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These instruments are supported by significant and detailed technical information, such as the UNCAC legislative and technical guides, OECD monitoring reports, Council of Europe Group of States against Corruption (GRECO) monitoring reports. Information relating to Parties’ implementation and enforcement of these anti-corruption obligations can also be found in country evaluation reports.
International anti-corruption conventions and respective implementation guides and reports OECD Anti-Bribery Convention UN Convention against Corruption AU Anti-Corruption Convention CoE Criminal Law Convention on Corruption EU Convention against Corruption Involving Officials Inter-American Convention against Corruption UN Convention against Transnational Organized Crime Legislative Guide for the Implementation of the United Nations Convention against Corruption Technical Guide to the UN Convention against Corruption OECD Anti-Bribery Convention country monitoring reports GRECO evaluation reports
Review mechanisms Monitoring the implementation of international anti-corruption instruments has proved instrumental in stimulating government actions with reporting schedules, exercising peer and public pressure on governments to fulfil their anti-corruption commitments and in enabling non-state actors to provide their assessment of government performances in the fight against corruption. A range of different monitoring processes are currently in operation in connection with several anticorruption instruments (see Annex 1). They all involve to some degree a combination of monitoring methods including self-assessments, expert reviews, peer reviews, country visits and the publication of a report with recommendations for improvement. They also provide avenues for promoting dialogue and discussions with countries under review. In addition, most effective monitoring systems, such as those carried out by the OECD Working Group on Bribery and the Council of Europe’s Group of States against Corruption (GRECO), have established a follow-up mechanism to review implementation of country recommendations. A summary of these mechanisms is provided in Annex 1.
As experience shows, well-designed monitoring mechanisms can have a critical impact in promoting anti-corruption reforms and effective implementation of international conventions. To further ensure implementation, monitoring is sometimes combined with provision of advisory services and other forms of technical assistance to support governments in their efforts against corruption (see Annex 2).
Annex 1: Review mechanisms OECD The OECD anti-bribery instruments The OECD has put an elaborate monitoring process in place for its Convention that includes elements of self-assessment and mutual reviews through peer evaluations. It is considered one of the most vigorous review processes;
Transparency International refers to the Convention’s peer-review evaluation process as the ‘gold standard’ of monitoring. Since 1999, the OECD Working Group on Bribery, which is composed of representatives of the 38 signatory states, has been monitoring implementation of the anti-bribery instruments, pointing out deficiencies and making recommendations to each country on the required legislation and policy measures.
During Phase 1, which ran from 1999 to 2005, the Working Group examined the consistency of national legislation of State Parties with the Convention and the 1997 recommendation. The Phase 2 process which, ran from 2002 to 2010, looked at whether parties had the necessary structures and resources to prevent and prosecute foreign bribery. The Phase 3 process, which began in 2010, focuses on enforcement of the Convention, the 2009 Anti-Bribery Recommendation, and outstanding recommendations from Phase 2. The Phase 3 process is expected to be completed by 2014.
Country evaluation reports are systematically published by the OECD and available at: www.oecd.org/daf/nocorruption/convention.
REGIONAL ORGANISATIONSThe African Union Convention on Preventing and Combating Corruption The African Union (AU) Convention provides for a follow-up mechanism whereby an Advisory board composed of 11 members is required to submit a report to the Executive Council on a regular basis on progress made by each state party.
Signatory countries are required to report to the Board on their progress in
implementing the AU Convention and State parties are required to provide for the participation of civil society in the monitoring process.
The African Peer Review Mechanism (APRM), a mutually agreed instrument voluntarily acceded to by the Member States of the AU as an African selfmonitoring mechanism also assesses the progresses made by participating countries towards “the United Nations and African Union anti-corruption codes and standards” including to some extent the AU Convention.
The Council of Europe Anti-Corruption Instruments The Council of Europe’s GRECO, the Group of States against corruption, has been established to monitor, through a process of mutual evaluation and peer pressure, the observance of a range of legal instruments against corruption, including the Council of Europe Criminal Law and Civil Law Conventions.
Compliance is reviewed through a process of mutual evaluation, peer pressure and formulation of recommendations. The monitoring process involves country self-assessments, on-site visits by review teams, plenary discussions and a published report with recommendations. Full membership of the GRECO is reserved to those who participate fully in the mutual evaluation process and accept to be evaluated.
The GRECO undertakes evaluation rounds dealing with specific provisions of the Twenty Guiding Principles (and associated provisions of the Criminal Law Convention). During the second evaluation round, which ran from 2003-2006, the Group of States against corruption examined the consistency of national legislation and practice of State Parties to the Criminal law Convention with regards to Article 13 – Money laundering of proceeds from corruption offences;
Article 14 – Account offences; Article 18 – Corporate liability; Article 19 – Sanctions and measures; and Article 23 – Measures to facilitate the gathering of evidence and the confiscation of proceeds.
The third round of evaluation, which began in 2007, covers implementation of the Criminal Law Convention’s provisions on criminalisation of corruption, including bribery of domestic public officials, bribery of foreign public officials (Article 5 of the Convention), bribery of members of foreign public assemblies (Article 6), and bribery of officials of international organisations, of members of international parliamentary assemblies and of judges and officials of international courts
(Articles 9, 10 and 11). The fourth round of evaluation, which is expected to begin in the last quarter of 2011, will primarily address preventive measures.
Evaluation reports are systematically published by the Council of Europe.
The EU Convention on the fight against corruption involving officials of the European Communities or officials of the EU Member States There is no follow-up or evaluation mechanism comparable to those carried out by the GRECO or the OECD Working Group on Bribery under the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union. The Commission has never favoured setting up a separate evaluation and monitoring mechanism for the EU, in order to avoid duplication of efforts, in particular with the GRECO. Yet, the Stockholm programme "An open and secure Europe serving and protecting the citizens" (2009) and the subsequent Action Plan (COM(2010)171 final) tasked the European Commission to present in 2011 a "Communication on a comprehensive policy against corruption in Member States, including the establishment of an evaluation mechanism as well as presenting modalities of co-operation with the Council of Europe’s GRECO for that purpose". If set up, the new evaluation mechanism would serve the purpose of evaluating Member States anti-corruption efforts and from there on of identifying appropriate policy action/measures at EU level which ultimately should lead to a measurable reduction of corruption in the European Union (http://conventions.coe.int/treaty/en/treaties/html/173.htm).
The Inter-American Convention against Corruption The review mechanism of the Organisation of American States (OAS) Convention is based on a peer review monitoring mechanism coordinated by the general Secretariat of the OAS. The mechanism is composed of two bodies - the Conference of State Parties and a committee of experts which is responsible for the technical analysis of information provided by the state under review.
Countries prepare a self-assessment based on a questionnaire and indicators. Civil society also submits written responses to the same questionnaire. Expert review sub-groups conduct a review with the state’s response, involving meeting with government and civil society.
The review of countries’ compliance with the Convention’s requirements takes place in the framework of rounds. The second round, now completed, covered implementation of the Convention’s provision on domestic bribery offences (art. VI). The third round, which is ongoing, covers inter alia the Convention’s provisions on transnational bribery (art. VIII) and on extradition (article XIII).
Evaluation reports are published by the OAS.
UNITED NATIONSThe UN Convention against Corruption Through the UNCAC Implementation Review Mechanism, countries are reviewed as to the implementation of the United Nations Convention against Corruption through a peer review process, which produces country review reports and executive summaries on the implementation in legislation and practice of the requirements of the Convention in the above-mentioned policy areas. Chapters III (Criminalization and law enforcement and IV (International Cooperation) of the Convention are being reviewed in the first cycle of the Review Mechanism, which began in 2010 (www.unodc.org/ unodc/en/treaties/CAC/IRG.html).
The UN Convention against Transnational Organized Crime There is no fully fledged review mechanism established under the UN Convention against Transnational Organized Crime (UNTOC). The review is based on replies to a questionnaire collected by the Secretariat which form the basis of an overview report produced by the Secretariat.
Annex 2: Implementation Tools
REGIONAL ORGANISATIONSThe Council of Europe’s Criminal Law Convention on Corruption The Council of Europe’s review mechanism benefits from targeted technical assistance that support implementation. Capacity-building projects in the anticorruption field that support the translation of the results of GRECO monitoring into practical achievements are managed by the Directorate of Co-operation of the Council of Europe.
The Inter-American Convention against Corruption There is no fully fledged technical assistance programme established under IACAC.
Government efforts to implement the IACAC and other anti-corruption conventions benefit from the support of international organisations and development banks such as the UNDP, the UNODC, the Inter-American Development Bank and the World Bank through their country and regional assistance strategies.
The OECD Anti-Bribery Convention Advisory and guidance activities The OECD Anti-Bribery Convention provides a comprehensive framework for concerted action by State Parties to prevent and prosecute bribery of foreign public officials in international business transactions and to cooperate internationally towards that goal. As such, the Convention, and its monitoring mechanism, guides State Parties and accession candidates in the design of laws and policies for effective implementation of the Convention and related instruments. The Working Group on Bribery and the OECD Secretariat have played
a central role in this endeavour as adviser and pathfinder: