STATEMENT BY THE MINISTER OF STATE FOR ETHICS AND STATEMENT BY THE MINISTER OF STATE FOR ETHICS AND INTEGRITY, OFFICE OF THE PRESIDENT UGANDAINTEGRITY, OFFICE OF THE PRESIDENT UGANDA

AT THE 4AT THE 4THTH IAACA ANNUAL SEMINAR IAACA ANNUAL SEMINAR

DALIAN, CHINADALIAN, CHINA

2525THTH TO 28 TO 28THTH JUNE, 2012 JUNE, 2012

IntroductionIntroduction The government is committed to proving the The government is committed to proving the

highest quality of leadership in the fight against highest quality of leadership in the fight against corruption. We believe that the quality of corruption. We believe that the quality of governance system is determined by the quality governance system is determined by the quality of leadership as well as commitment of the of leadership as well as commitment of the leaders. leaders.

Thus the government has put in place measures to Thus the government has put in place measures to enhance the leadership commitment so as to crate an enhance the leadership commitment so as to crate an environment in which the public believes and trust in environment in which the public believes and trust in government commitment to eradicate corruption government commitment to eradicate corruption through clear and consistent policies, decision and through clear and consistent policies, decision and actionsactions. .

DEIDEI

The Directorate for Ethics and Integrity (DEI) was established in The Directorate for Ethics and Integrity (DEI) was established in 1998 as a Government Agency under the Office of the President 1998 as a Government Agency under the Office of the President and is headed by a and is headed by a Cabinet Minister. Cabinet Minister. – It is mandated to empower the citizens to uphold and cherish It is mandated to empower the citizens to uphold and cherish

moral values and principles.moral values and principles.– It is responsible for the development of anti corruption Policy, It is responsible for the development of anti corruption Policy, – the coordination of the Anti corruption Government agencies in the coordination of the Anti corruption Government agencies in

their efforts to fight corruption, their efforts to fight corruption, – creation of awareness on ethics and integrity in public office, creation of awareness on ethics and integrity in public office,

enhancing ethical standards among the public and enhancing ethical standards among the public and – to build coalitions with Civil Society Organisations and other to build coalitions with Civil Society Organisations and other

Government anti corruption agencies. Government anti corruption agencies.

Zero tolerance to corruptionZero tolerance to corruption

The Zero Tolerance to corruption The Zero Tolerance to corruption is the policy is the policy framework that spells out Government approach to tackle framework that spells out Government approach to tackle corruption and details priority actions and targets. This is corruption and details priority actions and targets. This is the implementation of the expression of the NRM 2006 the implementation of the expression of the NRM 2006 election manifesto where it declared, election manifesto where it declared, “NRM shall “NRM shall implement a zero-tolerance policy on corruption” implement a zero-tolerance policy on corruption” In In this context, zero tolerance has been defined to mean the this context, zero tolerance has been defined to mean the following:following:

“ “Taking prompt and decisive action to respond to all Taking prompt and decisive action to respond to all incidences of corruption actively promoting ethical incidences of corruption actively promoting ethical conduct; effectively implementing measures to prevent conduct; effectively implementing measures to prevent occurrences of corruption in society; and widely occurrences of corruption in society; and widely disseminating the results of the actions taken”disseminating the results of the actions taken”

Inter Agency ForumInter Agency Forum

  Directorate of Ethics & IntegrityDirectorate of Ethics & Integrity Inspectorate of GovernmentInspectorate of Government Directorate of Public ProsecutionsDirectorate of Public Prosecutions Office of the Auditor GeneralOffice of the Auditor General Ministry of Internal AffairsMinistry of Internal Affairs Inspectorate of CourtsInspectorate of Courts Local Government Finance CommissionLocal Government Finance Commission Uganda Revenue AuthorityUganda Revenue Authority Criminal Investigations DirectorateCriminal Investigations Directorate

Inter Agency ForumInter Agency Forum

Public Procurement & Disposal of Public Assets Public Procurement & Disposal of Public Assets AuthorityAuthority

Public Service CommissionPublic Service Commission Ministry of Public ServiceMinistry of Public Service Ministry of Finance, Planning and Economic Ministry of Finance, Planning and Economic

Development Development Ministry of Public ServiceMinistry of Public Service Ministry of Local GovernmentMinistry of Local Government Education Service CommissionEducation Service Commission Health Service CommissionHealth Service Commission Judicial Services Commission Judicial Services Commission

Asset RecoveryAsset Recovery The Directorate is in the process of initiating the The Directorate is in the process of initiating the

proceeds of corruption proceeds of corruption Law which will simplify the Law which will simplify the prosecution of cases relating to asset recovery prosecution of cases relating to asset recovery andand strengthen the prosecution of corruption strengthen the prosecution of corruption cases. cases.

Purpose of the Asset Recovery LawPurpose of the Asset Recovery Law

The Law is intended to provide an effective tool to The Law is intended to provide an effective tool to make corruption a very risky business even make corruption a very risky business even where the legislative framework has been unable where the legislative framework has been unable to recover proceeds of corruption. to recover proceeds of corruption.

The Law will prescribe the procedure to enable The Law will prescribe the procedure to enable the country to recover assets which are proceeds the country to recover assets which are proceeds or instrumentalities of corruption, where a person or instrumentalities of corruption, where a person has been convicted of an offence or where there has been convicted of an offence or where there has been no prosecution but it can be proved on has been no prosecution but it can be proved on a balance of probabilities that property a balance of probabilities that property represents proceed of a corrupt activity.represents proceed of a corrupt activity.

Purpose of the Asset Recovery LawPurpose of the Asset Recovery Law

The Law will enable compensation of The Law will enable compensation of victims of corruption and recovery of victims of corruption and recovery of resources lost to corruption, resources lost to corruption, maladministration and misconduct. maladministration and misconduct.

The law will put in place the Assets The law will put in place the Assets Recovery processes and the appropriate Recovery processes and the appropriate management of seized proceeds and management of seized proceeds and instrumentalities of corruption as well as instrumentalities of corruption as well as the possibilities of their confiscation.the possibilities of their confiscation.

The effectiveness of asset recovery provisions or The effectiveness of asset recovery provisions or confiscation orders is largely diminished by the confiscation orders is largely diminished by the likelihood that once a suspect or defendant is likelihood that once a suspect or defendant is made aware of the investigation, the assets will made aware of the investigation, the assets will quickly disappear. quickly disappear.

Indeed, we have no doubt that a large percentage Indeed, we have no doubt that a large percentage of the proceeds of crime in Uganda is already of the proceeds of crime in Uganda is already being efficiently laundered. There is no specific being efficiently laundered. There is no specific law in place giving power to prosecution law in place giving power to prosecution authorities to immobilise property prior to and authorities to immobilise property prior to and pending trial. pending trial.

This gap will be addressed by the Proceeds of This gap will be addressed by the Proceeds of Corruption Legislation.Corruption Legislation.

ChallengesChallenges

ChallengesChallenges

Lack of specific law on asset forfeiture, the Lack of specific law on asset forfeiture, the existing laws are not comprehensive enough.existing laws are not comprehensive enough.

Most of our laws are conviction based and the Most of our laws are conviction based and the investigators tend to focus their efforts more on investigators tend to focus their efforts more on conviction than asset recovery.conviction than asset recovery.

The enforcement of the Leadership code has The enforcement of the Leadership code has been rendered inadequate since some of its been rendered inadequate since some of its provisions were challenged in court.provisions were challenged in court.

The Leadership Code limits the declaration of The Leadership Code limits the declaration of assets to selected leaders while in actual sense assets to selected leaders while in actual sense most corrupt practices are by lower cadres. most corrupt practices are by lower cadres.

ChallengesChallenges

This renders it difficult to prove progress of asset This renders it difficult to prove progress of asset accumulation like in cases of illicit enrichment. accumulation like in cases of illicit enrichment.

As a country we lack a consolidated national As a country we lack a consolidated national identification system, this has made it possible identification system, this has made it possible for culprits to hide property since their identity for culprits to hide property since their identity cannot be easily traced form a national databank.cannot be easily traced form a national databank.

ConclusionConclusion The establishment of the anti corruption court is The establishment of the anti corruption court is

in line with UNCAC and it has positively impacted in line with UNCAC and it has positively impacted on the enforcement of the anti corruption on the enforcement of the anti corruption legislation and other policy framework against legislation and other policy framework against corruption. Corruption however is a huge problem corruption. Corruption however is a huge problem that requires a holistic approach to deal with. A that requires a holistic approach to deal with. A number of different measures, both legal and number of different measures, both legal and non-legal therefore need to be emphasized.non-legal therefore need to be emphasized.

Thank you Thank you