liberia National Police (LNP) and the National Security Agency (NSA).

The information could not independently be verified as police spokesman, Sam Collins, dodged inquiries from this paper on the issue. But Power TV News quoted Mr. Sam Collins as saying that he is not aware of the alleged arrest of Mr. Morlue and others.

Without stating reasons for the reported arrest of Morlu and others, he said they were arrested around the Samoa's Bar vicinity in the Sinkor belt, which is located several miles away from the Roberts International Airport RIA in Margibi County, where President Sirleaf expected to touch down.

But a member of the Ellen Step-Down Movement, Emmanuel Gonquoi was quoted on Power TV news as saying that Mr. Morlu along with three other members of the Movement were allegedly arrested by some members of the Liberian National Police at the Samoa's Bar where they had gone to entertain themselves.

International newswire quoted Police Director Chris Massaquoi as mentioning the arrests while appearing on a Wednesday morning radio program.

He was quoted saying the suspects had been caught driving around Monrovia the day before, falsely announcing that Sirleaf had resigned.

He did not say how many were arrested, and police spokesman Sam Collins said the number was "not available to me."

Over the past months, the Movement for Ellen Step-Down Campaign has been campaigning, mobilizing and rallying Liberians to the cause of seeking the resignation of President Ellen Johnson Sirleaf on accounts of her "failure to fulfill her promises, to improve the livelihood of Liberians, massive corruption and other negative vices."

Days after the official launch of the "Ellen Step -Down Campaign" in the New Kru Community, a pro government group, Liberia for the Protection of Peace and Democracy (LPPD) was immediately introduced and launched in Monrovia.

The establishment of the LPPD also followed the dwindling of another pro-President still-on group, "Ellen Step Up Campaign," whose sole aim was to counteract the anti group.

Most Liberians denounced the formation of an organization comprised of government officials and hardcore supporters of the president when there is a peace initiative of which politician
George Weah is the head.

The LPPD has not responded to the criticisms coming from Liberians over the timing of it coming to being, rather it joined the bandwagon of mobilizing resources to welcome President Sirleaf back to Liberia.

According to information gathered by our source, while members of the Ellen Come Down Campaign were being hunted, pro-president groupings filled government owned and charted buses and sped to the RIA.

Our source who was at the RIA said employees from government ministries and agencies as well as ministers flocked the airport to receive the president.

Government's maneuvers

Since the announcement was made by the group, the Liberian government has been on the edge, maneuvering to restrain the anti-President from scoring any major victory.

Besides the facilitation of two counter-groupings, the government through the Liberia National two days ago announced series of stern security measures intended to curtail or control the movement of people to and fro the RIA.

More than that, police authorities stuttered on the issue of giving permit to either grouping to facilitate their movement.

Police chief Chris Massaquoi earlier told a local radio station that the Justice Ministry had forwarded a permit to the police for the pro-Ellen group, but his deputy discounted his claims minutes later, saying they did not receive any permit from the ministry.

Massaquoi said the roads to the airport would be closed "because of national security implications."

Who's Mulbah Morlu

He is a Liberian, who grew political knowledge in exile in Ghana. Upon his return to Liberia, Morlu embarked on a campaign that is yet to be materialized "the Establishment of a War Crimes Court in Liberia."

Morlu was arrested by National Security Agency ( NSA) officers for using invectives against the presidency but was later released reportedly on orders of the president.

Since them, he had been treading what many called controversial lines, taking up issues with the government and calling for public actions.

Vandalark Patrick

He is a newcomer on the activism scene, having made his name during the aborted April 12, anti government protest.

He and others had planned a major demonstration on April 12, 2013 but were swayed by government insiders.

Libya: Despite Government Efforts, Torture Widespread in Libya's Detention Centres - UN Report

                                                                                                       Photo: Lason Athanasiadis/UNSMIL

Torture continues to be widespread in Libya's detention centres, according to a United Nations report released today, which noted that some 27 people have died in custody in the past two years, with physical abuse cited as the cause.

The report, 'Torture and Deaths in Detention in Libya,' said that abuse of detainees persists despite the Government's efforts, and recommends swift action to transfer detainees held by armed brigades to State control, as well as renewed efforts to build the capacity of the criminal justice system.

"Torture is illegal, under any circumstance, with no exceptions," said UN High Commissioner for Human Rights Navi Pillay. "The situation of detainees in Libya is alarming and while there has been some progress, there is an urgent need to renew efforts to prevent torture, investigate allegations of torture and prosecute those responsible."

Ms. Pillay added that torture was a key tool of the previous repressive regime in Libya and called for full accountability for the crimes of the past and for ongoing abuses.


Torture is most frequent immediately after arrest and during the first days of interrogation to extract confessions and other information, according to the report. Detainees are usually held without access to lawyers and with only occasional, if any, access to families. The vast majority of the estimated 8,000 conflict-related detainees are also being held without due process.

Released jointly by the UN Support Mission in Libya (UNSMIL) and the Office of the UN High Commissioner for Human Rights (OHCHR), the report recorded 27 cases of death in custody, where significant information suggests that torture was the cause of death, since late 2011.

Eleven deaths in custody detailed in the report took place in 2013 in detention centres that are under the nominal authority of the Government but, in effect, are run by armed brigades which emerged during the 2011 revolution. In some cases, members of the armed brigades freely admitted, and even tried to justify, the physical abuse of detainees.

Since 2012, the Government has sought to bring armed brigades involved in detentions under the official authority of the State by affiliating them to specific ministries, even though in many cases the armed brigades have retained actual control of the detention centres.


In April, Libya also adopted a law criminalizing torture, enforced disappearances and discrimination, providing for terms of imprisonment ranging from five years to life, and in September this year, it adopted a new law on transitional justice which requires conflict-related detainees to be screened within 90 days.
The UN recommends that Libyan authorities and the armed brigades accelerate the process of handing over detainees to the control of State authorities, and in the meantime take measures to protect detainees against torture or other ill-treatment.

The report further recommends that Libyan authorities adopt a strategy to screen and, where appropriate, release or charge and prosecute conflict-related detainees, in implementation of the Law on Transitional Justice.

The report is based on information gathered first-hand during UNSMIL's visits to nearly 30 detention centres over two years, including information from detainees, family members, officials and civil society, as well as documentation such as medical reports.

The Special Representative of the Secretary-General for Libya and head of UNSMIL, Tarek Mitri, said that the prevailing situation of arbitrary detention and torture "runs against the very goals of the 17th of February Revolution of making a clean break with the systematic human rights violations of the former regime. In accordance with Libya's national priorities, all Libyans should unite to put an end to the abuse of detainees and contribute to establishing the rule of law in the country."