Transparency International-Rwanda and other stakeholders are working to establish a harmonised East African Community (EAC) asset declaration protocol to further curtail corruption in the six-member bloc's public service.
A webinar held on Thursday, May 20, aimed at having insight on the EAC asset declaration protocol developed based on the best practices in the region, especially in Rwanda, before it is tabled to the regional parliament for adoption.
Apollinaire Mupiganyi, the Executive Director, TI-Rwanda, noted that: "The joint initiative is for the benefit of the region and an affirmative action that we have the same goal of ensuring that corruption is not accepted in our region."
Odette Yankurije, Rwanda's deputy chief Ombudsman, emphasised that the different EAC countries adopted different strategies against corruption and it is high time they were harmonised to enhance their effectiveness.
"Corruption affects the development of countries and makes society suffer. Having a harmonised EAC asset declaration protocol is a big step in curtailing corruption," she said.
"Corruption must be severely punished but it is much better to prevent it."
Shedding light on the draft protocol spearheaded by the Office of the Ombudsman of Rwanda, Emmanuel Nsengiyumva, a National Prosecutor in Rwanda's Office of the Ombudsman, noted that it aims to promote and strengthen the recovery of corruptly acquired property and unexplained assets by state parties within the region.
Once adopted, he explains, the protocol will take precedence whenever a national institutional system fails to address the declaration of assets.
Regarding good governance and as is common practice in Rwanda, he indicated, the protocol provides for the use of IT to avoid physical contact and thereby reduce acts of corruption.
Article 19 of the draft protocol stipulates that there will be an EAC Advisory Board on declaration of assets.
"There are no common standards among states. This will be a regional advisory body setting asset declaration standards, promoting and encouraging the adoption and application of anti-corruption measures within the region," Nsengiyumva said.
Sharing Uganda's perspective, Annet Twine, director Leadership Code Inspectorate of Government, noted that Uganda has no proper program for asset recovery and poor urban planning and property registration adds to the bigger challenge. In Uganda, public officers find it convenient to hide property by registering it under the names of their spouses and children.
Stella Mbelle, a representative of the Ethics and Anti-Corruption Commission of Kenya, said asset declaration is anchored in a 2003 law but the fact that it is actually done by various uncoordinated commissions spread out in the vast country is a challenge. Kenya has more than 700, 000 public officers.
"The Act came into force in 2003 but the Constitution promulgated in 2010 did not provide for additional commissions yet the new Constitution paved way for new forms of government but the (2003) Act has not been amended. This is problematic as regards asset declaration in the newly formed public offices," she said.
Kenya has no centrally managed depository, as done in Rwanda, she said, and retrieval of declarations becomes a challenge.
The Kenyan law, she said, is also silent on disciplinary action to be taken where bleach is observed. "This means some commissions can be lenient and others harsh."
The Kenyan asset declaration system is also done manually, in addition to the fact that they also have a problem of storage as they have incur huge financial expenses to lease large warehouses for the task.
Ella Ndikumana, Executive Director TI-Burundi, said her country has no law obliging public servants to declare assets.
They have an anti-corruption law, Ndikumana said, but it is not clear on asset declaration.
Rwandan lawmaker, Theoneste Begumisa Safari, noted that asset declaration in Rwanda is now a culture.
Safari said: It's all about the political will and the oversight law meant to foster good governance. I recommend that we make asset declaration a culture in east Africa also. Everybody in public office is representing citizens."
Paul Banoba, a representative of the TI-Secretariat, highlighted how, for example, regional capitals have "properties purchased using funds obtained from the conflict in South Sudan '' and that the recovery of assets that have moved illegitimately or illegally is a very costly affair.
Banoba added: "Prevention of these assets moving, therefore, becomes extremely important."
The protocol, he noted, comes handy as it, among others, details procedures for states mutual assistance and the role of citizens in curtailing corruption.
"For example, South Sudan citizens in a backyard in Nairobi, can be exposed. Besides citizens, the media too can help in tracing."
A similar stakeholders' round table will be held after two weeks to wrap up work on the protocol after considering all feedback.
Sheila Masinde, from TI-Kenya said: "We look forward to some more elaborate feedback on the document shared."