1. FIGHTING CORRUPTION IN SIERRA LEONE- IMPLEMENTATION OF THE UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC)

2. BACKGROUND  THE FIGHT AGAINST CORRUPTION STARTED AFTER INDEPENDENCE TO ADDRESS GRAND CORRUPTION THROUGH COMMISSIONS OF ENQUIRY  THE METHOD WAS A QUICK FIX MEASURE AND UNSUSTAINABLE  CORRUPTION BECAME ENDEMIC AND WIDESPREAD, LEADING TO MASS DEPRIVATION  TRC REPORT AFTER THE 11 YEAR CIVIL WAR INDICATED THAT CORRUPTION WAS ONE OF THE MAIN CAUSES OF THE WAR  POST WAR RECONSTRUCTION PLACED THE CONTROL OF CORRUPTION HIGH ON THE AGENDA  ACC WAS ESTABLISHED BY AN ACT OF PARLIAMENT IN 2000 TO ADDRESS SYSTEMIC CORRUPTION BUT THE ACT WAS LIMITED IN SCOPE AND EFFICACY  SL SIGNED UP TO UNCAC ON 9 TH DEC. 2003 AND RATIFIED SAME ON 30 TH SEPT. 2004  THE UNCAC MADE IT CLEAR FOR ADDITIONAL LEGISLATIVE WORK ON THE AC ACT 2000 WHICH LED TO THE AC ACT 2008

3. PERSPECTIVES OF THE UNCAC  AN INTERNATIONAL TREATY THAT REQUIRE MEMBERS TO CONTROL THE MENACE OF CORRUPTION THAT HAS AN INTERNATIONAL DIMENTION  TREATY OBLIGATIONS ARE DIVIDED INTO FIVE CHAPTERS 1.CHAPTER 11- PREVENTIVE MEASURES 2.CHAPTER 111-CRIMINALIZATION AND LAW ENFORCEMENT 3.CHAPTER 1V- INTERNATIONAL COOPERATION 4.CHAPTER V- ASSET RECOVERY 5.CHAPTER VI- TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE  OTHER CHAPTERS OF THE TREATY INCLUDE 1.CHAPTER 1- GENERAL PROVISIONS 2.CHAPTER VII- MECHANISMS FOR IMPLEMENTATION 3.CHAPTER VIII- FINAL PROVISIONS

4. THE REVIEW MECHANISM  AS PART OF THE TREATY IN CHAPTER VII, COUNTRIES ARE TO BE REVIEWED FOR COMPLIANCE THROUGH A SELF ASSESSMENT SYSTEM DIVIDED INTO SEVERAL CYCLES  REVIEW PROCESS IS NON INTRUSIVE  THROUGH CASTING OF LOTS COUNTRIES AND THEIR REVIEWING COUNTRIES ARE SELECTED  STATE PARTIES AGREE ON A SELF ASSESSMENT CHECK LIST (SACL)AND PRESENTED TO EACH MEMBER COUNTRY FOR COMPLETION WITH EVIDENCE  THE SACL IS COMPLETED AND SUBMITTED TO UNODC SECRETARIAT  THE REVIEWING COUNTRIES (2 IN NUMBER) REVIEWS THE COMPLETED SACL OF THE COUNTRY UNDER REVIEW THROUGH A VERIFICATION PROCESS  FINDINGS ARE PRESENTED BY REVIEWING STATES TO UNODC AND THE REVIEWED STATE REQUESTED TO RESPOND  AN EXECUTIVE SUMMARY IS PRODUCED BY UNODC DRAWING ON GOOD PRACTICE, CHALLENGES AND NEED FOR TECHNICAL ASSISTANCE

5. COMPLIANCE  SL HAS BEEN REVIEWED ON THE IMPLEMENTATION OF CHAPTERS III AND IV OF THE UNCAC BY THAILAND AND BENIN IN THE FIRST REVIEW CYCLE  CHAPTER III (CRIMINALIZATION AND LAW ENFORCEMENT) CRIMINALIZATION OF CORRUPTION COMMENCED IN 2000 EVEN BEFORE THE UNCAC IN 2003 BY RESOLUTION 58/4 ADDITIONAL PROVISION WERE MADE ON CRIMINALIZATION OF CORRUPT PRACTICES IN THE AC ACT 2008  SEC 28, 33,34 AND 35 CRIMINALISES THE OFFERING AND ACCEPTING OF AN ADVANTAGE BY A PUBLIC OFFICIAL  THE AAC ACT 2008 ALSO CRIMINALISES EMBEZZLEMENT OF PUBLIC FUNDS OR PROPERTY, TRADING INFLUENCE, ABUSE OF OFFICE, ILLICIT ENRICHMENT, POSSESSION OF UNEXPLAINED WEALTH, OBSTRUCTION OF JUSTICE ETC.  OTHER MUTUALLY REINFORCING LAWS WERE ALSO PASSED:  THE CONSTITUTION OF SIERRA LEONE AMMENDMENT ACT OF 2008  THE ANTI-MONEY LAUNDERING AND COMBATING OF TERRORISM ACT 2012  GOVERNMENT BUDGETING AND ACCOUNTABILITY ACT 2005  THE FINANCIAL MANAGEMENT REGULATIONS 2007  PUBLIC PROCUREMENT ACT 2004  RIGHT TO ACCESS INFORMATION ACT 2013  SL IS LARGELY COMPLIANT TO CHAPTER III OF THE UNCAC

6. COMPLIANCE  CHAPTER IV (INTERNATIONAL COOPERATION) SEC 7, 108 TO 118 OF THE AC ACT 2008 HAS EXPANDED THE MANDATE OF THE ACC TO INCLUDE COOPERATION/ COLLABORATION WITH FOREIGN GOVERNMENTS, LOCAL, REGIONAL AND INTERNATIONAL INSTITUTIONS IN THE FIGHT AGAINST CORRUPTION THE AC ACT 2008 HAS ALSO STRENGTHEN WHISTLE BLOWING AND WITNESS PROTECTION PROSECUTORIAL POWERS FURTHER INCREASES THE NUMBER OF CASES PROSECUTED  SL IS ALSO LARGELY COMPLIANT TO CHAPTER IV

7. CHALLENGES AND RECOMMENDATIONS  PROCEEDS OF CRIME: NO PROVISION IN AC ACT 2008 FOR PROCEEDS OF CORRUPT OFFENCES TO BE FORFITTED TO THE STATE. NEED TO LEGISLATE PROCEEDS OF CRIME ACT TO COMPLY WITH ASSET RECOVERY PROVISIONS IN THE UNCAC  BRIBERY BY FOREIGN PUBLIC OFFICIALS : THIS IS PARTIALLY CRIMINALIZED IN THE AC ACT 2008 AND POSES PROBLEM FOR IMPLEMENTATION. NEED TO CONSIDER FULLY CRIMINALIZING BRIBERY IN THE PRIVATE SECTOR TO ATTRACT FOREIGN DIRECT INVESTMENT  FOR INSTANCE, SEC. 28 (1&2) OF THE AC ACT 2008 CRIMINALIZES THE BRIBERY OF PUBLIC OFFICIALS AND DID NOT SPECIFICALLY MENTION PUBLIC OFFICIALS OF INTERNATIONAL ORGANIZATIONS. YET IN THE DEFINATION OF PUBLIC OFFICIALS IN SEC. 1 OF THE ACT, IT INCLUDES ANY PERSON WORKING FOR A PUBLIC BODY, AND A PUBLIC BODY IN THE SAME SECTION INCUDE ANY ORGANIZATION, WEATHER PUBLIC OR INTERNATIONAL ESTABLISHED TO RNDER ANY VOLUNTARY SOCIAL SERVICE TO THE PUBLIC OR ANY SECTION  WHISTLE BLOWER PROTECTION: THOUGH THERE IS PROVISION FOR WHISTLE BLOWER PROTECTION, YET IT IS LIMITED IN SCOPE (SEC.82&83). NEED TO LEGISLATE WHISTLE BLOWING LAW  MITIGATION: NO EXISTING PROVISION TO MITIGATE IN THE PUNISHMENT OF OFFENDERS OR TO GRANT IMMUNITY FOR COOPERATING OFFENDERS AND TO ENTER INTO RESPECTIVE AGREEMENT WITH OTHER STATE PARTIES (ART. 37 UNCAC). NEED FOR AN AMMENDMENT TO INCLUDE SAME  NEED FOR A SPECIAL ANTI-CORRUPTION COURT OR A DIVISION OF THE HIGH COURT DEDICATED TO ANTI- CORUUPTION CASES

8. WHAT NEXT ?  OUTSTANDING ISSUES MENTIONED IN THE EXECUTIVE SUMMARY BY UNODC TO BE ADDRESSED  THE NEXT REVIEW CYCLE HAS COMMENCED WITH CHAPTER II (PREVENTIVE MEASURES) AND CHAPTER V (ASSET RECOVERY)  SIERRA LEONE HAS BEEN SELECTED TO BE REVIEWED  COMPLIANCE TO THE UNCAC PLACES SIERRA LEONE AMONG NATIONS THAT ARE FULLY COMPLIANT TO ANTI-CORRUPTION LAWS AND INCREASES CONFIDENCE IN FOREIGN INVESTMENT AND GOOD GOVERNANCE RATING. IT STRENGTHENS OUR LAWS TO DEAL WITH ALL FORMS OF THE MALFEASANCE