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This documents is prepared to , train Ethiopian National anti corruption assessment team
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United Nations Convention against Corruption (UNCAC ) and Its Review Mechanisisim Presented by : HareGOT –Abreha Director of Ethics infrastructure Coordinating Directorate , Federal ethics and anti corruption commission of Ethiopia FEAcc management hall January /2020
Content Of The presentation • Corruption • Negotiation Process toward UNCAC • Signatory states of UNCAC • Main Parts Of UNCAC • Over view of chapters of UNCAC • Subsidiary bodies of UNCAC • Review cycle of The mechanism • Guiding principles during Review • Components of Reviewing Format/ blue print / • Role Of UNODC in the Review mechanism • Discussion Points
1. corruption • Corruption is a complex social, political and economic phenomenon that affects all countries. • Corruption undermines democratic institutions, slows economic development and contributes to governmental instability. • Corruption attacks the foundation of democratic institutions by distorting electoral processes, perverting the rule of law and creating bureaucratic quagmires whose only reason for existing is the soliciting of bribes. • Economic development is stunted because foreign direct investment is discouraged and small businesses within the country often find it impossible to overcome the "start-up costs" required because of corruption
2. Negotiation Process Toward UNCAC Adoption of United Nations Convention against Transnational Organized Crime -Creation of the Ad Hoc Committee for the Negotiations of a new Convention against corruption (A/RES/55/61) 2000 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 2002 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants 2003 Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico
4. Main parts of UNCAC • The Convention covers five main areas: • preventive measures, • criminalization and law enforcement, • international cooperation, • asset recovery, and • technical assistance and information exchange. • The Convention covers many different forms of corruption, such as bribery, trading in influence, abuse of functions, and various acts of corruption in the private sector.
Preventive measures Criminalization and law enforcement Asset recovery International cooperation The United Nations Convention against Corruption
5. Over view of chapters of UNCAC • Chapter 1 – General Provisions ( 1-4 ) • Chapter 2 – Preventative measures ( art 5-14 ) • Chapter 3 – Criminalization/law enforcement (Art.15-42) • Chapter 4 –International cooperation (art 43-50 ) • Chapter 5 – Asset Recovery ( art 51 -59 ) • Chapter6–Technical assistance and info exchange ( art 60-62 ) • Chapter 7 – Mechanisms for implementation ( art 63-64 ) • Chapter 8 – Final provisions ( art 65- 71 )
6. subsidiary bodies of UNCAC • The Conference has created subsidiary bodies, operating under its mandate, to assist in carrying out its work. • They are meant to advise the Conference and make recommendations to help deliver its mandate (in accordance with article 63, paragraph 7 of the Convention).
6. 1 Conference of the States Parties (COSP) • The is the main policy-making body of the United Nations Convention against Corruption. • It supports States parties and signatories in their implementation of the Convention, and gives policy guidance to UNODC to develop and implement anti-corruption activities. • The Conference was established, as per article 63 of the Convention:• To improve the capacity of States to implement the Convention • To enhance cooperation among States in achieving the objectives of the Convention ; • To promote and review the implementation of the Convention. • The Conference meets every two years and adopts resolutions and decisions in furtherance of its mandate.
6.2 Open-ended Intergovernmental Working Group on Prevention • This Working Group is called " Working Group on Prevention" is a subsidiary body of the Conference of the States Parties. • It is responsible for advising and assisting the Conference in regard to preventive measures under chapter II of the Convention against Corruption. • The Working Group on Prevention has held one meeting per year during which its participants exchange information and experiences, present actions taken by States parties , discuss specific substantive topics as well as the implementation of resolutions dealing with the prevention of corruption, and take recommendations to be presented to the Conference.
6.3 Open-ended Intergovernmental Working Group on Asset Recovery • This "Working Group on Asset Recovery" is a subsidiary body of the Conference of the States Parties to the United Nations Convention against Corruption. • IT is responsible for assisting and advising the Conference of the States Parties in the implementation of its mandate with the return of proceeds of corruption. • This function is pursuant to Chapter V of the Convention, which enshrines the recovery and return of stolen as a fundamental principle of the Convention. • the Working Group on Asset Recovery holds one intercessional meeting per year, during which time participants are able to exchange information and develop recommendations to be presented to the Conference.
6.4 Open-ended Intergovernmental Working Group on international Cooperation • In its resolution 4/2, the Conference of the States Parties to the United Nations Convention against Corruption decided to convene open-ended intergovernmental expert meetings to enhance international cooperation. • The functions of the meetings are to assist it in developing cumulative knowledge in the area of international cooperation and encourage such cooperation, facilitate the exchange of experiences among States parties and assist the Conference in identifying the capacity-building needs of States. The meetings are convened once year
6.5 Implementation Review Mechanism • The Implementation Review Mechanism (IRM) is a peer review process that assists States parties to effectively implement the Convention . • The Mechanism promotes the purposes of the Convention, provides the Conference of the States Parties with information on measures taken by States parties in implementing the Convention and the difficulties encountered by them in doing so, and helps States parties to identify and substantiate specific needs for technical assistance and to promote and facilitate the provision of such assistance.
The functioning and the performance of the IRM is guided and overseen by the Implementation Review Group ,an open-ended intergovernmental group of States parties which is a subsidiary body of the CoSP and was created together with the IRM in Resolution 3/1. • In accordance with the terms of reference, each State party is reviewed by two peers - one from the same regional group - which are selected by a drawing of lots at the beginning of each year of the review cycle.
In addition, the Mechanism promotes and facilitates international cooperation, provides the Conference with information on successes, good practices and challenges of States parties in implementing and using the Convention. • It promotes and facilitates the exchange of information, practices and experiences gained in the implementation of the Convention
Each State party is to nominate up to 15 governmental experts for the purpose of the review process. These experts then carry out the reviews on behalf of their countries • Each State party is to nominate up to 15 governmental experts for the purpose of the review process. These experts then carry out the reviews on behalf of their countries.
The Conference of the States parties decided that a comprehensive self-assessment checklist should be used as a tool to facilitate the provision of information on the implementation of the Convention (resolution 3/1). • Rather than using paper-based questionnaires, UNODC has developed a user-friendly computer-based application to allow States to provide information on the implementation of the Convention, the Omnibus Survey Software .
7. Review cycle of The mechanisim • The Review mechanism has two level of Cycle • 1st Review cycle • 2nd Review cycle • Each cycle has 5 years of Reviewing time . • The first cycle of the Review Mechanism started in 2010 and covers the chapters of the Convention on Criminalization and Law Enforcement and International cooperation .
The second cycle, which was launched in November 2015, covers the chapters on Preventive measures and Asset recovery. • In each review cycle, each State party must undergo review once, and must perform between one and three reviews of other States.
The timing of when each State is undergoing review, or acting as reviewing State, is determined by drawing of lots. • The schedule of country reviews and the list of reviewing and reviewed countries for a given year are laid out in the country pairing tables for each review cycle.
8.Guiding principles during Review • Transparent, efficient, non-intrusive, inclusive and impartial; • Non-adversarial and non-punitive, without any form of ranking ; • Opportunities to share good practices and challenges; • Technical, promoting constructive collaboration; and • Complements existing international and regional review mechanisms ,
9.Components of Reviewing Format/ blue print / • Introduction ( describes about COSP and Reviewing process of the Convention 63 ) • Process ( describes about the process of how the reviewing is conducted , by whom and from information was collected . • Executive summary Observations on the implementation of the articles under review, Successes and good practices , Challenges in implementation [where applicable, Technical assistance needs identified to improve implementation of the Convention
IV.Implementation of the Convention (Ratification of the Convention , Legal system of State under review ) C Implementation of selected articles II. Preventive measures • Article 5. Preventive anti-corruption policies and practices Paragraph 1 of article 5 1.Each State Party shall, in accordance with the fundamental principles of its legal system, develop and implement or maintain effective, coordinated anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability.
(a)Summary of information relevant to reviewing the implementation of the article • Is your country in compliance with this provision? • Please describe (cite and summarize) the measures/steps your country has taken, if any, (or is planning to take, together with the related appropriate time frame) to ensure full compliance with this provision of the Convention. • Please provide examples of the implementation of those measures, including related court or other cases, available statistics etc.
(b) Observations on the implementation of the article • [Observations of the governmental experts with regard to the implementation of the article. Depending on the scope of the review cycle, findings with respect to the way in which national law has been brought into line with the article, as well as to the implementation of the article in practice.] • [Observations on the status of implementation of the article, including successes, good practices and challenges in implementation.] • (c) Successes and good practices • [Identification of successes and good practices in implementing the article, where applicable.]
10.Role Of UNODC in the Review mechanism • UNODC is the secretariat of the Review Mechanism. • To support States parties' efforts to fully implement the United Nations Convention against Corruption, • UNODC delivers technical assistance in various corruption-related thematic areas, such as prevention, education, asset recovery, integrity in the criminal justice system, etc.
Discussion Points Agenda 1 • Any Suggestion / question on The presentation Agenda 2 • Discussion on The Progress and Finalizing of Collecting Information Agenda 3 • Deciding Next Meeting ( feeding Information to the blue print Format and Producing of Firs draft report) • Place of Meeting – Adama • Duration of Time –( 1up to 2 week ) • Name of Hotel – will be selected soon • date of The meeting – will be decided FEACC heads and Focal Pointes
