On December 9, 2020, International Anti-Corruption Day, organized for the first time in 2008 at the initiative of the United Nations (UN), will be observed around the world, particularly in Togo. It commemorates the launch by the United Nations of the Global Convention against Corruption, which entered into force in December 2005. For this edition, the theme chosen is "Restore with integrity ". This theme focuses on recovery from COVID-19 through the reduction of corruption and emphasizes that inclusive recovery from COVID-19 can only be achieved with integrity. He also refers to the UN Secretary-General's message on corruption in the context of COVID-19, which recognizes the need to continue to promote the full implementation of the United Nations Convention against Corruption (UNCAC).

Corruption is present in all countries of the world, but it is the developing countries including Togo that suffer the most and can lose up to 25% of their annual budgets. Its cost is estimated at at least $2.6 trillion, or 5% of the world's gross domestic product. Corruption is a complex social, political and economic phenomenon; that undermines democratic institutions, slows economic development and contributes to government instability. Recognized by the Togolese authorities as an obstacle to good governance and the harmonious development of the country and in order to prevent and fight against this scourge; Togo will negotiate and adopt within three (3) years (from 2001 to 2003) the ECOWAS Protocol, the African Union Convention and the United Nations Convention against Corruption.

Corruption thrives in times of crisis and the ongoing global pandemic has not been an exception, especially in Togo. During this period, public authorities have taken important measures to address the health emergency and avoid a national economic collapse. They have mobilized funds to buy medical equipment and provide an economic safety net for citizens and businesses in distress. But the urgent responses required during the pandemic have created significant opportunities for corruption. Therefore, this year's theme emphasizes that an inclusive recovery from COVID-19 can only be achieved with integrity and responsibility. A lack of oversight, transparency and stakeholder involvement due to the urgent responses required during the pandemic has highlighted vulnerabilities and weaknesses in governance systems and public service delivery. As the world recovers from this pandemic, countries need to address these weaknesses by aligning their national legal frameworks with the United Nations Convention against Corruption (UNCAC).

Fifteen (15) years after the entry into force of this Convention, which is one of the very first legally binding international instruments to fight corruption ; the celebration of this year's International Anti-Corruption Day gives us the opportunity to take stock of the fight against this scourge in Togo and to propose measures to reduce the risks of mismanagement and corruption in the various sectors of activity, particularly in public administration.

Corruption, a concept with multiple approaches in its definition and diversified in its classification
The various anti-corruption conventions have not been able to define the concept of corruption ; but in practice several approaches to definitions are accepted. For the lexicon of legal terms, corruption is a criminal offence by which offers, promises or gifts are solicited, approved or received for the purpose of performing or refraining from an act, obtaining special favours or advantages.   of 24 November 2015 (Articles 586 to 621) gives no definition of corruption but merely lists 11 offences considered as acts of corruption.
The World Bank in an economic approach believes that corruption is the fact of using one's position as a public service manager for one's personal benefit. In the same vein, Transparency International defines it as the abuse of a power delegated for private purposes. This last definition makes it possible to isolate 3 constituent elements of corruption which are: abuse of power; private purposes (not necessarily benefiting the person abusing the power, but including both family members and relatives; and a power that has been received in delegation (which can come from both the private and public sectors).

There are two broad classifications of corruption. This is classification because of magnitude and classification because of areas of activity. In the first case, small and large corruption is pitted against systemic and sporadic corruption. Thus small corruption is that produced on a small scale (survival corruption, low-level corruption, etc.).  ; and grand corruption, also known as high-level corruption, consists of the bribery of high-level public officials who make decisions on very important contracts (public procurement, mining contracts, etc.) or corruption related to the formulation of policies or laws and regulations. With regard to systemic and sporadic corruption; it is believed that when corruption is an integrated and essential aspect of the economic, social and political system; and that the main institutions and processes of the state are systematically dominated and used by corrupt individuals and groups; we talk about systemic and when corruption is irregular, non-permanent, we talk about sporadic. Speaking of classification because of the fields of activity ; a distinction is made between political corruption; administrative corruption (police, customs, taxes, health, education, etc.); corruption in the judicial system; corruption in business or professional corruption.

A legal and institutional framework to fight corruption, strengthened in several sectors of activity in recent years

The concept of good governance emphasizes transparency, accountability, and accountability. Over the past ten (10) years, Togo has made efforts to effectively combat corruption, even though it still plagues almost all sectors of the national economy.

The most important reform in favor of transparency in public finances is the creation of the Togolese Revenue Office (OTR) by Law No. 2012-016 of 14 December 2012, which includes customs and taxes. From now on, customs and tax officials are subject to the obligation to declare assets, an essential measure in the prevention of illicit enrichment. The strengthening of customs procedures and taxes, the online launch of services, the automation of means of payment, the creation of an anti-corruption directorate and a section in charge of fraud and tax evasion, have significantly reduced the rate of corruption in the customs and tax sector. Law No. 2014 – 009 of 1 June 2014 on the Code of Transparency in the Management of Public Finances establishes the obligation to declare assets for the holders of any public authority, elected officials or senior officials. Organic Law No. 2014-013 of 10 June 2014 on Finance Laws requires the State to inform citizens about everything related to the governance and management of public funds. This obligation to inform citizens is translated into practice by Law No. 2016-006 of 30 March 2016 on freedom of access to information and public documentation and its implementing texts. With regard to the control of the collection and management of public funds, the General Inspectorate of the State (IGE) created by Decree No. 72-192 of 15 September 1972 was entrusted with a general and permanent mission of control, audit, investigation, evaluation and promotion of good governance. This decree has been replaced by Decree No. 2019-125/PR of 18 September 2019 which takes into account the new Community and international standards, while specifying the area of competence of the IGE in relation to the other control bodies. Provided for by the Constitution of 14 October 1992, the Court of Auditors was created by Organic Law No. 98-014 of 10 July 1998 on its organization and functioning; but it became operational only with Organic Law No. 2009-003 of 15 April 2009 establishing the status of the magistrates of this court, followed by the appointment of the first magistrates. The Court of Auditors and the General State Inspectorate have been strengthened by the General Inspectorate of Finance (IGF) created by Decree No. 2008-037/PR of 29 July 2008.

Like the public finance sector, public procurement has improved legislatively and regulatoryly. Togo's implementation of the WAEMU directives led to the adoption of Law No. 2009-013 on public procurement and delegation of public procurement and its Decree No. 2009-277/PR on the Public Procurement Code and Public Procurement Delegation. Several other decrees have created bodies relating to public procurement such as Decree No. 2009-296 /PR on the missions, attributions, organization and functioning of the Public Procurement Regulatory Authority; Decree No. 2011-055 /PR on the creation, attributions, organization and functioning of the special commission in charge of national defence and security contracts ; Decree No. 2009-295 /PR on the missions, attributions, organization and functioning of the National Directorate for the Control of Public Procurement. In addition, steps have been taken to define the thresholds for the award, publication, control and approval of public procurement and the modalities for the operation of the special purpose account for the regulation of public procurement and public service delegations. Since 2009, the Autorité de Régulation des Marchés Publics (ARMP) has been operational and carries out its mission of regulating the public procurement sector.

The fight against money laundering has led to the adoption of the Uniform AML/CFT Act. Regulatory measures have been taken in Togo to set up and operationalize financial intelligence services. Thus, the National Unit for the Processing of Financial Information (CENTIF) was created by Decree No. 2008-37/PR of 28 March 2008 and its members were also appointed by Decree No. 2009-008/PR of 14 January 2009. Similarly, the institutional correspondents of CENTIF at the level of the Administration were appointed by decree.

In order to promote transparency in the financing of parties and electoral campaigns, Togo has adopted a series of legal texts, including Law No. 91–04 of 12 April 1991 on the Charter of Political Parties. This law requires political parties to keep regular financial management accounts and accounts of their property within the framework of the means allocated by the State for the financing of political parties and electoral campaigns. The control of the resources of political parties is ensured by the National Assembly and the Court of Auditors.

To provide quality services, you need a quality public administration. In terms of merit and ethics, to be a state civil servant, you must pass a competitive examination for entry into the civil service (Law No. 2013-002 of 21 January 2013 on the general status of the civil service). It is a starting point for almost all state agents. In 2016, work was carried out to set up a unit for the authentication of the diplomas of candidates admitted to the recruitment competition before they enter the civil service and the establishment of a staff and payroll control unit (CCEMS). Also, it is worth mentioning the development and adoption of an appropriate legal framework for the civil service, the revaluation of the salary of public officials and the implementation of the professional card since 2016 to identify each civil servant. In Togo, there is a law, regulation or code of conduct in place that governs the functioning of the public sector. These include Law No. 2013-002 of 21 January 2013 on the general status of the civil service.

With regard to the prevention and fight against corruption, the first institution was the National Commission for the Fight against Corruption and Economic Sabotage created by a decree of 9 March 2001. This commission has only been active for three years. Togo therefore experienced a decade of lethargy until the creation of the High Authority for the Prevention and Fight against Corruption and Similar Offences (HAPLUCIA) by Law No. 2015-006 of 28 July 2015. It is therefore responsible for "promoting and strengthening the prevention and fight against corruption and similar offences in administrations, public institutions, private companies and non-State bodies". Its mission is divided into four (4) main axes, in particular the prevention of acts of corruption through awareness-raising, information, education and popularization of texts as well as the promotion of a governance system that prevents conflicts of interest and illicit enrichment; repression through the collection and processing of complaints and denunciations of acts of corruption ; the protection of whistleblowers and respect for the principle of the presumption of innocence ; and cooperation with international institutions and counterpart authorities, facilitation of mutual legal assistance in relation to acts of corruption or similar offences and concerted action with State agencies, the private sector and civil society organizations fighting corruption.

The old Criminal Code of 13 August 1982 already contained the offences of embezzlement and misappropriation of public property and money, active and passive bribery of national public officials, concussion, illegal taking of interest and obstruction of justice. In Chapter V of Title IV, entitled "Breaches of the duty of probity", the new Penal Code promulgated on 24 November 2015 took over the offences of the old Code while changing their nature and increasing the applicable penalties. In addition, the relevant penal provisions of the three international legal instruments against corruption, ratified by Togo, have been introduced into the new Penal Code. These include bribery of foreign public officials and international civil servants, corruption in the private sector, influence peddling, abuse of office, illicit enrichment and money laundering. Finally, the 2015 legislator renewed the additional penalties contained in the former Penal Code, namely civil forfeiture, confiscation of proceeds of crime, prohibition of residence for foreign convicts and posting or dissemination of sentencing decisions.

Ratings from international institutions and organizations that highlight the shortcomings of the measures taken by Togo
Since 1995, Transparency International has published the Corruption Perception Index (CPI) annually, ranking countries according to their perceived levels of corruption in the public sector. The NGO establishes its list by assigning a score ranging from zero (0) "highly corrupt" to one hundred (100) points "very little corrupt". Over the past eleven (11) years (2007 to 2019), the multiple reforms carried out by Togo have not allowed it to get its head out of the water, confirming that corruption remains a handicap for the establishment of good governance. Togo's CPI score during this period ranged from 23 to 32 on a scale of 100. Thus, the legal and institutional environment is far from fully meeting the requirements of the United Nations Convention against Corruption and other relevant legislation. The Global Corruption Barometer is the other tool developed by Transparency International to assess citizens' perception and experience of corruption. Thus, citizens give their opinion on the public sectors that they believe are the most corrupt, on the evolution of corruption in their countries, as well as on the efforts of their governments to fight this scourge. In the 2019 Afro barometer report, 57% of Togolese believe that corruption has increased in the last 12 months compared to 39% of Togolese citizens in 2015.
The Ibrahim Index of Governance in Africa (IIAG) provides data on the annual measure of the quality of governance in African countries covering four components including security and the rule of law, participation and human rights, sustainable economic development and human development. According to Mo IBRAHIM's 2016 report on the evolution of governance in the 54 African countries, since 2006, Togo is one of the nine countries that have recorded an increase of more than 5 points over the last decade. Togo (+9.7) is 2nd after Côte d'Ivoire which is 1st with (+13.1) among the nine countries that have progressed.

The World Bank's Report on the Evaluation of National Policies and Institutions (CPIA) is an indicator developed by the World Bank to assess countries' political and institutional performance. On a scale of 0 to 6, Togo went successively from 3/6 in 2017 to 3.1/6 in 2018 and 3.2/6 in 2019.
The Millennium Challenge Corporation (MCC) is an initiative of the U.S. administration that consists of a partnership with countries that have achieved some performance in three priority areas including good governance in governance; the creation of an environment favourable to private initiative and the State's commitment to make significant investments in the social sector. On the MCC 2020 scorecard, Togo validates for two consecutive years 14 indicators out of 20, including corruption control with a score of 67/100. This allows the country to now be eligible for the Compact Program, a more substantial funding opportunity than the Treshold.

Since 2002, the World Bank, through its Doing Business Report, has been ranking countries according to their business environment. In the 2017 report, Togo was ranked 154th out of 190 countries studied. In 2018, it dropped two places to 156th. In 2019, Togo jumped 19 places, from 15th to 137th in the world. In the 2020 report, Togo jumps another 40 places, or 59 places in two years, from 137th to 97th in the world.
The various rankings of Togo by these institutions and international organizations in their various reports clearly demonstrate that the cost of corruption has a considerable impact on the country's economy. It is therefore important to strengthen the enforcement of sanctions against perpetrators and accomplices of acts of corruption.

A High Authority, devoid of binding means and unable to stop the haemorrhage of corruption
The Law of 28 July 2015 establishing the High Authority provided for three bodies to animate the life of the institution. This is the plenary made up of all the members and responsible for determining the general policy and orientations of the actions; the Bureau composed of a President, a Vice-President, a Rapporteur and a Vice-Rapporteur, responsible for promoting the implementation of the institution's activities; and the Permanent Secretariat headed by a Permanent Secretary, responsible for the supervision, monitoring and evaluation, at the technical level, of the implementation of the institution's action plan. HAPLUCIA has also set up two (2) commissions, including the prevention commission responsible for awareness-raising, education, training and popularization activities ; and the Law Enforcement Commission for Dealing with Complaints and Denunciations of Corruption and Related Offences. If the populations were waiting for this institution on the issue of repression of acts of corruption, it is rather in terms of prevention that it has largely distinguished itself. Awareness campaigns on corruption here ; training workshops, radio broadcasts and press conferences there. The High Authority went to great lengths to explain to the population what it already knew about the phenomenon of corruption in Togo.

Corruption seems to be set up as a system and plagues all sectors of the country's socio-economic life. The various cases of corruption denounced by the media for years have so far had no resonance with the actors involved in the fight against this scourge, in particular the High Authority. The latest survey published on the perception and cost of corruption in Togo, by the National Institute of Statistics and Economic and Demographic Studies (INSEED), has only lifted the veil on a small aspect of the reality of the phenomenon of corruption in Togo. There is no shortage of examples. On June 9, 2020, the Journal " l'Alternative " made revelations about alleged massive embezzlement of money in the oil sector involving leading public officials including several ministers and the coordinator of the Committee for Monitoring Fluctuations in the Prices of Petroleum Products (CSFPPP). In this investigation, the newspaper demonstrates with supporting evidence how officials of this structure responsible for negotiating the import of oil into Togo would have managed to divert several billion CFA francs through an opaque tendering system for several years. Among other cases of corruption still revealed by the press, we have the case of presumption of misappropriation of 462 million CFA Francs involving the former Director General of Transport and Railway Networks, late Delato AGBOKPE, who would also be cited in several other financial scandals since his appointment as head of this directorate ; the case of the Lomé-Vogan-Anfoin road, and the management of the funds of Togo's participation in the CAN 2013 and 2017.

Since it became operational, the High Authority has been unable to bring the alleged perpetrators of embezzlement and corruption to justice or to have them convicted. Rather, it has encouraged, through its inaction to amplify the treasure hunt, easy gain within the positions of responsibility in the public administration. The impunity that reigns there suggests that in Togo everything is allowed and those who embezzle public funds seem to no longer be worried. In 2015 by creating HAPLUCIA, some Togolese wanted to believe in a real political will to fight against this scourge. But great was their disappointment to see that five (5) years later, this institution remains totally apathetic in front of the facts denounced in particular by the media. Many actors reproach HAPLUCIA for not having dared to tackle the great corruption including "tons of phosphates that leave Togo without control", "the tax revenues of large companies not entirely paid to the tax authorities", "false declarations of expenses on trips made abroad and capital transfers through Lomé with the complicity of the banks and authorities in place."

The government also noting the failure of HAPLUCIA, announced that it wanted to restructure it to give it the means to "promote and strengthen the prevention and fight against corruption ". For Minister Christian TRIMUA, Government Spokesman, this institution will be the subject of a recomposition, in the light of the challenges of the new Togolese government.

But one thing is certain. To carry out an effective fight against the phenomenon of corruption in Togo, it will be necessary to implement concrete actions aimed at prosecuting the perpetrators and accomplices of acts of corruption and putting an end to the impunity that prevails today.

How to get out of this vicious circle of corruption ? here are some approaches to solution

Many people often think that they are at the mercy of corruption and that it is only a "way of life". However, every society, every sector and every citizen would benefit from uniting against corruption in their daily lives.

The fight against corruption remains a major challenge for the Togolese authorities. For us, it is important to strengthen the measures already taken in the prevention and repression of acts of corruption. Among other recommendations, the Togolese Government should adopt and implement the preliminary draft framework law on preventing and combating corruption and its implementing legislation; continue the computerization of all means of payment for the benefit of the State in order to reduce the risks of corruption ; strengthen mass awareness-raising actions in order to create a critical mass of citizens to denounce acts of corruption ; strengthen the capacities of the judges of the Court of Auditors so that they are able to make judicial decisions on the management of state accounts; strengthen collaboration/partnership between the various supervisory bodies and other institutions in charge of the fight against corruption ; adopt and operationalize the law establishing the judicial agency of the State ; raise awareness among judges of the challenges of asset recovery in the field of foreign bribery ; strengthen human and financial resources at the investigation and investigation stage in order to facilitate the identification of illicit assets and the implementation of precautionary measures; adopt and implement implementing legislation for the Law on the Land and State Code ; continue the full digitization and online availability of land titles; strengthen the online publication of administrative documents and online applications for public services; enhance the necessary efficiency and speed in the implementation of investment projects by granting greater responsibility to contracting authorities; strengthen the capacities of actors in the public procurement chain; consolidate the public procurement information system; set up a mechanism for monitoring public procurement audit reports; or the Court of Auditors must strengthen the management controls of the funds allocated to political parties and the financing of electoral campaigns.

Restoring with integrity requires the involvement of strong anti-corruption bodies, better oversight of emergency support aid, more open and transparent public procurement, stronger compliance with anti-corruption measures by the private sector, and crucial civil society engagement.

According to the United Nations (UN), politicians, leaders and civil servants ; non-governmental organizations and civil society; the media ; the private sector; trade unions and every citizen can fight corruption. These different actors can take a stand and fight corruption through several diversified actions.

It is a question of public sector actors ratifying and implementing the United Nations Convention against Corruption ; denounce corruption cases; investing in education and protecting education funds ; refuse to participate in activities that are not lawful and transparent ; know what the convention requires the government and these agents to do ; and ensuring that funds are not diverted from health services. Non-governmental organizations and civil society should encourage their governments to ratify and implement the Convention ; inform the public that administrations must be free from corruption ; engage young people in discussions about what constitutes moral behaviour, the nature of corruption and how to combat it, and encourage young people to claim their right to education ; communicate to partner organizations, the private sector, government agencies and the public that a level playing field improves the country's competitiveness; publish detailed information on free access to information, existing complaint mechanisms and the results of the fight against corruption ; and raising awareness among the general public, the media and administrations about the cost of corruption to the health care system. The media in turn must report on the steps taken by the government to ratify and implement the convention or the absence of such measures ; use the power of the internet to protect journalists who report corruption cases and others reporting irregularities ; partner with non-governmental organizations active in the field of education to serve as " policeman " and inform the public ; working with the business community to monitor private sector activities; learn how to professionally promote public broadcasting, and how to support independent journalists' unions ; and connecting with journalists in rural and urban areas who report on how health services are delivered to the most marginalized citizens in society. The private sector, on the other hand, must promote economic stability through the application of a zero-tolerance policy towards corruption ; Adopt the guiding principles on gifts, supply chain, whistleblowing, and other key issues related to corruption, and make them known to all employees ; fund education programmes and ensure that they are properly administered ; rigorously enforce anti-corruption measures and call on independent auditors to monitor compliance and address " anti-corruption strategies" in the framework of social dialogue; adopt the rules of fair competition; and ensure that health service providers adopt international good practices to provide goods and services that will benefit all citizens and do not turn a blind eye, for profit, to public sector corrupt practices. Trade unions negotiate adequate wages for public officials; defend those who denounce irregularities ; monitor the integrity of education systems; address anti-corruption strategies in social dialogue and partner with the private sector to ensure zero tolerance for corruption ; mobilise the collective voice of trade unions and their bargaining power against corruption; and fight for fair remuneration, good working conditions and better organization of health workers' services. Generally speaking, each of us can fight corruption by learning about the rule of law and what the state is committed to doing to fight corruption ; reporting corruption cases to the authorities or teaching children that corruption is unacceptable.

Bibliographic sources : Parallel report on the implementation of SDG 16 of ANCE-Togo ; Essohana WIYAO, President of HAPLUCIA , report on the fight against corruption in Togo; www.anticorruptionday.org.

Samiroudine OURO SAMA ; Lawyer, Human Rights Defender (HRD), Specialist in Governance and Anti-Corruption Issues, Alumni CRL YALI DAKAR ; Contacts : (00228) 97313991/92323853.