OAS Draft

TI recommendations incorporated into the draft

Session I: Good Governance and Development in the Knowledge-Based Society Draft Declaration of Santo Domingo and the Draft Resolution Support for the Hemispheric Agenda of the Knowledge-Based Society..

Information and Communication Technologies (ICTs)

Recommendation No. 5 established that: Information and Communication Technologies (ICTs) should be used as tools and added to the resources that citizens should have available in democratic societies to ensure processes for accountability and transparency at all levels of government, e.g. the incorporation of the concept of government purchases and public works as a procurement system that not only streamlines the investment of public funds but also enhances its visibility, increases social oversight and decreases corruption risk in the countries.

This recommendation incorporated content from Transparency International’s document stating that the Information and Communication Technologies (ICTs) are tools for helping ensure accountability and should be used for such.

Procurement and Public Works

It also included additional content from TI stating that the concept of government purchases and public works should be specifically addressed, as a procurement system that not only makes the investment of government funds more efficient but also enhances its visibility, increases social oversight and decreases corruption risk in the countries.

Session II: Promotion of Democracy, the Inter-American Democratic Charter and the Declaration of Florida.

ICTs and the Follow-up Mechanism

Item 13 of the Round Table recommendations included a number of recommendations aimed at moving forward in the fight against corruption in the region.

The ICTs should be incorporated into the follow-up mechanisms of the Inter-American Convention against Corruption, for purposes of, inter alia, expediting the negotiation process for the second round of the Follow-up Mechanism for the Implementation of the Inter-American Convention against Corruption (MESICIC) and making the process more transparent. This recommendation was taken from Recommendation No. 7 from the section addressing MESICIC in Transparency International’s document, which states that, with a view toward accelerating the second round of MESICIC, the States are urged to promote the use of the ICTs in the mechanism. Furthermore and with regard to the timeline adopted for the second round, the number of meetings established for 2006 must be increased.

IACAC and the Follow-up Mechanism

The Member States that have not yet signed the Inter-American Convention against Corruption, and any other international instrument, should do so immediately. This also applies to States that have not yet joined MESICIC.

This recommendation was presented by Transparency International and requested all States that have not yet signed or ratified the anticorruption international instruments, the Inter-American Convention against Corruption, the United Nations Convention against Corruption, the Inter-American Convention on Mutual Legal Assistance in Criminal Matters and the United Nations Convention against Transnational Organised Crime, to do so.
This was taken from Recommendation No. 1 under the section addressing MESICIC in Transparency International’s document, which notes that given that 28 countries currently participate in MESICIC, we urge the remaining five States Party to IACAC that have ratified it but have not joined MESICIC, to do so. Reference is made to Antigua and Barbuda, Dominica, Haiti, St. Kitts and Nevis and St. Lucia.

Advances during the Inter-American Year of the Fight against Corruption

Civil society should be notified of advances made in compliance with OAS General Assembly Resolution AG/RES.2071 “which establishes the current year as the Inter-American Year of the Fight against Corruption.”

This recommendation incorporates content proposed by Transparency International under Section II, Recommendation No. 1 that requests the OAS and each State Party to report at the forthcoming session of the General Assembly on compliance with the provisions contained in Resolution 2071/05, which established “2006 as the Inter-American Year of the Fight Against Corruption,” through activities undertaken or planned throughout the year that display a genuine, effective level of commitment to complying with the resolution.

Participation of civil society

The participation of civil society at the meetings of the Committee of Experts of MESICIC should be formalised and the follow-up visits should be reinserted.

This refers to Recommendation No. 3 under the section addressing MESICIC in Transparency International’s document regarding the recognition of civil society’s formal participation at the meetings of the Committee of Experts and Recommendation No. 5 concerning the reinsertion of follow-up visits in the Procedural Rules for the Committee of Experts.

Civil society organisations should be able to submit their responses to the questionnaire within the 30 days subsequent to the deadline established for States.

This refers to Recommendation No. 6 under the section addressing MESICIC in Transparency International’s document stating that the methodology adopted for the second round should include modified procedural rules that ensure that civil society organisations can submit their documents within the 30 days after the time limit established for States Party to present their responses to the questionnaire, and not within the same time limit. This will ensure a greater, more effective contribution from civil society as it will be able to supplement, question or elaborate on several aspects of the country reports.

Legislative initiatives

Legislative branches should pass legal initiatives that will allow the crimes stipulated under Article 6 of the IACAC to be included in their laws.

This refers to Section II, Recommendation No. 3 in Transparency International’s document suggesting that legislative branches of States Party to the IACAC pass legislative initiatives that will enable the incorporation into the criminal legislation of their countries of the crimes stipulated in the Convention, particularly those stipulated under Article VI of the Convention, adherence to which will come under review during the second round of MESICIC.

Formal follow-up to MESICIC

The Conference of States Party to the MESICIC should convene in 2006.

This refers to Recommendation No. 9 under the section addressing MESICIC in Transparency International’s document requesting the Conference of the States Party to MESICIC convene in 2006. This request was made as the first meeting was held in 2004 and it is crucial for the implementation of the provisions contained in the IACAC and MESICIC on the part of countries to be reviewed.

Session III: Social and Economic Development and the Declaration and Plan of Action of Mar del Plata

Role of Civil Society

Numeral 12 establishes that the States are urged to comply with the provisions of Articles 64 and 66 of the Mar del Plata Declaration and Plan of Action, which cite reaffirming good governance that is democratic, transparent and responsible; ensuring that accountability is a fundamental instrument for the achievement of transparency and the efficiency of the funds administered by the governments; and ensuring that the States answer the call to implement the Inter-American Convention against Corruption and fully participate in MESICIC.

Recommendations proposed by Transparency International were included specifically regarding the role of civil society and the mandates and commitments undertaken by the States.
The content of Numeral 12 was proposed under the Section III, Recommendation No. 1 of Transparency International’s document.

Initiatives for cooperation and exchange

Lastly, Numeral 13 establishes that compliance with the provisions contained under Articles 64 and 65 of the Mar del Plata Declaration and Plan of Action is also urged to ensure specific initiatives for cooperation and exchange of experiences are identified, before December 2006, with a view towards technical skills being developed in the countries that contribute to the full application of the provisions of the Inter-American Convention against Corruption and the strengthening of MESICIC, giving special consideration to the recommendations arising from the first round of said Mechanism.

This refers to Section III, Recommendation No. 2 of Transparency International’s document.