A COMPARATIVE ANALYSIS: SADC PROTOCOL AGAINST CORRUPTION (2001), AU CONVENTION ON PREVENTING AND COMBATING CORRUPTION (2003), UN CONVENTION AGAINST CORRUPTION (2003)

This handbook provides a comparative analysis of three key anti-corruption instruments: the SADC Protocol against Corruption (2001), the AU Convention on Preventing and Combating Corruption (2003), and the UN Convention against Corruption (2003). It is designed as a tool for lawyers, policy makers, and legal drafters in Southern African countries to help them harmonize domestic legislation with these international standards, focusing on prohibited acts of corruption, preventative measures, jurisdiction, and international cooperation.

• The SADC Protocol, AU Convention, and UN Convention share core objectives: promoting mechanisms to prevent, detect, punish, and eradicate corruption, facilitating cooperation among State Parties, and harmonizing domestic policies and legislation.
• While all three instruments prohibit passive and active corruption by public officials, the AU Convention is broader as it allows these acts to be committed by 'a public official or any other person'.
• The UN Convention provides more detailed prohibitions regarding the private sector than the SADC Protocol or AU Convention, specifically including the 'Embezzlement of property in the private sector'.
• The UN Convention includes specific prohibitions on the 'Obstruction of justice', such as using force or threats to induce false testimony, which are not found in the SADC Protocol or AU Convention.
• Only the UN Convention explicitly details sanctions for corruption, including the liability of legal persons and the potential for disqualification from holding public office based on the gravity of the offence.
• All three instruments mandate the creation of anti-corruption bodies, but the AU and UN Conventions place a stronger emphasis on the requirement that these institutions be independent and free from undue influence.
• The UN Convention's approach to asset recovery is described as a 'fundamental principle', providing comprehensive measures for the direct recovery of property and international cooperation for confiscation, which is more detailed than the provisions in the SADC and AU instruments.
• Regarding jurisdiction, all three instruments generally establish authority when an offence is committed in a State's territory or by its nationals, but the AU Convention adds a broader scope for offences that affect the 'vital interests' of the State Party.
• The UN Convention provides the most extensive framework for extradition, including guarantees of fair treatment and specific conditions under which a State may refuse extradition, such as when it believes the request is based on race, religion, or political opinions.
• The UN Convention encourages cooperation with law enforcement through the possibility of mitigating punishment or granting immunity to accused persons who provide substantial cooperation in investigations.

APA

Institute for Security Studies (n.d.). A COMPARATIVE ANALYSIS: SADC PROTOCOL AGAINST CORRUPTION (2001), AU CONVENTION ON PREVENTING AND COMBATING CORRUPTION (2003), UN CONVENTION AGAINST CORRUPTION (2003). https://issafrica.s3.amazonaws.com/site/uploads/CORRUPTHANDBOOKNOV04.PDF

Chicago

Institute for Security Studies. A COMPARATIVE ANALYSIS: SADC PROTOCOL AGAINST CORRUPTION (2001), AU CONVENTION ON PREVENTING AND COMBATING CORRUPTION (2003), UN CONVENTION AGAINST CORRUPTION (2003). n.d. https://issafrica.s3.amazonaws.com/site/uploads/CORRUPTHANDBOOKNOV04.PDF.

Wikipedia

{{cite report |author=Institute for Security Studies |title=A COMPARATIVE ANALYSIS: SADC PROTOCOL AGAINST CORRUPTION (2001), AU CONVENTION ON PREVENTING AND COMBATING CORRUPTION (2003), UN CONVENTION AGAINST CORRUPTION (2003) |url=https://issafrica.s3.amazonaws.com/site/uploads/CORRUPTHANDBOOKNOV04.PDF |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{instituteforsecuritystudiesndcomparative, author = {{Institute for Security Studies}}, title = {{A COMPARATIVE ANALYSIS: SADC PROTOCOL AGAINST CORRUPTION (2001), AU CONVENTION ON PREVENTING AND COMBATING CORRUPTION (2003), UN CONVENTION AGAINST CORRUPTION (2003)}}, institution = {Institute for Security Studies}, url = {https://issafrica.s3.amazonaws.com/site/uploads/CORRUPTHANDBOOKNOV04.PDF}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }