The United Nations Convention against Corruption and Its Review Mechanism

1. Introduction to the Convention 2 1. Introduction to the Convention 2. The Review Mechanism as an inter- governmental Process 3. The role of non-governmental stakeholders -in the fight against corruption -in the Review Mechanism

The United Nations Convention against Corruption Adopted by the General Assembly: Resolution 58/4, 31 October 2003 Entry into Force: 14 December 2005 3

The United Nations Convention against Corruption Preventive measures Criminalization and law enforcement International cooperation Asset recovery

Inter-governmental bodies to the UNCAC Conference of the States Parties Implementation Review Group Open-ended Intergovernmental Working Group on Prevention Open-ended Intergovernmental Working Group on Asset Recovery Open-ended intergovernmental expert meetings to enhance international cooperation under the Convention

The Implementation Review Mechanism Art. 63, para. 7: […] the Conference of the States Parties shall establish, if it deems it necessary, any appropriate mechanism or body to assist in the effective implementation of the Convention.

Third session of the Conference of the States Parties Doha, from 9 to 13 November 2009 Resolution 3/1: Establishes the Implementation Review Mechanism Contains the terms of reference for the Mechanism Based on the outcome of the deliberations in the Working Group on Review of Implementation

Overview of the Terms of Reference Peer review process An inter-governmental process (Para.4 ToRs) Drawing of lots for each year of the review cycle One phase = two cycles of five years (2010-2015; 2016-2021) First cycle: Chapters III (Criminalization and law enforcement); and IV (International cooperation) Second cycle: Chapters II (Preventive measures); and V (Asset recovery)

Goals of the Mechanism: (para. 11, TORs) Assist States parties in their implementation of the Convention Help States parties to identify and substantiate specific needs for technical assistance and to promote and facilitate the provision of technical assistance; Promote and facilitate international cooperation in the prevention of and the fight against corruption, including in the area of asset recovery; Promote and facilitate the exchange of information, practices and experiences gained in the implementation of the Convention;

Guiding principles Non adversarial/ non punitive/ no rankings Opportunity to share good practices and challenges Assist States in implementing the Convention Balanced geographical approach Technical/ Intergovernmental nature Complement existing review mechanisms Take into account diversity of legal systems and levels of development Confidentiality

Impact of the Review Mechanism Legislative reform: before and after review Increased domestic coordination and dialogue Opportunity for capacity-building Sharing of experiences and good practices with reviewing and reviewed States Action plan: prioritization of country-owned technical assistance needs Donor roundtables and donor coordination platforms

Looking forward First cycle: moving towards completion 160 executive summaries now completed and available More nearing finalization Second cycle: Prevention and Asset Recovery Launch of 2nd cycle with drawing of lots at IRG7 – started: 4 July 2016 Development of expertise and good practices in these areas Lessons learned from first cycle

What is the role of Civil Society in combatting corruption? UNCAC Preamble: “Bearing in mind that the prevention and eradication of corruption is a responsibility of all States and that they must cooperate with one another, with the support and involvement of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations, if their efforts in this area are to be effective,”

Art. 13 Participation of society 1. Each State Party shall take appropriate measures, within its means and in accordance with fundamental principles of its domestic law, to promote the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations, in the prevention of and the fight against corruption and to raise public awareness regarding the existence, causes and gravity of and the threat posed by corruption…

What is the role of Civil Society in the UNCAC? Article 1. of the UNCAC provides: The purposes of this Convention are: (a) To promote and strengthen measures to prevent and combat corruption more efficiently and effectively; (b) To promote, facilitate and support international cooperation and technical assistance in the prevention of and fight against corruption, including in asset recovery; (c) To promote integrity, accountability and proper management of public affairs and public property.

I. Possible avenues for engaging on UNCAC activities The Corruption and Economic Crime Branch is the Secretariat of the UNCAC (States) The civil society team within DPA is the entry point and liaison for Civil Society Organizations (CSOs) engagement with UNODC The UNCAC Coalition The governmental focal point who coordinates the State Party’s participation in the review

CSO participation in Inter-governmental bodies to the UNCAC CoSP: non-governmental organizations having consultative status with the Economic and Social Council may apply to the bureau for observer status (Rule 17) Other relevant NGOs may apply to the Bureau (through CST) for observer status NGO Briefing (resolution 4/6 of the Conference)

Role of Civil Society in the Review Process Consultation in the Self-Assessment Checklist (Art. 28 of the ToRs) Participation in the Direct Dialogue (Art. 30 of the ToRs) Encourage publication of the final report (Art. 38 of the ToRs) Support the addressing of TA needs identified

Useful resources http://www.unodc.org/unodc/en/corruption/uncac.html

…CSO and Governments hand in hand In a perfect world…. …CSO and Governments hand in hand

But its possible…

For further information: Division for Treaty Affairs United Nations Office on Drugs and Crime P.O.Box 500 Vienna A-1400 Austria Tel: +43-1-26060-83103 Fax: +43-1-26060-5841 lindy.muzila@unodc.org http://www.unodc.org/unodc/en/treaties/CAC/index.html