1 The First OECD- SOUTHEAST ASIA REGIONAL FORUM January Jakarta Concept and function of a peer review mechanism By Nicola Bonucci, Director, Legal Directorate, OECD The First OECD- Southeast Asia Regional Forum 2007 Session 1

2 Concept and function of a peer review mechanism Peer review is NOT –A settlement of dispute mechanism –A fact finding mission –A self reporting and self evaluation procedure But a Peer review may comprise some of these elements together with others…….

3 Concept and function of a peer review mechanism No precise definition of a peer review Its content will heavily depend on the field concerned (technical, scientific, legal), on the body within which it is carried out (academic world, intergovernmental organisation, NGO), on the stakeholders involved, on the object and purpose of the review Basic definition: An individual or a legal person’s position, theory, policy, hypothesis is examined by its peers

4 Concept and function of a peer review mechanism at the OECD Systematic examination and assessment of an OECD member policy by all the other members with the ultimate goal of helping the reviewed Member to improve its policy, to adopt best practices, and comply with established standards and principles. Non adversarial process heavily relying on shared confidence in its neutrality and usefulness.

5 Concept and function of a peer review mechanism at the OECD OECD is a multidisciplinary intergovernmental organisation It is a policy based organisation but it can from time to time adopt standards and rules It is also an organisation which practices and procedures change and evolve quite naturally

6 Concept and function of a peer review mechanism at the OECD NO standardised peer review mechanism In most cases mandatory but in some voluntary In most cases based on evaluation of policies but in some instances compliance with rules and standards is examined Having said that most peer reviews share certain characteristics………..

7 Concept and function of a peer review mechanism at the OECD THE ACTORS –Reviewed country –Secretariat –Lead Examiners –Collective body: the peers The other stakeholders –the civil society –the business community –the media

8 Concept and function of a peer review mechanism at the OECD THE PROCEDURES –The preparatory phase: usually carried out by the Secretariat –The consultation and prima facie evaluation phase: usually carried out by the Secretariat and the Lead examiners –The assessment phase: usually carried out by the Lead examiners and by the collective body

9 Concept and function of a peer review mechanism at the OECD Some specificities of the OECD’s peer reviews –Role of the secretariat –On-site visits –Adoption and publication of the reviews

10 Concept and function of a peer review mechanism at the OECD A peer review what for ?? –exchange of information –better understanding of each member policy –Capacity building –Peer pressure –Enhancing compliance

11 Concept and function of a peer review mechanism at the OECD Is the OECD model exportable ? –NO: Peer reviews are time consuming, they are costly, they are based on shared values goals and therefore they are reserved to a developed and homogeneous group of countries like the OECD, –YES: peer reviews do not require a one size fits all approach, they are not based on naming and shaming, they may serve the reviewed country to move its own agenda, being based on evidence and not on ideology they demonstrate that there may be different solutions to a same issue: “functional equivalence”

12 Concept and function of a peer review mechanism at the OECD Some suggestions for a successful peer review –Agree on the object and purpose of the review –Agree on the basic procedure while recognising that such procedure would necessarily evolve –Agree on the 3 basic principles of transparency, credibility and sustainability and…….

13 Concept and function of a peer review mechanism at the OECD ……..never forget that facts and actions matters more than words and procedures !! THANK YOU