Wednesday, March 3, 2010

Review of Accountability Sector Legislation

The team then reviewed AS legislation as follows:

It was noted from the onset that there is no sectoral legal framework. The Sector is premised on a policy arrangement of the SWAP. This Sector is composed of powerful independent, constitutional and statutory agencies with their respective legal mandates. The possibilities of overlap are high as well as the need for each of the players to cooperate and built synergies.

It is therefore extremely important to analyze and appreciate the individual institutions’ legal mandates if the sector is to harmoniously operate. In fact all interviewees overwhelmingly agreed that for success of this sector, a reflection of some of the frameworks and mandates be made to enhance collaboration to provide comparative benefits by member institutions.

1. International conventions/treaties

These include but are not limited to:
• UN convention against corruption
• African Union convention against corruption

1. the United Nations Convention against Corruption
The statement of purpose of the United Nations Convention against Corruption is:
(a) To promote and strengthen measures to prevent and combat corruption more efficiently and effectively;
(b) To promote, facilitate and support international cooperation and technical assistance in the prevention of and fight against corruption, including asset recovery;
(c) To promote integrity, accountability and proper management of public affairs and public property.
Article 38 "Each state shall take full measures AS MAY BE NECESSARY TO ENCOURAGE,
In accordance with its domestic law, cooperation between, on the one hand, its public authorities, as well as public officials……"

It should be noted that Uganda is a signatory to most of these conventions and treaties. This means that Uganda is obligated to promote good governance, transparency, accountability, rule of law etc and to generally fight and combat corruption. The Government has taken steps to domesticate some of the above treaties and enact new legislations like Audit Act, Anti Corruption Act, Ant Money Laundering Bill, etc. Additionally this creates operational room for the accountability sector.

No comments: