Volume 5, Issue 3, June 2020, Page: 34-44
The Practical Significances and Challenges of Assets Disclosure and Registration Law in Combating Illicit Enrichment Crime in Ethiopia
Diriba Adugna Tulu, Attorney General Office of Oromia Regional State, Addis Ababa, Ethiopia
Received: Jan. 27, 2020;       Accepted: Feb. 25, 2020;       Published: May 28, 2020
DOI: 10.11648/j.ijecs.20200503.11      View  134      Downloads  71
Abstract
A well-designed and structured ADR system can be used as a strong tool to combat corruption effectively and eventually lead to successful conviction of illicit enrichment crime. The main objective of this study is to identify the practical significances and challenges of implementing the ADR law in combating illicit enrichment in Ethiopia and forwards the recommendations for the identified issues. In order to achieve the research aims, the author employed the combination of doctrinal and empirical legal research approach. Accordingly, this article analyzed both primary and secondary data sources. Then, the data were analyzed and interpreted to draw conclusions. Based up on the research findings, it argues that the Ethiopian ADR law has not comprehensively designed to combat illicit enrichment crime. Besides, it was poorly implemented in fighting illicit enrichment crime in Ethiopia. Thus, this article recommends different measures to be taken into account by the government, law enforcement and FEACC so as to enhance the effective implementation of the ADR law in combating illicit enrichment in Ethiopia.
Keywords
Corruption, Crime, Assets Disclosure and Registration, Illicit Enrichment, Asset Disclosure, Asset Declarations
To cite this article
Diriba Adugna Tulu, The Practical Significances and Challenges of Assets Disclosure and Registration Law in Combating Illicit Enrichment Crime in Ethiopia, International Journal of Education, Culture and Society. Vol. 5, No. 3, 2020, pp. 34-44. doi: 10.11648/j.ijecs.20200503.11
Copyright
Copyright © 2020 Authors retain the copyright of this article.
This article is an open access article distributed under the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/) which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Reference
[1]
Okechukwu I. Eme, I. Samuel, & Ezenwafor E. C. (2017). African Anti-Corruption Agencies: Challenges and Prospects, Spring Management Studies and Economic Systems (MSES), 3(4), pp. 225-243.
[2]
This can be evidenced from the TI Corruption Perception Index. Retrieved from www.transparency.org/cpi
[3]
Inter-American Convention Against Corruption (IACAC), Mar. 29, 1996, 35 I. L. M. 724, Article 3; see African Union Convention on Preventing and Combating Corruption (AUCPCC), July 11, 2003, 43 I. L. M. 5, Article7, para 1; see also United Nations Convention Against Corruption (UNCAC) (2003), Article8(5).
[4]
Ethiopia signed the Convention on 10 December 2003 and ratified it on 26 November 2007. Retrieved from https://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2015_10_14_Ethiopia_Final_County_Report.pdf.
[5]
The Convention was signed by Ethiopia on 1 June 2004 and ratified on 18 September 2007.
[6]
Corruption Crimes Proclamation, No. 881/2015, Negarit Gazeta, 21st Year No.36, Addis Ababa, 3rd April, 2015, Article 21.
[7]
Assets Disclosure and Registration Proclamation No.668/2010, Negarit Gazeta, 16th Year No. 18, Addis Ababa 12th April, 2010, Preamble and Article 13.
[8]
TI, Corruption Perceptions Index. Retrieved from https://www.transparency.org/research/cpi.
[9]
World Justice Project on the Rule of Law Index.(2018-2019). Retrieved from https://worldjusticeproject.org/sites/default/files/documents/WJP-ROLI-2019-Single%20Page%20View-Reduced 0.pdf.
[10]
Negash, B. (2016). The Effectiveness of Anticorruption Institutions in Implementing International Anticorruption Instruments: The case of the Federal Ethics and Anticorruption Commission of Ethiopia, (Unpublished MA thesis, AAU).
[11]
Alemayehu, B. (2015). A Study of the Role of Assets Disclosure and Registration Law Proclamation. No 668/2010 in Reducing Corruption: The Case of FEACC, (Unpublished MA thesis, AAU).
[12]
Muzila, L., Morales, M., Mathias, M., and Berger, T. (2012). On the Take: Criminalizing Illicit Enrichment to Fight Corruption, (Washington, DC: World Bank).
[13]
Rossi, Ivana M., Laura Pop, and Tammar Berger (2017). Getting the Full Picture on the Public Officials: A How to Guide for Effective Financial Disclosure. Stolen Asset Recovery (StAR) Series. Washington, DC: WB.
[14]
Burdescu, R. Reid, GJ, Gilman, Stuart., and Trapnel, S (2009). Income and Asset Declarations: Tools and Trade-Offs. Washington DC: World Bank.
[15]
WB & UNODC. (2009). Asset and Income Declaration Guide Concept Note.
[16]
OECD. (2011). Fighting Corruption in Eastern Europe and Central Asia Asset Declarations for Public Officials: A Tool to Prevent Corruption Paris’ (OECD Publishing).
[17]
Gustavo A. Vargas & David S. (2016). Opening Public Officials Coffers: A Quantitative Analysis of the Impact of Financial Disclosure Regulation on National Corruption Levels, Eur J Crim Policy Res, pp. 439-475.
[18]
Barnes, DW., Berger, Tammar., Burdescu, Ruxandra., Gilman, Stuart., Habershon, Alexandra M., Recancesca., Reid, Gary J., Trapnell, Stephanie E. (2012). Public Office, Private Interests: Accountability through Income and Asset Disclosure. Washington DC: World Bank.
[19]
Mohannad, Zainal., andFauzin. (2016). The Law on the Illicit Enrichment Crime and Financial Disclosure in Jordan: Issue of Effectiveness and Enforceability, Vol. 2, No. 5 The Journal of Social Sciences Research, pp.100-105.
[20]
Jenkins, M. (2015). Income and Asset Disclosure Topic Guide Compiled by the Anti-Corruption Helpdesk, Transparency International.
[21]
TI. (2015). Asset Declarations in Morocco: Illicit Enrichment and Conflicts On of Public Officials.
[22]
FEACC, 1st Round (2003-2004 E. C). (2005). ADR Performance Report, Addis Ababa.
[23]
Interview with AndualemTamene, Senior assets verification expert and Team leaders of Asset Disclosure and Registration Directorate at the FEACC, Done at his Office, 7 June, 2019.
[24]
Federal Ethics and Anti-Corruption Nine Month Performance Report, 2018/2019 (FEACC Nine Month Performance Report, 2018/2019), p. 18.
[25]
Interview with Woldemikael Fitora, Deputy Director of Corruption Crimes Investigation Directorate at FPC, Done at his Office, 7 June, 2019; Interview with Zelalem Fekadu, Principal public Prosecutor and Prosecution Corruption Crime of Illicit Enrichment and Money Laundry coordination at the FAG, Done at his Office, 12 June, 2019; Interview with BekaluTamene, A Senior Public Prosecutor and Prosecution Corruption Crime of Abuse of Power Coordination Office Coordinator at the FAG, Done at his Office 12 June, 2019.
[26]
Oromia Ethics and Anti-Corruption Commission Prosecutor v. Zelalem Jemane et al, Oromia Special Zone Surrounding Finfinne High Court, Judgment, Criminal File No.14761, [28/03/2010 E.C].
[27]
Federal Attorney Prosecutor v. Zenaye Tamena, Federal High Court, Judgment, Criminal File No. 163956, [10/02/2009 E.C].
[28]
Mukherjee, J and Gokcekus, O. (2006). Officials Asset Declaration Laws: Do They Prevent Corruption? (Transparency International Global Corruption Report), pp. 325-328.
[29]
Messick, R. (2009). Income and Assets Declarations: Issues to Consider in Developing a Disclosure Regime 1.
[30]
Interview with MeronAnemow, Public Prosecutor at the FAG, Done at her Office, 22 August, 2019 & Interview with Indale Tsagaye, Public Prosecutor at the FAG, Done at his Office, 22 August, 2019.
[31]
The Federal Democratic Republic of Ethiopia Constitution, Proclamation No. 1 of 1995, Article 26 (3).
[32]
Universal Declaration of Human Rights, (10 December 1948, 217 A(III), Article 11(1); International Covenants on Civil and Political Rights, (16 December 1966, United Nations, Treaty Series, Vol. 999), Article 14(2); African Charter on Human and People’s Rights, Art.7(1)(b); African Charter on The Rights and Welfare of the Child, Article 17(c) (i); Convention on the Rights of the Child, Article 40(2)(b)(i); UN Human Rights Committee (2007), General Comment No. 32.
[33]
The Criminal Code of the Federal Democratic Republic of Ethiopia, Proclamation No.414/2004, NegaritGazeta, No., Year, 9th of May, 2005, Article 419, (Corruption Crimes proclamation, Article 21).
[34]
Assefa, S. K. (2012). The principle of the presumption of Innocence and its Challenges in the Ethiopian Criminal Process, Vol.6 No.2 Mizan Law Review, pp. 274-310.
[35]
Meskele, M. T. (2012). The Legal Framework of Illicit Enrichment in Ethiopian Anti Corruption Law (Unpublished Master thesis, at the Faculty of Law, University of the Western Cape).
[36]
Kofele-Kale, N. (2012). Combating Economic Crimes: Balancing Competing Rights and Interests in Prosecuting the Crime of Illicit Enrichment, (Oxford: UK, First Published by Routledge Research in Transnational Crime and Criminal Law).
[37]
Wilsher, D. (2006). Inexplicable Wealth and Illicit Enrichment of Public Officials: A Model draft that respects Human Rights in Corruption Cases, Volume 45, No. 1, Journal of Crime, Law and Social Change, Publisher Springer Netherlands, pp. 27-53.
[38]
Attorney General v. Hui Kin-Hong, [1995] 1H.K.C.L.R227(C.A.).
[39]
Attorney General v. Hui Kin-Hong, Court of Appeal No. 52 of [1995].
[40]
Interview with Abera Abadi, Head of the Corruption Crimes Investigation Directorate at FPC, Done at his Office, 21 August, 2019.
[41]
Interview with BogaleTaso, Senior Declaration Officer and Team leaders of Assets Disclosure and Registration Directorate at the FEACC, Done at his Office, 7June, 2019.
[42]
Federal Ethics and Anti-Corruption Commission, Assets Disclosure and Registration Form, April, 2010 E. C.
[43]
Persson A. (2013). Why Anticorruption Reforms Fails Systemic Corruption as a Collective Action Problem, 26(3), Governance, p. 454.
[44]
Snider TR and Kidane. (2007). Combating Corruption through International Law in Africa: A Comparative Analysis, 40 Cornell International Law Journals, p. 695.
Browse journals by subject