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English, French

ID: <

oai:doaj.org/article:83d6f469e60746de97488301df5d6bb2

>

·

DOI: <

10.5771/2363-6262-2017-2-142

>

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DRAFT LAW ON THE FIGHT AGAINST CORRUPTION IN THE DEMOCRATIC REPUBLIC OF CONGO: Reflexions ON THE COMPETENCES AND THE CHANCES OF SUCCESS OF A NATIONAL LUTING AGENCE ON CORRUPTION

Abstract

La corruption is one of the serious crimes according to the Convention against Transnational Organised Crime and in the Democratic Republic of the Congo, government actors have put in place a criminal policy to contain this criminal phenomenon, which currently does not save any country. Thanks to the documentary technique and the exegetic method, we will try in this reflection to analyse the chances of success of a national anti-corruption agency whose draft law has been the subject of an intense debate in parliament. Corruption is one of the corrupt feelings of Congolese society; this transnational criminal phenomenon, which takes several forms, raises no doubt about the continuing devastation it causes in the various sectors of Congolese national life. To contain it, many mechanisms and measures have been put in place. These mechanisms, which are to be located outside the Congolese Criminal Code (containing the main repressive legislation in this area), include: ratification by the Congolese Government of the United Nations Convention against Corruption (UNCRC), the Protocol against Corruption of the Southern African Development Community (SADEC) and the African Union Convention. In addition to these international mechanisms, legal standards and measures have been adopted by the Congolese State, including the enactment of the Law on Money Laundering and the Financing of Terrorism, the reform of the public administration, the accession of the country to the Extractive Industries Transparency Initiative (EITI), the 2003 Decree on the Code of Good Conduct for State Officials, the 2003 Decree establishing the Observatory of the Code of Ethics and the ratification by the Congolese Parliament of the African Union Convention on Combating Corruption. As can be seen, anti-corruption measures and means are increasing, although public authorities are struggling to limit the proportion of corruption. At present, the initiative for a draft law on the organisation and operation of a National Agency for Combating Corruption divides parliamentarians. At the outset, it must be said that the efforts made by various actors involved in this fight are still considered insufficient and are highly poorly listed at international level. There are now two strong signs of the fight against corruption in the country; this was the launch of the zero tolerance operation and the convening by decree of the National Forum on Combating Corruption in 2009, which led to the establishment of the strategic document to combat corruption.Despite these measures and reforms, it must be noted that the Democratic Republic of Congo continues to be one of the countries in the world where corruption is happening well. The country ranks 154th on the list of most corrupt states, according to the NGO Transparency International. The fight against corruption remains ineffective despite the existence of various mechanisms and measures mentioned above. We note today, for example, that in the public sector there is a flow of public revenue, with tax evasion estimated at over 20.000.000 francs Congolese. In view of these factors, we can point to the failure to initiate judicial investigations, the non-existence of sanctions, and finally, we note that the trustees of public companies alleged to be guilty of corruption are only fanciful apprehended. In these cases, we can question the contribution of the National Anti-Corruption Agency to the other anti-corruption mechanisms already in place in the country. In this reflection, we have asked ourselves a number of questions, namely: ● What are the competences of the National Anti-Corruption Agency in relation to the tasks entrusted to the judiciary in our country? ● Is the National Anti-Corruption Agency a mere copy of the anti-corruption mechanisms existing in other areas? ● Will the legal means applied in the country alone be able to contain this scourge effectively? This research is structured around three chapters: the first chapter analyses the legal means used by the Congolese State to contain the phenomenon of corruption. The second chapter deals with the discussion on the competences and chances of success of the National Anti-Corruption Agency and, finally, the third chapter looks at ways of resolving the phenomenon of corruption in the Democratic Republic of Congo.

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