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what criteria is used to review states' implementation of the IACAC?

The Committee of Experts has established uniform criteria for reviewing the implementation of the Convention. In other words, the same criteria should be used to analyse the information gleaned from all the State Parties' responses to questionnaires submitted to the OAS. Taking these criteria into account, the Committee of Experts can assess the implementation of legal standards in a particular state.

What are the criteria?

  • Equal Treatment: All States Parties will be analysed within the framework of a round according to the same criteria and the same procedures. Thus, each State Party responds to the same questionnaire and all country reports have the same structure.
  • Functional Equivalency: This criterion is adapted from the follow-up mechanism of the Organization for Economic Cooperation and Development (OECD) which in the case of the IACAC implies that the Committee of Experts will analyze the measures taken by a state to assess whether they are meant to comply with the provisions and goals of the Convention. In other words, the Committee does not assess whether the States are fulfilling the obligations of the Convention, but rather whether they are acting in good faith in making an effort to fulfill them. This criterion is practical in that it permits that the standards of the Convention adapt to each country's reality. Thus, the Committee of Experts reviews the information within the system and specific legal context of each State Party. The Committee does not analyse whether uniform measures exist among the distinct States, but rather assesses whether the measures strive to an equal degree to achieve desired goals.
  • Strengthening Cooperation: The information received from different states is always analyzed with the following goals of the Convention and the Mechanism in mind: to promote, facilitate, and strengthen cooperation among States Parties in the prevention, detection, sanctioning, and eradicating of corruption. The review process seeks to pinpoint circumstances under which it is necessary to strengthen cooperation in order to achieve more effective implementation of the Convention.

Specific review criteria

Apart from these three general criteria, specific review criteria have been developed. The Committee of Experts attempts to verify, among other things: What is the degree of implementation? Does a legal framework exist? Or, in place of a legal framework, do measures exist that in some way supplant the legal framework that should exist? Is this legal framework, or are these measures, really adequate for achieving the goals of the Convention? What objective results can the state specify with respect to each one of the selected provisions? At this stage of the review process, civil society organisations from each country can provide valuable information regarding the adequacy and efficiency of a state's measures and laws.