Sunday, May 19, 2024

Illicit Financial Flows

An ‘Illegal’ Economy Fortified With Blessings Of Ruling Elite

On April 18, Zimbabwe celebrated its 41st independence anniversary from British colonial rule amid a presidential promise that the country’s mining sector will contribute US$12 billion dollars in revenue by 2023.

The country’s over sixty mineral resources ranging from diamonds, platinum and gold remain under-explored. According to the country’s minister of Mines and Mining Development Mr. Winston Chitando, “Zimbabwe does not know the estimated value of its mineral wealth.”

Despite the huge wealth in mineral deposits, the lives of many Zimbabweans have not improved. In his independence speech, Zimbabwe’s President Emmerson Mnangagwa reiterated his government’s plan to have the mining sector contribute hugely to the economy and improve the lives of citizens. By 2030, Zimbabwe seeks to achieve an upper-middle-income economic status.

“The mining industry is projected to rebound by eleven percent this year. Guided by the strategy to achieve a US$12 billion industry by 2023, programs that include increased exploration, expansion of existing mining projects, resuscitation of closed mines, opening of new mines, mineral beneficiation and value addition are being prioritized,” said President Mnangagwa in his independence speech.

Zimbabwe's leader since November 2017
Zimbabwe’s President Mnangagwa addresses the nation in his Independence Day speech revealing that the country’s mining sector will be a US$12 billion dollar industry by 2023 despite Zimbabwe losing over one billion dollars through gold smuggling and illegal trade of the mineral. Credit: Gibson Nyikadzino / Ubuntu Times

Zimbabwe’s goldfields and other mineral fields are today a contested terrain where even the elite and state institutions including the country’s Defence Forces are scrambling for a slice of the cake. In 2008, Mr. Farai Maguwu, the director of Center for Natural Resource Governance was arrested for bringing to attention the abuses committed by Zimbabwe’s security forces in the Marange diamond fields.

The gold sector has not been spared. According to a 2020 report by the International Crisis Group (ICG) gold buyers linked to President Mnangagwa buy the precious mineral on a premium, deterring the gold panners from selling the gold to Fidelity Printers and Refiners, the sole authorized gold buyer.

Resources Plunder By An Intemperate, Predatory Elite

After his dismissal then as Vice President in November 2017, Mnangagwa was accused of amassing wealth by grabbing mines belonging to small-scale miners. “Mnangagwa also grabbed many mines which belong to small-scale miners. He was abusing his authority as the Vice President to grab whatever he wants. We say Mnangagwa must be arrested because he is corrupt, he must face the music,” said then party official Mr. Dickson Mafios at a rally.

In 2018 former Higher Education Minister in Zimbabwe Prof. Jonathan Moyo also revealed that President Mnangagwa’s activities and those of his close circle are despicable that even the United Nations (UN) had to publish a report about their activities in the Democratic Republic of Congo’s (DRC) second civil war.

“The person who led the plunder of resources in the DRC leading to the United Nations (UN) investigating and coming with a report that is still there is Emmerson Mnangagwa along with the military cabal of General Chiwenga and SB Moyo. The person who brought the Chinese to plunder Chiadzwa Diamond Fields up to a point to which we had at the very least from 2007 to 2014 some US$12 to US$15 billion in diamond revenue that remain unaccounted for that went into the pockets of individuals is Mnangagwa,” Prof. Moyo said.

The report titled Plundering of DR Congo Natural Resources: Final Report of the Panel of Experts (S/2002/1146) was published in October 2002.

Chief beneficiary
President Mnangagwa’s name has been implicated in a scandal of six kilograms of gold that were recovered by the police destined for Dubai, allegedly involving his wife Auxillia, son Collins and close relative Ms. Henrietta Rushwaya. Credit: Gibson Nyikadzino / Ubuntu Times

Today President Mnangagwa and his family’s name continue to ring in illegal gold deals. Illegal gold mining or artisanal small-scale mining in Zimbabwe has been a launchpad for many illicit financial flows and gold smuggling out of the country. Home Affairs minister Mr. Kazembe Kazembe in February this year admitted that smuggling and illegal gold deals are costing the country between US$1.2 billion to US$1.5 billion dollars annually.

In October last year, Zimbabwe Miners Federation (ZMF) president Ms. Henrietta Rushwaya, a “close Mnangagwa relative” implicated Mnangagwa’s wife Auxillia and their son Collins after she was arrested at the Robert Gabriel Mugabe International Airport attempting to smuggle six kilograms of gold worth over US$360,000 to Dubai.

The First Lady distanced herself from Ms. Rushwaya’s arrest. “I have no dealings nor involvement with Ms. Rushwaya of any illegal kind,” she said. The gold sector in Zimbabwe has become a vital cog in foreign currency earning with many entrants using President Mnangagwa’s name to make inroads.

A US$12 Billion Election Campaign Promise For 2023?

Mr. Maguwu doubts the sincerity of the Mnangagwa administration in reaching the US$12 billion mining sector contribution to the economy by 2023. He further notes “Zimbabwe has far surpassed that mark.” Late Zimbabwe’s president Robert Mugabe in 2015 claimed the country had not received much from its diamond industry and lost about US$15 billion in the sector.

“We have not received much from the diamond industry at all. Not much by the way of earnings. I don’t think we have exceeded US$2 billion or so and yet we think that well over US$15 billion dollars have been earned in that area,” President Mugabe claimed then.

Zimbabwe is scheduled for general elections in 2023 and according to Mr. Maguwu, the government initiative in the mining sector is a campaign tool similar to the 2013 elections.

In 2010, Zimbabwe had an Employee and Community Share Ownership Scheme (ECSOS) in which foreign-owned companies were expected to cede some of their investments towards employee and community empowerment. After the 2013 elections, the scheme has been dumped.

“To me, it sounds like a political statement targeting the 2023 election, similar to the 2010 community share ownership scheme that was going to empower communities, and it led to the 2013 elections. After that election the whole thing died a natural death, now they are talking about a US$12 billion dollar economy by 2023, which is another election year. There is no feasibility study as to what is wrong with our mining sector. You cannot fix what you do not know. So there is no research carried out to say what is wrong and how do we correct it.”

“This government is silent on mining corruption. They are not talking about it and that is where the money is. It is not about making big statements and making promises to the nation,” Mr. Maguwu said.

Meeting target
Mines Minister Mr. Chitando dismissed critics for insinuating the US$12 billion dollar mining industry sector target by 2023 is a political campaign strategy. In his admission, he said Zimbabwe does not know the cumulative value of its mineral wealth. Credit: Gibson Nyikadzino / Ubuntu Times

Minister Chitando dismissed Mr. Maguwu’s assertion. He says the expected US$12 billion dollar contribution by the mining sector will be revenue streamed into the national fiscas.

“The US$12 billion dollars is the revenue that will be coming to the fiscas from the mining sector. There are projects happening now in the platinum sector, we have three new projects taking place. We have expansion projects taking place and all projects are taking place in reality. The fact that we took a five-year window is because that is the target we are working on,” explained Minister Chitando.

Uphold Rule Of Law To Plug Leakages, Illegality

Mr. Wellington Takavarasha, the chief executive officer of the Zimbabwe Miners Federation (ZMF), an organization owned by President Mnangagwa’s close relative Ms. Rushwaya, highlighted that artisanal small-scale miners contribution to the US$12 billion contribution is dwindling as some miners are being arrested.

Between 2017 and 2020, artisanal small-scale miners contributed a total of sixty tonnes of gold to the sanctioned government buyer, Fidelity Printers and Refiners. Because of arrests of the artisanal small-scale miners, gold output has declined from 60 percent to 47 percent. In 2019, small-scale miners contributed 17 tonnes as opposed to 9.8 tonnes in 2020.

“This year’s first quarter, our output has declined but we have the potential to contribute to the US$12 billion target. Our strategies include having our ventures formalized, mechanized, and have government resuscitate the mining industry loan fund,” said Mr. Takavarasha.

ZMF estimates that a tonne of gold is traded illicitly outside the formal market, which is fuelled by more than 1.3 million unregistered artisanal small-scale miners against its membership of 40,000.

Zimbabwe’s Gold Trade Act prohibits people without licenses to trade in the precious material. “Illegal mining is a livelihood activity that needs to be formalized. As it is, government is not benefiting but the middlemen and police are benefiting,” added Mr. Takavarasha.

Illegal gold dealings and smuggling is no new phenomenon in Zimbabwe. Successive ministers have raised the issue but their principals have turned a blind eye to their calls. Economist Mr. Nyasha Muchichwa says for government to stop the leakages, it needs to “uphold the rule of law and offer a competitive price to stop arbitrage.”

Government sanctioned buyer Fidelity Printers and Refiners is currently buying gold at US$45 per gram while on the illegal market it is US$54 per gram.

“The fact that we can quantify the money we are losing means we know that it is happening and when it has happened. The law should take its course and to those caught on the wrong side to be used as an example on what not to do.”

“When paying for those mining or selling gold, let us pay competitive rates so there is no arbitrage. As long as we have different prices this is when you find people making other means to get more money from the mineral they are holding. We need to address the price, laws that govern the selling, and the issue of our porous borders,” said Mr. Muchichwa.

African CSOs Call On Governments To Participate In The FACTI Panel High-Level Africa Regional Consultation

Nairobi, Kenya November 19 — Civil Society Organizations (CSOs) meeting at the 8th Pan African Conference on Illicit Financial Flows and Taxation in Nairobi have expressed deep concern over African governments limited interest in the High-Level Panel on International Financial Accountability, Transparency, and Integrity for Achieving the 2030 Agenda (FACTI Panel) consultations.

They are calling on African governments to actively participate by providing written and oral input into the FACTI Panel High-Level Africa regional consultations, saying to date, only the governments of the Republic of Sudan, Egypt, Nigeria, and South Africa have confirmed participation at the ministerial level.

The FACTI Panel regional consultations seek to bring together high-level representatives from member states, along with leaders from the private sector, civil society, and academia. 

The inputs from these stakeholders will feed into the FACTI Panel’s determination of technically feasible and politically viable recommendations to be made in its final report in February 2021

On 18th November, the High-Level FACTI Panel and the United Nations Economic Commission for Africa hosted the High-level Africa regional consultation to discuss possible means to address the shortcomings identified in the interim report published by the FACTI Panel on 24 September 2020.

It is only by active participation can African leaders ensure the FACTI Panel’s final report addresses the needs of African countries as losers in a rigged international finance architecture.

The FACTI Panel represents a critical institutional space to call for the implementation of measures targeted at curbing illicit financial flows and widespread tax evasion and tax avoidance that most harm countries in the Global South. 

By participating in the FACTI Panel High-Level Africa Regional Consultation, African leaders can use the opportunity to critique the shortfalls of the Organisation for Economic Cooperation and Development (OECD) processes and demand the establishment of a truly inclusive and democratic global tax governance structure.

Reforming the global structure of the international financial architecture and strengthening the fiscal and policy space for socio-economic transformation were key recommendations of the PAC conference.

They also call on African governments to demand that the FACTI Panel explicitly recognizes the immediate need for a universal, intergovernmental tax body at the United Nations, where developing countries can defend and safeguard their national interests through collective action at the United Nations. 

“As Africans, we are saddened with how African Ministers of Finance are taking the FACTI Panel consultations casually. This is the moment to correct an international tax system that has all along been rigged against us. We cannot afford to lose this moment!” Alvin Mosioma, Executive Director, Tax Justice Network Africa (TJNA) told Ubuntu Times in an interview.

In the face of the fundamental lesson that COVID-19 has taught governments, the centrality of public resources to Africa’s development is critical.

“We must all work towards ensuring that the FACTI Panel’s final report builds better on the Mbeki-led High-Level Panel Report on Illicit Financial Flows by clearly framing the analysis around IFFs,” added Mosioma.

According to Munir Akram, the 76th President of the United Nations Economic and Social Council, today, member states face three simultaneous global challenges. These are COVID-19 pandemic and its consequences, the realization of the 2030 Agenda and SDGs and the existential threat of climate catastrophe.

“Adequate financing is key to addressing each one of these challenges. Such financing will have to be mobilized at both the national and international levels. The ability of developing countries to mob dome finance is obviously constrained and this capacity has further diminished due to the impact of Covid-19,” Munir highlighted. 

To allow illicit flows to continue at this time, he adds, would be nothing short of criminal. IFFs deny vulnerable people access to basic services and infrastructure and condemn them to a life of inequality and poverty.

To ensure African governments build back better and sustainably post COVID-19, the CSOs called on African governments to ensure the creation of a truly inclusive architecture of international tax cooperation to end IFFs. 

IFFs deny governments billions of dollars that would otherwise be invested in public services particularly health, education, and social protection. 

African civil societies hosted the 8th Pan African Conference (PAC) on Illicit Financial Flows (IFFs) and Taxation from 9-13 November 2020 whose theme was ‘Africa We Want Post COVID-19: Optimizing Domestic Resource Mobilization from the Extractive Sector for Africa’s Transformation.’

Trust Africa organized the 8th PAC in collaboration with 18 co-conveners, including Tax Justice Network Africa (TJNA), African Union (AU), United Nations Economic Commission on Africa (UNECA), Global Alliance for Tax Justice (GATJ), African Tax Administration Forum (ATAF), OXFAM, Action Aid among others.

Africa Losses $89bn In Illicit Financial Flows, UN Report Shows

Dar es Salaam — Africa losses roughly 88.6 billion USD every year in illicit financial flows (IFFs) including tax evasion and outright theft of resources, UN study shows.

The report, titled “Tackling illicit financial flows for sustainable development in Africa,” published a week ago by the United Nations Conference on Trade and Development (UNCTAD) suggests the IFFs is nearly as much as the combined total amount of development assistance, valued at $48 billion and annual foreign direct investment, pegged at $54 billion — the average African countries received between 2013 and 2015.

Hurdle To Development

Illicit financial flows are hindering African development by draining foreign exchange, reducing domestic resources, stifling trade, and macroeconomics stability thus worsening poverty and inequality.

“Illicit financial flows rob Africa and its people of their prospects, undermining transparency and accountability and eroding trust in African institutions,” says UNCTAD secretary-general Mukhisa Kituyi.

The report shows, almost half of the money that Africa loses is accounted for by the export of undervalued commodities such as gold, diamonds, and platinum.

For instance, the report shows, gold accounted for 77 percent of the total under-invoiced exports worth $40 billion.

Stopping The Flight

While tackling illicit flows is a priority for the United Nations, most African countries are yet to plug loopholes that facilitate illegal capital flight and commercial practices such as mis-invoicing of trade shipments, corruption, money laundering, and illegal markets and theft.

From 2000 to 2015, the total illicit capital flight from Africa amounted to $836 billion. Compared to Africa’s total external debt stock of $770 billion in 2018, this makes Africa a “net creditor to the world”, the report says.

IFFs related to the export of extractive commodities ($40 billion in 2015) are the largest component of illicit capital flight from Africa. Although estimates of IFFs are large, they likely understate the problem and its impact.

IFFs Undermine Africa’s Potential To Achieve The SDGs

IFFs represent a major drain on capital and revenues in Africa, undermining productive capacity, and Africa’s prospects for achieving the Sustainable Development Goals (SDGs).
For example, the report finds that, in African countries with high IFFs, governments spend 25% less than countries with low IFFs on health and 58% less on education.

Since women and girls often have less access to health and education, they suffer most from the negative fiscal effects of IFFs. Africa will not be able to bridge the large financing gap to achieve the SDGs, estimated at $200 billion per year, with existing government revenues and development assistance.

The report finds that tackling capital flight and IFFs represents a large potential source of capital to finance much-needed investments in infrastructure, education, health, and productive capacity.

Paul Akiwumi UNCTAD Director for Africa said IFFs is a shared problem between developing and developed countries.

According to him, extractive, telecom sectors, and financial services are more susceptible to IFFs.

Akiwumi said IFFs have huge social and economic consequences. They not only drain domestic financial resources but also they’re correlated with lower government spending on key development areas.

“Illicit activities are by their very nature inherently difficult to record due to the differences in legal and regulatory frameworks across jurisdictions,” he told Ubuntu Times.
According to him, efforts to curb IFFs are hampered by lack of statistics.

The report shows IFFs in Africa are endemic to certain high-value, low-weight commodities including gold.

Sharpening Skills And Knowledge

Out of $40 billion of IFFs derived from extractive commodities in 2015, 77% were concentrated in the gold supply chain, followed by diamonds (12%) and platinum (6%).
The report aims to equip African governments with knowledge to identify and evaluate risks associated with IFFs and foment solutions to curb IFFs and redirect the proceeds towards development projects.

Improving Cooperation 

The report says African governments have not sufficiently reformed their taxation systems and enhance their national capacities to curb tax evasion and tackle proceeds from money laundering and recover stolen assets

Global Intervention

Tax revenues lost to IFFs are costly to Africa where public investment and spending on SDGs are lacking. In 2014 Africa lost approximately $9.6 billion to tax havens, equivalent to 2.5% of total tax revenue.

Local judicial authorities often lack the tools to challenge tax evasion at the core of the global shady financial system.

“Tackling illicit financial flows, however, will open the door to releasing much-needed investments in education, health, and productive sectors. African Governments — in concert with Africa’s private sector actors — should take the lead in strengthening stolen asset recovery, setting new standards for avoiding illicit flows and committing to more concerted actions to combat the negative impact of illicit financial flows on African economies,” says Kituyi.

Local analysts have called for global policymakers to devise measures that would deter billions of dollars from being siphoned out of the continent through money laundering and industrial-scale corporate tax avoidance.

“Africa is not a net debtor, rather a net creditor whose resources are drained through corruption, tax evasion, and outright theft. We need a new paradigm to reverse this trend,” said Bohera Lunogelo an analyst from a Dar es Salaam-based Economic and Social Research Foundation.

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