The Practical Significances and Challenges of Assets Disclosure and Registration Law in Combating Illicit Enrichment Crime in Ethiopia

LL.B. LL.M. Diriba ADUGNA TULU

Abstract


A well-designed and structured Asset Disclosure and Registration (ADR) system can be used as a strong tool to combat corruption effectively and eventually lead to successful conviction of illicit enrichment crime. The main objective of this paper is to identify the practical significances and challenges of implementing ADR law in combating illicit enrichment in Ethiopia and forwards the recommendations for the identified issues. In order to achieve the intended aims, the author employed the combination of doctrinal and empirical legal research approach. Accordingly, this paper analyzed both primary and secondary data sources. Then, the data were analyzed and interpreted using qualitative method to draw conclusions. Thus, this paper found that the Ethiopian ADR law has not comprehensively designed to combat illicit enrichment crime. Besides, it was poorly implemented in fighting illicit enrichment crime in Ethiopia. Finally, this paper recommends different measures to be taken into account by the government, law enforcement and Federal Ethics and Anti-Corruption Commission (FEACC) so as to enhance the effective implementation of ADR law in combating illicit enrichment in Ethiopia.

Keywords


Corruption; Crime; Assets Disclosure and Regis-tration; Illicit Enrichment; Asset Disclosure; Asset Declarations;

References


Laws

African Charter on Human and People’s Rights, 21 ILM 58, (1981).

African Charter on The Rights and Welfare of the Child OAU Doc. Cab/Leg/24.9/49

(1990), entered into force Nov. 29, 1999.

African Union Convention on Preventing and Combating Corruption , July11, 2003, 43 I.L.M. 5.

Assets Disclosure and Registration Proclamation No.668/2010, Negarit Gazeta, 16th Year No. 18, Addis Ababa 12th April, 2010.

Corruption Crimes Proclamation, No. 881/2015,Negarit Gazeta, 21st Year No.36, Addis Ababa, 3rd April, 2015.

Convention on the Rights of the Child, 1577 UNTS 3, (1989).

Inter-American Convention Against Corruption (IACAC), Mar. 29, 1996, 35 I.L.M. 724.

International Covenants on Civil and Political Rights, (16 December 1966, United Nations, Treaty Series, Vol.999).

The Federal Democratic Republic of Ethiopia Constitution, Proclamation No. 1 of 1995.

Inter-American Convention Against Corruption , Mar. 29, 1996, 35 I.L.M. 724.

Universal Declaration of Human Rights, (10 December 1948, 217 A(III).

Human Rights Committee (2007), General Comment No. 32.

United Nations Convention Against Corruption (UNCAC) (2003).

Interviews

Interview with Andualem Tamene, Senior assets verification expert and Team leaders of Asset Disclosure and Registration Directorate at the FEACC, Done at his Office, 7 June, 2019.

Interview with Bogale Taso, Senior Declaration Officer and Team leaders of Assets Disclosure and Registration Directorate at the FEACC, Done at his Office, 7 June, 2019.

Interview with Woldemikael Fitora, Deputy Director of Corruption Crimes Investigation Directorate at FPC, Done at his Office, 7 June, 2019.

Interview with Zelalem Fekadu, Senior public Prosecutor and Prosecution Corruption Crime of Illicit Enrichment and Money Laundry coordination at the FAG, Done at his Office, 12 June, 2019.

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Journal Article/Thesis/Dissertation

Alemayehu, B. (2015). A Study of the Role of Assets Disclosure and Registration Law Proclamation. No 668/2010 in Reducing Corruption: The Case of FEACC. (Unpublished MA thesis, AAU).

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Mohannad, Zainal, and Fauzin. (2016). The Law on the Illicit Enrichment Crime and Financial Disclosure in Jordan: Issue of Effectiveness and Enforceability. The Journal of Social Sciences Research. Vol. 2, No. 5. 98-110.

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Corruption Perception Index 2017. Retrieved from

www.transparency.org/cpi.

Corruption Perception Index 2018. Retrieved from

www.transparency.org/cpi.

Corruption Perception Index 2019. Retrieved from

www.transparency.org/cpi.

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Federal Ethics and Anti-Corruption Nine Month Performance Report, 2018/2019.

FEACC, 1st Round (2003-2004 E.C). (2005).ADR Performance Report, Addis Ababa.

Ethiopia signed the Convention on 10 December 2003 and ratified it on 26 November 2007. Retrieved from

https://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2015_10_14_Ethiopia_Final_County_Report.pdf.

World Justice Project 2018-2019 Rule of Law Index. Retrieved from https://worldjusticeproject.org/sites/default/files/documents/WJP-ROLI-2019-Single%20Page%20View-Reduced_0.pdf.


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DOI: 10.21113/iir.v10i1.564

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