The Implementation of United Nations Convention Against Corruption

The Implementation of United Nations Convention Against Corruption (UNCAC) “Going Beyond the Minimum” approach 17 July 2012, Ouagadougou, Burkina Faso, 17 July 2012 Presentation By Anga Timilsina, Programme Manager, UNDP’s Global Thematic Programme on Anti-Corruption for Development Effectiveness

Guidance Note • Developed by UNDP Regional Centre in Bangkok • Endorsed at global level by UNDP and UNODC Key Issues ØPolitical Will Ø Stakeholder involvement Ø National ownership Ø Keep the public informed ØFollow-up

UNCAC Review: Two Staged Process Prevention Asset Recovery Criminalization International Cooperation

Review Mechanism – Phases Process in phases: Ø 2 cycles of 5 years each Ø ¼ of States Parties reviewed each year 1 st cycle (2010‐ 2015) Chapter III –Criminalization and law enforcement Chapter IV – International cooperation 2 nd cycle (2015‐ 2020) Chapter II –Preventive measures Chapter V – Asset recovery

Review Mechanism – Terms of Reference ØCountry pairings determined by drawing of lots Steps ØSelection of the experts ØBased on self‐assessment using OMNIBUS software ØDesk review of self‐assessment by the reviewing state parties Constructive dialogue between State under review and reviewing States Ø States nominate governmental experts (up to 15) & a focal point for coordination ØMay be other steps (country visit or meeting in Vienna) Guiding Principles ØTransparent, efficient, non‐intrusive, inclusive and impartial Results Ø“Country review report” (agreed & confidential) ØExecutive summary (translated & publicly available) ØThematic implementation report (analytical) WHO? ØIntergovernmental peer review: ‐ 1 State under review ‐ 2 reviewing States (1 from same region) ØConstructive: no ranking; emphasis on assistance & exchange of knowledge

Introducing Going Beyond the Minimum Methodology The Minimum Compliance (state obligation) -Designate Focal Point -UNCAC Self-Assessment Checklist - Review by two parties Two chapters of UNCAC Beyond the Minimum Request from the member states (Capacity Assessments; institutional and policy reforms) Use of checklist, stakeholder involvement (Gov Depts, Parliament, CSOs, etc) Comprehensive (all chapters of UNCAC) Confidential report and public Encourage States for public summary of review process report and involving media

Why Going Beyond the Minimum? Opportunity to secure political will, strengthen coordination, engage donors on TA 1. Negotiations regarding the UNCAC review process are the lowest common denominator (a lot more can be done in a country where there is political will) (e. g. , Ukraine) 2. UNCAC is not an end in itself (a framework for good governance) 3. UNCAC opens a space for anti-corruption governance reform if the review process is embedded in a broad national assessment and policy dialogue about the reform (e. g. , Indonesia)

Why Going Beyond the Minimum? (contd. ) 4. If information is generate through a consultative national dialogue, member states can bring together various technical assistance provider to discuss the TA needs (the information is not meant for UNODC, but for TA assistance for member states) 5. To the extent that different AC institutions come together for UNCAC review, the process can initiate inter-institutional dialogue and cooperation for broader AC activities (e. g. , Turkey) 6. Opportunity to engage with CSOs, media and private sector

Methodology • Takes lessons learned from gap analysis (conducted Bangladesh, Indonesia, and Kenya) • Emphasizes on participatory process & encourages national & inter-institutional dialogue • Encourages States parties to engage all national stakeholders in the process from the start • Stimulates broader national involvement in anti-corruption • National ownership & source of information for national strategy • Not prescriptive, suggestive • Provides policymakers with info & analysis

Methodology (contd. ) Ø Three preliminary steps: Ø 1) 2) 3) 4) 5) 6) 1) Designation of a Lead Agency 2) Establishment of a Steering Committee 3) Identification of a Team of Technical Experts Six phases: Initial stakeholder workshop to launch and plan the process Data collection: document gathering and consultations Analysis and drafting of the report Validation workshop and finalization of the reports Publication and dissemination of the reports Follow-up

Timeline Preparat ion • Designatio n of Lead Agency Month 1 • Establishm ent of Steering Committee • Preparatio n for Stakeholde r workshop Month 2 Month 3 • Stakeholde r Workshop • Document gathering and translation • Compile initial results Month 4 • Stakeholde r consultatio ns/on-site visit • Draft Self. Assessmen t reports Month 5 • Draft Self. Assessmen t reports • Preparatio n for Validation workshop Month 6 • Validation workshop/Re port finalization • Report publication and disseminatio n Follow -up • Developm ent of national strategy and action plan • Implement ation of reforms

Thank You!