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How has TI contributed to the Second Round and what are the plans for improving the approach?
Transparency International (TI) has been contributing to the Inter-American Convention against Corruption (IACAC) and its follow-up mechanism for a full decade. During this time, we have submitted proposals geared towards its improvement to ensure that the Mechanism is sound and transparent.
Several of the proposals submitted by TI in reference to the methodology used for the second round were taken into account. We proposed that the government procurement and hiring systems be reviewed, as well as acts of corruption and national bribery. As such, the incorporation of these areas into the second round can be viewed as a success attributed to civil society’s ability to make its voice heard.
Nevertheless, in search of more ambitious objectives, TI also proposed before the Committee of Experts that the areas to be reviewed be broadened. TI recommended that, among others, provisions in the Convention, such as the collection and oversight of state income, measures that curtail bribery among national and foreign government officials, and illicit enrichment, etc, be included. These areas which clearly intend to launch a frontal battle against corruption were not included in the methodology.
In the opinion of Transparency International, the scope of the review should be even broader. TI also proposed that:
- The statistical information used in the review be strengthened. The information provided to the Committee must seek to be based on statistical data or information that is public or, in its absence, accessible.
- The review of each area should be more precise on account of each area’s complexity. Supplemental standards found in widely recognized international instruments must be utilized: the United Nations Convention against Corruption (UNCAC), the WTO agreements, the UNCITRAL and its model law, the Parliamentary Network of the World Bank, and Transparency International’s minimum standards for public contracting.
- The review of whistleblower protection systems be further developed. The review process should seek to research legislation but also stress attendant practices, mechanisms and procedures within each country.
- When reviewing the acts of corruption outlined under Article VI of the IACAC, the implementation of such and the results produced are addressed, in addition to any difficulties faced in improving the performance of the criminal procedure system.
- More teeth be given to the review of the Committee recommendations for the countries. It will be to the advantage of the States if the questionnaire also describes the steps taken to implement the recommendations adopted by the Committee, indicates the difficulties reported by the countries in applying them and identifies the various national bodies in charge of evaluating the applicability of such recommendations.
The full text of the recommendations proposed by TI can be accessed here.
