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Côte d'Ivoire

Revise laws to mandate asset declaration of public officials (CI0030)

Overview

At-a-Glance

Action Plan: Côte d’Ivoire Action Plan 2020-2022

Action Plan Cycle: 2020

Status: Active

Institutions

Lead Institution: HIGH AUTHORITY FOR GOOD GOVERNANCE (HABG)

Support Institution(s): State actors involved - Prime Minister Office; - Ministry of Justice and Human Rights. CSOs, private sector, multilaterals, working groups ND

Policy Areas

Anti-Corruption, Anti-Corruption Institutions, Asset Disclosure, Legislation & Regulation

IRM Review

IRM Report: Pending IRM Review

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Pending IRM Review

Relevant to OGP Values: Pending IRM Review

Potential Impact: Pending IRM Review

Implementation i

Completion: Pending IRM Review

Description

What is the public interest issue to be addressed by this commitment? Persistence of corruption and related offenses in public management. In order to effectively fight corruption, Côte d'Ivoire has ratified and transposed the African Union Convention on the prevention and fight against corruption. This Convention requires States to create the conditions in order to proceed with the declaration of the assets of their senior officials. Despite the efforts made by the Ivorian State to apply this measure of the said Convention, we note the non-existence of declaration of assets during the exercise of the functions of the subject as provided for in the African Union Convention in its article 7.1. This commitment therefore aims to put an end to this state of affairs and thus improve the practice of declaring assets in the country.

What is the commitment? The commitment consists in the revision of the law N° 2019-986 of November 27, 2019 ratifying the ordinance N° 2018-477 of May 16, 2018 amending article 94 of the ordinance N° 2013-660 of the 20 September 2013 relating to the prevention and the fight against corruption and similar offenses as amended by ordinances N° 2015-176 of March 24, 2015 and N° 2018-25 of January 17, 2018 in order to make mandatory the declaration of asset update during the term of office or function of persons subject to the declaration of assets. The main steps in the review process are: - Review of the texts on the declaration of assets of the comparator countries; - Preparation of draft ordinances and corrective decrees; - Validation of draft texts by the HABG; - Transmission of draft texts to the General Secretariat of the Government for adoption and follow-up. 22

How will commitment contribute to solve the public problem? The declaration of assets while in office or function aims to improve transparency in the development of the assets of senior officials during their periods of activity. It can help fight corruption in two ways: - It has a preventive function because it establishes a permanent control of the patrimonial situation of the subjected persons; - It acts upstream of the repression because the analysis of the declarations of updating of assets can reveal in time relevant elements which could give rise to legal proceedings before the statute of limitations of the incriminated facts.

Why is this commitment relevant to OGP values? - This commitment is relevant for transparency insofar as it will allow the HABG to have up-to-date information on asset declarations instead of waiting for the end of mandates or functions before disposing of them. - The commitment is relevant for citizen participation because civil society can rely on regular data to guide its interventions in the fight against corruption in which it is a stakeholder; - Finally, this commitment is relevant with regard to public responsibility because the declaration of assets is above all a means of ensuring that senior figures with decision-making power or influence over the management of public resources do not benefit from it. to illegally increase their wealth.

Additional information Through this commitment, the High Authority for Good Governance intends to produce a draft amending ordinance and the subsequent draft decree to be transmitted to the General Secretariat of the Government, which is responsible for its adoption. However, monitoring of the adoption process by the Government will be done in conjunction with the Ministry of Justice. The estimated budget for this commitment is 60 million CFA.

Important activity having a verifiable deliverable Start date End date Benchmarking of texts on the declaration of assets from countries already practicing declaration during mandate or office. March 2021 June 2021 23 Writing draft texts July 2021 August 2021 Validation of draft texts by the HABG September 2021 October 2021 Transmission of draft texts to the General Secretariat of the Government and monitoring of their adoption November 2021 December 2021


Commitments

  1. Revise laws to mandate asset declaration of public officials

    CI0030, 2020, Anti-Corruption

  2. Draft and adopt legislation regulating teleworking

    CI0031, 2020, Labor

  3. Identify and acquire necessary tools for teleworking

    CI0032, 2020, Capacity Building

  4. Create specific budget line for purchase of contraceptive products

    CI0033, 2020, Gender

  5. Publish budget information online regarding purchase of contraceptive products

    CI0034, 2020, E-Government

  6. Increase number of days operating school canteens

    CI0035, 2020, Education

  7. Issue decrees to establish Participatory Budget

    CI0026, 2020, Fiscal Openness

  8. Invite civil society to participate in budget planning at DPBEP seminar

    CI0027, 2020, Fiscal Openness

  9. Analyze and develop strategy to improve anti-corruption institutions

    CI0028, 2020, Anti-Corruption

  10. Develop and publish application for asset declaration data

    CI0029, 2020, Anti-Corruption

  11. Citizen Budget

    CI0016, 2018, Capacity Building

  12. Participative Decentralized Development for Preschools

    CI0017, 2018, Capacity Building

  13. Whistleblower Protection

    CI0018, 2018, Anti-Corruption

  14. National Integrity Strategy

    CI0019, 2018, Anti-Corruption

  15. Asset Declaration

    CI0020, 2018, Anti-Corruption

  16. Local Participation

    CI0021, 2018, Capacity Building

  17. Local Anti-Corruption Measures

    CI0022, 2018, Anti-Corruption

  18. Contraception Distribution

    CI0023, 2018, Capacity Building

  19. Open Data

    CI0024, 2018, Access to Information

  20. Liberalize Television Space

    CI0025, 2018, Civic Space

  21. Publish the Number of Carats of Diamond Exported and Accompanying Kimberly Process Certificates

    CI0001, 2016, Anti-Corruption

  22. Create and Operationalize 5 Local Mining Development Committees (CDLM)

    CI0002, 2016, Anti-Corruption

  23. Release All Tax and Customs Regulations

    CI0003, 2016, E-Government

  24. Release the Communications to the Councils of Ministers on the Quarterly Implementation of the Budget

    CI0004, 2016, E-Government

  25. Publish Communications to the Council of Ministers on Contracting Process on a Quarterly Basis

    CI0005, 2016, Anti-Corruption

  26. Interconnect Public Five (05) Universities and Two (02) Business Schools.

    CI0006, 2016, Capacity Building

  27. Set up Virtual University of Côte D'Ivoire

    CI0007, 2016, Education

  28. Install a Virtual Single Window for Public Service Request and Receipt in Order to Facilitate Access to Public Information

    CI0008, 2016, Access to Information

  29. Create and Operationalize an Open Data Portal for Côte D'Ivoire

    CI0009, 2016, Access to Information

  30. Set up and Operationalize a National Competitiveness Monitoring Body

    CI0010, 2016, Legislation & Regulation

  31. Promote Access to Public Information Act

    CI0011, 2016, Access to Information

  32. Ensure the Freedom the Press and Plurality of Expression

    CI0012, 2016, Civic Space

  33. Set up Five (05) Municipal Committees to Fight Against Racketeering

    CI0013, 2016, Anti-Corruption

  34. Promote Participatory Budget in 05 Communes

    CI0014, 2016, Capacity Building

  35. Establish and Operationalize a National Monitoring Body for the Quality of Financial Services

    CI0015, 2016, Legislation & Regulation

Open Government Partnership