As the world nations mark the International Anti-Corruption Day today 9 December 2010, five civil society groups in the country have called on the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to adopt a victims-centre approach in their fight against corruption, by establishing units to give priority attention to the interest of victims of corruption.
As the world nations mark the International Anti-Corruption Day today 9 December 2010, five civil society groups in the country have called on the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to adopt a victims-centre approach in their fight against corruption, by establishing units to give priority attention to the interest of victims of corruption.
The groups are: the Wole Soyinka Center for Investigative Journalism; Socio-Economic Rights & Accountability Project (SERAP); Women Advocates Research and Documentation Centre (WARDC); Human and Environmental Development Agenda (HEDA), and Committee for the Defence of Human Rights (CDHR).
The groups constituted the jury that awarded the late legal luminary and human rights activist, Chief Gani Fawehinmi, (SAN) the 2010 Civil Society Anti-Corruption Defender Award posthumously. Mrs. Ganiyat Fawehinmi will receive the Award on behalf of Chief Fawehinmi’s family at a ceremony in Lagos later today.
In a statement to be read at the award ceremony this evening; and signed on behalf of the groups by SERAP Executive Director Adetokunbo Mumuni, the groups said that, “Corruption has been the bane of the country for decades. A cursory look at the recent Transparency International’s Corruption Index will reveal the pathetic picture of systemic and institutionalized level of corruption in the country. Nigeria emerged 134th of the 178 countries assessed by Transparency International in the Corruption Index released recently, sliding four places from last year’s position.”
According to the groups, “The modalities, operations, and details of the proposed Victims Units will need to be worked out but it is important to recognize that corruption is not a victimless crime, and both the EFCC and the ICPC can provide the leadership to empower and give voices to the countless victims of corruption in the country by beginning to make this a central part of their operations. The EFCC and the ICPC can operate a victim unit through a creative interpretation and application of their statutory powers and mandates. Both institutions will need to provide the much needed leadership in this area if the fight against corruption is to be comprehensively won.”
The groups also said that, “While corruption is generally seen as a crime against the state, there is little attention on the impact on the individual citizens, especially the most vulnerable sectors of the population (the poor, women, children, and elderly) who continue to be victimized, without any direct access to an effective remedy, ie in the form of compensation or guarantee of non-repetition.”
The groups also said that, “As important as it is, too much focus on criminal law and law enforcement approach to corruption, especially grand corruption without more, cannot help resolve the long-standing problem of corruption in the country. A new and victim friendly approach is overdue to add value to the law enforcement approach. “
According to the groups, “The proposed Victims Units will have the mandate to provide support and other appropriate assistance to victims of corruption which the institutions investigate and prosecute. The Units will be able to identify victims, and facilitate a forum where those found guilty of high level official corruption and other forms of corruption by the court can offer a public apology directly to the victims. The institutions can also file cases for civil remedy and compensation on behalf of victims of corruption. Also, both institutions can champion the call for a national anti-corruption trust fund to address the massive poverty to which many Nigerians are subjected.”
“It should be noted that United Nations Convention against Corruption in Art 35 and Art 57.3 encourage national authorities to put in place legal mechanisms that would enable those that have suffered damages as a result of corruption to obtain compensation. Also, the African Charter on Human and Peoples, Rights recognizes that in case of spoliation and corruption, the dispossessed people must have the right to lawful recovery and to adequate compensation,” the groups added.
“The underlying principle in UN Convention is that the proceeds of corruption should be returned to the rightful owner, the victim country. But the citizens who are the ultimate victims of corruption have the right to know how recovered stolen funds are spent, and to demand that the government commit the funds to build up infrastructures in their communities through projects independent of the political system that condone corrupt practices.”
“Bringing victims of corruption into the strategy empowers them by providing them with a voice and reinforcing the value of their opinions. It also demonstrates that they will have an effect on policy-making and gives a greater sense of “ownership” of the policies that are developed,” the groups further added.
Nigeria is reported to have lost over $400 billion to corruption since independence in 1960. The African Charter on Human and Peoples, Rights recognizes that in case of spoliation and corruption, the dispossessed people must have the right to lawful recovery and to adequate compensation.
SIGNED
Adetokunbo Mumuni
SERAP Executive Director
9/12/2010
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