roman statue of justice
Transparency International's 2023 Corruption Perceptions Index (CPI), released last week, paints a chilling picture. Where judicial systems are broken, corruption flourishes and power is held by a toxic mix of weak institutions and powerful people who manipulate the law to their own advantage. This is not limited to authoritarian regimes. Democratic leaders are increasingly complicit in undermining justice, and impunity is widespread worldwide.
Bribery, abuse of power, and control of entire judicial systems by the rich and powerful have become commonplace. The consequences are devastating, with vulnerable people being denied access to justice while the rich and powerful have free rein. This erosion of accountability creates fertile ground for corruption to flourish, further weakening the very institutions that are supposed to uphold the rule of law.
Africa in particular faces difficult challenges. Although some countries are showing signs of progress, the continent remains the most corrupt region in the world. His CPI for 2023, which focuses on the past 10 years, is a stark reminder that business as usual cannot continue. We must act now to strengthen our justice system and hold everyone accountable, regardless of position or power.
The specter of corruption looms across the continent, its tentacles choking progress and justice. A weak judiciary that is unable to hold those in power accountable has become a breeding ground for impunity.Mr. Manuel, former finance minister of Mozambique Mr. Chan is embroiled in the “tuna bond'' scandal and is currently awaiting trial in the United States. Questions remain as to whether a fair trial will be held if he returns to Japan. In Angola, billionaire Isabel dos Santos, accused of embezzlement, remains a fugitive despite being pursued by Interpol. In Zimbabwe, the “capture and release'' of corrupt officials has become a daily routine, and the outcome of investigations has been little more than disillusionment among the people.
South Africa's Zondo Commission of Inquiry has exposed state capture of the Gupta family, but extradition efforts remain futile. Malawi is facing the fallout from corruption scandals that have eroded public trust. The Democratic Republic of the Congo's “Congo Heist” reveals large-scale plunder, but accountability remains a distant dream. Unresolved political corruption cases reign supreme in Nigeria, evidence of the stranglehold of impunity.
The case between Equatorial Guinea and France at the International Court of Justice highlights the complexities of navigating the existing international legal system.
Space and time constraints preclude further investigation, but the examples presented paint a chilling truth. Domestic courts are often influenced by the very power structures plagued by corruption and are unable to deliver justice. An alternative solution is urgently needed.
Possibilities exist in district courts and sub-district courts. But the fate of the Southern African Development Community Tribunal, which remained silent even when people dared to challenge political decisions, is a stark reminder of its limitations. Similarly, although the African Court of Human Rights is mandated to address corruption, there is a lack of political will to enforce it, and few African countries have ratified the necessary protocols.
A third potentially promising option is the International Anti-Corruption Court (IACC). But African leaders remain wary of the International Criminal Court and are hesitant to offer assistance. Opponents may cite concerns about national sovereignty, but they must not forget the sovereignty of the people whose resources are being taken and justice denied. The IACC complements, not replaces, national efforts to uphold the rule of law and facilitate international asset recovery.
The time for hesitation is over. The human cost of doing nothing is incalculable. Let us unite behind IACC and send a clear message that corruption has no safe haven and justice knows no borders.
Prosper S. Magchu is an assistant professor of law specializing in financial crimes and international asset recovery using a human rights-based approach.