Following the revelations about the stolen assets of Hosni Mubarak (70 billion) and Ben Ali ($ 5 billion), government authorities and judicial Western In particular, will have to react when the issue of restitution they asked. It is a policy of remediation, which so far remains very below expectations in the light of the outcome in the past to the affairs of the same ilk. It would be wrong not to recognize that the grammar reform the international financial system continues to grow to cope with the scale of money laundering, tax evasion and concealment of stolen government money. But whatever the direction of thinking about this, it follows that there is still much to be done to transform this system that ritual use of restorative justice, moreover, unfair and inefficient for this specific component .
Denial of restorative justice
exchanges of tax information, legal and banking are generally between rich and developed countries. Their lack of cooperation "extended" in the subject, with African countries is a violation of Article 51 of the UN Convention against Corruption (UNCAC-2005). This includes the largest number of States Parties (147) and clearly states the principle of restorative justice. This principle is expressed in Chapter V, "the return of assets, resulting in a focus on the injury while trying to repair or restore the imbalance between different parties. Art. 51 Al 1, stipulates: "the return of assets pursuant to this chapter is a fundamental principle of this Convention and States Parties shall provide cooperation and assistance the most extensive in this regard. "This will be reaffirmed in the Initiative for the Stolen Asset Recovery (StAR). Unfortunately we can not rely on a global financial system still very opaque, imbued with unfair rules that strangle African countries, to do justice as fairness to African people.
framework of international financial liberalization still Lizard workings of money and a predominance of bilateral agreements on multilateral agreements is not conducive to that restorative justice. African states are still unstable, vulnerable and destitute of specialized expertise and are therefore not up to nuisance lawsuits sometimes cleverly orchestrated to thwart or discourage governments that initiate this process of restitution (DRC case against Switzerland, for example ). But the abandonment of the procedure for refund may also be linked to a politicization of the issue in the country where local authorities prefer the Peace cons of internal justice.
Denial of justice is here a double punishment: it is more involved in the degradation of living conditions of victims. These have already suffered the impact of stolen assets on their socio-economic and even political. Here are some irremediable consequences as millions of deaths, injuries socio-political, environmental degradation. What a feeling of injustice that international assets stolen "poor" human rights violations, are driving the market and in financial support from rich countries?
Inefficient justice
To the extent that efficiency is related to the result, its inefficiency is revealed here, in view of the victims have finally returned. They are insignificant and less reinserted into the programs of socioeconomic development. This practice
remediation reflects some complacency of international financial and economic organizations, a lax enforcement of existing regulations by some rich countries taking advantage of this "economy of money laundering, tax evasion and diversion of public funds" . What concrete results expected come from the mutual legal cooperation between StAR and the 23 affected countries that have requested its support since 2006? What results for pledges of good will displayed in London G20 (2009)? It took
, including Nigeria, 5 years to repatriate $ 505 million on U.S. 3 to 5 billion allocated to Sani Abacha (1993-1998) and his relatives in the West. The last complaint of the former Zaire was dismissed April 21 2009 by Swiss authorities for prescribing practice. Of the 20 to 40 billion dollars in aid annually diverted in recipient countries (Help) only 5 billion has been returned these past sixteen years. And about $ 150 billion still no return from Africa each year (UNCTAD). Yet Switzerland prides itself on being the only financial to have returned in fifteen years 1.3 billion euros to all victims.
Faced with reports of ever-increasing power in the international financial system still ethically dry, this restorative justice is not within the reach of the weakest. Beyond anything greater prevention, through a rigorous application of the various conventions on international bribery and money laundering, they will render a real service. The offshore and onshore financial centers should promote greater transparency and enforcement of laws against money-laundering. Host countries of origin as those of multinational firms should legislate on the right (of information) "citizens to know" about the terms of contracts with foreign governments and the need to publish what they pay them. In the wake of social transformation in African countries it is extremely urgent to generalize the practice of law on conflicts of interest, declaration of assets for certain political and economic figures before and after taking office.
Author: Noumbissi Tchamo
Noumbissi Tchamo, researcher in political and legal philosophy.
Published in collaboration with UnMondeLibre.org
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