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2007  /  2006  /  2005  /  2004  /  2003  /  before

29 February 2008 (Basel, Switzerland): OHADA - Lutte contre la corruption (in French)


Organised jointly by the Law Faculty of the University of Basel, SWISSCHAM-AFRICA and UNIDA. The conference was held in French. Thus the following summary and its supporting documentation is in French exclusively.

Resume

Investir en Afrique - beaucoup d'investisseurs en reculent. Ils craignent des risques à cause d'un environnement qui semble être hostile aux investitions. Cependant, la situation change. Beaucoup de pays africains engagent des reformes importantes qui créent un climat favorable pour des engagements économiques.

Un développement très important est la création de OHADA (Organisation pour l'harmonisation du Droit des Affaires en Afrique) qui compte aujourd'hui 17 Etats membres et qui crée des lois modernes qui favorisent des investissements. Les mesures législatrices sont flanquées par la création des institutions, comme par exemple une Cour commune ou une école pour la formation des magistrats. Ignorer ce développement veut dire rater des chances.

La manifestation à Bâle permettait de discuter le problème de la corruption qui est un grand obstacle pour tout investissement en Afrique. Savoir maîtriser ce problème peut contribuer considérablement au succès des investisseurs. La conférence s'est adressé surtout aux entreprises qui envisagent des relations commerciales avec l'Afrique, et notamment aux PMU qui jusqu'à présent n'ont pas pu profiter des chances que leurs offre le marché africain. Elle a servi à mieux connaître les dernières efforts de reforme anti-corruption sur le continent africain et a mieux comprendre les précautions et mesures que doivent prendre les entreprises pour pouvoir investir sur le continent africain sans risques juridiques.

Realisée avec le soutien financier des institutions suivantes

Background documentation

10-11 December 2007 (Basel, Switzerland): Protecting the Financial Interests of the EU and Switzerland


Organised jointly by the Basel Institute on Governance and the European Academy of Law, with the financial support of the European Anti-Fraud Office OLAF.

The protection of its financial interests is of central concern to the European Union, and important institutional and legal measures have been taken in this respect. The European Anti-Fraud Office OLAF, the European Parliament’s Committee on Budgetary Control or Europol are important institutions in this regard, to name but a few of the major players. The relationship between the European Union and Switzerland is a key issue in this context, as Switzerland is both a potential risk and a critical partner to the European Union’s efforts to protect its financial interests. On the one hand, problems may result from Switzerland’s role as one of the world’s major financial centres and a transit country for enormous amounts of money. On the other hand, the European Union and Switzerland are important trade partners and thus have an interest in cooperating closely in all matters relevant to their respective economies.

Consequently, the protection of the financial interests of both partners is at the heart of the bilateral agreements between the European Union and Switzerland. Notably, the bilateral agreement on combating fraud aims for more intensive cooperation, including the provision of administrative and legal mutual assistance, in the prosecution of offences in the areas of smuggling and indict taxes (customs duty, VAT, consumer tax), subsidies and procurement. In addition to the fraud agreement, the joint declaration on money laundering is of interest, as it clarifies that Art 2, section 3 of the agreement also encompasses tax fraud and professional smuggling according to Swiss law. Bilateral agreements on the participation of Switzerland in the Schengen and Dublin agreements are the latest accomplishments with regard to these cooperation treaties.

Background documentation:

Powerpoint presentations:

8 November 2007 (Zurich, Switzerland): Conference on Accounting, Auditing and Compliance in Corporate Groups

Organised by the Europa Institute of the Zurich University in cooperation with the Basel Institute on Governance. The conference, which was chaired by Prof Lukas Handschin of the Board of the Basel Institute on Governance addressed questions of accounting, auditing and compliance in relation to the binding rules of the Swiss corporate law. For further information, please consult the conference programme.

5-7 September 2007 (Bali, Indonesia): Making international anti-corruption standards operational - Asset recovery and MLA

Organised jointly with the Corruption Eradication Commission (KPK) of Indonesia, the ADB/OECD Anti-Corruption Initiative for Asia-Pacific, and the UN Office on Drugs and Crime, and with the support of the German Development Cooperation (GTZ) and the US Department of State.

The regional seminar brought together 180 policy makers and practitioners from over 35 countries from Asia-Pacific, Africa, Europe and the Americas. It was conceived as a forum for capacity building, awareness raising and policy dialogue on the implementation of new international standards for mutual legal assistance and the repatriation of assets stolen through bribery, embezzlement and other forms of corruption. To further this goal, the seminar featured a number of plenary sessions to discuss key challenges and the legal and institutional basis for successfully enforcing anti-corruption laws and succeeding in cooperation across borders in prosecuting international bribery cases and repatriating the stolen funds. These sessions addressed formal and informal procedures to obtain international legal assistance; presented techniques for tracing, freezing, confiscating and repatriating of stolen assets; and discussed practices and procedures for seizure, confiscation and repatriation in key financial centres of Asia and the OECD region.

To strengthen the practical understanding and technical capacities of participants, the seminar further proposed three working groups to discuss past cases of asset recovery to Nigeria (Abacha case), Peru (Montesinos case) and the Philippines (Marcos case). During these case studies, practitioners that were personally involved in bringing these cases to a successful closure discussed with the participants the applicability to these particular cases of the instruments presented during the plenary sessions. Finally, the closing morning allowed experts from the major concerned stakeholder groups to analyse the findings of the seminar and discuss conclusions that could be drawn with regard the needs and priorities for the Asia-Pacific region to implement the mutual legal assistance and asset recovery provisions of UNCAC.

Background papers:

1 and 2 February 2007 (Trier, Germany): Combating Fraud and Corruption in the European Union

Organised jointly with the Academy of European Law (ERA) and with the support of the European Anti-Fraud Office OLAF.

The tackling of corruption, especially in an international context, suffers from a lack of effective means of enforcement, resulting in inadequate compliance. International organisations such as the OECD and the Council of Europe have highlighted and detailed the enforcement problems. The negative effects of weak enforcement should be self-evident: active and passive corruption of public officials results in losses of national revenue and engenders bad governance. These problems will continue to bedevil public administrations across the globe if more effective means of detection, investigation and prosecution are not established. International regulation is slowly recognising these deficits and, in the shape of new initiatives, notably the United Nations Convention against Corruption, is attempting to address them. Efforts are also being taken on the European Union level to find solutions, for example the plan to establish a European Anti-Corruption Network aiming at facilitating cooperation, contacts and exchanges of information and experience between anti-corruption agencies.

This conference discussed how best to ensure effective detection, investigation and prosecution of corruption, with special regard to corruption affecting the EC’s financial interests. It sought to inform the work of national law enforcement organisations in the EU and assist them in cooperation with agencies operating in other EU states, candidate states and third countries.

> Conference program (English, French, Italian, German)
> Press releases (25 January 2007, 2 February 2007)

 

15 December 2006: Asian Minorities in Africa

With Prof. Nandini Patel, Malawi

Asian Minorities in Africa has been the focus of the fourth Afriqu'à midi in 2007, organised by the Afrika-Komitee, Basel, in cooperation with the Centre for Africa Studies Basel and the Basel Institute on Governance. To answer the question of "what constitutes a minority?", the case of Asians (Indians) in Africa was adressed as a particularly interesting case. They are numerically small, yet economically successful. However, they are not dominant in the sense of not wielding power and of feeling insecure and vulnerable.

Prof Nandini Patel's presentation explored Asian minorities in Africa through different periods, from their role during colonial rule, the phase of expulsions in the aftermath of African independence and its consequences on the community, and finally, with the emergence of democracy in the 1990s and the question whether we are witnessing a gradual process of social integration.

June 2004: Menschenhandel - Menschenschmuggel: Eine neue Form der Sklaverei?

(Trafficking in human beings: a new form of slavery?)
Public Roundtable Discussion with Dr. phil. Ruth-Gaby Vermot (MP, Switzerland), Dr. iur. Daniela V. Jabornigg (Deputy Head, Citizen Services, City of Basel, Switzerland), lic.iur. Susanne Bertschi (Attorney).

January 2004: Defending Human Rights: The Financial Angle

Public Roundtable Discussion with Luis Moreno Ocampo, Chief Prosecutor, International Criminal Court.

2003: The Financing of Terrorism

Public Roundtable Discussion with Ron Noble, Secretary General of Interpol.

May 2000: Herausforderungen für die Schweizer Exportwirtschaft: Die neuen Strafnormen gegen die internationale Bestechung

(Challenges for the Swiss exporting industry: the new legal norms on foreign bribery)
Organised in cooperation with the Swiss State Secretariat for Economic Affairs.

1996 and 1999: Corruption in the building industry

Closed (1996) and open (1999) seminar for representatives of the Swiss building industry and contractors, organised in cooperation with Transparency International Switzerland and the Swiss National Fund.

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