By Bob MajiriOghene Etemiku
Gombe, Nigeria – A broad coalition of Nigerian, UK and international Civil Society Organizations (CSOs) have written a letter to the Rt Hon Dominic Raab, British MP Lord Chancellor and Secretary of State for Justice, seeking legal reforms on shortcomings in the UK’s regime for compensating victims of foreign bribery.
The letter dated 7th December was signed by representatives of leading Nigerian, UK and international CSOs.
In the letter, they referenced a London court imposition of a 280 million euros fine on Glencore Energy UK Ltd as financial penalty for bribing officials in five African countries in return for preferential access to oil.
Consequently, the CSOs said there is “urgent need for legal reforms to address the serious shortcomings in the UK’s regime for compensating the victims of foreign bribery.”
“The impact of Glencore’s offending extends beyond its economic detriment to domestic oil markets, the long-term reduction of state revenues, and the loss of legitimate business opportunities for local traders.
“More devastating is the social damage caused by its corruption of public officials at state-owned oil companies, its erosion of governance structures and public trust, and the diversion of state funds from the provision of basic goods and services to communities,” the Coalition letter read.
The Coalition noted in the letter that despite the ‘significant’ harms caused by Glencore’s bribery, no compensation was awarded to victims in Nigeria, Cameroon, Côte d’Ivoire, Equatorial Guinea and South Sudan.
According to the Coalition, the UK Court had rejected Nigeria’s application to intervene as a victim, and the Serious Fraud Office declined to seek a compensation order as this is only intended for “clear and simple” cases.
As a result, the Coalition urged the UK government to undertake a review of the current compensation regime.
“Compensation should be returned to those affected by corruption in line with the principles that the UK committed to at the Global Forum on Asset Recovery (GFAR). 2 These processes for return should be transparent, accountable and include consultation with non-governmental stakeholders to mitigate the risk of re-corruption.
“Independent monitoring and reporting processes should be implemented to ensure compensation is used to benefit the victims of corruption, including through the funding of anti-corruption efforts,” part of the letter read.
The Coalition said they wanted a draft victim’s bill as an opportunity to implement the urgent reforms that are needed to ensure the harms of foreign bribery are recognized and compensated in UK courts.
Leaders of the Coalition that signed the letter to Lord Chancellor and Secretary of State for Justice of the UK included:
The Rev David Ugolor Executive Director, Africa Network for Environment and Economic Justice (ANEEJ)
Dr Susan Hawley Executive Director, Spotlight on Corruption
Duncan Hames Director of Policy and Programmes, Transparency International UK
Matthieu Salomon Acting Governance Programs Director, Senior Governance Officer, Natural Resource Governance Institute (NRGI)
Anneke Van Woudenberg Executive Director, Rights and Accountability in Development (RAID)
Juanita Olaya Garcia Chair, Working Group on Victims of Corruption, UNCAC Coalition
Gillian Dell Head of Conventions Unit at Transparency International Secretariat, and Co-Chair of the UNCAC Coalition
Ahmed Malide Maison des Organisations de la Société Civile (MOSC Anjouan, Comores)
Michael Davies Executive Director, Public-Private Integrity (PPI)
Pablo A. Herrera Hernandez Advocate, Derechos Humanos y Litigio Estratégico Mexicano (DLM)
Olanrewaju Suraju Chair, HEDA Resource Centre
Dr Ibrahim M. Zikirullahi Executive Director, Resource Centre for human Rights & Civic Education (CHRICED)
Tijah Bolton Executive Director, Policy Alert
Lukman Adekunle Executive Director, 21st Century Community Empowerment for Youth and Women Initiative (CEYWI)
Onose Martha Executive Director, Community Empowerment and Development initiative
Ene Obi Country Director, Actionaid Nigeria
Monday Osasah Executive Director, Africa Centre for Leadership, Strategy and Development
Auwal Musa Rafsanjani Executive Director, Civil Society Legislative Advocacy Centre (CISLAC)
Njoh Manga Bell Henri est. Chairman, Transparency International Cameroon.
