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Algeria

Section 4. Corruption and Lack of Transparency in Government

Authorities continued their anticorruption campaign against political, military, and security officials, as well as prominent business leaders from the Bouteflika era.

The law provides for criminal penalties of two to 10 years in prison for official corruption, but the government did not fully implement the law. Although Tebboune’s administration has emphasized rooting out corruption, it remained a problem, and officials sometimes engaged in corrupt practices with impunity.

Corruption: The government amended and repealed several articles in the Criminal Procedure Code to toughen anticorruption legislation. In December 2019 the government adopted new amendments aimed at protecting public funds through criminal proceedings and removing constraints on judicial police.

The government repealed the criminal code section stipulating that only the board of directors of the institution concerned may initiate charges related to theft, embezzlement, or loss of public and private funds against senior, public sector “economic managers.”

The government repealed four articles regulating criminal proceedings related to crimes involving public funds, and the role of the Military Security Service and Judicial Police in these investigations.

The government amended laws to clarify oversight of the Judicial Police. The previous language limited the Judicial Police’s ability effectively to investigate corruption cases and other criminal offenses. The law stipulates the legal protection, and therefore impunity, of leaders of economic enterprises.

On July 1, the Sidi M’Hamed court sentenced former prime ministers Ahmed Ouyahia and Abdelmalek Sellal to 12 years in prison after their convictions on corruption charges. Their cases involved illegal campaign financing during Bouteflika’s presidential campaigns. In the same proceedings, the court convicted eight additional former Bouteflika-era ministers and sentenced them to prison terms ranging from two to 20 years.

On July 1, businessman Ali Haddad received an 18-year sentence for “privileges, advantages and public contracts” and squandering public funds. The court confiscated Haddad’s assets and sentenced four of his brothers to four years in jail each. On November 3, an Algiers appellate court reduced Haddad’s prison sentence to 12 years, released a portion of his previously seized assets, and overturned the convictions of Haddad’s four brothers.

In April courts sentenced former police Director General Abdelghani Hamel, detained since July 2019, to 15 years in prison on corruption charges. Hamel used his position to obtain land and real estate for himself and his family in Tlemcen, Oran, Tipaza, and Algiers.

Financial Disclosure: The law stipulates that all elected government officials and those appointed by presidential decree must declare their assets the month they commence their jobs, if there is substantial change in their wealth while they are in office, and at the end of their term. Few government officials made their personal wealth public, and there was no known enforcement of the law.

On July 29, Tebboune dismissed the Minister of Labor Ahmed Chawki Fouad Acheuk Youcef. Although Tebboune did not state the reason for Acheuk Youcef’s dismissal, press reports alleged that he failed to declare overseas property.

Angola

Section 4. Corruption and Lack of Transparency in Government

On January 27, a new law on prevention and combatting of money laundering, financing of terrorism and proliferation of weapons of mass destruction was published. A new penal code was also published on November 11 directly regulating modern financial crimes and increasing penalties for corrupt officials, and will go into effect 90 days after the publication.

President Lourenco dismissed cabinet ministers, provincial governors, senior military officers, and other high-level government officials due to alleged corrupt practices. The PGR launched significantly more corruption investigations and brought criminal charges against several officials. Nonetheless, official impunity and the uniform application of anticorruption legislation remained a serious problem.

In August President Lourenco requested that the National Assembly review the new penal code to ensure it adequately penalizes corrupt activities. In a letter sent to the president of the National Assembly, Lourenco wrote that the penal code “may not be aligned with the current vision and pass a wrong message concerning crimes committed in the exercise of public functions.” Lourenco said he was concerned the new penal code could establish lower penalties for economic crimes, influence peddling, and public sector corruption.

Corruption: Government corruption at all levels was widespread, but accountability improved due to increased focus on developing better checks and balances and institutional capacity. In August the criminal chamber of the Supreme Court convicted Valter Filipe, the former governor of the National Bank of Angola, Jose Filomeno dos Santos (“Zenu”), the former chairman of Angola’s Sovereign Wealth Fund and son of former president Jose Eduardo Dos Santos, and two other partners of influence peddling, money laundering, and fraud. The court gave them sentences ranging from five to eight years in prison. Zenu and his codefendants transferred $500 million from the National Bank of Angola to a private bank account in the United Kingdom. All the defendants’ appeals to the plenary of the Supreme Court were denied.

In December 2019 the Luanda Provincial Court preemptively froze all in-country accounts and several assets owned by former first daughter Isabel dos Santos, her husband Sindika Dokolo, and businessman Mario Leite da Silva on suspicion that the assets, amounting to more than $1 billion, originated from state funds obtained unlawfully. Isabel dos Santos considered the seizure order to be “politically motivated” and said she would use “all the instruments of Angolan and international laws” to fight the order. To date she remains in exile and subsequently demonstrated willingness to negotiate with the Angolan government, something that President Lourenco denied would be an option.

The government commenced legal proceedings against Isabel dos Santos and her associates that aim to recover more than $1 billion in allegedly misappropriated state assets. In December 2019 the Luanda provincial court preemptively froze assets belonging to Isabel and her associates at Unitel, the country’s largest mobile-phone company, and in Banco de Fomento Angola (BFA), one of the largest private banks. In May the government filed criminal charges against Isabel dos Santos on suspicion of embezzlement of state funds while she was head of state-owned oil company Sonangol.

In July the PGR, through its National Service on Assets Recovery, seized three private commercial buildings in Luanda built with funds from state-owned oil company Sonangol. The PGR said the buildings belonged to the Riverstone Oaks Corporation, which is controlled by former vice president and president of Sonangol, Manuel Vicente, and the former director of Sonangol Real Estate and Properties, Orlando Veloso.

Government ministers and other high-level officials commonly and openly owned interests in public and private companies regulated by, or doing business with, their respective ministries. Laws and regulations regarding conflict of interest exist, but they were not enforced. Petty corruption among police, teachers, and other government employees was widespread. Police extorted money from citizens and refugees, and prison officials extorted money from family members of inmates.

Financial Disclosure: The law on public probity requires senior government officials, magistrates and public prosecutors as well as managers of public companies to declare their assets held domestically and abroad to the attorney general. The president and vice president were the first to submit their declarations in 2018. Asset declarations are only disclosed for criminal, disciplinary, and administrative purposes and require a judicial warrant.

According to the Ministry of Justice and Human Rights, the financial information of government officials was provided to the appropriate government office. The law treats these reports as confidential. Government officials are to make a declaration within 30 days of assuming a post and every two years thereafter. The law does not stipulate a declaration be made upon leaving office but states that officials must return all government property within 60 days.

Penalties for noncompliance with the law vary depending on which section of the law was violated, but they include removal from office, a bar from government employment for three to five years, a ban on contracting with the government for three years, repayment of the illicitly gained assets, and a fine of up to 100 times the value of the accepted bribe. The National Office of Economic Police is responsible for investigating violations of this law, as well as other financial and economic crimes, and then referring them to the financial court for prosecution. There were no known cases related to this law during the year.

Benin

Section 4. Corruption and Lack of Transparency in Government

The law provides for criminal penalties for corruption by officials, and the government sometimes implemented the law effectively; however, there were numerous reports of government corruption during the year, and officials frequently engaged in corrupt practices with impunity. It was commonly believed, and acknowledged by some judicial personnel, that the judicial system at all levels was susceptible to corruption.

Corruption: According to the newspaper Matin Libre, traffic police routinely solicited bribes from truckers in exchange for not enforcing the law against overloaded and unsafe vehicles.

The government took several actions during the year to combat corruption. For example, on July 22, the Council of Ministers ordered the dismissal of Port of Cotonou customs officers Zenoudine Ali Yerima and Sedekon Marc Maxime Kanho for fraud. Importers reportedly paid the two officers to undervalue goods listed in customs import declarations and to falsify other customs documents.

Financial Disclosure: On April 20, the National Assembly repealed a legal provision that required all elected and public officials to submit asset disclosure statements to the Supreme Court Audit Chamber upon assuming and departing office. Nevertheless, income and asset disclosure by elected and public officials as determined by the Council of Ministers continued to be required.

The legal provision removing the blanket asset disclosure requirement also removed the penalty for failure to submit an asset disclosure.

Botswana

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally sought to implement these laws effectively. Officials tasked with enforcement lacked adequate training and resources, however. Media reports of government corruption continued during the year. There were numerous reports of government corruption, including allegations tied to tenders issued by local governments for COVID-19 projects, such as renovating public facilities so that they complied with virus prevention measures and also in the acquisition of personal protective equipment. A 2019 poll by Transparency International found that 7 percent of those polled had paid bribes to government officials. This number grew from the 1 percent who reported paying bribes in a 2015 poll.

Corruption: In July former permanent secretary to Presidents Khama and Masisi Carter Morupisi and his wife stood trial on charges of abuse of office, money laundering, and receiving bribes. The government continued to investigate Isaac Kgosi, the country’s former chief of DISS, regarding alleged embezzlement at the National Petroleum Fund. In March, Kgosi was arraigned on charges of embezzlement. Trial procedures continued as of year’s end.

Financial Disclosure: In August 2019 parliament passed a bill requiring declaration of assets and liabilities by members of parliament. A 2009 presidential directive requires all cabinet ministers to declare their interests, assets, and liabilities to the president. There were no cases reported where a declaration was questioned or sanctions imposed.

Burkina Faso

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. Throughout the year the press reported cases of misappropriation, fraud, or other offenses. The NGO National Network for Anti-Corruption cited the customs, police, and General Directorate of Land and Maritime Transport as the most corrupt entities in the government.

Corruption: Authorities opened an investigation of former minister of defense Jean-Claude Bouda for using government funds to build personal wealth. He was arrested in May 26 and provisionally released on October 22.

On June 14, Judge Narcisse Sawadogo was arrested on corruption allegations, as part of a broader judicial process involving Ouagadougou’s mayor Armand Beouinde. Charging documents stated the magistrate asked for financial compensation to help Beouinde avoid justice. Beouinde was accused of using taxpayer money to buy vehicles worth 4.6 billion CFA francs ($7.9 million) through a company in which he and his family had interests. Sawadogo was released on December 28 after the court ruled the offense of attempted fraud was not constituted.

Financial Disclosure: The law requires government officials–including the president, lawmakers, ministers, ambassadors, members of the military leadership, judges, and anyone charged with managing state funds–to declare their assets and any gifts or donations received while in office. On August 4, the Higher Authority of State Monitoring and the Fight against Corruption launched an electronic platform of declaration of interest and inheritance. The initiative, funded by the World Bank, was made available to government officials as well as members of certain institutions to declare their assets. The Constitutional Council is mandated to monitor and verify compliance with such laws and may order investigations if noncompliance is suspected. Disclosures are not made public, however, and there were no reports of criminal or administrative sanctions for noncompliance. On the eve of the 2020 presidential and legislative elections, National Assembly members elected in 2015 who had not complied with this law faced no sanctions.

In 2016 the Higher Authority for State Control and the Fight against Corruption extended the requirement to declare assets to include government officials’ spouses and minor children. Infractions are punishable by a maximum prison term of 20 years and substantial fines. The law also punishes persons who do not reasonably explain an increase in lifestyle expenditures beyond the 5 percent threshold set by regulation in connection with lawful income. Convicted offenders risk imprisonment for two to five years and a substantial fine. A 2016 law limits the value of a gift a government official may receive to 35,000 CFA francs ($60).

Burundi

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, yet corruption remained a very serious problem. The government did not fully implement the law, and some high-level government officials engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year. The constitution provides for the creation of a High Court of Justice to review accusations of serious crimes against high-ranking government officials. The anticorruption law also applies to all other citizens, but no high-ranking person has stood trial for corruption.

Corruption: The public widely viewed police to be corrupt, and petty corruption involving police was commonplace. There were also allegations of corruption in the government, including incidents related to the lack of transparency of budget revenue involving gasoline importation; the trading in influence and abuse of office or power; the mismanagement of public tenders and contracts, including in the health and mining sector; misappropriation of public funds; customs fraud; and the appropriation of the country’s limited foreign currency reserves to finance imports. The Burundian Revenue Office has an internal antifraud unit, but observers accused its officials of fraud.

The state inspector general and the Anticorruption Brigade were responsible for investigating government corruption but were widely perceived as ineffective. The Ministry of Interior and Public Security was charged to lead anticorruption efforts as part of President Ndayishimiye’s new anticorruption campaign. The ministry started a “zero tolerance toward corruption” campaign and put suggestion boxes in all commune offices and government ministries to allow the population to report corrupt activities. The minister of interior also set up a toll-free telephone number to allow citizens to report corruption and malpractice. Local media reported an increase in arrests related to corruption after the new government implemented these anticorruption measures. On July 19, police arrested local administrative officials and Imbonerakure members, accusing them of extorting workers who had returned during the year to the country from seasonal work in Tanzania. On July 24, more than 30 persons, including 20 police officers, were arrested on charges of corruption and extortion.

In December the Observatory for Fighting against Corruption and Funds Embezzlement, an NGO watchdog group, reported that more than 183 million Burundian francs (approximately $93,000) were diverted from an account in the Central Bank holding funds to support victims of torrential rains. The intended beneficiaries had not received any funds.

Financial Disclosure: The law requires financial disclosure by elected officials and senior appointed officials once every seven years but does not require the disclosures to be made public. The Supreme Court receives the financial disclosures. By law the president, prime minister, vice president, and cabinet ministers are obligated to disclose assets upon taking office, but the nonpublic nature of the disclosure meant compliance with this provision could not be confirmed.

Cabo Verde

Section 4. Corruption and Lack of Transparency in Government

The law provides penalties of up to 15 years’ imprisonment for conviction of corruption by officials, and the government generally implemented the law effectively.

Corruption: There were no reports of significant government corruption during the year.

Financial Disclosure: The law sets parameters for public officials to submit declarations of ownership interest, income, and family wealth, and it regulates public discussion of this information. These declarations should include any asset worth more than 500,000 escudos ($5,130). By law failure to submit a declaration is punishable by removal from office. The Supreme Court of Justice must approve public disclosure of financial declarations. When involved in criminal cases of alleged corruption, public officials must declare and prove the source of their income or wealth. The Supreme Court of Justice has responsibility for monitoring compliance with the law.

Cameroon

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. There were numerous reports of government corruption. Officials sometimes engaged in corrupt practices with impunity. The law identifies different offenses as corruption, including influence peddling, involvement in a prohibited employment, and nondeclaration of conflict of interest. Reporting corruption was encouraged through exempting whistleblowers from criminal proceedings. Corruption in official examinations is punishable by up to five years’ imprisonment, a substantial monetary fine, or both. In addition to the laws, the National Anticorruption Agency (CONAC), the Special Criminal Court, the National Financial Investigation Agency, the Ministry in Charge of Supreme State Audit, and the Audit Bench of the Supreme Court also contributed to fighting corruption in the country. CONAC, the most prominent of the anticorruption agencies, was constrained by the absence of a law empowering it to combat corruption. There were reports that senior officials sentenced to prison were not always required to forfeit ill-gotten gains.

In a prelude to World Anticorruption Day, CONAC on July 10 released a report, 2010-2020, A decade of fighting corruption in Cameroon: Achievements, that listed the most corrupt sectors in the country, including public procurement, finance, justice, and the security forces. CONAC further stated that with assistance from the Special Criminal Tribunal and the Supreme Court, it was able to help recover CFA 1.7 billion ($2.9 million) of government funds.

Corruption: There were consistent allegations of mismanagement of resources with respect to the funds raised to counter COVID-19. Social Democratic Front member of parliament Jean Michel Nintcheu raised the issue several times, challenging the health minister to prove the contrary. He expressed concerns that the money contributed by the public through a national solidarity fund was subject to corruption. He cited overbilling and conflicts of interests within the Ministry of Health.

In a June 12 release, Human Rights Watch urged the government to publish immediately information on the revenues, disbursements, and management of its Health Solidarity Fund, adding that health-care facilities had made mandatory contributions to the emergency fund for more than 25 years. Medical staff told Human Rights Watch that they believed the government had never disbursed any money from the fund, including in response to COVID-19, even though health-care facilities continued to contribute 10 percent of their revenues. Human Rights Watch announced that on May 11, it wrote to the health minister, inquiring about the rules governing the fund and its activities but had not yet received a response.

In September, after 18 months of investigation, the investigating judge at the Special Criminal Court accused former defense minister Edgar Alain Mebe Ngo of embezzling CFA 236 billion ($4.1 million) as part of the purchase of military equipment for the army. Mebe Ngo and his wife have been awaiting trial at the Kondengui Central Prison since their arrest.

The government continued Operation Sparrow Hawk that was launched in 2006 to fight embezzlement of public funds. As in the previous year, the Special Criminal Court opened new corruption cases and issued verdicts on some pending cases. The National Gendarmerie maintained a toll-free telephone line to allow citizens to report acts of corruption in the Gendarmerie.

Financial Disclosure: The constitution requires senior government officials, including members of the cabinet, to declare their assets prior to and after leaving office, but the government did not implement the law.

Central African Republic

Section 4. Corruption and Lack of Transparency in Government

Although the law provides criminal penalties for corruption by officials, the government did not effectively implement the law, and officials often engaged in corrupt practices with impunity. In 2017 President Touadera issued a decree appointing members of the High Authority for Good Governance, an independent body mandated by the constitution. It is charged with protecting the rights of minorities and those with disabilities and ensuring the equitable distribution of natural resource revenues. In December 2019 President Touadera launched the National Good Governance Strategy.

Corruption and nepotism have long been pervasive in all branches of government, and addressing public-sector corruption was difficult in view of limited government capacity.

Corruption: No corruption cases were brought to trial. There were widespread rumors and anecdotal stories of pervasive corruption and bribery. In February an audio recording circulated on social media alleging fraud during the vote of state budget by the national assembly. The fraud was allegedly orchestrated by the first vice president of the national assembly. The CAR government took no legal actions.

Financial Disclosure: The constitution requires senior members of the executive, legislative, and judicial branches at the beginning of their terms to declare publicly their personal assets and income to the Constitutional Court. The constitution specifies that the law determine sanctions for noncompliance. Declarations are public. The constitution requires ministers to declare their assets upon departing government but is not explicit on what constitutes assets or income.

As of September there was no evidence that any ministers declared their assets.

Chad

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but authorities did not implement the law effectively, and corruption was pervasive at all levels of government.

According to Freedom House’s Freedom in The World 2020 report, corruption, bribery, and nepotism “are endemic” and prominent journalists, labor leaders, and religious figures faced harsh reprisals for speaking out, including arrest, prosecution, and exile. According to Freedom House, prosecutions of high-level officials were widely viewed as selective efforts to discredit those who posed a threat to the president or his allies.

Corruption: There were reports of selective investigation of government officials.

Corruption was most pervasive in government procurement, the awarding of licenses or concessions, dispute settlement, regulation enforcement, customs, and taxation. Judicial corruption was a problem and hindered effective law enforcement. Security forces arbitrarily arrested travelers on pretexts of minor traffic violations to generate bribes.

On September 4, authorities jailed former oil minister Djerassem Le Bemadjiel, charging him with numerous offenses including embezzling public funds, illicit use of state property, and corruption. Local media suggested his arrest and detention was politically motivated because of his alleged link with the Les Transformateurs political party. Social media users demanded other former ministers with serious allegations against them of embezzlement and illicit enrichment also be investigated.

Financial Disclosure: Public officials are subject to financial disclosure laws, but the laws do not specify sanctions for noncompliance, and declarations were not made available to the public.

Comoros

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity.

The National Commission for Preventing and Fighting Corruption (CNPLC) was an independent administrative authority established to combat corruption, including through education and mobilization of the public. In 2016 the president repealed the provisions of the law that created the commission, citing its failure to produce any results. The Constitutional Court subsequently invalidated this decision, noting that a presidential decree may not overturn a law. Nevertheless, the president has neither renewed the commissioners’ mandates nor appointed replacement members.

Corruption: Resident diplomatic, UN, and humanitarian agency personnel reported petty corruption was commonplace at all levels of the civil service and security forces. Businesspersons reported corruption and a lack of transparency. Citizens paid bribes to evade customs regulations, to avoid arrest, and to obtain falsified police reports.

In April 2019 the court in Moroni heard embezzlement charges against former finance minister Mohamed Bacar Dossar, former vice president in charge of finance Mohamed Ali Soilihi, and former president Ahmed Abdallah Sambi. Sambi remained under arrest, while the others were told they could not leave the country until after the trial. As of December the court proceedings continued.

Financial Disclosure: The law requires high-level officials at national and island levels to declare their assets prior to entering office. The submission of a disclosure is made public, but the disclosure itself is not. Failure to comply is punishable by fines and up to two years’ imprisonment. In 2016 the CNPLC reported that all officials subject to the law filed financial disclosures; however, the mandates of CNPLC commissioners have not been renewed since 2017, and it was unclear whether any other organization had taken on the oversight role.

Côte d’Ivoire

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials were reported to engage frequently in corrupt practices with impunity. Human rights organizations reported official corruption, particularly in the judiciary, police, and security forces, but noted that victims of such corruption often did not report it or assist in investigations, fearing retaliation. In September 2019 the High Authority for Good Government (HABG), a government anticorruption authority, issued a communique announcing measures to end unauthorized charges for the delivery of administrative documents. Civil society groups and government officials reported the HABG was not empowered to act independently or to take decisive action. The HABG can make recommendations, but the public prosecutor must decide to take up a case. Additionally, the constitutionally mandated High Court of Justice to judge members of government, including the president and vice-president, for crimes committed during the exercise of their official functions has not been established.

Corruption: Human rights organizations reported government authorities awarded many contracts to persons or businesses without following procurement rules and often with little notice. In July 2019 the government endorsed a new public-procurement code to increase the transparency of the public-procurement process. In August the government’s public procurement regulatory authority launched an EU-funded audit program to investigate more than 200 sole-source public procurements that occurred between 2014 and 2017.

Financial Disclosure: A presidential decree requires the head of state, ministers, heads of national institutions, and directors of administration to disclose their income and assets. The HABG requires public officials to submit a wealth declaration within 30 days of the beginning of their term in office. The declaration is confidential, but the list of those who declared their wealth is publicly accessible in the official government journal. Officials who did not comply or provided a false declaration faced substantial fines. There were no cases during the year when the veracity of a declaration was questioned or sanctions employed. The procedures for reviewing the declaration of assets were not included in the implementing decree. The law requires the HABG to retain declarations of assets for at least 10 years.

Democratic Republic of the Congo

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. Local NGOs blamed these levels of corruption, in part, to the lack of a law providing for access to public information.

In March, President Tshisekedi created the Agency for the Prevention and Fight against Corruption (APLC). A special service under the Office of the President, the APLC is responsible for coordinating all government entities charged with fighting corruption and money laundering, conducting investigations with the full authority of judicial police, and overseeing transfer of public corruption cases to appropriate judicial authorities.

Corruption: Corruption by officials at all levels as well as within state-owned enterprises continued to deprive state coffers of hundreds of millions of dollars per year. In an interview on social media in April, former presidential corruption advisor Luzolo Bambi and Director of the Congolese Association for Access to Justice Georges Kapiamba alleged that the government lost approximately $15 billion per year due to corruption.

On March 23, the Court of Cassation convicted former minister of health Oly Ilunga Kalenga and his financial advisor Ezechiel Mbuyi Mwasa of embezzling $400,000 in funds intended for the Ebola outbreak response. Both were sentenced to five years in prison.

On June 20, Vital Kamerhe, the chief of staff to President Tshisekedi, was convicted by a Kinshasa court of a range of charges, including embezzlement of public funds, money laundering, and corruption. Kamerhe was sentenced to 20 years in prison, fined several million dollars, and stripped of the right to vote and hold public office for 10 years after serving his sentence. The court found Kamerhe responsible for embezzling tens of millions of dollars earmarked for President Tshisekedi’s 100 Days infrastructure development program. Two codefendants were also found guilty on corruption charges: Lebanese businessman Jammal Samih and presidency advisor on import/export matters Jeannot Muhima. Kamerhe’s sentence was the highest-level conviction of a public servant in the country’s history.

On June 23, the same Kinshasa court convicted two government officials–Benjamin Wenga, director of the Office of Roads and Drainage, and Fulgence Bamaros, director of the National Road Maintenance Fund–of embezzlement. Both Wenga and Bamaros were sentenced to three years in prison for their role in misappropriating funds from Tshisekedi’s 100 Days program. A codefendant, director of the Congolese Construction Company Modese Makabuza, was found guilty of complicity and sentenced to one year of forced labor.

Office of Roads Director Herman Mutima was imprisoned for nearly six months due to corruption allegations related to the 100 Days program. On August 22, he was acquitted by a Kinshasa court and released from jail.

In January the Congolese Association for Access to Justice released a report accusing parastatal mining company Gecamines of failing to repay a $222 million loan from Fleurette Mumi, a company owned by sanctioned businessman Dan Gertler. Reuters reported that prosecutors were investigating possible money laundering and fraud related to the 2017 loan, and Yuma was barred from leaving the country. In a May Council of Ministers meeting, President Tshisekedi instructed the minister of portfolio to submit a detailed report on the allegations. As of November the investigation continued.

Elements of the SSF were undisciplined and corrupt. PNC and FARDC units regularly engaged in illegal taxation and extortion of civilians. They set up checkpoints to collect “taxes,” often stealing food and money and arresting individuals who could not pay bribes. The UNJHRO reported that during the COVID-19 state of emergency, the SSF took advantage of government restrictions to mistreat and extort civilians for not observing orders on curfew or wearing masks.

The law prohibits the FARDC from engaging in mineral trade, but the government did not effectively enforce the law. Criminal involvement by some FARDC units and IAGs included protection rackets, extortion, and theft. The illegal trade in minerals was both a symptom and a cause of weak governance. It illegally financed IAGs and individual elements of the SSF and sometimes generated revenue for traditional authorities and local and provincial governments. A 2019 report from the International Peace Information Service (IPIS), a Belgian research group, determined that in the trading hub of Itebero, North Kivu Province, traders paid $10 per ton of coltan to the president of the local trading association, who distributed this money to the FARDC, ANR, and Directorate General for Migration. Individual FARDC commanders also sometimes appointed civilians with no overt military connection to manage their interests at mining sites covertly.

Artisanal mining remained predominantly informal and illicit and strongly linked to both armed groups and certain elements of the FARDC. Artisanal mining products, particularly gold, were smuggled into Uganda and Rwanda, often with the connivance of government officials. In June the UN Group of Experts reported that the country’s “gold sector remained vulnerable to exploitation by armed groups and criminal networks…” thereby hindering traceability programs and the viability of legal trading. The report highlighted that Ituri Province was a major source of smuggled gold found in Uganda. The Group of Experts determined that Mai Mai Yakutumba financed its activities through gold from sites in Misisi, in South Kivu Province. Similarly, Mai Mai Malaika profited from artisanal gold mining at the Namoya Mining site in Salamabila, in Maniema Province. The UN Group of Experts also reported that FARDC soldiers regularly accepted bribes from artisanal miners to access the Namoya site, which was owned by the Banro Mining Corporation. Mining experts and law enforcement officers interviewed in the report described natural resource-related crimes as “quick cash” and explained that violators often bribed law enforcement agencies to secure safe transit of illegal goods.

As of 2017 research by IPIS estimated 44 percent of artisanal mine sites in the east were free of illegal control or taxation from either elements of the SSF or IAGs, 38 percent were under the control of elements of the FARDC, and the remainder were under the control of various armed groups. In areas affected by conflict, both IAGs and elements of the SSF regularly set up roadblocks and ran illegal taxation schemes. In 2019 IPIS published data showing state agents regularly sold tags meant to validate clean mineral supply chains. The validation tags–a mechanism designed to reduce corruption, labor abuses, trafficking in persons, and environmental destruction–were regularly sold to smugglers.

A June report from the UN Group of Experts found armed groups regularly financed their activities through illegal mining. The report documented cases of certain FARDC units involved in the illegal exploitation of gold resources. In Fizi, South Kivu Province, the Kachanga mine was controlled by some FARDC members, who collected a daily fee from anyone entering the mine. According to the report, that money was sent to the military hierarchy of the 33rd military region. Members of the 3306th regiment also allegedly provided protection to gold dredging company Congo Bluant Minerals, in Mwenga and Shabunda, South Kivu Province, despite the company’s operations having been officially suspended in 2019.

The UN Group of Experts also reported that several armed groups, including Alliance of Patriots for a Free and Sovereign Congo, Mai Mai Nyatura, Force for the Defense of Human Rights, Mai Mai Malaika, and Mai Mai Yakutumba financed activities through the control of artisanal gold and coltan mining sites in North and South Kivu Provinces.

As in previous years, a significant portion of the country’s enacted budget included off-budget and special account allocations that were not fully published. These accounts facilitated graft by shielding receipts and disbursements from public scrutiny. The special accounts pertained to eight parastatal organizations that raised revenues that were not channeled through the government’s tax collection authorities. “Special accounts” are subjected to the same auditing procedures and oversight as other expenditures; however, due in large part to resource constraints, the Supreme Audit Authority did not always publish its internal audits, or in many cases published them significantly late. Under the Extractive Industries Transparency Initiative standard of 2016, the government is required to disclose the allocation of revenues and expenditures from extractive companies. In June 2019 the Extractive Industries Transparency Initiative board noted the country had made meaningful progress in its implementation of the 2016 standard but also expressed concern regarding persistent corruption and mismanagement of funds in the extractive sector.

In September local media reported that the financial inspector general was investigating the management of both the Bukangalonzo agroindustrial park and the Go-Pass airport tax, as part of its efforts to inform the population of extant cases of financial wrongdoing.

Financial Disclosure: The law requires the president and ministers to disclose their assets to a government committee. The president and all ministers and vice ministers reportedly did so when they took office. The committee had yet to make this information public.

Djibouti

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, but the government did not implement the law effectively, and officials engaged in corrupt practices with impunity. According to the World Bank’s most recent Worldwide Governance Indicators, government corruption was a serious problem.

Corruption: No known high-level civil servants were disciplined for corruption. Officials often engaged in corrupt practices with impunity. For example, an official from the president’s privately funded IOG Foundation was accused of extorting money from 200 families to finance public housing that was never constructed. The official was a close associate of the president’s wife. He absconded to Somaliland and only a low-level clerk was tried for the crime.

Financial Disclosure: Public officials are subject to financial disclosure laws, but they usually did not abide by the law.

Equatorial Guinea

Section 4. Corruption and Lack of Transparency in Government

While the law provides severe criminal penalties for official corruption, the government did not effectively implement the law. Officials frequently engaged in corrupt practices with impunity. There were numerous reports of government corruption, as the president and members of his inner circle continued to amass personal fortunes from the revenues associated with monopolies on all domestic commercial ventures, as well as timber and oil exports. Corruption at all levels of government was a severe problem.

According to Freedom House, the budget process was “opaque.” The government continued to improve fiscal transparency, including auditing state-owned enterprises and public debt using international accounting firms and publishing data on public-sector debt in the budget.

In July authorities arrested 13 officials of the treasury for allegedly stealing more than $500,000. As of November all awaited trial. In September authorities removed the minister and top leadership at the Ministry of Agriculture, Livestock, Forestry, and Environment for corruption because they did not stop illegal logging on the mainland.

Financial Disclosure: The constitution and law require public officials to declare their assets to the National Commission on Public Ethics, although no declarations were made public. The government did not effectively enforce the law. There are no formal procedures to control submission of asset disclosures and no penalties for noncompliance. In July the government ordered officials to declare their assets, effectively notifying the public that many public officials did not comply with the law.

Eritrea

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. Officials sometimes engaged in corrupt practices with impunity.

Corruption: Persons seeking executive or judicial services sometimes reported they obtained services more easily after paying a “gift” or bribe. Patronage, cronyism, and petty corruption within the executive branch were based largely on family connections and used to facilitate access to social benefits. Judicial corruption was a problem, and authorities generally did not prosecute acts such as property seizure by military or security officials or those seen as being in favor with the government.

There were reports of police corruption. Police occasionally used their influence to facilitate the release from prison of friends and family members.

Financial Disclosure: The law does not subject public officials to financial disclosure.

Eswatini

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and, in contrast with previous years, the government generally implemented the law effectively. There were isolated reports of government corruption during the year. Officials sometimes engaged in corrupt practices with impunity.

Corruption: Corruption continued to be a problem, most often involving personal relationships and bribes being used to secure government contracts on large capital projects. In contrast with previous years, prosecutors pursued corruption charges against several officials, including a prominent member of parliament, and a handful of senior current and former government officials. In March, Director of Social Welfare Moses Dlamini in the deputy prime minister’s office was arrested and charged with corruption, sexual harassment, and indecent assault after allegedly demanding sexual favors from a female subordinate as a quid pro quo for approving her participation in a training course in South Africa. In May the director of public prosecutions enrolled eight additional corruption cases, including one alleging that a prominent member of parliament had misappropriated more than six million emalangeni ($360,000) of public funds.

There were credible reports that a person’s relationship with government officials influenced the awarding of government contracts; the appointment, employment, and promotion of officials; recruitment into the security services; and school admissions. In contrast with previous years, authorities took action on some nepotism cases. In May, Thembinkosi Mamba, former principal secretary in the Ministry of Justice, was charged with corruption for allegedly awarding a contract valued at more than one million emalangeni ($60,000) to his fiancee.

Although parliament’s Public Accounts Committee was limited in its authority to apply and enforce consequences except by drawing public attention to potential corruption, it continued to pursue investigations, particularly those related to public spending, and received broad media attention for its efforts.

Financial Disclosure: The constitution prohibits government officials from assuming positions in which their personal interests are likely to conflict with their official duties. The constitution requires appointed and elected officials to declare their assets and liabilities to CHRPAI. The commission is mandated to monitor and verify disclosures. There are criminal and administrative sanctions for noncompliance. Sanctions for failure to disclose assets and conflicts of interest include removal from office, disqualification from holding a public office for a period determined by a court, and confiscation of any property illegitimately acquired during tenure in office. According to the commission, the majority of those required to declare assets and liabilities did so, but the commission suspected underreporting in some cases. The commission did not make this information public.

Ethiopia

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption. The government did not implement the law effectively or comprehensively. The government enacted new policies to hold government officials more accountable. There were isolated reports of government corruption. Officials sometimes engaged in corrupt practices with impunity.

On August 18, the Ethics and Anti-Corruption Commission and the Ethiopian Financial Intelligence Center signed a Memorandum of Understanding to increase coordination by allowing the two agencies to better identify money laundering, terrorism financing, and other financial crimes that support corruption.

On April 7, the country enacted the 2020 Federal Administrative Procedure Proclamation (APP). This is the country’s first law to allow ordinary citizens to appeal to the federal courts to review the legality of federal agency actions, decisions, and rules. The APP is intended to advance federal agencies’ transparency and accountability by allowing citizens seeking administrative redress to file suits in federal courts against federal agencies if those agencies fail in their core missions. Citizens may seek monetary compensation in addition to asking agencies to comply with the law.

Corruption: In late September federal police arrested Ministry of Education officials Mekonnen Addis, Eshetu Asfaw, Taye Mengistu, and Nigusse Beyene for corrupt procurement resulting in a loss of 280 million birr ($7 million) and the production of books not meeting the requirements of the bidding contract. Police confiscated foreign and local currency from the houses of these four members of the bidding committee. Police also blocked bank accounts of the relatives of the four individuals.

The government also continued to prosecute the former director general of the state-owned Metal and Engineering Corporation, Kinfe Dagnew, who was arrested in 2018. Prosecutors and investigators uncovered suspicious procurement practices involving more than 80 billion birr ($2 billion). In January 2019 Kinfe was charged with four counts of corruption at the Lideta High Court in Addis Ababa. The trial continued at year’s end.

Financial Disclosure: The country’s Ethics and Anti-Corruption Commission strengthened their anticorruption policies and enforcement by creating a process for civil servants to report their assets. Before August the commission focused its training on top officials and expanded its training to make staff familiar with the reporting guidelines. By August 24, the majority of legislators registered and declared their assets to the commission. On August 28, the commission sent police a list of 184 federal and Addis Ababa government officials who failed to register their assets and who could face criminal charges.

Gabon

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials, but the government did not implement the law effectively. According to media and NGOs, officials frequently engaged in corrupt practices with impunity. Some police were inefficient and corrupt. There were reports of police, gendarmes, and military members seeking bribes to supplement their salaries, often while stopping vehicles at legal roadblocks to check vehicle registration and identity documents. In July taxi drivers demonstrated to protest police harassment, including exacting bribes.

According to reports from the African immigrant community, in order to exact bribes, police and other security force members often detained and falsely accused noncitizen Africans of lacking valid resident permits or identification documents.

In 2016 the government launched an anticorruption campaign. A number of former officials, including a vice president, ministers, and agency directors, were arrested on corruption charges. The former minister of economy and presidential advisor Magloire Ngambia and former minister of petroleum and hydrocarbons Etienne Dieudonne Ngoubou were arrested and charged with corruption. In 2018 Ngoubou was released on bail; he had yet to be tried by year’s end. On September 24, Ngambia was convicted of embezzlement of public funds. He was fined and sentenced to time served in pretrial detention.

Corruption: There were numerous reports of corruption by government officials during the year. For example, in September Mayor Leandre Nzue of Libreville and several city officials were arrested and charged with embezzlement and money laundering. Other government officials charged with corruption included former presidential chief of staff Brice Laccruche, several former ministers, and the director general of the Merchant Marine. None had been tried by year’s end.

Financial Disclosure: The law requires executive-level civil servants and civil servants who manage budgets to disclose their financial assets to the National Commission against Illicit Enrichment within three months of assuming office. Most officials complied, but some attempted to withhold information. The government did not make these declarations available to the public. There are administrative sanctions for noncompliance, but authorities did not provide information regarding enforcement.

Gambia

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by government officials, and the government generally implemented the law.

Financial Disclosure: The law requires income and asset disclosure statements from both appointed and elected public officials; however, it does not stipulate sanctions for noncompliance. No government agency is mandated to monitor and verify financial disclosures. Declarations are not released to the public.

Ghana

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by government officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. There were numerous reports of government corruption. Corruption was present in all branches of government, according to media and NGOs.

The government took steps to implement laws intended to foster more transparency and accountability in public affairs. Authorities commissioned the Right to Information (RTI) secretariat in July to provide support to RTI personnel in the public sector; however, some civil society organizations stated the government had not made sufficient progress implementing the law.

The country continued use of the national anticorruption online reporting dashboard, for the coordination of all anticorruption efforts of various governmental bodies.

Corruption: In June, President Akufo-Addo directed Auditor General Daniel Yao Domelevo to take accumulated leave and hand over control of the office to his deputy. Domelevo, an outspoken critic of corruption, had clashed with officials and pursued prominent corruption cases. After Domelevo challenged the constitutionality of the order, the president extended the leave. In October a group of nine civil society organizations sued the president to safeguard the independence of the auditor general office. The Audit Service Board investigated Domelevo and in November forwarded a report to the Audit Committee alleging irregularities in Domelevo’s foreign travel.

In October, President Akufo-Addo fired the CEO of the Public Procurement Authority, who had been shown on videotape in 2019 as having conflicts of interest in the award of government contracts. In November, Special Prosecutor Martin Amidu resigned, alleging the government did not provide adequate resources for his office to execute its mandate and complaining that public officials did not cooperate with his work, particularly suspected corruption in the Akufo-Addo administration connection to Agyapa Limited Royalties. Prior to Amidu’s resignation, civil society criticized the structure and positioning of the Office of the Special Prosecutor (OSP) under the attorney general, suggesting the OSP’s reporting structure meant it could not be fully independent. In November the OSP released a report on the Agyapa case, its sole report during Amidu’s tenure. Observers expressed frustration that the OSP did not investigate more cases.

In November, Special Prosecutor Martin Amidu resigned, alleging the government did not provide adequate resources for his office to execute its mandate and complaining that public officials did not cooperate with his work, particularly suspected corruption in the Akufo-Addo administration connection to Agyapa Limited Royalties. Prior to Amidu’s resignation, civil society criticized the structure and positioning of the Office of the Special Prosecutor (OSP) under the attorney general, suggesting the OSP’s reporting structure meant it could not be fully independent. In November the OSP released a report on the Agyapa case, its sole report during Amidu’s tenure. Observers expressed frustration that the OSP did not investigate more cases.

According to the government’s Economic and Organized Crime Office as well as Corruption Watch, a campaign steered by the Ghana Center for Democratic Development, the country lost 9.7 billion cedis ($1.9 billion) to corruption between 2016 and 2018 in five controversial government contracts with private entities. In October 2019 the deputy commissioner of the Commission on Human Rights and Administrative Justice (CHRAJ) stated that 20 percent of the national budget and 30 percent of all government procurement were lost to corruption annually.

Financial Disclosure: The constitution’s code of conduct for public officers establishes an income and asset declaration requirement for the head of state, ministers, cabinet members, members of parliament, and civil servants. All elected and some appointed public officials are required to make these declarations every four years and before leaving office. The CHRAJ commissioner has authority to investigate allegations of noncompliance with the law regarding asset declaration and take “such action as he considers appropriate.” Financial disclosures remain confidential unless requested through a court order. Observers criticized the financial disclosure regulation, noting that infrequent filing requirements, exclusion of filing requirements for family members of public officials, lack of public transparency, and absence of consequences for noncompliance undermined its effectiveness.

Guinea

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption, but the government but did not implement the law effectively. There were multiple allegations of corrupt practices by public officials that went unpunished.

Corruption: Authorities prosecuted very few cases, and even fewer resulted in convictions. Allegations of corruption ranged from low-level functionaries and managers of state enterprises to ministers and the presidency. Officials allegedly diverted public funds for private use or for illegitimate public uses, such as buying expensive vehicles for government workers. Land sales and business contracts generally lacked transparency.

In August the public prosecutor’s office announced the results of an investigation into the embezzlement of more than $51 million in public funds by two senior civil servants working for the Regulatory Authority for Posts and Telecommunications. The two civil servants, who were arrested and held pending prosecution, created fake service delivery invoices dating back to 2010 for a project managing incoming international calls.

Business leaders asserted regulatory procedures were opaque and facilitated corruption.

Financial Disclosure: Public officials are required to file a nonpublic financial disclosure statement, but this requirement was not universally respected. There are sanctions for nondisclosure, but they were not applied.

Guinea-Bissau

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties of one month to 10 years in prison for corruption by officials. The government did not implement the law effectively, and officials in all branches and on all levels of government engaged in corrupt and nontransparent practices with impunity.

Corruption: Members of the military and civilian administration reportedly trafficked in drugs and assisted international drug cartels by providing access to the country and its transportation infrastructure. For example, a Mexican citizen and a Bissau-Guinean remained at large despite having been convicted and sentenced to prison on January 7, reportedly because of assistance from members of the government. In September the Judicial Police arrested the former migration services director for interference in a drug raid in the International Airport Osvaldo Vieira in March. He was at home awaiting trial. Since taking office President Sissoco has dismissed two of the leading figures in the fight against drug trafficking, former minister of justice Rute Monteiro and Judicial Police director Filomena Mendes Lopes. Monteiro fled the country, citing death threats. Sissoco and other members of the government stated their desire to eliminate drug trafficking, but the government did not prosecute cases during the year.

Some military and civilian authorities were also complicit in trafficking in illegally cut timber. In November the Judicial Police seized a large quantity of logs cut illegally in the country’s national forest. The timber had been cut by a company in which Prime Minister Nuno Nabiam allegedly had financial interests. In December the Judicial Police requested that the Prosecutor’s Office question the prime minister regarding his participation in illegal logging and sale of timber. The interior minister and National Guard commander were also reportedly under investigation. As of year’s end, the Prosecutor’s Office had not filed charges.

Financial Disclosure: By law high-level public officials are required to disclose their personal finances before the Court of Audits, and these disclosures are to be made public. The court has no authority to enforce compliance, and penalties are not specified for noncompliance. By year’s end no public officials had disclosed their personal finances.

Kenya

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption. Despite public progress in fighting corruption during the year, the government did not implement relevant laws effectively. Officials frequently engaged in allegedly corrupt practices with impunity.

Corruption: During the year the Ethics and Anti-Corruption Commission (EACC) initiated investigations and prosecutions of high-level cases involving six county governors and dozens of national government and parastatal officials with ties to the ruling party and to the political opposition. A landmark ruling in 2019 bars county governors from accessing their offices until their corruption cases are concluded. One governor was indicted and impeached by the county assembly while his case continued in the courts. The EACC was also investigating high-level procurement irregularities at the Kenya Medical Supplies Agency, a state agency with the sole mandate of procuring medications and equipment for government health centers. The investigations involved procurement of personal protective equipment at inflated costs and probed the alleged disappearance of personal protective equipment and other equipment donated to the country. These investigations and prosecutions continued at year’s end.

The public continued to perceive corruption as a severe problem at all levels of government. A 2019 survey by Transparency International found 45 percent of respondents had paid a bribe, compared with 37 percent in the previous 2015 survey. Police and authorities issuing identification documents were cited the most for taking bribes. Corruption had increased according to 67 percent of respondents, and 71 percent believed the government was doing a poor job of combating corruption, unchanged from the results of Transparency’s 2015 poll.

In January 2019 President Kenyatta appointed a new chief executive officer of the EACC, who introduced a new approach to tackling corruption that prioritized high-impact cases, systems reviews, assets recovery, and public communication. In the commissioner’s first year in office, the EACC secured 44 convictions, one of the highest tallies in its 17 years of existence, and recovered assets of more than three billion shillings ($30 million), exceeding what had been recovered over the previous five years combined. At the end of 2019, the EACC reported 407 criminal corruption cases and 778 civil cases pending in court. Officials from agencies tasked with fighting corruption, including the EACC, the ODPP, and judiciary, were also subjects of corruption allegations.

The EACC has the legal mandate to investigate official corruption allegations, develop and enforce a code of ethics for public officials, and engage in public outreach on corruption. The EACC, however, lacks prosecutorial authority and must refer cases to the ODPP to initiate prosecutions. During the year the ODPP established a multiagency team tasked with collaboration on investigations and prosecution of high-profile organized crimes like corruption. Operational conflict, however, between the ODPP and Directorate of Criminal Investigations with regards to which office can initiate investigations and deliver files to court resulted in the delayed prosecution of the Kenya Ports Authority managing director on corruption allegations.

The government took additional steps during the year to combat corruption, including increasing the number of investigations and prosecutions. The government made limited progress on other commitments, including adoption of international anticorruption standards and digitization of government records and processes. Because courts had significant case backlogs, cases could take years to resolve.

Police corruption remained a significant problem. Human rights NGOs reported police often stopped and arrested citizens to extort bribes. Police sometimes jailed citizens on trumped-up charges or beat those who could not pay the bribes. During police vetting conducted by the National Police Service Commission (NPSC) in recent years, many police officers were found to have the equivalent of hundreds of thousands of dollars in their bank accounts, far exceeding what would be possible to save from their salaries. Mobile money records showed some officers also transferred money to superior officers.

The judiciary and the National Police Service continued measures to reform the handling of traffic cases by police and courts, streamlining the management of traffic offenses to curb corruption. Despite this progress, no senior police official was convicted or jailed for corruption-related offenses during the year.

Financial Disclosure: The law requires all public officers to declare their income, assets, and liabilities to their “responsible commission” (for example, the Parliamentary Service Commission in the case of members of parliament) every two years. Public officers must also include the income, assets, and liabilities of their spouses and dependent children younger than 18. Failure to submit the declaration as required by law or providing false or misleading information is punishable by a substantial fine or imprisonment for a term not exceeding one year or both. Information contained in these declarations was not readily available to the public, and the relevant commission must approve requests to obtain and publish this information. Any person who publishes or otherwise makes public information contained in public officer declarations without such permission may be subject to imprisonment for up to five years, a fine, or both. Authorities also required police officers undergoing vetting to file financial disclosure reports for themselves and their immediate family members. These reports were publicly available.

The law requires public officers to register potential conflicts of interest with the relevant commissions. The law identifies the interests public officials must register, including directorships in public or private companies, remunerated employment, securities holdings, and contracts for supply of goods or services, among others. The law requires candidates seeking appointment to nonelected public offices to declare their wealth, political affiliations, and relationships with other senior public officers. This requirement is in addition to background screening on education, tax compliance, leadership, and integrity. Many officials met these requirements and reported potential conflicts of interest. Authorities did not strictly enforce ethics rules relating to the receipt of gifts and hospitality by public officials.

There were no reported challenges to any declarations of wealth–which normally are not made public–filed by public officials. The requirement for asset and conflict of interest declarations was suspended by a 2018 Public Service Commission memo. The memo was issued after the commission’s engagement with government stakeholders indicated a need for clarity on completing the assets registry. The Public Service Commission’s suspension of the requirement led to inconsistency in the application of the directive, with some institutions requiring declarations while others did not.

Lesotho

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials. The government did not implement the law effectively, and some officials engaged in corrupt practices with impunity.

Corruption: There were numerous reports of government corruption similar to the following examples. On January 28, the Directorate on Corruption and Economic Offences (DCEO) charged former minister of gender Mahali Agnes Phamotse of corruption regarding the alteration of tender documents in favor of domestic companies Epic printers and Molumeli (Pty) Ltd for the provision of high school textbooks in 2015. On July 30, the Lesotho Times reported that the Office of the Auditor General was auditing the National Emergency Command Center–set up to combat the spread of COVID 19–for paying inflated prices to suppliers. The newspaper report added that the DCEO had also launched an investigation into possible criminal charges.

Financial Disclosure: The law requires appointed and elected officials to disclose income and assets and prohibits false or misleading declarations. The declaration regime identifies the assets, liabilities, and other financial interests public officials must declare. Officials must file their declarations annually by April 30. Some ministers and ministry staff declared their assets and potential conflicts of interest. On June 29, Prime Minister Majoro declared his assets and interests.

The law provides for disciplinary measures and criminal penalties for conviction of willful noncompliance and mandates that the DCEO monitor and verify disclosures. The DCEO claimed it could not effectively implement the law because it lacked adequate resources. It did not audit or question the veracity of any declaration during the year.

The law does not require public declarations or that officials file declarations upon leaving office.

Liberia

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for bribery, abuse of office, economic sabotage, and other corruption-related offenses committed by officials, but the government did not implement the law effectively. There were numerous reports of government corruption. Officials frequently engaged in corrupt practices with impunity.

The mandate of the Liberia Anti-Corruption Commission (LACC) is to prevent, investigate, and prosecute cases of corruption among public officials. In March, President Weah appointed the current LACC chairman, Ndubuisi Nwabudike, as chairman of the NEC, ahead of the December 8 midterm senatorial elections. Amid questions surrounding Nwabudike’s Liberian nationality, the president withdrew his nomination to the NEC, but Nwabudike remained the head at the LACC. On June 19, the LNBA) announced it had expelled the LACC chairman after establishing that he fraudulently presented himself as a Liberian to obtain membership with the LNBA.

Corruption: Following an investigation by the LACC, on June 2, a grand jury indicted Senate Secretary Nanborlor Singbeh, as well as former officials of the National Investment Commission, for defrauding two Czech investors of approximately five million dollars in a gravel production business. Singbeh was charged with economic sabotage, theft of property, forgery, and criminal conspiracy. Singbeh allegedly used his position to obtain a government investment incentive package, which he used unlawfully to import vehicles and equipment for personal gain. On June 29, court officers of Criminal Court C arrested Singbeh. The case remained pending before the court at year’s end.

In June 2019 a grand jury indicted 10 persons, including House of Representatives Edward W. Karfiah and Josiah M. Cole, following an investigation by the LACC into corruption related to construction of the Bong County Technical College. According to the press release, the individuals were accused of using fraud to embezzle approximately $2.7 million in county development funds. According to media reports, former speaker of the house Alex Tyler was listed in documents as owning 7.5 percent of the company contracted to build the college; Tyler was Speaker of the House of Representatives at the time of the alleged scheme, and funds from the national budget were allocated to the project despite a lack of visible progress.

Libya

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials. The government did not implement the law effectively, and officials reportedly engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year, but, as in 2019, no significant investigations or prosecutions occurred.

The 2011 Constitutional Declaration states that the government shall provide for the fair distribution of national wealth among citizens, cities, and regions. The government struggled to decentralize distribution of oil wealth and delivery of services through regional and local governance structures. There were many reports and accusations of government corruption due to the lack of transparency in the GNA’s management of security forces, oil revenues, and the national economy. There were allegations that officials in the GNA submitted fraudulent letters of credit to gain access to government funds. The LNA-orchestrated shutdown of the country’s oil sector from January to September further disrupted the distribution of revenues.

Corruption: Internal conflict and the weakness of public institutions undermined implementation of the law. Officials frequently engaged in corrupt practices with impunity, such as graft, bribery, and nepotism. There were numerous reports of government corruption during the year, including reports that officials engaged in money laundering, human smuggling, and other criminal activities. The government lacked significant mechanisms to investigate corruption among police and security forces.

Slow progress in implementing decentralization legislation, particularly with regard to management of revenues from oil and gas exports and distribution of government funds, led to accusations of corruption and calls for greater transparency.

The Audit Bureau, the highest financial regulatory authority in the country, made efforts to improve transparency by publishing annual reports on government revenues and expenditures, national projects, and administrative corruption. The Audit Bureau also investigated mismanagement at the General Electricity Company of Libya that had lowered production and led to acute power cuts.

In a landmark development in July, it was announced that an independent, international audit of the divided branches of the Central Bank of Libya (CBL) would proceed after a lengthy delay. The audit was underway at year’s end and scheduled to conclude in early 2021. The CBL split between parallel western and eastern branches in 2014. In December the unified CBL board met for the first time in five years and agreed on a unified exchange rate and a process for reunifying the institution.

The UN Libya Sanctions Committee Panel of Experts, a committee established pursuant to UN Security Council Resolution 1970 (2011), continued to make recommendations, including on corruption and human rights issues.

Financial Disclosure: No financial disclosure laws, regulations, or codes of conduct require income and asset disclosure by appointed or elected officials.

Madagascar

Section 4. Corruption and Lack of Transparency in Government

The law provides for criminal penalties for official corruption, but the government did not implement the law effectively. Corruption was pervasive at all levels of government; however, the government increased focus on combating corruption, leading to multiple convictions.

Corruption: Corruption investigations by the Independent Anti-Corruption Bureau (BIANCO) led to several cases going to trial at the Anti-Corruption Court (PAC) and convictions and imprisonments of former and sitting government officials for embezzlement and bribery.

The government took legal and disciplinary measures against working-level civil servants in the gendarmerie, police, and judiciary for bribery, involvement in natural resource smuggling, and diverting government assistance intended for vulnerable households affected by COVID-19 restrictions.

Several times members of civil society and the opposition called for transparent management of COVID-19 crisis response funds, most of which were provided by donors.

In early August, Facebook users and media denounced a 216 million ariary ($57,000) contract for information technology equipment involving the wife of the director of the COVID-19 operations center, believing the purchase price to be unreasonably high and the agreement tainted by nepotism. The BIANCO director general stated that maintaining a peaceful environment during the COVID-19 crisis was more important than starting an investigation, although media reported in September that BIANCO began an investigation after a civil society complaint to the PAC.

Financial Disclosure: The law requires regular income and asset declarations by individuals in the following positions: prime minister and other government ministers; members of the National Assembly and Senate; members of the High Constitutional Court; chiefs of regions and mayors; magistrates; civil servants holding positions of or equivalent to ministry director and above; inspectors of land titling, treasury, tax, and finances; military officers at the company level and above; inspectors from the state general inspection, the army’s general inspection, and the national gendarmerie’s general inspection; and judicial police officers. The names of those who make declarations are made public; however, the contents of the declarations are not public, and there are no sanctions for noncompliance.

As of September, according to the High Constitutional Court website, the prime minister, 15 out of the 25 members of his cabinet, and 165 of the 214 members of parliament had declared their assets.

Malawi

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials, but the government did not implement the law effectively. Officials sometimes engaged in corrupt practices with impunity. There was little criminal or professional accountability for those involved.

The government, in cooperation with donors, continued implementation of an action plan to pursue cases of corruption, review how the “Cashgate” corruption scandal occurred, and introduce internal controls and improved systems to prevent further occurrences. Progress on investigations and promised reforms was slow.

Corruption: The Anti-Corruption Bureau (ACB) is the agency primarily responsible for investigating and prosecuting cases of official corruption. It also works to educate the civil service and public on anticorruption matters. As of November the bureau reported it completed 35 investigations and completed prosecution of 19 cases of which: 10 resulted in convictions, three were acquittals, three were dismissed, and one was discharged; two were civil cases where individuals unsuccessfully sued the ACB. The performance of the ACB was greatly affected by the COVID-19 pandemic; thus, investigations could not be conducted effectively. In the 2020/21 national budget, the government increased the ACB budget by 39 percent that will allow an increase in staff and resources to investigate and prosecute cases.

In January 2019 one Cashgate trial involving 11 suspects concluded with 10 of the suspects convicted and one acquitted. The 10 were convicted of money laundering and conspiracy to commit a felony involving 201 million Malawian kwachas ($264,000) from the former Ministry of Disability and the Department of the Accountant General. In April 2019 the High Court sentenced three of the 10 to five years’ imprisonment each, four of the 10 to four years’ imprisonment each, and the last three of the 10 to three years’ imprisonment each.

The state’s corruption case against former president Bakili Muluzi, begun in 2006, remained stalled.

Financial Disclosure: The constitution requires the president, vice president, and members of the cabinet to disclose their assets in writing to the speaker of the National Assembly within three months of being elected or appointed. There is no requirement under the constitution for the speaker to make the declarations public or available to other members of parliament. The 2013 Public Officers’ (Declaration of Assets, Liabilities and Business Interests) Act requires officials in 49 categories, ranging from the president, members of parliament, and senior officials down to specific categories of civil servants, including traffic police and immigration officers, to make financial disclosures. Noncompliance is grounds for dismissal, and individuals who knowingly provide inaccurate information may be fined, dismissed, or imprisoned.

In 2018 the director of public officers’ declarations wrote the president and the speaker of parliament recommending disciplinary action against a cabinet member and members of parliament for failure to comply with asset declaration statutes. No disciplinary measures had been carried out by November.

Under the law declarations filed by public officials are available to the public upon request, but the director of the Office of the Director of Public Officers’ Declarations may refuse access to declarations that are not considered to be in the public interest. The refusal, however, may be appealed and reversed through a judicial review by the High Court.

Mali

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. There were numerous reports of government corruption.

Corruption: Corruption in all sectors of the administration was widespread. Authorities did not hold police accountable for corruption. Officials, police, and gendarmes frequently extorted bribes.

In 2019 and July, the general auditor released reports on government and public institution waste, fraud, and abuse. The country’s embassies in Abidjan, Cairo, and Addis Ababa were investigated for financial irregularities amounting to 1.16 billion CFA ($2.01 million), 2.6 billion CFA ($4.51 million), and 15.6 million CFA ($27,000), respectively. The irregularities were reportedly related to exchange rate manipulation, unauthorized obligations of funds, and undue financial gains provided to certain personnel at these Embassies. As of October the case continued. In October 2019 the former mayor of Bamako was prosecuted, convicted, and imprisoned for alleged corruption related to a 2010 contract regarding the electrification of Bamako valued at 1.4 billion CFA ($2.4 million). On May 22, he was released on bail.

Financial Disclosure: The constitution requires the president, prime minister, and other cabinet members to submit annually a financial statement and written declaration of their net worth to the Supreme Court. The Court of Accounts, a section within the Supreme Court, is responsible for monitoring and verifying financial disclosures. There are no sanctions for noncompliance. The Court of Accounts requires officials to identify all their assets and liabilities when they start and complete their terms and provide yearly updates throughout their tenure. Officials are not required to submit disclosures for their spouses or children. The Central Office to Fight Illicit Enrichment (OCLEI), the agency responsible for receiving financial disclosures, remained operational, and reported approximately 1,500 officials had filed disclosures since OCLEI became responsible for receiving such disclosures. Although the constitution calls for financial filings to be made public, this did not generally occur. While the transition charter does not specifically require disclosures, it is understood that the constitution still applies where it is not in contradiction with the transition charter.

Mauritania

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by government officials, but authorities did not enforce the law effectively, and officials often engaged in corrupt practices with impunity. There were reports of government corruption during the year. The law defines corruption as “all exploitation by a public agent of his position for personal purposes, whether this agent is elected, or in an administrative or judicial position.” During the year the country initiated its first-ever parliamentary investigation into corrupt practices under the previous regime.

Corruption: Corruption and impunity were serious problems in public administration, and the government rarely held officials accountable or prosecuted them for abuses. There were reports government officials frequently used their power to obtain personal favors, such as unauthorized exemption from taxes, special grants of land, and preferential treatment during bidding on government projects. Corruption was most pervasive in government procurement but was also common in the distribution of official documents, fishing and mining licenses, land distribution, as well as in bank loans and tax payments. On January 30, the parliament established a commission of inquiry empowered to investigate allegations of serious irregularities in awarding public contracts and the embezzlement of revenues from oil, fishing, and public land sales by the previous president and other senior government officials. The commission issued its report in July and offered specific recommendations for judiciary action. In August specialized police investigators began interrogations of the former president and hundreds of others named in the commission’s report. In August the president removed several members of his government from office, including the former prime minister, because they were implicated in the report. Members of civil society and the international community widely praised the quality and scope of the commission’s report.

Financial Disclosure: The government enforced the requirement that senior officials, including the president, file a declaration of their personal assets at the beginning and end of their government service. This information is not available to the public. There were no penalties for failing to comply.

Morocco

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government generally did not implement the law effectively. Officials sometimes engaged in corrupt practices with impunity. There were reports of government corruption in the executive, judicial, and legislative branches during the year.

Corruption: Observers generally considered corruption a persistent problem, with insufficient governmental checks and balances to reduce its occurrence. There were reports of petty government corruption.

The National Authority for Probity, Prevention, and Fighting Corruption (INPPLC) is responsible for combating corruption. In addition to the INPPLC, the Ministry of Justice and the High Audit Institution (government accountability court) had jurisdiction over corruption issues, and the latter has authority to conduct investigations.

The Ministry of Justice ran a hotline for the public to report instances of corruption. As of August the government reported there were 9,550 calls to the hotline alleging corruption that resulted in 39 cases in court during the year. The government also reported 90 percent of the calls were inquiries about corruption cases in trial, rather than new reports of alleged corruption. The Prosecutor General’s Office reported it registered 950 calls to its anticorruption hotline from private citizens during the year; the office stated there were convictions against the officials involved in 16 cases.

In January a “money for diplomas” scandal came to light in Tetouan at a public Abdelmalik Essaadi University. The university president declared the report an isolated incident and launched an internal investigation. The prosecutor for the case suggested that hundreds of diplomas were issued fraudulently.

On February 5, a court in Marrakesh sentenced Khalid Ouaya to 10 years in prison and one million s for receiving kickbacks from land deals. He was serving his prison sentence and awaiting trial by the court of appeals. On March 5, media reported a collusion scheme among judges, prosecutors, clerks, and bailiffs of the Casablanca Court of First Instance, legal representatives of public and private creditors, and service providers that filed thousands of suits against citizens without their knowledge. The Prosecutor General’s Office reportedly opened an investigation into the case that continued at year’s end.

The government claimed to investigate corruption and other instances of police malfeasance through an internal mechanism. Nevertheless, international and domestic human rights organizations claimed that authorities dismissed many complaints of abuse and relied only on police statements.

The judicial police investigated allegations, including those against security forces, and advised the court of their findings. Cases at times languished in the investigatory or trial phases. The government reported 45 cases in September where there was sufficient evidence pointing to police officers engaging in corruption, extortion, collusion with drug traffickers, or misappropriation of seized objects, and 16 police officers received disciplinary sanctions in connection to the cases.

Financial Disclosure: The law requires judges, ministers, and members of parliament to submit financial disclosure statements to the High Audit Institution, which is responsible for monitoring and verifying disclosure compliance. According to allegations from government transparency groups, however, many officials did not file disclosures. There are no effective criminal or administrative sanctions for noncompliance.

Mozambique

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corrupt acts by officials; however, the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. Corruption was a problem in all branches and at all levels of government.

Corruption: Corruption, including extortion by police, remained widespread, and impunity remained a serious problem. Police regularly demanded identification documents for alleged vehicular infractions solely to extort bribes. Public prosecutors faced threats for their role in efforts to investigate and prosecute corruption.

There were several cases of public corruption involving active and former government officials arrested and charged with crimes. In March former general manager of the National Social Security Institute Baptista Machaieie was sentenced to eight years’ imprisonment for abuse of office and embezzlement. In May the Courts of Appeal upheld the indictment of former labor minister Maria Helena Taipo for misuse of public funds and embezzlement. Taipo remained incarcerated pending trial at year’s end.

In what became known as the Hidden Debt Scheme, in 2013 the government began guaranteeing a series of loans from two investment banks–Credit Suisse and the Russian VTB (Vneshtorgbank) Bank–for three security- and defense-related state-owned enterprises. The loans were signed by then finance minister Manuel Chang, and their existence was not disclosed to the public or parliament until 2016. In 2018 Chang was arrested in South Africa pursuant to a U.S. Government arrest warrant related to his alleged involvement in the scheme. In June 2019 Mozambique’s Constitutional Council declared the loans illegal. On February 15, a South African court denied Chang’s bail request, and he remained in custody as of October. In connection with the scheme, 19 additional suspects have been charged–including the son of former president Armando Guebuza and the former president’s personal secretary–and were awaiting trial as of October. In November the government sought the extradition from the United States of three Credit Suisse officials implicated in the scandal.

Financial Disclosure: The law requires annual income and assets disclosure by appointed and elected members of the government and high-ranking civil servants to the Ministry of State Administration. The law provides for fines for those who do not file declarations; however, the declarations are not made public. The Center for Public Integrity reported incomplete compliance because the process of requiring public servants to file financial disclosures was not effective.

Namibia

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials; however, the government did not implement the law effectively. Officials sometimes engaged in corrupt practices with impunity.

Corruption: There were several abuses similar to the following example. On February 17, former chief executive officer of the public National Fishing Corporation of Namibia Mike Nghipunya was arrested and charged with corruption, fraud, and money laundering for his alleged role in the “Fishrot” scandal that involved bribery in exchange for fishing rights to be granted to the Icelandic fishing company Samherji. Nghipunya remained in prison at year’s end along with alleged coconspirators, including the former ministers of justice and of fisheries and marine resources arrested in 2019. They had yet to be tried by year’s end.

A July 15 al-Jazeera article alleged that a Windhoek city council member, Brunhilde Cornelius, stated that Windhoek city employee Nicanor Ndjoze offered her a bribe to support awarding the Chinese company Huawei a contract to build a 5G telecommunication network in Windhoek. As of November 30, the alleged bribery attempt was under Anti-Corruption Commission (ACC) investigation, and the 5G telecommunications contract had not been awarded.

Financial Disclosure: The parliamentary code of conduct requires members to make annual declarations of financial interests. The declaration form includes a confidential portion for information not released to the public. Compliance was inconsistent and not strictly enforced.

Niger

Section 4. Corruption and Lack of Transparency in Government

Although the law provides criminal penalties for corruption by officials, the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. The government acknowledged corruption was a problem, and there were several reports of government corruption during the year.

Corruption: Civil servants often demanded bribes to provide public services. A poorly trained law enforcement establishment and weak administrative controls compounded corruption. Other contributing factors included poverty, low salaries, politicization of the public service, traditional kinship and ethnic allegiances, a culture of impunity, and the lack of civic education. Data from a World Justice Project survey published in March showed that citizens in general viewed executive and legislative officials as using public office for private gain.

The High Authority for the Fight against Corruption and Related Offenses (HALCIA) actively investigated official corruption and made several official reports, some of which led to punitive action by the government, including arrests. HALCIA also stopped several public procurement tenders due to concerns of improprieties. Presidential control of its budget, however, limited HALCIA’s independence and ability to investigate allegations.

Government prosecutors began investigations into $137 million lost due to corruption in military procurement contracts from 2017 to 2019. A March release of Ministry of National Defense audits noted the involvement of suspected criminal conspirators.

Financial Disclosure: The constitution requires the president of the republic, presidents of other government institutions, and cabinet members to submit written statements of their personal property and other assets to the Constitutional Court upon assuming office, and while the president complied, other senior office holders did not. These statements are to be updated annually and at the end of an individual’s tenure. Copies of the statements are to be forwarded to the government’s fiscal services with filers explaining discrepancies between the initial and the updated statements. The Constitutional Court has authority to assess discrepancies, but there was no indication it questioned a declaration’s veracity or imposed sanctions.

Nigeria

Section 4. Corruption and Lack of Transparency in Government

Although the law provides criminal penalties for conviction of official corruption, the government did not consistently implement the law, and government employees frequently engaged in corrupt practices with impunity. Massive, widespread, and pervasive corruption affected all levels of government, including the judiciary and security services. The constitution provides immunity from civil and criminal prosecution for the president, vice president, governors, and deputy governors while in office. There were numerous allegations of government corruption during the year.

Corruption: The Independent Corrupt Practices Commission (ICPC) holds broad authorities to prosecute most forms of corruption. The Economic and Financial Crimes Commission’s (EFCC) writ extends only to financial and economic crimes. During the year there was a high-profile investigation involving the acting chairman of the EFCC, Ibrahim Magu. In July authorities arrested Magu and charged him with embezzlement. Magu was suspended as acting EFCC chairman. The ICPC led a raid in August 2019 that resulted in the arrest of 37 federal road safety officers and five civilian employees on charges of extortion. As of December 2019, the EFCC had secured 890 convictions, a record during the year. Through court-martial, the military convicted and fired a major general in connection with the 2019 reported theft of 400 million naira (more than one million dollars) in cash.

The bulk of ICPC and EFCC anticorruption efforts remained focused on low- and mid-level government officials. In 2019 both organizations started investigations into, and brought indictments against, various active and former high-level government officials. Many of the corruption cases, particularly the high-profile ones, remained pending before the court due to administrative or procedural delays.

In June the Nigeria National Petroleum Corporation released audited 2018 financial statements, the first such release since its establishment in 1977. The corporation also published audited accounts of its 20 subsidiaries and business divisions. In December the federal government launched the Financial Transparency Policy and Portal, commonly referred to as Open Treasury Portal, with the aim of increasing transparency and governmental accountability of funds transferred by making the daily treasury statement public. The Open Treasury Portal required all ministries, departments, and agencies to publish daily reports of payments greater than five million naira ($13,300). The Nigeria Extractive Industries Transparency Initiative and other anticorruption watchdog groups hailed the government for providing better access to government spending data.

Financial Disclosure: The Code of Conduct Bureau and Tribunal Act requires public officials–including the president, vice president, governors, deputy governors, cabinet ministers, and legislators (at both federal and state levels)–to declare their assets to the Code of Conduct Bureau before assuming and after leaving office. The constitution calls for the bureau to “make declarations available for inspection by any citizen of the country on such terms and conditions as the National Assembly may prescribe.” The law does not address the publication of asset information. Violators risk prosecution, but cases rarely reached conclusion.

Republic of the Congo

Section 4. Corruption and Lack of Transparency in Government

The law provides for criminal penalties for corruption by officials. The government did not apply the anticorruption law evenly, however, and many officials engaged in corrupt practices with impunity.

Corruption: Local and international organizations regularly accused government officials, including the president, his family, and senior ministers of corruption. The accusations generally alleged officials diverted revenues from their official portfolios into private, overseas accounts before officially declaring the remaining revenues.

In July the government removed from office the then mayor of Brazzaville, Christian Roger Okemba, and subsequently sentenced him to five years in prison for embezzling two million dollars of public funds. The court also sentenced Okemba’s wife, Anastasie Eleonore Okemba, to a three-year suspended sentence.

In June international media reported seizure of an overseas apartment owned by the president’s son and member of parliament, Denis-Christel Sassou N’guesso, as part of an investigation into the alleged misuse of state funds during his tenure as chief executive officer of the country’s parastatal oil company from 2010 to 2015.

Financial Disclosure: The constitution mandates elected and senior appointed officials disclose their financial interests before taking office and upon leaving office. Failure to do so constitutes legal grounds for dismissal from a senior position. The constitution does not require that financial disclosure statements be made public.

Rwanda

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials and private persons transacting business with the government that include imprisonment and fines, and the government generally implemented the law effectively. There were isolated reports of government corruption during the year. The Office of the Auditor General submitted a report to Parliament in May covering the office’s anticorruption efforts. The report identified multiple instances of irregular expenditures and diversion of funds in government spending. The law also provides for citizens who report requests for bribes by government officials to receive financial rewards when officials are prosecuted and convicted.

Corruption: The government investigated and prosecuted reports of corruption among police and government officials. Police frequently conducted internal investigations of police corruption, including sting operations, and authorities punished offenders. For example, in July the RNP dismissed 56 police officers for corruption-related offenses. This included several relatively senior officials, such as an assistant commissioner and a senior superintendent of the RNP.

The NPPA prosecuted civil servants, police, and other officials for fraud, petty corruption, awarding of public tenders illegally, and mismanagement of public assets. A 2018 law states corruption offenses are not subject to any statute of limitations. Specialized chambers at the intermediate court level handled corruption cases.

On April 5, the government arrested several senior government officials, including a permanent secretary of the Ministry of Finance, a former permanent secretary of the Ministry of Infrastructure, a director general of the Rwanda Housing Authority, and two directors general in the Ministry of Infrastructure, for misconduct in procuring a government building. The previous owners of the building were also arrested. The minister of infrastructure had not been arrested as of September but was the subject of an investigation. In May President Kagame denounced the “corrupt behavior” of such officials during a meeting of the RPF. Separately, four prominent businesspersons and financiers of the RPF who had received government procurement contracts for providing fertilizer to farmers were also arrested for mismanagement of funds.

The government utilized a “bagging and tagging” system to aid companies with regional and international due diligence requirements related to conflict minerals. The law prohibits the purchase or sale of undocumented minerals from neighboring countries. A 2019 UN report found irregularities in official statistics on exports of gold from Rwanda to the United Arab Emirates. Observers and government officials reported smugglers trafficked an unknown amount of undocumented minerals through the country.

Financial Disclosure: The constitution and law require public officials to report income and assets annually as well as to report them upon entering and leaving office. There is no requirement for public disclosure of those assets, except in cases where irregularities are discovered. The Office of the Ombudsman, which monitors and verifies disclosures, reported 99 percent of officials complied with the requirement. In cases of noncompliance, the Office of the Ombudsman has the power to garnish wages and impose administrative sanctions that often involved loss of position or prosecution. State-owned enterprises did not fully and transparently disclose their investments and investors.

São Tomé and Príncipe

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of official corruption, but the government generally did not implement the law effectively.

Corruption: Officials sometimes engaged in corrupt practices with impunity. The government continued several investigations of corruption allegations against former high-ranking officials, although none was tried during the year. The accused were kept under house arrest. Many citizens viewed police as ineffective and corrupt and feared retaliation if they reported corrupt police.

Financial Disclosure: The law does not require public officials to disclose their assets or income, but it permits such disclosures. Public disclosure of these financial statements, however, rarely occurred.

Senegal

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, but the government often did not enforce the law effectively. Officials frequently engaged in corrupt practices with impunity. During the year there were reports of government corruption.

Corruption: The National Anticorruption Commission (OFNAC) in 2016 concluded that bribery, misappropriation, abuse of authority, and fraud remained widespread within government institutions, particularly in the health and education ministries, postal services, and the Transport Ministry. In January, OFNAC released long overdue reports on its activities for 2017 and 2018 and swore in six new executive-level officials, bringing its managing board to a full complement for the first time in several years. Reports of corruption ranged from rent seeking by bureaucrats involved in public approvals, to opaque public procurement, to corruption in the judiciary and police. Some high-level officials in President Sall’s administration were allegedly involved in corrupt dealings. The government made some progress in its anticorruption efforts, mounting corruption investigations against several public officials (primarily the president’s political rivals) and secured several convictions (see section 1.d.).

Financial Disclosure: The law requires the president, cabinet ministers, the speaker and chief financial officer of the National Assembly, and managers of public funds in excess of one billion CFA francs ($1.8 million) to disclose their assets to OFNAC. Failure to comply may result in a penalty amounting to one-quarter of an individual’s monthly salary until forms are filed. The president may dismiss appointees who do not comply. With the exception of disclosures made by the president, disclosures made under the law are confidential and unauthorized release of asset disclosures is a criminal offense. On July 13, President Macky Sall gave a one-month ultimatum to government ministers to follow OFNAC guidelines related to the declaration of assets. All except one complied by the deadline.

Seychelles

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials. There were isolated reports of government corruption during the year.

In March the president signed the Anti-Money Laundering and Beneficial Ownership Acts into law, increasing transparency into the offshore sector. In August the Ministry of Finance, Trade, Investment, and Economic Planning launched its 2020-2023 National Anti-Money Laundering and Countering the Financing of Terrorism Strategy.

The Anti-Corruption Act, as amended in 2019, gives the Anti-Corruption Commission (ACC) law enforcement powers, authority, and privileges. The ACC may investigate and prosecute cases of corruption outside the purview of the Attorney General’s Office. As of November the ACC conducted no prosecutions in 2020. As of May the ACC recorded 187 cases, of which 66 were closed for either not falling within its mandate or insufficient evidence.

In 2018 an access to information law came into force. In 2019 the government appointed a chief executive officer for the Seychelles Information Commission, and appointed information officers in all ministries and departments. The law makes provisions on how citizens may access government information that is not classified sensitive for security and defense reasons, how agencies should respond to requests, mandates proactive disclosure and a duty to assist requestors, and defines information that is deemed classified for security and defense. In October a manual to guide citizens on how to use the Freedom of Information Act and access information was published.

Financial Disclosure: Government ministers, members of the National Assembly, and senior public servants and board members of government agencies and parastatals are required to declare assets. In June the Public Persons Declaration of Assets, Liabilities, and Business Interests Act of 2016 came into effect, and a commissioner was appointed to obtain asset declarations from the president, vice president and other high-ranking officials. Asset declarations are not published. Declarations may be made public upon request to the ethics commissioner. In September former president Danny Faure publicly declared his assets, and nongovernmental organization (NGO) Transparency Initiative Seychelles conducted a workshop on ethics in the public service and declaration of assets.

Sierra Leone

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Officials sometimes engaged in corrupt practices with impunity. During the year there were fewer reports of government corruption compared with 2019.

Corruption: During 2019 the Anticorruption Commission (ACC) indicted and charged more than 33 persons, convicted 16 individuals, and recovered more than 17.8 billion leones ($1.97 million) from corrupt government officials. On March 4, the High Court convicted Alfred Kallon, former Human Resource Officer at the Office of Administrator and Registrar General, on 34 counts of corruption offenses. Kallon was accused of using his office improperly to facilitate the issuance of official service passports for unauthorized individuals. Justice Miata Samba ruled that Kallon pay a substantial monetary fine of or serve three years in prison.

In 2019 a survey by Transparency International found that 52 percent of the residents of the country had paid a bribe for public services, with the highest rate of bribery for health services. In Transparency International’s previous 2015 survey, 41 percent reported paying bribes.

In May 2019 the judiciary assigned five high court justices to a new Anti-Corruption Court to deal with corruption cases brought by the ACC. During the year, these judges separately presided over anticorruption cases. In October 2019 parliament passed a law that increased penalties for corruption and provided the ACC with alternative powers to prosecution, including out-of-court settlements to recoup stolen monies. The law also strengthened protection for witnesses and whistleblowers in cases of corruption. During the year, Anti-Corruption Commissioner Kaifala stated that the provisions of the law had assisted in several continuing corruption investigations.

In April the Center for Accountability and Rule of Law published a perception survey indicating the SLP, Parliament, and Ministry of Health and Sanitation were the most corrupt institutions in the country.

Some police and guards exacted bribes at checkpoints, falsely charged motorists with violations, impounded vehicles to extort money, and accepted bribes from suspects to drop charges or to arrest their rivals and charge them with crimes. In exchange for kickbacks, police reportedly arrested persons for civil disputes, such as alleged breach of contract or failure to satisfy a debt.

Financial Disclosure: The law requires public officers, their spouses, and their children to declare their assets and liabilities within three months of assuming office, and according to the ACC, officials largely complied. The law further requires public officials to declare their assets no later than three months after the end of their employment.

The law also mandates disclosure of assets by government ministers and members of parliament. The ACC is empowered to verify asset disclosures and may publish in media the names of those who refuse to disclose and petition courts to compel disclosure. The particulars of individual declarations were not available to the public without a court order.

Somalia

Section 4. Corruption and Lack of Transparency in Government

The law provides for criminal penalties for corruption by officials, but the government did not effectively implement the law. Government officials reportedly engaged in corrupt practices with impunity. There were numerous reports of government corruption.

Corruption: Corruption remained endemic despite an anticorruption law. The government had not created an independent ethics and anticorruption commission despite President Farmaajo’s commitment in 2019 to do so.

The Financial Governance Committee (FGC)–an advisory body that has no legal authority but is responsible for reviewing all government contracts for more than $5 million–consisted of federal government members from the Ministry of Finance, the Central Bank, the Office of the President, and the Office of the Prime Minister, as well as the chair of the parliamentary finance committee and the Office of the State Attorney General (approximately equivalent to a solicitor general). Four delegates were funded by international financial institutions. During the year the FGC provided support to the federal government and federal member states on public financial management, fiscal federalism, oil and gas licensing, concessions and contracts, and central banking. FGC support activities included advising on a model production sharing agreement for energy concessions and assisting with initiating a tender to select a new passport supplier.

On August 24, the Benadir Regional Court convicted Ministry of Health Director General Abdullahi Hashi Ali and three senior colleagues of embezzlement and misuse of government seals and certifications for personal profit in relation to funds from international donors to combat the COVID-19 pandemic. Ali received nine years in prison, a lifetime ban on holding public office, and a fine, with his accomplices (Mohamud Bulle Mohamed, Mahdi Abshir, and Bashir Abdi Nur) receiving sentences ranging from three to 18 years’ imprisonment and various fines. Five other individuals arrested were acquitted of all charges.

The UN Panel of Experts on Somalia reported that it found no recent evidence of charcoal exports from the country (banned by the UN Security Council). Charcoal production for the domestic market continued in areas controlled by al-Shabaab, the Jubaland administration, and Kenyan AMISOM forces. The Panel of Experts expressed concern that significant stockpiles of charcoal, valued at more than $40 million, were consolidated at several potential export sites.

Somaliland had a national auditor and a presidentially appointed governance and anticorruption commission, but during the year they did not prosecute any Somaliland officials for corruption.

The UN Panel of Experts reported on the continued “taxation” by al-Shabaab, which extorted zakat (a Muslim obligation to donate to charity) and sadaqa (a voluntary charity contribution paid by Muslims) in the regions it controlled. The Panel of Experts found that al-Shabaab remained in a strong financial position and was generating a significant budgetary surplus. The Panel of Experts also found that although Somalia had taken steps to strengthen its financial sector to combat terrorism, al-Shabaab was using formal financial institutions to store and transfer funds.

Financial Disclosure: The law does not require income and asset disclosure by appointed or elected officials.

South Africa

Section 4. Corruption and Lack of Transparency in Government

The law provides for criminal penalties for conviction of official corruption, and the government continued efforts to implement the law effectively; however, officials sometimes engaged in corrupt practices with impunity.

At least 10 agencies, including the SAPS Special Investigation Unit, Public Service Commission, Office of the Public Prosecutor, and Office of the Auditor General, were involved in anticorruption activities. During the year the Office of the Public Protector, which is constitutionally mandated to investigate government abuse and mismanagement, investigated thousands of cases, some of which involved high-level officials.

Corruption: Official corruption remained a problem. The ANC sought to remove party members implicated in corruption scandals due to concern the scandals undermined public confidence in the ANC-led government.

On November 10, ANC secretary general Magashule was arrested on 21 charges of corruption, theft, fraud, and money laundering, and he was released on bail. Magashule had yet to be tried by year’s end. He rejected calls by the ANC Integrity Commission to step down. The ANC National Executive Committee was considering whether to suspend him from the party at year’s end.

Financial Disclosure: Public officials, including members of national and provincial legislatures, all cabinet members, deputy ministers, provincial premiers, and members of provincial executive councils, are subject to financial disclosure laws and regulations, but some failed to comply, and the majority filed their reports late. The declaration regime clearly identifies the assets, liabilities, and interests that public officials must declare. Government officials are required to declare publicly their financial interests when they enter office, and there are administrative and criminal sanctions for noncompliance, but no office is mandated to monitor and verify disclosures and the compliance is not enforced.

Sudan

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials; nevertheless, corruption was widespread.

Corruption: The law provides the legislative framework for addressing official corruption. The CLTG used existing law and the constitutional declaration to combat official corruption. The constitutional declaration called for setting up an Anti-Corruption Commission, but the CLTG had not formed this body as of November.

A special anticorruption attorney investigated and prosecuted corruption cases involving officials, their spouses, and their children. Punishments for conviction of embezzlement include imprisonment or execution for public-service workers, although these sanctions were almost never carried out. All bank employees were considered public-service workers. The CLTG established a Dismantling Commission to recover unlawfully obtained money and assets from corrupt members of the former regime. This committee issued multiple decisions against corrupt government officials and confiscated embezzled assets. The committee extended its activity to include NGOs that facilitated the transfer of government money. The committee then forwarded the confiscated assets and money to the Ministry of Finance. One example of an effected corrupt organization was the Sudanese Islamic Da’wa Organization; in April the dismantling committee dissolved the organization and canceled its registration.

While reporting on corruption was no longer a red line under the CLTG, media continued to practice self-censorship on the topic (see section 2.a.).

Financial Disclosure: The constitutional declaration includes requirements for financial disclosure and a prohibition of commercial activity for members of the Sovereign Council, the Council of Ministers, state and regional governors, and members of the future Transitional Legislative Council. There were no clear sanctions for noncompliance, although the previous Anticorruption Commission possessed discretionary powers to punish violators. The Financial Disclosure and Inspection Committee and the Unlawful and Suspicious Enrichment Administration at the Justice Ministry both monitor compliance. Despite three different bodies ostensibly charged with monitoring financial disclosure regulations, there remains no effective enforcement or prosecution of offenders. Few CLTG officials disclosed their personal assets as required by these laws.

Tanzania

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. There were numerous reports of government corruption during the year. Officials sometimes engaged in corrupt practices with impunity. President Magufuli took several high-profile steps to signal a commitment to fighting corruption. These included surprise inspections of ministries, hospitals, and the port of Dar es Salaam, often followed by the immediate dismissal of officials. Critics and observers claimed that President Magufuli used the anticorruption platform to go after those who opposed him.

Corruption: While efforts were being made to rein in corruption, it remained pervasive. The Prevention and Combating of Corruption Bureau (PCCB) reported that most corruption investigations concerned government involvement in mining, land, energy, and investments.

NGOs reported allegations of corruption involving the Tanzania Revenue Authority, local government officials, police, licensing authorities, hospital workers, and media.

On July 19, the PCCB director general, Brigadier General Mbungo, vowed to take legal action against political aspirants seeking financial support from businesses.

On August 13, the PCCB stated that it would allow the ruling CCM party to deal with corruption charges internally. Some civil society actors claimed that the PCCB acted as a political tool, seeking to leverage its role to harass and frustrate opposition political aspirants.

Corruption featured in newspaper articles, civil complaints, and reports of police corruption from the PCCB and from the Ministry of Home Affairs. In January the Minister of Home Affairs, Kangi Lugola, and the Fire and Rescue Brigade Commissioner General, Thobias Andengenye, were both fired for allegedly procuring fire and rescue equipment without authorization from the Ministry of Finance and Planning or approval from parliament. No legal action was taken against them.

The PCCB’s mandate excludes Zanzibar. In July 2019 the Zanzibar Anticorruption and Economic Crime Authority reported it had reduced corruption, citing one conviction and a pending investigation into corruption cases at the Ministry of Finance. As of September the Zanzibar Anticorruption Authority had filed 23 cases during the year at the High Court, among which seven cases garnered convictions. There were also approximately 100 pending files at the office of the director of public prosecution.

Financial Disclosure: Government ministers and MPs, as well as certain other public servants, are required to disclose their assets upon assuming office, annually at year’s end, and upon leaving office. The Ethics Secretariat distributes forms each October for collection in December. As of 2017, 98 percent of government leaders had submitted their forms to the secretariat (16,064 out of 16,339). When Tundu Lissu, former CHADEMA MP, was removed from his seat in June 2019, one of the reasons cited was that he did not file financial disclosure forms.

The president submitted his forms and urged other leaders to do the same. Although penalties exist for noncompliance, there was no enforcement mechanism or sufficient means to determine the accuracy of such disclosures. Information on compliance was considered sensitive and available only on request to the commissioner of the secretariat. Secretariat officials reportedly asked the individuals who failed to meet the deadline to show cause for the delay. Any declaration submitted or filed after the deadline must also explain the failure to observe the law. Asset disclosures are not public.

Tunisia

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government took some preliminary steps to implement these laws.

Corruption: The National Authority for the Combat against Corruption (INLUCC), an independent body charged with investigating and preventing corruption and drafting policies to combat corruption, continued to process corruption cases. On May 29, Chawki Tabib, former head of INLUCC, stated that petty corruption or “bribery,” cost the country between three and four billion dinars (1.1 to 1.5 billion dollars) annually. Tabib said a study found that 15 percent of citizens considered “bribery” to be normal, and they paid to obtain administrative services, prevent the implementation of the law, or obtain a service intended for others. During a September 7 parliamentary hearing, INLUCC member Olfa Chahbi stated that in its 10 years in operation, INLUCC referred more than 1,800 corruption cases to the judiciary out of more than 39,000 cases of corruption it received. In March, Tabib noted it takes seven to 10 years on average to process corruption cases in the judicial system and that such a lengthy process suggests to the public it is “useless” to attempt to hold corrupt persons accountable.

Prime Minister Elyes Fakhfakh resigned from his position on July 15 after independent Member of Parliament Yassine Ayari brought a case of conflict of interest against him in June. The financial public prosecutor asked INLUCC to share any documentation related to the case. On July 15, INLUCC published a report on Fakhfakh’s case, which highlighted that from 2015 through 2017, Fakhfakh’s companies declared “none” to the taxation authorities, raising the question of tax evasion. On July 19, INLUCC gave the court additional documents and evidence related to “conflict of interest, financial and administrative corruption, and tax evasion allegations.” According to a leaked document from the INLUCC case, Fakhfakh may have used state information to which he had access while serving as minister of finance from 2013-14 to obtain state contracts for a company he partially owned. Fakhfakh started a service provider company in 2014, which eventually became part of a consortium that won state-owned contracts, including an important waste management contract near Gabes. When Fakhfakh became prime minister in February, he was required to divest his two-thirds ownership of the company in accordance with the 2018 Asset Declaration Law for public officials. INLUCC notified Fakhfakh in June he had one month to divest his ownership according to the law, and when Fakhfakh failed to do so, the case went to court. On October 15, the Ministry of Justice’s Economic and Financial Division launched an investigation.

On August 24, then prime minister Fakhfakh dismissed INLUCC chair Chawki Tabib and appointed Judge Imed Boukhris to replace him. Tabib filed an appeal with the Administrative Court, arguing his dismissal was “illegal.” On August 25, a collective of national authorities that cover anti-TIP, antitorture, elections, access to information, audio visual, personal data, and human rights issues alleged that Fakhfakh dismissed Tabib as retribution for Tabib’s role in the conflict of interest case. The National Center for State Courts’ legal opinion called Tabib’s dismissal “illegitimate” and “an attack on political ethics.” On September 3, Tabib announced he would step down as INLUCC chair and President Saied swore in Boukhris as his replacement. On September 9, the Administrative Court ruled against Tabib’s appeal.

INLUCC opened 15 renovated regional offices in Gabbes, Gafsa, Jendouba, Medenine, and Tozeur to assist citizens outside of Tunis in reporting corruption to the body.

In October 2019 the Public Prosecutor’s Office at the Judicial Counterterrorism Division announced its decision to close the case against businessman Chafik Jarraya for “plotting against national security.” In 2017 the government arrested Jarraya and seven other prominent businessmen, including two former customs officials, on allegations of smuggling, embezzlement, conspiracy against the safety of the state, and complicity with a foreign government. With the October 2019 ruling, Jarraya and the other defendants were acquitted of national security charges but had to remain in detention pending the conclusion of the investigation into the smuggling and embezzlement allegations. As of December, Jarraya remained in detention.

Financial Disclosure: The constitution requires those holding high government offices to declare assets “as provided by law.” In 2018 parliament adopted the Assets Declaration Law, identifying 35 categories of public officials required to declare their assets upon being elected or appointed and upon leaving office. By law INLUCC is then responsible for publishing the lists of assets of these individuals on its website. In addition the law requires other individuals in specified professions that have a public role to declare their assets to INLUCC, although this information would not be made public. This provision applies to journalists, media figures, civil society leaders, political party leaders, and union officials. The law also enumerates a “gift” policy, defines measures to avoid conflicts of interest, and stipulates the sanctions that apply in cases of illicit enrichment.

On September 2, members of Prime Minister Mechichi’s government and 217 members of parliament declared their assets with INLUCC. There was no information on the number of other government officials who declared their assets according to the law.

Uganda

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties of up to 12 years’ imprisonment and confiscation of the convicted persons’ property for official corruption. Nevertheless, transparency civil society organizations stated the government did not implement the law effectively. Officials frequently engaged in corrupt practices with impunity, and many corruption cases remained pending for years.

Corruption: Media reported numerous cases of government corruption, most notably the April 7 arrest of four senior Office of the Prime Minister officials managing relief aid for the COVID-19 response, following an investigation by the Anti-Corruption Unit. The state charged the four, including the Permanent Secretary, Christine Guwatudde and Commissioner for Disaster Preparedness and Management Martin Owor, in the Anti-Corruption Court with inflating prices of COVID-19 food relief items. As part of the investigation, on April 11, police searched Owor’s private residence and found food and nonfood relief items, including items the government had designated for 2019 mudslide victims.

President Museveni dismissed or moved a number of high-level officials following corruption allegations. For example, on July 21, Museveni ordered the dismissal of eight senior EC officials. Media reported the firings were a result of corruption by the individuals during the procurement of election materials for the 2021 election. Opposition politicians, however, told media that Museveni actually fired the individuals because they did not procure the services of the company he preferred, alleging electoral malpractice. The EC chairperson denied all allegations, stating the eight had chosen to retire. Anticorruption activists said while high-profile individuals were fired, the government had not initiated legal proceedings, so the officials faced few material consequences.

Financial Disclosure: The law requires public officials to disclose their income, assets, and liabilities, and those of their spouses, children, and dependents, within three months of assuming office, and every two years thereafter. The requirement applies to 42 position classifications, totaling approximately 25,000 officials, including ministers, members of parliament, political party leaders, judicial officers, permanent secretaries, and government department heads, among others. Public officials who leave office six or more months after their most recent financial declaration are required to refile. The Inspector General of Government is responsible for monitoring compliance with the declaration requirements, and penalties include a warning, demotion, and dismissal.

Zambia

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for officials convicted of corruption, and the government attempted to enforce the law but did not do so consistently. Officials often engaged in corrupt practices with impunity. Although the government collaborated with the international community and civil society organizations to improve capacity to investigate and prevent corruption, anticorruption NGOs observed the enforcement rate among senior government officials and in the civil service was low.

According to Transparency International (TI) Zambia, the average conviction rate for those prosecuted for corruption was 10 to 20 percent. The government did not effectively or consistently apply laws against corrupt officials; it selectively applied anticorruption law to target opposition leaders or officials who ran afoul of it. TI Zambia further reported that officials frequently engaged in corrupt practices with impunity.

Corruption: Media reported numerous allegations of government corruption similar to the following example. On June 24, the Anti-Corruption Commission (ACC) arrested Minister of Health Chitalu Chilufya and charged him with four counts of possession of criminally obtained property. On August 25, ACC prosecutor Clifford Moonga informed the Lusaka Magistrate Court that he had been instructed to “offer no further evidence” against Chilufya and the case was dismissed. TI Zambia stated the ACC’s failure to prosecute Chilufya successfully could erode public confidence in the integrity of the government.

Financial Disclosure: The law only provides for income and asset disclosure by a small fraction of political officeholders and public servants. Although the Anti-Corruption Act requires certain ACC officers to disclose their assets and liabilities prior to taking office, it does not apply to other public officials. Under the Electoral Process Act, only presidential and vice presidential candidates are required to declare their assets and liabilities. Conviction of making a false declaration is punishable by seven years’ imprisonment without the option of a fine. Some government institutions, such as the Zambia Revenue Authority, maintained integrity committees to enhance asset disclosure mechanisms within the workplace. In several other institutions, asset disclosure requirements were vague or inadequately enforced.

Zimbabwe

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption; however, the government did not implement the law effectively or impartially, and officials engaged in corrupt practices with impunity. Despite government pronouncements, corruption remained a severe problem that experts described as “catch and release,” where the government arrested some corrupt officials, often those who have fallen out of favor, without ever convicting them.

Corruption: Corruption in both the public and private sectors persisted. The country continued to experience both petty and grand corruption, defined respectively by Transparency International Zimbabwe as an “everyday abuse of entrusted power by low- to mid-level public officials” and “an abuse of high-level power by political elites.”

The constitution mandates the Zimbabwe Anticorruption Commission (ZACC) to conduct corruption investigations. In 2019 President Mnangagwa appointed nine new commissioners to the ZACC and gave the commission the power to arrest. It does not have the power to prosecute. In August a separate Special Anti-Corruption Unit was created within the Office of the Presidency. Concerns remained that the ZACC primarily targeted high-profile officials who had fallen out of favor with President Mnangagwa and that the government’s anticorruption efforts were highly politicized.

On July 9, President Mnangagwa fired the Health and Child Care minister Obadiah Moyo for corruptly awarding a multi-million-dollar contract overpaying for medical equipment related to fighting COVID-19. Moyo, arrested on June 19, was released on bail the next day, unlike the journalist who raised public awareness of the scandal, who was denied bail for six weeks. As of December 1, the courts had not set a date to hear Moyo’s case.

In June, in addition to Obadiah Moyo, President Mnangagwa fired Energy and Power Development Minister Fortune Chasi pending his investigation by the Zimbabwe Anti-Corruption Commission. As of December neither case nor investigation had concluded. Police frequently arrested citizens for exposing corruption while ignoring reports implicating high-level businesspersons and politicians.

Implementation of the government’s redistribution of expropriated white-owned commercial farms often favored the ZANU-PF elite and continued to lack transparency (see section 1.f.). High-level ZANU-PF officials selected numerous farms and registered them in the names of family members to evade the government’s policy of one farm per official. The government continued to allow individuals aligned with top officials to seize land not designated for acquisition. The government conducted a comprehensive land audit in 2018 to reflect land ownership accurately, but the commission had not completed the exercise. Landowners connected to ZANU-PF routinely sold land to citizens but refused to transfer ownership officially or to develop the land as agreed upon in contracts. ZANU-PF officials continued to seize farms without compensation throughout the year.

The Ministry of Finance made progress in removing unqualified persons from the state payroll by removing thousands of youth officers from various ministries. According to the most recent audit, illicit salary payments were made to large numbers of persons who were retired, deceased, or otherwise absent from their place of employment. Duplicate personally identifiable information in files indicated some persons received multiple salaries. The government implemented a biometric registration system for civil servants to reduce improper salary payments.

In its 2019 report, the Office of the Auditor General exposed corruption, including payment for undelivered goods such as motor vehicles, generators, excavators, and biometric cards. It reported that between 2016 and 2018, the government failed to account for how it spent $29.6 million in the maize distribution portion of its Command Agriculture program. Anecdotal reports indicated a significant portion of this total was lost to corruption. The auditor general also reported $417 million of accounts receivable that remained outstanding for extended periods, making their collectability doubtful. Notable cases in the report included the Zimbabwe Electrification Transmission and Distribution Company, which had not taken delivery of transformers nine years after making a payment of $4.9 million to a supplier. The report received extensive media coverage, but targeted ZANU-PF officials dismissed the report as exaggerated or falsified. The report attributed 80 percent of its flagged concerns on state-owned enterprises to “governance issues.” The report also exposed poor maintenance of accounting records in some ministries, with some diverting funds for improper purposes while others paid for goods and services not delivered.

Financial Disclosure: The law does not require elected or appointed officials to disclose income or assets.

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