Combating corruption-related illicit financial flows from Africa: legal approaches and challenges

ABSTRACT: For decades, Africa has been a ‘net creditor’ to the world with resources leaving the continent through illicit financial flows (IFFs) more than combined investments and aid received. IFFs threaten domestic resource mobilisation required for sustainable development and have deleterious effects on human rights in Africa. African countries have shown anti-corruption commitments by dedicating the year 2018 to fighting corruption. Winning the fight against corruption includes successfully combating IFFs from the continent. The paper highlights the role of corruption as a source of IFFs, and as an enabler or facilitator of all other sources of IFFs. Without significant anti-corruption efforts at national, regional and international level, the problem of IFFs will remain a stumbling block to sustainable development and the enjoyment of human rights in Africa. The main argument of the paper is that anti-corruption measures can, and should, play a pivotal role in combating IFFs from Africa. The paper analyses key anti-corruption measures to combat IFFs. It highlights the main challenges faced by each anti-corruption measure and offers possible solutions.   TITRE ET RÉSUMÉ EN FRANCAIS: Lutte contre la corruption liée aux flux financiers illicites en provenance de l’Afrique: approches et défis juridiques RÉSUMÉ: La lutte contre les flux financiers illicites (FFI) est devenue l’un des principaux objectifs en Afrique. Pendant des décennies, le continent est resté un « créancier net » du monde, ses ressources ayant quitté le continent dépassant à la fois les investissements étrangers et l’aide reçus. Les FFI menacent la mobilisation des ressources nationales nécessaires au développement durable et ont des effets néfastes sur les droits de l\u27homme en Afrique. Les pays africains ont pris des engagements contre la corruption en consacrant l\u27année 2018 à la lutte contre la corruption. Pour lutter contre la corruption, il faut lutter efficacement contre les flux financiers illicites provenant du continent. Cet article souligne le rôle de la corruption en tant que source de FFI. Il souligne aussi la manière dont la corruption facilite toutes les autres sources de FFI. Sans efforts significatifs de lutte contre la corruption sur le plan national, régional et international, le problème des FFI restera un obstacle au développement durable et à la jouissance des droits de l\u27homme en Afrique. Le principal argument de cet article est que les mesures de lutte contre la corruption peuvent et doivent jouer un rôle central dans la lutte contre les flux financiers illicites en provenance d\u27Afrique. L’article analyse les principales mesures de lutte contre la corruption pour combattre les FFI. Il met en évidence les principaux défis de chaque mesure anti-corruption et propose des solutions possibles

Corruption and environmental crime in Latin America

“Latin America is a biodiversity powerhouse. The abundance of flora and fauna and mineral resources in the region makes it susceptible to environmental crime such as illegal logging, wildlife crime and illegal mining. The low risks and high profits associated with environmental crime have attracted organised criminal groups in Latin America that have traditionally engaged in illegal drug trafficking. Corruption plays a significant role in enabling and facilitating environmental crime in the region. This includes small-scale bribery of government bureaucrats, issuing of fraudulent permits, racketeering and grand corruption. Despite strong environmental laws and policies in Latin America, their implementation to curtail environmental crime remains poor in many countries. Evidence shows that corruption has undermined investigations, led to the selective application of laws and interference in police work, and to the disappearance of court evidence. Without effective law enforcement, criminals have inflicted physical violence on indigenous communities, environmental activists and human rights defenders who take a stand against environmental crime

REGULATION OF BENEFICIAL OWNERSHIP IN SOUTH AFRICA AND ZIMBABWE

Criminals despise transparency. Beneficial ownership transparency measures are aimed at ensuring that the structure of corporate vehicles is evident and that their real owners do not hide behind the corporate veil. South Africa and Zimbabwe have been struggling to prevent and combat money laundering, corruption and tax crimes. Competent authorities in both countries are starting to appreciate the importance of beneficial ownership transparency measures in the fight against economic crime. This paper examines whether South Africa and Zimbabwe have made progress in establishing effective legal frameworks on the beneficial ownership of legal persons and legal arrangements. It discusses the Financial Intelligence Centre Amendment Act 1 of 2017 which establishes beneficial ownership transparency measures for South Africa. It goes on to discuss the Zimbabwean situation regarding beneficial ownership and its regulation. Lastly, it makes certain recommendations concerning the beneficial ownership regimes of both countries

Assets declarations by public officers in Zimbabwe as an anti-corruption tool

Magister Legum - LLMZimbabwe is regarded as one of the most corrupt countries on the African continent. The absence of an assets declaration regime in Zimbabwe has made it difficult to hold accountable public officers implicated in corruption and found in possession of unexplained assets. Corruption by public officers is hard to detect and prove, especially when there are no measures to ensure official acknowledgement of their assets. This paper confronts an important gap in the anti-corruption laws of Zimbabwe. It examines the importance of assets declarations as a tool to fight corruption by public officers in Zimbabwe. In doing so, it will deal also with the main elements of an assets declaration regime for Zimbabwe. Finally, the research provides recommendations on how Zimbabwe can establish an effective assets declaration system to ensure transparency, accountability and openness in the public sector.German Academic Exchange Service (DAAD

Microbiome-liver crosstalk: A multihit therapeutic target for liver disease.

Liver disease has become a leading cause of death, particularly in the West, where it is attributed to more than two million deaths annually. The correlation between gut microbiota and liver disease is still not fully understood. However, it is well known that gut dysbiosis accompanied by a leaky gut causes an increase in lipopolysaccharides in circulation, which in turn evoke massive hepatic inflammation promoting liver cirrhosis. Microbial dysbiosis also leads to poor bile acid metabolism and low short-chain fatty acids, all of which exacerbate the inflammatory response of liver cells. Gut microbial homeostasis is maintained through intricate processes that ensure that commensal microbes adapt to the low oxygen potential of the gut and that they rapidly occupy all the intestinal niches, thus outcompeting any potential pathogens for available nutrients. The crosstalk between the gut microbiota and its metabolites also guarantee an intact gut barrier. These processes that protect against destabilization of gut microbes by potential entry of pathogenic bacteria are collectively called colonization resistance and are equally essential for liver health. In this review, we shall investigate how the mechanisms of colonization resistance influence the liver in health and disease and the microbial-liver crosstalk potential as therapeutic target areas

Dirty money as legal fees in Namibia and Zimbabwe: are lawyers laundering proceeds of crime?

Purpose – The purpose of this paper is to explore the contentious issue whether lawyers become launderers when they accept dirty money as legal fees. Lawyers represent criminal defendants who may wish to pay for their legal fees with proceeds of their criminal activities. The paper analyses the legal position of Namibia and Zimbabwe on such tainted fees and proceeds to compare with the different position taken by the United States. Design/methodology/approach – The paper adopts a desk research methodology with reliance on various sources such as statutory laws, case laws, books, journal articles and the internet. Its scope is limited to issue and content analysis relating to the use of dirty money as legal fees. Findings – The paper shows that lawyers become launderers when they accept dirty money as legal fees with knowledge or suspicion of its origins. It concludes that the prohibition of dirty money as legal fees is important in the fight against economic crime in Namibia and Zimbabwe. Even though it is decriminalised in the USA, the continuous prosecution of lawyers for tainted fees shows that state authorities are aware of the dangers of tainted legal fees. Originality/value – This paper adds to the few available literature on dirty money and legal fees. It provides sound reasons why prohibition of tainted attorneys’ fees adds muscle to the fight against economic crime. No prior literature is available on tainted legal fees in Namibia and Zimbabwe specificall

Dirty money as legal fees in Namibia and Zimbabwe: are lawyers laundering proceeds of crime?

Purpose: The purpose of this paper is to explore the contentious issue whether lawyers become launderers when they accept dirty money as legal fees. Lawyers represent criminal defendants who may wish to pay for their legal fees with proceeds of their criminal activities. The paper analyses the legal position of Namibia and Zimbabwe on such tainted fees and proceeds to compare with the different position taken by the United States. Design/methodology/approach: The paper adopts a desk research methodology with reliance on various sources such as statutory laws, case laws, books, journal articles and the internet. Its scope is limited to issue and content analysis relating to the use of dirty money as legal fees. Findings: The paper shows that lawyers become launderers when they accept dirty money as legal fees with knowledge or suspicion of its origins. It concludes that the prohibition of dirty money as legal fees is important in the fight against economic crime in Namibia and Zimbabwe. Even though it is decriminalised in the USA, the continuous prosecution of lawyers for tainted fees shows that state authorities are aware of the dangers of tainted legal fees. Originality/value: This paper adds to the few available literature on dirty money and legal fees. It provides sound reasons why prohibition of tainted attorneys’ fees adds muscle to the fight against economic crime. No prior literature is available on tainted legal fees in Namibia and Zimbabwe specifically

Deploying transitional justice mechanisms as anti-corruption tools in Africa

Magister Legum - LLMThis thesis advocates the expansion of the field of transitional justice to address corruption in African states emerging from conflict or authoritarianism. There is a close connection between corruption and conflict or repressive regimes in Africa. A good example is the Arab Spring of 2011, where citizens of Tunisia, Egypt and Libya protested against endemic corruption, leading to removal of despotic leaders from power. Dictators or conflicts tend to leave African states in situations where their coffers have been emptied corruptly and their citizens subjected to serious physical violence. What is more, corrupt and oppressive leaders use their ill-gotten assets to escape liability for their crimes. The evident link between the two forms of abuse makes it desirable to address them simultaneously when the dictatorship or conflict ends. Many African countries have deployed transitional justice mechanisms, such as criminal prosecutions, truth commissions, institutional reforms and reparations to address violations of civil and political rights. However, they have neglected corruption and other violations of social and economic rights, notwithstanding their crucial role in the violent past. Many countries still are haunted by the unresolved legacies of corruption and other socio-economic injustices. Recently, scholars and practitioners in the fields of transitional justice and anti-corruption have started to call for corruption and other socio-economic issues to be accommodated within transitional justice programmes. Problems encountered with the expansion of transitional justice mechanisms have not been worked out yet at the level of theory, policy and practice. This thesis subscribes to transformative justice theory as the most viable perspective from which to tackle corruption in transitional societies in Africa. Transformative justice theory is gaining increasing attention in the field of transitional justice, and it has been incorporated in the recent African Union Transitional Justice Policy. It champions locally driven mechanisms which reflect the needs of the victims and local communities, and which pursue socio-economic justice and transformation. The thesis argues that the current transitional justice mechanisms have the potential to become transformative and it will seek to answer how best each of these mechanisms may be implemented to address corruption. It is hoped that this thesis will assist in answering critical questions regarding the proximate relationship between corruption and violence, and in offering guidelines towards the total integration of an anti-corruption agenda into the field of transitional justice in Africa

Performance of Regional Rural Banks after Amalgamation in India: Progress and Prospects

For the past three decades India's banking system has several outstanding achievements to its credit. The most striking is its extensive reach. It is no longer confined to only metropolitans or cosmopolitans in India. In fact, Indian banking system has reached even to the remote corners of the country. This is one of the main reasons for India's growth process. The government's regular policy for Indian banks since 1969 has paid rich dividends with the nationalization of 14 major private banks of India. Regional Rural Banks started their development process on 2 October 1975 with the formation of a single bank—Prathama Grameen Bank. The RRBs mobilize financial resources from rural/semi-urban areas and grant loans and advances mostly to small and marginal farmers, agricultural labourers and rural artisans. The area of operation of RRBs is limited to the area as notified by GoI covering one or more districts in the State. In this context, the present study is an attempt to examine the impact of amalgamation on physical performance of RRBs during post-amalgamation period