UNCAC review/2009/in focus/news room

29 April 2009


	Call for governments to do the right thing and do it now!

2009 is a big year for the UN Convention against Corruption (UNCAC), the first truly global convention to fight corruption. 140 of the world’s governments are due to decide on an UNCAC review mechanism - a process for assessing whether governments are applying UNCAC standards to fight corruption.

In November 2009 governments will meet in Doha, Qatar, to agree on what kind of review mechanism to use. It is essential that the process is robust, transparent and participatory. If it’s not, the value of the convention will be badly undermined.

Now is the time to call on your government to support an effective review mechanism. Key inter-governmental preparatory meetings for Doha are currently taking place - including one on 11-13 May 2009 in Vienna and another one in September 2009. Transparency International (TI) and the UNCAC Coalition - a global network of civil society organisations - prepared a Statement (French) (Spanish) that was submitted to the Vienna meeting in May. As of 11 May 2009, 128 organisations, from 47 countries had signed up to the Statement and the numbers are growing. For a list of the organisations that signed up, please click here. We’re also calling on organisations and citizens to write to your governments to call for an effective mechanism.


	What can the UNCAC do for you?

The United Nations Convention against Corruption (UNCAC) sets global standards that citizens and local civil society organisations can use to hold their governments to account. For example, it provides for:

Fair and honest government recruitment – no cronyism to get government jobs!
Open and competitive procurement – no under-the-table deals to win government contracts!
Transparent and accountable public financial management - no siphoning off of public funds!
Transparency in party finance - no secret or undue influence on elected officials through campaign contributions!
Restrictions on public officials switching to the private sector - no more revolving door improperly influencing government decisions!
High standards for the private sector including codes of conduct, accounting and auditing standards and transparency in ownership of companies – no more use of corporate structures to disguise corrupt transactions!
Citizen’s access to information - UNCAC Article 13 calls on governments to “ensure that the public has effective access to information” - no more hiding irregular government decisions from the public!
Honest judiciary systems – no more undermining the justice system through corrupt influence!
Banking information to be provided in criminal investigations - no more use of bank secrecy to cover the trail of laundered corruption monies and thwart pursuit of the corrupt!

The chapter on criminal offences covers bribery, embezzlement and money laundering, among other issues. There is also a groundbreaking chapter providing the framework for the return of stolen assets and another section calling for technical and financial assistance to developing countries.


	So what’s missing?

This landmark convention will remain only a well intentioned effort unless an effective monitoring system is put in place. Governments should report on the progress they’ve made in implementing the standards and receive feedback on how they’re progressing. This is the lesson learned from other conventions.

What is needed for effective monitoring? TI has come up with a set of Recommendations for an UNCAC Review Mechanism.

The UNCAC Coalition has made similar proposals in the Coalition Statement, which seeks a comprehensive review mechanism that is:

Supported by a well-resourced secretariat
Assisted by a group of independent experts
Based on tested review methods, including peer review and country visits
Participatory, involving civil society organisations and other stakeholders
Transparent, resulting in published country reports with recommendations
Carried out in coordination with regional review mechanisms
Funded from the regular UN budget or assessed contributions, supplemented as needed by voluntary contributions


	Where we are now: danger of backtracking

Some governments have taken very restrictive positions regarding the terms of the review mechanism. These positions will block the achievement of the Convention's objectives. There is particular resistance by some governments to civil society inputs and publication of country reports resulting from the reviews. But many international conventions with broad membership have open mechanisms to review the progress of countries in their implementation. In many treaty monitoring processes, governments publish reports on their own progress, civil society provides input in the review process, experts visit the countries to be reviewed and final reports and recommendations are published.

Below is an overview of TI proposals for monitoring that actually works and some of the restrictive government proposals.

TI and Coalition positions	Restrictive government positions

Information Sources for Reviews
Multiple information sources are needed, not only from governments. Governments are not the exclusive producers of quality information. Civil society and other non-governmental entities should be able to provide information and assessments.	Governments should be the only source of information for evaluating their own progress.
Country Visits for Reviews
Country visits are necessary. Adequate information for credible assessments of actual performance can only be obtained through country visits. Review teams should visit countries to discuss actual implementation with responsible officials in a range of institutions.	Reviews should be limited to self-assessment forms. Reviewed countries may also be asked to supply supplementary information to a review team.
Transparency
Publication of country reports. Transparency is a core value in the UNCAC: Self assessments and reports should be published online as soon as they are completed.	Country reports should not be published. The public should not have access to government self-assessments or to country reports by review teams. Overview reports comparing multiple countries –on region or theme- should be prepared by the conference secretariat to be published only after an inter-governmental meeting.
Organisation of Reviews
Peer review teams should be supplemented by a panel of independent experts. Impartiality and fair treatment are key for an effective review process. Country reviews should be conducted by small review teams composed of government-appointed experts from two countries. Later, a small panel of independent experts should receive, assess and approve the reports.	Monitoring should be carried out by peer review teams, followed by general discussions in big meetings. Country reviews should be conducted by small review teams composed of government-appointed experts from two countries. Later, a large inter-governmental meeting should discuss overview reports and make general recommendations.


	What TI is doing and how you can help

The TI movement is engaged in dialogue with governments to promote an effective UNCAC review mechanism. Governments party to the UNCAC have been provided with TI’s latest recommendations for an UNCAC Review Mechanism, and TI national chapters in many countries have met with government officials to discuss priority issues relating to the review mechanism.

The UNCAC Coalition, a global network of civil society organisations promoting the ratification, implementation and monitoring of the UNCAC have been actively seeking sign-ups to their joint Statement (French) (Spanish) on the UNCAC review mechanism. Following the MAy meeting in Viena, the Statement will be updated and civil society groups will be invited to sign on by sending an e-mail with their details ahead of the September 2009 meeting on the Review Mechanism.

Additional actions you can take:

Write to your government expressing your support of an UNCAC review mechanism and ask them about their position. A sample letter can be found here and addresses for your representatives in Vienna can be found here.
Write a blog entry or link to us to spread the word about UNCAC and the need for an effective review mechanism.
Join the UNCAC Coalition or work at national level with TI’s national chapters and other civil society organisations to raise awareness.
Organisations can sign up to the UNCAC Coalition Statement by sending an email to coalitionwebsite@transparency.org

Time for climate action.