UN Convention against Corruption - Implementation Review Mechanism

UN Convention Against CorruptionImplementation Review Mechanism Francesco Checchi, Anti-Corruption Project Coordinator UNDP Bratislava Regional Centre ACA Training - Belgrade,- March 2011

The United Nations Convention againstCorruption Prevention Criminalization Asset International Recovery Cooperation ACA Training - Belgrade,- March 2011

Prevention of corruptionaccording to the UNCACChapter 2: prevention Prevention of corruption policies and agencies (art 5, 6) Public sector recruitment, hiring, retention (transparency, objective criteria); training; codes of conduct (art. 7, 8) Public procurement and public finance’s management (art. 9) Public reporting, access to information, awareness raising (art 10, 13) Prevention in law enforcement activities (Art. 11) Prevention in the private sector (art 12) Prevention of money laundering (art. 14) ACA Training - Belgrade,- March 2011

UNCAC Review mechanism – Terms ofreferenceWHO? StepsIntergovernmental peer review: Selection of the experts‐ 1 State under review Based on self‐assessment using OMNIBUS‐ 2 reviewing States (1 from same region) software Desk review of self‐assessment by theCountry pairings determined by drawing reviewing state partiesof lots Constructive dialogue between State under review and reviewing States States nominate governmental experts(up to 15) & a focal point for coordination May be other steps (country visit or meeting in Vienna)Guiding Principles ResultsTransparent, efficient, non‐intrusive, inclu “Country review report” (agreed &sive and impartial confidential) Executive summary (translated & publiclyConstructive: no ranking; emphasis on available)assistance & exchange of knowledge Thematic implementation report (analytical) ACA Training - Belgrade,- March 2011

Review mechanism – PhasesProcess in phases: 1 phase = 2 cycles of 5 years each ¼ of States Parties reviewed each year 1st cycle (2010‐2015) Chapter III –Criminalization and law enforcement Chapter IV – International cooperation 2nd cycle (2015‐2020) Chapter II –Preventive measures Chapter V – Asset recovery Serbia: year 2 (2011-2012) for the first cycle ACA Training - Belgrade,- March 2011

UNCAC self assessment“The State party under review shall endeavour toprepare their responses to the comprehensive selfassessment checklist through broad consultations atthe national level with all relevant stakeholders, theprivate sector, individuals and groups outside thepublic sector.”COSP - November 2009 ACA Training - Belgrade,- March 2011

UNCAC self assessment checklist ACA Training - Belgrade,- March 2011

ACA Training - Belgrade,- March 2011

Guidance Note for UNCACself-assessment UNDP Methodology for the implementation of the UNCAC self- assessmentMinimum: naming a focal pointand general call for stakeholdersengagementGoing beyond the minimum: Defining the responsibilities Involving a broad range of stakeholdersin the process Road map for consultationResult: the checklist useful for Awareness raisingand a broader range of information is collected ACA Training - Belgrade,- March 2011

MethodologyPreliminary steps: 1. Designation of a Lead Agency 2. Establishment of a Steering CommitteePhases: 1. Initial stakeholder workshop to launch and plan the process 2. Data collection 3. Analysis and drafting of the reports 4. Validation workshop and finalization of the reports 5. Publication and dissemination of the reports 6. Follow-up ACA Training - Belgrade,- March 2011

1. Designation of a Lead Agency / Focal Point Which agencies to be tasked? Depends on he capacity to coordinate (Departments within the President admin /Prime Minister, the Attorney General or the Ministry of Justice, the national Anti- Corruption Commission, in its role as the coordinator of anti- corruption policies. It is important that there is clarity within and outside the government regarding which institution is the Lead Agency. (The Focal Point chosen for the UNCAC Review Mechanism should ideally be the same office)2. Establishment of a Steering Committee Once a Lead Agency has been identified, it will be important for that Agency to consult across government to identify which other bodies have a stake in the UNCAC Self-Assessment > discuss the UNCAC Self-Assessment process and identify the officials who will be involved. ACA Training - Belgrade,- March 2011

Identification of responsibilities, exampleArticle 5 Preventive anti-corruption Examplepolicies and practices 1. ACA 2. Government Inspectorate Authority (GIA)1. Each State Party shall, in accordance 3. Ministry of Justice (MoJ) 4. Ministry of Foreign Affairs (MoFA)with the fundamental principles of its 5. Presidential Officelegal system, develop and implement 6. Prime Minister’s Officeor maintain effective, coordinated 7. Parliament 8. Public Administration School or Research Instituteanticorruption policies that promote 9. Public Administration and Civil Service Authority (PACSA)the participation of society and reflect 10. Ministry of Labourthe principles of the rule of law, proper 11. Ministry of Education 12. Ministry of Financemanagement of public affairs and 13. Ministry of National Defencepublic property, integrity, transparency 14. Ministry of Public Securityand accountability. [...] 15. Ministry of Information and Culture 16. Ministry of Industry and Trade 17. Ministry of Agriculture and Forestry 18. Ministry of Energy and Mines 19. Ministry of Planning and Investment 20. Ministry of Public Works and Transportation 21. Association of local authorities 22. Central Bank 23. Association of Journalists 24. National Business Association 25. Trade Union Representative ACA Training - Belgrade,- March 2011

Identification of responsibilities, exampleArticle 7. Public sector 1. ACA 2. Government Inspectorate1. Each State Party shall, where appropriate and in Authorityaccordance with the fundamental principles of its 3. Party Central Committeelegal system, endeavour to adopt, maintain and Organisation Boardstrengthen systems for the recruitment, hiring, 4. National Academy of Politicsretention, promotion and retirement of civil servants and Public Administrationand, where appropriate, other non-elected public 5. Public Administration and Civilofficials [...] Service Authority 6. University Faculty of Law and Political Science 7. Ministry of Justice 8. Presidential Office 9. Prime Minister Office ACA Training - Belgrade,- March 2011

Phases:1. Initial stakeholder workshop to launch and plan the processThe Lead Agency, with support from the Steering Committee where possible, should organize the stakeholder workshop, in coordination with any relevant development partners is the first opportunity to develop broad-based support for the process The workshop provides an opportunity to identify a Team of Technical Experts, (should be inclusive and multi-disciplinary).2. Data collection (a) Document gathering (background information, including relevant laws, regulations and policies as well as reports from previous anti-corruption or governance assessments) (b) Stakeholder consultations: consultations and discussions with government officials and specialists in various sectors including non-governmental actors such as civil society, academia and the private sector > checking the implementation and effectiveness of existing law – regulations and institutional arrangements. ACA Training - Belgrade,- March 2011

Guidelines for data collectionUNCAC Provisions / articles / paragraphs > as applicableHas any measure been adopted / implemented?-Yes/No/In partCite and summarize the law or the policyState the (other) steps taken so farWhat led to the adoption of this measure?A study? A strategy? An incident? Other?Which institution(s) are responsible for implementation? Cite example(s) of successful implementation Has the effectiveness of this measure been assessed?If yes, by whom? When and what were the main findings?If not, cite if you need any assistance to do so.What are the main challenges of implementation?what steps need to be taken to ensure full compliance?What technical assistance is needed, if applicable? ACA Training - Belgrade,- March 2011

Phases3. Analysis and drafting of the reports Report generated using the Checklist software. Contains the country’s detailed responses to each substantive article of the Convention. It may be useful to also produce a shorter summary, should be produced by the Team of Technical Experts, based on their analysis of the findings of the UNCAC Self-Assessment Report > it should be submitted to the Steering Committee for review and comments.4. Validation workshop and finalization of the reports finalization of the UNCAC Self-Assessment Report and Summary Report / opportunity to discuss with stakeholders the priorities for a national anti-corruption strategy or an UNCAC Implementation Action Plan. Report and Summary Report updated on the bases of the feedback and comments made during the Validation Workshop ACA Training - Belgrade,- March 2011

Phases5. Publication and dissemination of the reportsThe products of the UNCAC Self-Assessment process should be discussed and disseminated to all relevant stakeholders.6. Follow-upThe Steering Committee can play an ongoing role in the progress of the government’s anti-corruption reform agenda (The next step may be the development / update of the anti-corruption strategy and implementation action plan). ACA Training - Belgrade,- March 2011

ACA Training - Belgrade,- March 2011

Thank you!website:http://europeandcis.undp.org/anticorruption Francesco Checchi, UNDP Bratislava Regional Centre Francesco.checchi@undp.org ACA Training - Belgrade,- March 2011

UN Convention against Corruption - Implementation Review Mechanism

by UNDP in Europe and CIS on May 04, 2012

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UN Convention against Corruption - Implementation Review Mechanism Presentation Transcript

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