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what are the characteristics of the Follow-up Mechanism to the Inter-American Convention against Corruption?

  • It is a voluntary mechanism. Almost all of the State Parties have voluntarily adhered to this system. As of the year 2005, 28 of the 33 signatory States to the Convention have also adhered to the Follow-up Mechanism. In other words, these States have subjected themselves to a review mechanism that is not obligatory. This voluntary opportunity was not part of the Convention when it was signed but was added five years later.
  • It monitors the states' actions to see if they are attempting to comply with the objectives of the Convention and points out possible ways of improving or strengthening these actions. The Follow-up Mechanism uses the terms 'examination' and 'review' rather than 'evaluation' and 'monitoring'. This conceptual difference distinguishes it from other follow-up mechanisms.
  • It does not imply the use of sanctions. The Follow-up Mechanism attempts to analyze to what degree the provisions of the Convention are being implemented in order to promote compliance and facilitate cooperation among states. This does not imply that the states are subject to grades, certifications, or international reprisal, but that they will undergo political-technical reviews which will translate into recommendations between countries.
  • Incorporated into the codes of conduct of the members of the Mechanism and especially of the Committee of Experts is respect for the Constitution and for the fundamental principles of the legal system of each State Party. This implies that in the case of reviews, observations, and recommendations, members may urge that a national legal system be modified, but cannot aspire to grade its constitutional foundation.