What kinds of measures do the anti-corruption instruments and conventions call for?
Several anti-corruption instruments take a comprehensive approach to the problem, as a basis for effectively preventing and combating corruption. They set standards in the area of preventive measures, punitive measures and international cooperation. This is the case for the UNCAC, AU Convention, OAS Convention and ADB-OECD Action Plan.
Other conventions take a more selective approach to the corruption problem. The OECD Convention, Council of Europe Criminal Law Convention and EU instruments focus primarily on criminalisation of bribery. In the case of the OECD Convention the focus is even narrower - the criminalisation of foreign bribery. The Council of Europe Civil Law Convention primarily covers civil remedies. (It should be noted, however, that the collection of Council of Europe instruments that are reviewed by GRECO, when taken together, represent a comprehensive approach).
Examples of the kinds of measures included in conventions are provided below.
Preventive measures:
These measures covered aim to create conditions that promote good, honest, transparent and efficient public management and high private sector standards of behaviour. These include measures in the area of:
- Preventive anti-corruption bodies
- Public sector ethics and procedures
- Public procurement and public sector finance
- Public reporting, access to information, whistleblower protection
- Public education
- Private sector standards, including accounting and auditing standards
- Measures to prevent money laundering
Punitive measures:
These measures exist in most anti-corruption conventions and deal with punishment for corrupt actions taken. They generally call for:
- Adoption of legislation and other measures to establish criminal offences
- Liability of legal persons - criminal, civil or administrative
- Long statute of limitations
- Sanctions, immunities, release pending trial and parole
- Suspension, reassignment or disqualification from public office
- Freezing, seizure and confiscation of proceeds of corruption
- Protection of witnesses, experts, victims and reporting persons
- Compensation for damages
- Independent specialised anti-corruption authorities
International cooperation between law enforcement authorities:
These measures aim to make cross-border law enforcement efforts more effective. These are some of the most important provisions. They cover topics such as:
- Extradition
- Mutual legal assistance in investigations, prosecutions and judicial proceedings
- Law enforcement cooperation, including joint investigations and special investigative techniques
Other measures:
The UNCAC and some other conventions also contain important provisions relating to:
- Cross-border asset recovery
- Technical assistance
- Implementation mechanisms
- Monitoring and review
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