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SPEED-Reports-2012-001 Overview and Analysis of the Anti-Corruption Legislative Package of Mozambique - Legal Analysis

SPEED-Reports-2012-001 Overview and Analysis of the Anti-Corruption Legislative Package of Mozambique - Legal Analysis

The anti-corruption package of Mozambique has been reviewed in accordance to the international treaties the country has ratified and other soft law mechanisms. As such, 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).

The methodology utilised for the production of the report included both (i) a desk review of the anti-corruption package, as well as (ii) 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 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 report is divided as follows: (i) introduction, in which a brief overview of the international standards and methodology is explained; (ii) code of conduct, regarding the proposed Code of Conduct for public officials, which comprises rules on conduct and ethics, conflict of interest and the declaration of assets; (iii) criminalisation, comprising the relevant anti-corruption provisiong and offences in the proposed Criminal Code, as well as rules pertaining to immunities of public officials, special investigative techniques, whistleblower protection, international co-operation and asset recovery provisions; (iv) anti-money laundering, the interaction of the anti-corruption legislation with the anti-money laundering regulation in Mozambique; and (v) international co-operation, which seeks to analyse the Mozambican capacities to engage with other jurisdictions for the effective combating crime with transnational effects.

The Mozambique anti-corruption package provides a comprehensive update of the current framework to more effectively prevent and combat corruption. While some specific aspects of this legislative package may fully meet the international standards, it is nonetheless of paramount importance that the anti-corruption package be approved in full by the Mozambican parliament as it currently stands, to ensure a comprehensive anti-corruption system in the country.

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