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SPEED-Notes-2011-016 Overview and Analysis of the Anti-Corruption Legislative Package of Mozambique - Findings

SPEED-Notes-2011-016 Overview and Analysis of the Anti-Corruption Legislative Package of Mozambique - Findings

At the request of the Governance Platform of the donor community in Mozambique, a team of experts conducted a detailed analysis of the anti-corruption legislative package that has been approved by the Council of Ministers and has been tabled in Parliament. The assessment, funded by USAID and DFID, comprised of: (i) an offsite revision of Mozambican legislation – which was benchmarked with the pertinent international standards which Mozambique is party to – as well as other pertinent documents; and (ii) an on-site mission to Mozambique seeking to interview relevant stakeholders responsible for the drafting the bills which comprise the anti-corruption package, public officials responsible for preventing and combating corruption in Mozambique, and to interview with the donor community, including the Heads of Mission and Co-operation.

The anti-corruption package contains: (i) a revised and consolidated Criminal Code, which would replace the one currently in force; (ii) a revised Criminal Procedure Code; (iii) a Code of Ethics for Public Officials – which includes rules on conduct, conflict of interest and declaration of assets; (iv) a witness protection law; and (v) minor legislative changes on laws currently in force, e.g., the Organic Law of the Prosecution Service and the Organic Law of the Judiciary.

The findings are divided into a three-pronged approach: (i) short-term actions which can be taken to support passing the bill through the Mozambican Parliament; (ii) medium-term action planning seeking to give support in enabling Mozambique to carry out all required by the anti-corruption package; and (iii) long-term commitment, in which the goal is to ensure knowledge transfer and retention for a more effective legal response to combat corruption in the country.

The Mozambique anti-corruption package provides a comprehensive update of the current framework to more effectively prevent and combat corruption. The experts note that the anti-corruption package is in line with current international standards and best practices and will enable effective combating of corruption through efficient use of resources available to Government.

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