Fighting Corruption in Schools: CERC and APNAC DRC to propose Legislative Initiative to the National Assembly of the DRC

CERC is launching an ambitious initiative to build integrity and anti-corruption measures in the education sector. This initiative takes the form of a Draft Law aimed at incorporating Integrity Clubs and an Integrity Education course in all secondary schools across the country.

CERC, an organization dedicated to promoting integrity and transparency, developed this proposed law in collaboration with Members of Parliament (APNAC DRC), education experts and civil society actors.. The primary objective is to raise awareness among students from a young age about the principles of integrity, civic responsibility, and anti-corruption efforts.

In 2022, the African Parliamentarians Network Against Corruption (APNAC RDC) endorsed this initiative at the DRC National Assembly. These parliamentarians, fully cognizant of the dire consequences of corruption in education and on the nation’s progress, have taken the initiative to champion this Draft Law and transform it into actionable legislation.

The Integrity Clubs outlined in this proposed law will be dynamic structures within schools, composed of elected students tasked with promoting integrity and transparency. Concurrently, the Integrity Education course integrated into the regular school curriculum will educate students on ethical issues and civic responsibility.

This initiative represents a major step forward in the fight against corruption in the DRC, as it aims to instill integrity values from an early age and mobilize students as key actors in this struggle. It also aligns with a broader effort to strengthen institutions and promote good governance.

CERC and the parliamentarians who are members of APNAC RDC call for widespread support from the population and civil society actors to make this proposed law a concrete reality. Together, we can work towards a future where integrity and transparency are the cornerstones of our education system and society as a whole.

Download the Draft Law.

The Illicit Financing of Political Parties: A Serious Threat to Equity and the Integrity of the Electoral System in the DRC

The illicit and non-transparent financing of political parties poses a major challenge to the equity and integrity of the electoral system in the Democratic Republic of Congo (DRC). This practice, in addition to compromising the transparency and fairness of elections, erodes public trust in the democratic process.

Article 7 of the United Nations Convention against Corruption (UNCAC) and Law 004/02 of March 15, 2004: Insufficient Standards

Article 7 of the UNCAC refers to the financing of political parties. However, it does not provide explicit standards to regulate this funding. This gap leaves many opportunities for corruption in the financing of parties and electoral campaigns in the DRC.

In its report on the implementation of the UNCAC provisions by the Democratic Republic of the Congo, the CERC highlighted the existence of a legal framework governing the operation and management of political parties. This includes Law 004/02 of March 15, 2004, on the organization and functioning of political parties and Law No. 08/005 of June 10, 2008, on public financing of political parties.

Article 26 of Law No. 04/002 of March 15, 2004, on the financing of political parties in the Democratic Republic of Congo addresses several important provisions, including:

  • Prohibition of foreign financing: Article 26 explicitly prohibits political parties and candidates from accepting foreign funding for their political activities. This aims to preserve the independence and sovereignty of the Congolese electoral process.
  • Financial transparency: It requires political parties to maintain transparent financial accounts and submit them to regular scrutiny by competent bodies. This transparency aims to prevent illicit financing.
  • Sanctions for non-compliance: The article provides for severe sanctions, including the dissolution of the political party, in case of non-compliance with the financing rules stated in the law. This reinforces the incentive to scrupulously adhere to established standards.

Despite this regulatory framework, the CERC report highlights some shortcomings in the implementation of these provisions, including:

  • The absence of an authority responsible for supervising and enforcing political financing regulations;
  • Non-compliance with the obligation to report annual financial statements by political parties; and
  • The lack of sanctions for political parties that do not comply with the provisions of the law.

These gaps create avenues for many opportunities for corruption in the financing of parties and electoral campaigns in the DRC.

The Next Elections in the DRC: A Test for Electoral Integrity

The upcoming senators and governors elections in the DRC are a crucial test for electoral integrity. Recent allegations of corruption underscore the urgent need for concerted action to strengthen political financing regulation, establish effective monitoring mechanisms, and ensure deterrent sanctions for offenders.

Recommendations To address these challenges, it is imperative for the DRC to strengthen the legal and regulatory framework regarding political financing. This includes:

  • Creating an independent authority responsible for supervising and enforcing financing rules,
  • Imposing severe sanctions to deter violations, and
  • Improving financial transparency of Political parties through regular and accessible reports to the public.

Additionally, increased awareness of the importance of electoral integrity, engagement of political actors and civil society, and international cooperation in combating corruption are essential to strengthen democracy in the DRC.

Building Infrastructure with Integrity: The Role of Citizen Monitoring and Advocacy

Corruption has been a longstanding issue in the DRC, particularly in infrastructure projects funded by international aid and public resources. These projects, vital for economic development and improving citizens’ quality of life, often face corruption at various levels, leading to cost overruns, substandard work, and delayed completion.

The mismanagement of funds and lack of oversight have resulted in projects that do not meet quality standards or fail to benefit the intended communities adequately. This wastes public funds, undermines trust in government institutions, and hampers socio-economic progress. However, innovative approaches, such as the use of technology and citizen-led advocacy, offer promising solutions to mitigate corruption risks and ensure transparency and accountability in infrastructure development.

One organization at the forefront of addressing corruption in infrastructure projects in the DRC is the Centre de Recherche sur l’Anti-Corruption (CERC). CERC has developed innovative tools and strategies to empower citizens and hold government officials and contractors accountable. One such tool is the CitizenEye Mobile App, a user-friendly platform that allows citizens to report corruption, monitor projects, and engage in advocacy efforts.

The CitizenEye Mobile App enables citizens to document and report irregularities they observe in infrastructure projects, such as embezzlement, bribery, and poor construction quality. Through real-time reporting and geo-tagging features, citizens can provide evidence directly to CERC, enhancing transparency and enabling swift action against corrupt practices. Moreover, the app serves as a communication channel for citizens to voice their concerns and demand accountability from relevant authorities.

In addition to the technological aspect, CERC employs a citizen-led advocacy approach to complement its monitoring efforts. By organizing training workshops, community meetings, and awareness campaigns, CERC empowers citizens with knowledge about their rights, the importance of transparency in infrastructure projects, and strategies for effective advocacy. This grassroots mobilization not only strengthens communities’ capacity to detect and prevent corruption but also fosters a culture of civic engagement and accountability.

The impact of CERC’s approach is evident in several successful cases where citizen monitoring and advocacy have led to positive outcomes in infrastructure projects. For instance, through citizen reports and advocacy campaigns, CERC exposed corrupt practices in a road construction project, leading to investigations, disciplinary actions against officials involved, and the redirection of funds to complete the project as per standards.

By leveraging technology, citizen participation, and advocacy, CERC’s model presents a viable solution to combat corruption in infrastructure projects in the DRC. However, sustaining these efforts requires continued support from stakeholders, including government agencies, civil society organizations, and international partners. Investing in transparency measures, strengthening anti-corruption institutions, and promoting civic engagement are crucial steps towards ensuring that infrastructure development in the DRC benefits all citizens and contributes to sustainable development.

Tackling illicit financial flows from Africa for Africa’s economic development

Despite the proliferation of international, regional, and national legal instruments and mechanisms that regulate the issue of illicit financial flows, Africa struggles to reverse the trend against these scourges that bleed its economies and act as a bottleneck to its development. According to a report commissioned by the Conference of African Ministers of Finance, Planning, and Economic Development, produced by the high-level panel on illicit financial flows from Africa, the biggest obstacle to development financing in Africa is the problem of illicit financial flows. It is estimated that these flows amount to between $50 billion and $80 billion annually, surpassing the level of foreign aid received by African countries (Report 2015).

From 2000 to 2015, the total amount of illicit capital fleeing Africa reached $836 billion. Compared to the total stock of Africa’s external debt, which was $770 billion in 2018, this makes Africa a “net creditor to the world.” While Africa received $29.7 billion in official development assistance in 2018, it simultaneously lost over $50 billion in illicit financial flows. The large-scale illegal money movements each year prevent developing countries from having the necessary resources to progress and build basic public infrastructure for the population.

According to a joint initiative by the United Nations Office on Drugs and Crime and the World Bank’s Stolen Asset Recovery Initiative (StAR), between $20 billion and $40 billion are diverted annually by corrupt public officials in developing countries and transferred abroad. These amounts primarily come from diverted public funds or bribes received in relation to public decisions, such as awarding public contracts or obtaining permits. In cases of corruption, the payments to corrupt public officials often originate from foreign multinational corporations from developed countries. In addition, improper commercial invoicing, transfer of multinational corporations’ profits, and offshore banking deposits to conceal crime proceeds or evade taxes deprive national treasuries of much-needed resources that could be invested in development.

The adverse effects of corruption on the economies of African states are well known. Corrupt practices worsen poverty, reduce government tax revenues, constrain spending on health and education, discourage foreign direct investment, or stifle new business creation. Furthermore, they create a fertile ground for organized crime and terrorism. Unfortunately, a large portion of money acquired in the poorest countries is transferred and held abroad, often in the wealthiest countries, in the form of cash, stocks or bonds, real estate, or other assets.

While the sources of illicit financial flows are indeed within the continent itself, the mechanisms for channeling funds often involve non-African private and public actors and are sometimes the result of policies and laws adopted by intergovernmental bodies and governments of other continents.

In February 2010, Equatorial Guinea was targeted in a report by the U.S. Senate. Titled “Keeping foreign corruption out of the United States: Four case histories,” the report examines how Teodorin Nguema Obiang Mbasogo, son of the Equatorial Guinean president, used the services of American lawyers and real estate agents to introduce over $100 million of suspicious funds into the country and serve his interests there, including buying a $35 million villa in California and a $38 million private jet. The report notes that this is not the first time the Obiang family has been investigated by a U.S. Senate task force. Similar cases are widespread worldwide.

Developing countries, especially those in Africa, lack institutional and administrative capacity in measuring illicit financial flows, regulating them, and enforcing existing laws and regulations. Therefore, multilateralism has a key role to play in reducing illicit financial flows, which are among the most serious threats to the contemporary world. The rationale for asset recovery is that, for centuries, developing countries have suffered greatly from the loss of vital resources due to illicit outflows of their assets, thus depriving these countries of the resources needed for economic development, social well-being, and political stability.

The return of assets to their countries of origin, especially in Africa, can have a significant impact on education, employment, health, infrastructure, and overall development. Asset confiscation and restitution are powerful tools and a panacea for sustainable development prospects in Africa. The resource needs of African countries for the provision of social services, infrastructure, and investment underscore the importance of eliminating illicit financial flows from the continent.

Recommendations to the Conference of States Parties to the United Nations Convention against Corruption to eliminate illicit financial flows from Africa:

To Africa’s partners:

  1. We recommend enhanced collaboration and consistent engagement between Africa and major global players such as the United States and the European Union to improve transparency in the international banking system, inviting banks to share necessary information about bank assets (identity, asset origin, and country of deposit and depositors).
  2. We recommend the IMF, the United Nations, the World Bank, etc., to assist African States in adopting measures and instruments to combat illicit financial flows and to place the issue on the global agenda, seeking greater coherence in the efforts undertaken for this purpose.

To African States:

  1. Strengthen genuinely independent bodies and administrations responsible for preventing illicit financial flows.
  2. Improve supervision of banks and non-bank financial institutions.
  3. Establish a mechanism for analyzing the nature and extent of illicit financial flows from Africa and disseminate information to the public to raise awareness of the negative effects of illicit financial flows from Africa.
  4. Develop mechanisms for sharing and coordinating information among various public institutions and administrations responsible for preventing illicit financial flows.

Author: Musa Nzamu ([email protected])

CERC and DRC Parliamentarians Join Forces to Strengthen Anti-Corruption and Integrity Education in DRC

Kinshasa, February 2022.

In a significant step towards fortifying the fight against corruption in the Democratic Republic of the Congo (DRC), the Centre de Recherche sur l’Anti-Corruption (CERC) marked a historic milestone in 2022. CERC signed a memorandum of understanding with the African Parliamentarians Against Corruption network, outlining an ambitious agenda to reform the education sector in the country.

This landmark agreement is set to play a pivotal role in reshaping the educational landscape of the DRC, as it aims to develop two crucial draft laws. These laws are instrumental in the integration of Integrity Clubs and integrity education within the nation’s educational framework.

The integration of Integrity Clubs represents a proactive approach towards instilling values of accountability, transparency, and ethics in the young minds of the DRC. In 2022, CERC took a monumental step forward by establishing 150 Integrity Clubs across South Kivu and Kinshasa. These clubs provided 2250 school children, aged between 14 and 19, with invaluable skills and resources to monitor and advocate for improved education services and infrastructure in their respective schools.

Furthermore, CERC’s initiatives extend beyond students, encompassing the very educators and administrators shaping the future of the DRC. Through meticulous training programs, CERC empowered 278 teachers and 138 principals from 150 secondary schools in South Kivu and Kinshasa. This training equipped them with the necessary knowledge and resources to combat inefficiencies and corruption in education services.

Through active engagement with Members of Parliament, CERC effectively influenced policymaking at a legislative level. This collaborative effort guarantees that integrity education is not only included in the curriculum but also reinforced by the legal framework. This significant milestone lays the foundation for a systematic and standardized approach to instilling values of integrity within educational institutions throughout the Democratic Republic of Congo.

Building accountability in the mining sector

The Democratic Republic of Congo is one of the world’s largest suppliers of technology metals such as cobalt, nickel, manganese, lithium, and tantalum. The DRC is also the fourth largest producer of copper and has a potentially long future in the mining sector due to the under-exploration and current development of mining projects of global significance. Although the mining sector is a key component of national development, accounting for approximately 20% of GDP and 98% of exports, it has never been able to create a positive impact on the DRC’s economy or on its people due to the corrupt and poorly monitored regulatory system.

In the mines of Katanga and Lualaba provinces, cobalt, lithium, and copper are mined in industrial and artisanal concessions. Each mode of operation lacks transparent due diligence in several key areas, including procurement, subcontracting, and joint venture reporting practices. Artisanal or small-scale mining (ASM) at some cobalt and copper mining sites is accompanied by illegal intervention by corrupt political and military actors, a lack of transparency in production and export data, and human rights abuses, including child labor, environmental degradation, and unsafe working conditions.

Congolese cobalt production is estimated to account for 58% of global production. Growing demand and the struggle for access to this valuable material by manufacturers of electric vehicles and consumer electronics can provide an opportunity for corrupt networks to enrich themselves in a poorly regulated and monitored environment. In addition, under the new mining regulations, mining companies are supposed to return a portion of their profits in the form of royalties for developing mining communities. Still, these mining royalties are often mismanaged or misappropriated by corrupt officials.

If managed transparent and accountable manner, the revenues generated from green minerals mined in these communities can contribute to poverty reduction in the DRC and leverage development. Building accountability in the mining sector is essential for ensuring a sustainable future for the industry and the planet. This essay will discuss two key strategies for building accountability in the mining sector: increased transparency and improved regulation.

Increased Transparency

Transparency is essential for ensuring accountability in the mining sector. Companies must be open and honest about their operations, including their environmental and social impacts. This can be achieved through public disclosure of information, such as financial records, environmental reports, and social impact assessments. This information should be made available to the public, allowing stakeholders to hold companies accountable for their actions. Additionally, companies should engage in meaningful dialogue with local communities to ensure that their operations are not causing any harm.

Improved Regulation

In addition to increased transparency, improved regulation is also necessary for building accountability in the mining sector. Governments should create and enforce regulations that ensure companies are operating in a responsible manner. These regulations should cover a range of issues, including environmental protection, labor rights, and human rights. Companies should also be held accountable for any violations of these regulations, with appropriate penalties imposed for non-compliance. This will ensure that companies are held responsible for their actions and incentivize them to operate in a responsible manner.

In conclusion, building accountability in the mining sector is essential for ensuring a sustainable future for the industry and the planet. This can be achieved through increased transparency and improved regulation. Companies must be open and honest about their operations, while governments must create and enforce regulations that ensure companies are operating in a responsible manner. Only by taking these steps can we ensure that the mining sector is held accountable for its actions and that its operations are not causing any harm.