Presentation on UNCAC process

1. UNITED NATIONS
CONVENTION AGAINST
CORRUPTION (UNCAC ) AND
ITS REVIEW MECHANISISIM
PRESENTED BY : HAREGOT –ABREHA
DIRECTOR OF ETHICS INFRASTRUCTURE COORDINATING
DIRECTORATE , FEDERAL ETHICS AND ANTI
CORRUPTION COMMISSION OF ETHIOPIA
FEACC MANAGEMENT HALL
JANUARY /2020

2. 1. Corruption
2. Negotiation Process toward UNCAC
3. Signatory states of UNCAC
4. Main Parts Of UNCAC
5. Over view of chapters of UNCAC
6. Subsidiary bodies of UNCAC
7. Review cycle of The mechanism
8. Guiding principles during Review
9. Components of Reviewing Format/ blue print /
10.Role Of UNODC in the Review mechanism
11.Discussion Points

3.  Corruption is a complex social, political and
economic phenomenon that affects all countries.
 Corruption undermines democratic institutions,
slows economic development and contributes to
governmental instability.
 Corruption attacks the foundation of democratic
institutions by distorting electoral processes,
perverting the rule of law and creating
bureaucratic quagmires whose only reason for
existing is the soliciting of bribes.
 Economic development is stunted because foreign
direct investment is discouraged and small
businesses within the country often find it
impossible to overcome the "start-up costs"
required because of corruption

4. 2. NEGOTIATION PROCESS TOWARD
UNCAC
Adoption of United Nations Convention against Transnational
Organized Crime -Creation of the Ad Hoc Committee for the
Negotiations of a new Convention against corruption
(A/RES/55/61)
7 sessions of the Ad Hoc Committee held in Vienna with over
120 States participants
Adoption of the United Nations Convention against Corruption
(A/RES/58/4)
High-level Political Signing Conference in Merida, Mexico
2000
2002
2003
2001 Terms of Reference – Intergovernmental Open-ended Expert
Group Meeting

5. Parties: 186
Status as of: 26 June 2018
A

6.  The Convention covers five main areas:
 preventive measures,
 criminalization and law enforcement,
 international cooperation,
 asset recovery, and
 technical assistance and information
exchange.
 The Convention covers many different forms
of corruption, such as bribery, trading in
influence, abuse of functions, and various
acts of corruption in the private sector.

7. A/ Preventive
measures
An entire chapter of the
Convention is dedicated to
prevention, with measures
directed at both the public
and private sectors.
B/ Criminalization and law
enforcement measures
The Convention requires countries to
establish criminal and other offences
to cover a wide range of acts of
corruption, if these are not already
crimes under domestic law.
C/ International
cooperation
Countries are bound by the
Convention to render specific
forms of mutual legal
assistance in gathering and
transferring evidence for use
in court, to extradite
offenders.
D/ Asset recovery
A highlight of the Convention is the
inclusion of a specific chapter on asset
recovery, aimed at returning assets to
their rightful owners, including
countries from which they had been
taken illicitly.

8. 88
The United Nations Convention against Corruption
Preventive
measures
International
cooperationAsset recovery
Criminalization
and law
enforcement

9.  Chapter 1 – General Provisions ( 1-4 )
 Chapter 2 – Preventative measures ( art 5-14 )
 Chapter 3 – Criminalization/law enforcement
(Art.15-42)
 Chapter 4 –International cooperation (art 43-50 )
 Chapter 5 – Asset Recovery ( art 51 -59 )
 Chapter6–Technical assistance and info exchange
( art 60-62 )
 Chapter 7 – Mechanisms for implementation ( art
63-64 )
 Chapter 8 – Final provisions ( art 65- 71 )

10.  The Conference has created subsidiary bodies, operating
under its mandate, to assist in carrying out its work.
 They are meant to advise the Conference and make
recommendations to help deliver its mandate (in
accordance with article 63, paragraph 7 of the
Convention).

11.  The is the main policy-making body of the United
Nations Convention against Corruption.
 It supports States parties and signatories in their
implementation of the Convention, and gives policy
guidance to UNODC to develop and implement anti-
corruption activities.
The Conference was established, as per article 63 of
the Convention:
• To improve the capacity of States to implement the Convention
 To enhance cooperation among States in achieving the
objectives of the Convention ;
 To promote and review the implementation of the
Convention.
 The Conference meets every two years and adopts
resolutions and decisions in furtherance of its mandate.

12.  This Working Group is called " Working Group on
Prevention" is a subsidiary body of the Conference of
the States Parties.
 It is responsible for advising and assisting the
Conference in regard to preventive measures under
chapter II of the Convention against Corruption.
 The Working Group on Prevention has held one
meeting per year during which its participants
exchange information and experiences, present
actions taken by States parties , discuss specific
substantive topics as well as the implementation of
resolutions dealing with the prevention of
corruption, and take recommendations to be
presented to the Conference.

13.  This "Working Group on Asset Recovery" is a subsidiary
body of the Conference of the States Parties to the
United Nations Convention against Corruption.
 IT is responsible for assisting and advising the
Conference of the States Parties in the implementation
of its mandate with the return of proceeds of
corruption.
 This function is pursuant to Chapter V of the
Convention, which enshrines the recovery and return of
stolen as a fundamental principle of the Convention.
 the Working Group on Asset Recovery holds one
intercessional meeting per year, during which time
participants are able to exchange information and
develop recommendations to be presented to the
Conference.

14.  In its resolution 4/2, the Conference of the States
Parties to the United Nations Convention against
Corruption decided to convene open-ended
intergovernmental expert meetings to enhance
international cooperation.
 The functions of the meetings are to assist it in
developing cumulative knowledge in the area of
international cooperation and encourage such
cooperation, facilitate the exchange of experiences
among States parties and assist the Conference in
identifying the capacity-building needs of States.
The meetings are convened once year

15.  The Implementation Review Mechanism (IRM) is a
peer review process that assists States parties to
effectively implement the Convention .
 The Mechanism promotes the purposes of the
Convention, provides the Conference of the States
Parties with information on measures taken by States
parties in implementing the Convention and the
difficulties encountered by them in doing so, and helps
States parties to identify and substantiate specific
needs for technical assistance and to promote and
facilitate the provision of such assistance.

16.  The functioning and the performance of the IRM
is guided and overseen by the Implementation
Review Group ,an open-ended intergovernmental
group of States parties which is a subsidiary body
of the CoSP and was created together with the
IRM in Resolution 3/1.
 In accordance with the terms of reference, each
State party is reviewed by two peers - one from
the same regional group - which are selected by
a drawing of lots at the beginning of each year
of the review cycle.

17.  In addition, the Mechanism promotes and facilitates
international cooperation, provides the Conference
with information on successes, good practices and
challenges of States parties in implementing and
using the Convention.
 It promotes and facilitates the exchange of
information, practices and experiences gained in the
implementation of the Convention

18.  Each State party is to nominate up to 15
governmental experts for the purpose of the
review process. These experts then carry
out the reviews on behalf of their countries
 Each State party is to nominate up to 15
governmental experts for the purpose of the
review process. These experts then carry
out the reviews on behalf of their countries.

19.  The Conference of the States parties decided that a
comprehensive self-assessment checklist should be
used as a tool to facilitate the provision of
information on the implementation of the Convention
(resolution 3/1).
 Rather than using paper-based questionnaires,
UNODC has developed a user-friendly computer-
based application to allow States to provide
information on the implementation of the
Convention, the Omnibus Survey Software .

20.  The Review mechanism has two level of Cycle
 1st Review cycle
 2nd Review cycle
 Each cycle has 5 years of Reviewing time .
 The first cycle of the Review Mechanism
started in 2010 and covers the chapters of the
Convention on Criminalization and Law
Enforcement and International cooperation .

21.  The second cycle, which was launched in
November 2015, covers the chapters on
Preventive measures and Asset recovery.
 In each review cycle, each State party must
undergo review once, and must perform
between one and three reviews of other
States.

22.  The timing of when each State is undergoing
review, or acting as reviewing State, is
determined by drawing of lots.
 The schedule of country reviews and the list
of reviewing and reviewed countries for a
given year are laid out in the country pairing
tables for each review cycle.

23. Cycle 1 Cycle 2

24.  Transparent, efficient, non-intrusive,
inclusive and impartial;
 Non-adversarial and non-punitive, without
any form of ranking ;
 Opportunities to share good practices and
challenges;
 Technical, promoting constructive
collaboration; and
 Complements existing international and
regional review mechanisms ,

25. I. Introduction ( describes about COSP and
Reviewing process of the Convention 63 )
II. Process ( describes about the process of
how the reviewing is conducted , by whom
and from information was collected .
III. Executive summary Observations on the
implementation of the articles under
review, Successes and good practices ,
Challenges in implementation [where
applicable, Technical assistance needs
identified to improve implementation of the
Convention

26. IV.Implementation of the Convention (Ratification
of the Convention , Legal system of State under
review )
C Implementation of selected articles
II. Preventive measures
 Article 5. Preventive anti-corruption policies and
practices
Paragraph 1 of article 5
1.Each State Party shall, in accordance with the
fundamental principles of its legal system, develop
and implement or maintain effective, coordinated
anti-corruption policies that promote the
participation of society and reflect the principles of
the rule of law, proper management of public affairs
and public property, integrity, transparency and
accountability.

27. (a)Summary of information relevant to reviewing
the implementation of the article
 Is your country in compliance with this
provision?
 Please describe (cite and summarize) the
measures/steps your country has taken, if
any, (or is planning to take, together with
the related appropriate time frame) to
ensure full compliance with this provision
of the Convention.
 Please provide examples of the
implementation of those measures,
including related court or other cases,
available statistics etc.

28.  (b) Observations on the implementation of the
article
 [Observations of the governmental experts with
regard to the implementation of the article.
Depending on the scope of the review cycle,
findings with respect to the way in which
national law has been brought into line with the
article, as well as to the implementation of the
article in practice.]
 [Observations on the status of implementation of
the article, including successes, good practices
and challenges in implementation.]
 (c) Successes and good practices
 [Identification of successes and good practices in
implementing the article, where applicable.]

29.  UNODC is the secretariat of the Review
Mechanism.
 To support States parties' efforts to fully
implement the United Nations Convention
against Corruption,
 UNODC delivers technical assistance in
various corruption-related thematic
areas, such as prevention, education,
asset recovery, integrity in the criminal
justice system, etc.

30. Agenda 1
 Any Suggestion / question on The presentation
Agenda 2
 Discussion on The Progress and Finalizing of
Collecting Information
Agenda 3
 Deciding Next Meeting ( feeding Information to the
blue print Format and Producing of Firs draft report)
 Place of Meeting – Adama
 Duration of Time –( 1up to 2 week )
 Name of Hotel – will be selected soon
 date of The meeting – will be decided
FEACC heads and Focal Pointes