- ANTI-CORRUPTION TREATIES SIGNATURE AND RATIFICATION TRACKER
To get a better appreciation of this Tracker, it is important to understand certain terms that shall be referred to in this Tracker.
Accede/Accession: ‘Accession’ is a demonstration shown by a State agreeing to be legally bound by the terms and conditions of a particular treaty.
It binds the same way, ratification binds a State. The major difference with ratification is that it is not preceded by an act of signature. The formal procedure for accession differs according to the national legal and policy requirements of the State.
To accede to a treaty, a State Party follows its domestic approval procedures and makes a formal decision to be a party to the treaty. Then, the instrument of accession is prepared and deposited with the relevant authority such as the AU, SADC, and United Nations Secretary-General | Adoption: ‘Adoption’ is the formal acceptance of the form and content of a proposed treaty text. It is important to note that treaties are first negotiated and the processes is loaded with arguments. However, at the end, acceptance of the form and content thereof is made by a resolution | Article: Articles in a treaty lay out obligations of State Parties choosing to be bound. However, these international legal instruments start with a Preamble which states the justification for the instrument.. |
Deposit: After a treaty has been concluded, State Parties put their commitments in writing providing formal evidence of their consent to be bound. These formal written commitments are placed in the custody of a depository such as the Secretary-General of the United Nations as their depository with reference to Article 71 of the UNCAC. | Domesticate: To domesticate an international treaty, means to give it the force of law in a country which amends the domestic laws of that country, or incorporates the treaty into the domestic laws of the country | Entry into Force: It is important to note from the outset that a treaty does not enter into force when it is first adopted. Typically, the treaty itself determines or shows the date on which the treaty enters into force, often at a specified time following its ratification or accession by a fixed number of states. For instance Article 68 of the UNCAC states that the Convention shall enter into force on the ninetieth day after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession. |
Treaty: A ‘treaty’ is a formally concluded and ratified agreement between States. Generally it refers to instruments binding at international law, concluded between international entities (States or organizations). However, a treaty must meet the following ingredients (1) a binding instrument, which creates legal rights and duties; (2) concluded by states or international organizations that have treaty-making powers; (3) governed by international law and (4) put in writing |
.ACT-SA tracks progress by SADC Member States in terms of signing and ratifying three main anti-corruption treaties: AU Convention on Preventing and Combating Corruption (AUCPCC), SADC Protocol against Corruption (SPAC) and the UN Convention against Corruption (UNCAC)
The tracking was launched in 2007 wherein ACT-SA monitored progress by 16 SADC Member States towards the signing and ratification of the (UNCAC, AUCPCC) and the SPAC.
Instrument/Treaty | Description |
AU Convention on Preventing and Combating Corruption (AUCPCC) | The AUCPCC was adopted by the 2nd Ordinary Session of the Assembly of the Union Maputo on the 11th of July 2003 and entered into force on the 5th of August 2006. |
The SADC Protocol Against Corruption aims to promote and strengthen the development, within each Member State, of mechanisms needed to prevent, detect, punish and eradicate corruption in the public and private sector. It also facilitates and regulates cooperation in matters of corruption amongst Member States and fosters development and harmonization of policies and domestic legislation related to corruption. On the 31st of August 2016, the SPAC was amended to make a provision for the establishment of a Committee (including its name) to oversee the implementation of the protocol as well as to put in place the reporting structure of the committee. | |
The UNCAC is a landmark, international anti-corruption treaty adopted by the UN General Assembly in October 2003. It represents a remarkable achievement and commitment to fight corruption. The Convention covers five main areas: preventive measures, criminalization and law enforcement, international cooperation, asset recovery, and technical assistance and information exchange. The Convention covers many different forms of corruption, such as bribery, trading in influence, abuse of functions, and various acts of corruption in the private sector. |
Progress Towards the Signature and Ratification of the SADC Protocol against Corruption
The Table below shows that Comoros, Seychelles and Madagascar are still lagging behind in terms of signing and ratifying the Protocol. Comoros recently joined the SADC block and has neither signed nor ratified the same, whilst Seychelles and Madagascar are still lagging behind despite being among the oldest members of the SADC.
Country | Date of signing | Date of Ratification, Acceptance (A), Approval (AA), Accession (a), Succession (d) | |
Angola | 14 August 2001 | 17 July 2005 | |
Botswana | 14 August 2001 | 14 August 2001 | |
Comoros | Not signed | Not ratified | |
Democratic Republic of Congo | 14 August 2001 | 19 May 2008 | |
Lesotho | 14 August 2001 | 29 July 2003 | |
Madagascar | Not signed | Not ratified | |
Malawi | 14 August 2001 | 2 September 2002 | |
Mauritius | 14 August 2001 | 4 January 2002 | |
Mozambique | 14 August 2001 | 28 December 2007 | |
Namibia | 14 August 2001 | 23 June 2005 | |
Seychelles | 14 August 2001 | Not ratified | |
South Africa | 14 August 2001 | 15 May 2003 | |
Eswatini | 14 August 2001 | 1 August 2006 | |
Tanzania | 14 August 2001 | 20 August 2003 | |
Zambia | 14 August 2001 | 8 July 2003 | |
Zimbabwe | 14 August 2001 | 8 October 2004 |
The Table below shows that Comoros, Madagascar and Seychelles are still lagging behind in terms of the ratification of the SPAC.
Country | Date of Signature | Date of Ratification, Acceptance (A), Approval (AA), Accession (a), Succession (d) | |
Comoros | Not signed | Not ratified | |
Madagascar | Not signed | Not ratified | |
Seychelles | 14 August 2001 | Not ratified |
Progress Towards the Signature and Ratification of the AU Convention on Preventing and Combating Corruption
As at the 14th of February 2023 the Convention had been signed and ratified by 49 and 48 AU Member States respectively with the still lagging behind:
Country | Date of Signature | Date of Ratification / Accession | Date deposited |
Central African Rep | not signed | not ratified | no deposits |
Botswana | not signed | 14/05/2014 | 19/08/2014 |
Cape Verde | not signed | not ratified | no deposits |
Djibouti | 15/11/2005 | not ratified | no deposits |
Eritrea | 25/04/2012 | not ratified | no deposits |
Malawi | not signed | 26/11/2007 | 27/12/2007 |
Morocco | not signed | 24/02/2022 | 18/04/2022 |
Seychelles | not signed | 01/06/2008 | 17/06/2008 |
Somalia | 23/02/2006 | not ratified | no deposits |
South Sudan | 24/01/201 | not ratified | no deposits |
Eswatini | 07/12/2004 | not ratified | no deposits |
The Table below gives detailed information on progress made by SADC Member States vis-a-vis the signing and ratification of the Convention.
Country | Date of Signature | Date of Ratification / Accession | Date deposited | |
Angola | 22/01/2007 | 20/12/2017 | 25/01/2018 | |
Botswana | Not signed since the launch of the tracker in 2007 | 14/05/2014 | 19/08/2014 | |
Comoros | 26/02/2004 | 02/04/2004 | 16/04/2004 | |
Democratic Republic of Congo | 05/12/2003 | Had not ratified in 2007
Finally ratified on 03/02/2022 | 23/02/2022 | |
Lesotho | 27/02/2004 | 26/10/2004 | 05/11/2004 | |
Madagascar | 28/02/2004 | 06/10/2004 | 09/02/2005 | |
Malawi | Not signed since 2007 when ACT-SA launched the Tracker | 26/11/2007 | 27/12/2007 | |
Mozambique | 15/12/2003 | 02/08/2006 | 24/10/2006 | |
Mauritius | 06/07/2004 | 04/05/2018 | 26/08/2019 | |
Namibia | 09/12/2003 | 05/08/2004 | 26/08/2004 | |
South Africa | 16/03/2004 | 11/11/2005 | 07/12/2005 | |
Seychelles | Not signed since 2007 when ACT-SA launched the Tracker | 01/06/2008 | 17/06/2008 | |
Eswatini | 07/12/2004 | Not ratified since 2007 when ACT-SA launched the Tracker | -no deposits made | |
Tanzania | 05/11/2003 | 22/02/2005 | 12/04/2005 | |
Zambia | 03/08/2003 | 30/03/2007 | 26/04/2007 | |
Zimbabwe | 18/11/2003 | 17/12/2006 | 28/02/2007 |
Source: African Union Advisory Board on Corruption (2023) African Union Convention on Preventing and Combating Corruption. [online] Available at http://www.auanticorruption.org/uploads/36382-sl-AFRICAN_UNION_CONVENTION_ON_PREVENTING_AND_COMBATING_CORRUPTION.pdf.
Eswatini is the only SADC Member State yet to ratify the African AUCPCC.
Progress Towards the Signature and Ratification of the UN Convention against Corruption
According to information provided by the United Nations Office on Drug and Crime (2020), all the 16 SADC Member States ratified the UNCAC as shown in the Table below. However, Botswana and DRC chose to ratify before signing.
Country | Signature | Ratification, Acceptance (A), Approval (AA), Accession (a), Succession (d) | |
 | Angola | 10 Dec 2003 | 29 Aug 2006 |
| | Botswana | Not signed | 27 Jun 2011 a |
 | Comoros | 10 Dec 2003 | 11 Oct 2012 |
 | Democratic Republic of Congo | Not signed | 23 Sep 2010 a |
Eswatini | 15 Sep 2005 | 24 Sep 2012 | |
 | Lesotho | 16 Sep 2005 | 16 Sep 2005 |
 | Madagascar | 10 Dec 2003 | 22 Sep 2004 |
 | Malawi | 21 Sep 2004 | 4 Dec 2007 |
Mauritius | 9 Dec 2003 | 15 Dec 2004 | |
Mozambique | 25 May 2004 | 9 Apr 2008 | |
Namibia | 9 Dec 2003 | 3 Aug 2004 | |
Seychelles | 27 Feb 2004 | 16 Mar 2006 | |
South Africa | 9 Dec 2003 | 22 Nov 2004 | |
United Republic of Tanzania | 9 Dec 2003 | 25 May 2005 | |
Zambia | 11 Dec 2003 | 7 Dec 2007 | |
Zimbabwe | 20 Feb 2004 | 8 Mar 2007 |
Source: UNODC (2023) Signature and Ratification Status. [online] Available at Ratification status (unodc.org). [Accessed on 8 March 2024]
ACT-SA Recommendations
ACT-SA makes the following recommendations to some SADC Member States:
Recommendations to the Government of Comoros
The Government of Comoros as a new member of the SADC should consider both signing and ratifying the SADC Protocol against Corruption
Recommendations to the Government of Madagascar
The Government of Madagascar should consider both signing and ratifying the SADC Protocol against Corruption
Recommendations to the Government of Seychelles
The Government of Seychelles should ratify the SADC Protocol against Corruption.
Recommendations to the Government of Eswatini
The Government of the Eswatini should ratify the AU Convention on Preventing and Combating Corruption
Recommendations to all SADC Member States
- All SADC Member States are urged to domesticate and implement through policy and institutional reform the anti-corruption treaties that they have signed and ratified.
- All SADC Member States should sign the UNCAC Transparency Pledge.
Recommendations to Civil Society Organisations
- Monitoring state implementation of the treaties
- Giving technical support to SADC Member States