The Role of CSOs in the UNCAC & its Implementation Review Mechanism by Reyneck Matemba Anti-Corruption Bureau MALAWI Saly, Senegal, 8th – 11th May, 2018

Outline of Presentation  Background ACB’s mandate ACB’s engagement with CSOs Good practices in involving CSOs in the fight against corruption Measures taken by Government (ACB) after 1st cycle review Good practices & Lessons learnt in the 1st cycle

Background ACB is a Government Department Established under section 4 of the Corrupt Practices Act To promote principles of democracy i.e. good governance through promotion of accountability, transparency and financial probity in both public and private institutions

ACB’S Mandate (3-prolonged Approach) Overview of Major Activities Corruption Prevention Section Review of Systems & Procedures Development of Corruption Prevention instruments Monitoring of Government Programs Sensitization activities Public Education section Public Rallies Anti-Corruption Clubs National Anti-Corruption Day Investigations & Prosecution Investigations of suspected Corrupt Practices Prosecution of suspected Corrupt Practices

ACB’s Engagement with CSOs CSOs form one of the eight pillars identified in our National Anti-Corruption Strategy as very critical in the fight against corruption ACB has entered into a number of MoUs with several CSOs, especially those whose mandate relates to rule of law and governance

ACB’s Engagement with CSOs (cont/…) ACB takes on board CSOs in the implementation of our anti-corruption activities Implementation of joint projects Engage (consult) CSOs in the formulation and review of anti-corruption legislation, policies and strategies (i.e. stakeholder consultations)

Good practices in involving CSOs in the fight against corruption CSOs play a watchdog role in the fight against corruption (i.e. demanding transparency in Government’s implementation of projects, and accountability in the expenditure of public resources - checks and balances). CSOs lobby for the enforcement or fulfillment of Government’s obligations under international legal instruments (e.g. under the UNCAC)

Good practices in involving CSOs in the fight against corruption (cont/…) CSOs lobby for the amendment of anti-corruption legislation and implementation of other anti-corruption measures CSOs demand and fight for the independence of oversight and governance institutions (ACB, DPP, Auditor General, FIA, etc)

Measures taken by Government (ACB) after first cycle review Establishment of an asset recovery unit (for ACB & DPP) Enactment of a new money laundering law (i.e. the Financial Crimes Act, replacing the MLPC&TL Act) Establishment of a Forensics Investigation Laboratory in the ACB Trained more officers in money laundering and forensics investigations

Good practices & Lessons learnt in the 1st cycle Need to involve CSOs in all the stages of the review process Sharing of information, collaboration/ coordination between ACB and CSOs in the review process brings transparency in the review process

Good practices & Lessons learnt in the 1st cycle (cont/…) CSOs involvement in the review process ensures credibility of the product (i.e. Country Report) CSOs involvement ensures ownership of the Country Report

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