Overview and Analysis of the Anti-Corruption Legislative Package of Mozambique

The present report was written taking into account the international standards to prevent and combat corruption, to which Mozambique is party to – the United Nations Convention Against Corruption (UNCAC), the African Union Convention on Preventing and Combating Corruption (AU Convention) and the Southern Africa Development Community Protocol Against Corruption (SADC Protocol). Specific international standards and other soft law mechanisms pertaining to the combating and prevention of money laundering were also taken into consideration, in particular the OECD's Financial Action Task Force (FATF) 40 recommendations on money laundering. The instruments mentioned in the previous paragraphs were utilized to benchmark Mozambican legislation with regards to international co-operation. The proposed Mozambican regulation on witness protection was reviewed and benchmarked with the United Nations Convention against Transnational Organized Crime (UNTOC) and its supplementing protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. Attention should be given to the fact that any international standard which Mozambique is party to is to observe the provisions contained in article 18 of the Constitution of Mozambique. The anti-corruption package, currently tabled before the Mozambican Parliament, comes at a timely moment. Mozambique is also under review within the context of the implementation review mechanism of the UNCAC, for the cycle year of 2011-2012. This peer review mechanism seeks to identify the compliance of both legislative and practical aspects of the anti-corruption framework in the country. The peer reviewers for Mozambique are Burkina Faso and the Dominican Republic. The on-site analysis by the peer reviewers is expected to take place in 2012. The methodology utilized for the production of the report included a desk review of the anti-corruption package, as well as an on-site visit to interview relevant authorities which either drafted the legislation which comprise the anti-corruption package or relevant authorities whose workflow will be directly affected with the legislative changes. The experts did not have the opportunity to meet and interview officials from the Mozambican financial intelligence unit (FIU). The experts also took the opportunity of the on-site visit to interview with the development assistance community based in Maputo and share with them their initial findings. The anti-corruption package contains a revised and consolidated Criminal Code, which would replace the one currently in force, a revised Criminal Procedure Code, a Code of Ethics for Public Officials, a witness protection law, and minor legislative changes on laws currently in force. The Code of Ethics for Public Officials includes rules on conduct, conflict of interest, and declaration of assets. The witness protection law was reviewed and benchmarked with the United Nations Convention against Transnational Organized Crime (UNTOC) and its supplementing protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.