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civil society participation in the OECD Convention

The Working Group on Bribery of the Organization for Economic Cooperation and Development (OECD) does not contemplate civil society as a formal participant in its review meetings. Nonetheless, it is considered important that civil society has an opportunity to express its opinions and that these opinions be taken into account in the follow-up process.

The OECD Convention contemplates a follow-up mechanism with two phases:

In the first phase, civil society can present written reports regarding implementation at a national level to the Working Group on Bribery which is in charge of the monitoring process. Additionally, the second phase includes review visits to countries during which the members of the Working Group hold interviews with civil society to discuss implementation.

Civil society has three channels of participation in the review process:

  1. Civil society may submit its opinions in writing to the Working Group.
  2. Information from civil society in relation to determined aspects is permitted in meetings for consultation.
  3. Civil society is invited to participate in the second phase during the country visits.

During Phase 1 of the Follow-up Mechanism, the national chapters of Transparency International (TI) in Mexico, Canada, and the United States contributed to the monitoring process by analyzing the legislation responsible for implementing the OECD Convention.

Phase 2 of the review, which is due to be completed in 2007, contemplates visits and meetings with experts from civil society who will share their opinions on how to put the Convention into practice.

As for the private sector, TI has been instrumental in changing the business community's attitude regarding the strengthening of its internal processes and the development of mechanisms to secure compliance with the OECD Convention. Representatives of civil society, including many of Transparency International's national chapters, have actively sought to call the attention of the business communities in their countries to the new legal reality created by the OECD Convention.