What are the challenges to promoting signature, ratification and implementation?

Although in some countries ratification can itself amount to legal implementation, in others, the implementation of an anti-corruption convention requires considerable government commitment. This is especially true in the case of broad conventions like the AU Convention, OAS Convention and UNCAC, which cover topics crossing a range of ministerial responsibilities. Implementation may require allocation of significant human and financial resources for analysis, for drafting legislation including budgetary appropriations, for shepherding this draft legislation through parliament and for producing appropriate changes to regulations and guidelines for the executive branch. These challenges require sustained efforts directed from the top to ensure that the convention is taken seriously and given priority. At operational level, conventions’ implementation needs experienced staff in the executive and legislative branches to push reforms through.

In sum, some of the challenges to be confronted are

• Leaders must demonstrate sufficient political will and send a clear message to ministers, senior government officials and elected representatives as to their support for the convention. This is not always done.
• Responsible government officials need to ensure that the necessary steps are taken. They may be distracted by other government business and fail to give the conventions the priority they deserve.
• Implementation may be costly and complicated.
• Opponents of anti-corruption programmes may seek to obstruct or delay each of the steps, especially implementation. Each step in implementation becomes more controversial than the preceding step. The signing of an anti-corruption convention is usually a popular step. Legislative ratification may bring out the first signs of opposition.Enactment of implementing laws is likely to meet increased resistance. Enforcement of laws is invariably the most difficult step.
• Delays in implementation by some countries may be used as excuses for delaying action in other countries.

Civil society work on promoting conventions is a challenge inasmuch as it involves promoting legal instruments and processes which ordinary citizens often perceive to be beyond their understanding, experience or field of interest. Also challenging is the fact that many anti-corruption convention provisions are often formulated in general terms and civil society organisations, like their governments, need to interpret these requirements and to identify ways of measuring whether the government has done what is required by the convention. Furthermore, although the provisions are relatively general, some of the important areas covered by conventions require considerable technical expertise, such as the fields of anti-money launderig, asset recovery and mutual legal assistance.