Asset Declaration (CI0020)

Make effective, assets declaration for public officials and civil servant
in compliance with law
June 2018-June 2020 from the implementing
agency
Title, Institution Presidency of the Republic
Email and Phone
TEL : (+225) 22 47 95 00
FAX : (+225) 22 47 82 64
Other
stakeholders
involved
State actors
involved Public administration
CSOs, private
sector,
multilaterals,
working
groups
CSO
Main implementing agency/
actor
HABG
Commitment description
What is the public interest
issue to be addressed by this
commitment?
- Corruption illicit Enrichment;
- Citizens'mistrust towards executives and high officials ;
What is the commitment ?
The High Authority for Good Governance commits itself to
increase the rate of registrants from 76.6% in 2018 to 90% in
June 2020.
How will the commitment
contribute to solve the
government problem?
The High Authority will ensure the registrants' awareness
raising as far as asset declaration is concerned.
It will ensure that the repressive measures under the law are
implemented.
Why is this commitment
relevant to OGP values?
Assets declaration is a powerful deterrent against any form of
corruption and establishes a very high professional integrity
standard among public servants which are subject to this civic
act.
Additional information
Assets declaration is prescribed by Article 41 of the
Constitution of Côte d’Ivoire
Important activity having
a verifiable deliverable
Start date End date
The High Authority will
ensure the registrants'
awareness raising as far as
asset declaration is
concerned.
June 2018 June 2019
Enforce repressive measures
pursuant to law
July 2019 June 2020
Contact information
Name of responsible person Koffi Kablan Marc Antoine

5. Make effective assets declaration for public officials and civil servant in compliance with law

Commitment description as provided in the action plan:

"The High Authority for Good Governance commits itself to increase the rate of registrants from 76.6% in 2018 to 90% in June 2020."

Milestones:

1. The High Authority will ensure the registrants' awareness- raising as far as asset declaration is concerned.
2. Enforce repressive measures pursuant to law"

Editorial note: For the full text of this commitment, see Côte d'Ivoire’s action plan 2018-2020: https://www.opengovpartnership.org/wp-content/uploads/2018/12/Cote-Divoire_Action-Plan_2018-2020_EN.pdf.

Lead implementing agency/actor: High Authority for Good Governance (HABG) / Civil society organizations

Start Date: June 2018

End Date: June 2020

Context and design

Since 2013, Côte d’Ivoire has expanded its asset declaration policy, as part of prominent anti-corruption reforms. The Ordinance 2013-660 of September 20, 2013 extended declaration of assets, which had affected only the President, to high-level public officials and political representatives, including members of government and parliament, district governors and mayors, senior managers of public companies and institutions, and senior officials from defense and security forces. [66] The Constitution of 2016 sealed the responsibility of asset declaration for public authorities and an ordinance passed in 2018 determined which court would process infractions. [67] However, the absence of control and enforcement mechanisms make it possible for many taxable subjects to avoid their obligations. In 2018, nearly 78% of the 6.882 taxable subjects had submitted asset declarations. [68] A lack transparency about the assets of public servants is an impediment to corruption advocates and media in Côte d’Ivoire, as declarations are confidential by law. [69]

The High Authority for Good Governance (HABG) expects this commitment to improve the rate of registrants to 90% by June 2020, through awareness-raising activities and enforcement of sanctions. The commitment is sufficiently detailed, as its main objective sets a clear indicator: the percentage of taxable subjects who submit asset declarations. Two HABG departments are responsible for awareness-raising activities: the Department of Awareness and Education is accountable at the national level and the Department for Management of Assets Declarations targets institutions and ministries. Sanctions are provided for by Ordinance No. 2013-660 and Decree No. 2014-219. [70]

Regarding open government values, the commitment does not explicitly improve access to information, since declarations are not made public. The commitment could enhance the accountability of public officials if there are consequences for non-compliance with the law, but citizens should be aware the sanctions to be relevant to the OGP value of public accountability. Moreover, the HABG has no legal power of sanction and can only issue fines, according to civil society representatives, ^[71] and the repressive measures are lacking specificity. Because most of the activities are non- specific and do not involve the public, this commitment is judged to have a minor potential impact on open government practices.

Completion

Despite delays, completion of the commitment can be considered substantial. The awareness-raising campaign for high-level officials, due by June 2019, began August 24, 2020, with a meeting between the Presidents of Institutions and the appropriate government ministers. The HABG also submitted informative letters to senior government officials concerning asset disclosure obligations. [72]

The sanctions in the law were not yet in force when this report was drafted. However, an important step was taken in January 2019 with an agreement between the HABG and the National Chamber of Judicial Officers of Côte d'Ivoire [73], in view of sanctions for non-compliance with asset declaration regulations. [74] According to the government self-assessment, sanctions will be enforced when the HABG’s on-going awareness-raising campaign is completed.

So far, the commitment has potentially contributed to a slight increase in the number of asset declarations. According to the HABG, asset declaration rates reached 79.15% by June 2020 and 79.37% by February 2021. [75] The objective of 90% has not been reached, except for members of the Constitutional Council and magistrates, and almost (over 86%) by members of government and senior officials from Public Administration. ^[76] Statistical data and recommended lists of persons who declared their assets annually since 2015 were uploaded to the HABG website, ^[77] which implies some improvement in access to information about asset declarations, compared to the previous situation.

Decrees 2018-99 and 2018-100 of January 24, 2018 would oblige more public officials in high office and those responsible for managing public funds to submit asset declarations when entering office, and to submit another asset declaration when leaving public office. [78] The National Bureau of Technical Studies and Development (BNETD) found that the number of persons in public office who were subject to asset declaration in Côte d’Ivoire could be higher. [79] The purpose of this study, commissioned by the HABG, was to use an automated system to update the lists of appropriate officials through a computerized mechanism. Supervisors and focal points of institutions and ministries were trained on this new system in August 2020. [80]

Given the importance of public officials’ assets as an anti-corruption tool, the IRM welcomes that the commitment is followed up in the 2020-2022 action plan through two new commitments, albeit with a different focus. Commitments 4 and 5 of the third action plan seek to enhance asset declarations’ transparency and strengthen the legal and technical framework. [81] For more information on the design of the commitments, see the IRM Action Plan Review on the 2020-2022 action plan. [82]

Following international best practices, the IRM researcher recommends that the government consider the following while continuing asset transparency reforms:

• Declaration transparency: According to civil society organizations legislation should make some of the information contained in asset declarations available to the public, allowing citizens, journalists, and civil society to hold public officials accountable for illicitly gained wealth. [83]
• Comprehensive disclosure: Expand the scope of assets to be disclosed, from directly owned property and wealth to include assets of which the individual and family are ultimate beneficiaries, as well as other interests that might conflict with public office such as professional roles and memberships.