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People around the world, in developing and
developed countries, have become increasingly frustrated at witnessing
and suffering from the injustice and deprivation that corruption brings.
Corruption is not only a regional concern or only an issue for developing
countries, but a global problem. Since Merida, United Nations Office on Drugs and Crime (UNODC) through the Global Programme against Corruption (GPAC), has given priority to the promotion of the expeditious ratification of the Convention. UNODC has developed a legislative guide for the ratification and implementation of the Convention and is organizing a series of pre-ratification seminars for policy makers and practitioners to sustain and reinforce the political will and commitment that made the negotiation of the Convention possible. At the same time, as part of its operational activities, UNODC has already assisted several countries in the development of anti-corruption strategies, supporting prevention measures and the establishment of anti-corruption bodies. The activities that UNODC has already undertaken and plans to undertake in the future intend to 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. Another critical area where UNODC has been active is the justice sector. With the judiciary constituting a relatively small group of individuals in many countries, promoting judicial integrity constitutes a clearly targeted action with a potentially high impact. In this context GPAC acts as the secretariat for the Judicial Integrity Group and plans meetings for the Chief Justices who comprise it. They come from common and civil law countries and UNODC has supported them in their endeavour to identify and apply best practices in strengthening judicial integrity and capacity. Given the importance of asset recovery, UNODC is also exploring the best ways to help Governments gear up their systems to use the innovative provisions of the Convention and be successful in recovering looted assets. Moreover, GPAC acts as the secretariat for the International Group for Anti-Corruption Coordination (IGAC), a body made up of representatives for multilateral organizations, international financial institutions, oversight bodies and NGOs dedicated to strengthening international anti-corruption coordination and collaboration in order to avoid undue duplication and to ensure effective and efficient use of existing resources, using systems already in place at the regional and national level. The IGAC provides a platform for exchange of views, information, experiences and "best practice" on anti-corruption activities for the purpose of enhancing the impact of these activities, including support for the UNCAC. On 14 December 2005, the UNCAC entered into force. This is a tidewater mark in the fight against corruption and offers a good reason to look at the future with optimism. It is itself an act of faith and commitment to international norms and standards against corruption. Only a decade ago, speaking of the possibility of such an instrument, and saying it would be negotiated and entered into force in such a short time would have brought ironic smiles to the faces of most people. Yet, it is a reality now and a remarkable achievement. As the first legally binding, international anti-corruption instrument, this Convention provides a unique opportunity for a global response to the vast problem of corruption. The Convention has four pillars that makes up a comprehensive set of standards, measures and rules for countries to prevent and control corruption. An entire chapter of the Convention is dedicated to prevention - it has measures directed at both the public and private sectors, and touches on the day-to-day interactions in public life. Another chapter on criminalisation requires countries to criminalize a wide range of acts of corruption, with a platform of minimum required offences that all countries must have in their criminal legislation. The third chapter on international cooperation includes a mix of traditional and more innovative practical ways for countries to cooperate and deny safe havens for the corrupt. And finally the chapter on asset recovery, the major breakthrough of the new Convention that includes measures that are the first of their kind and offer hope for more meaningful and conclusive cooperation to solve this pressing problem for many developing countries. To ensure the implementation of the Convention, a conference of State Parties will be established to oversee the implementation of the Convention in areas such as mobilization of technical assistance, training, prevention, criminalization of corrupt activities and information exchange among member states. The first meeting of the Conference of State Parties for the UNCAC will be held in late 2006. The best way to achieve implementation is to ensure the widest possible participation and an optimal balance between developed and developing countries in the Conference of the States Parties, the robust implementation mechanism of the Convention, and to make sure that it functions effectively. To secure the necessary ratifications, we should exercise all the influence we possess to bring and maintain ratification to the top of the domestic political agenda in as many countries as possible, in all regions of the world. Our mandate as GPAC is to support Member States in the implementation of the UNCAC, with a strategic focus on preventive measures, providing the institutional and regulatory framework to reduce the likelihood of corrupt practices. For the past five years the GPAC has contributed to the anti-corruption effort by developing assessment models and methodologies, and focusing on technical assistance to anti-corruption agencies and integrity in the justice sector. The UNCAC entered into force and requires states-parties to not only create and modify legislation, but to construct an effective anti-corruption regime. Countries will need guidance on writing legislation, assessing their vulnerabilities and creating or integrating technical systems to combat corruption. They need technical help to build anti-corruption agencies, asset declaration systems, efficient codes of conduct and private sector integrity regimes. Further, States Parties will need to develop linkages to each other through mutual legal assistance and design approaches to return assets that have been plundered in one country and sent to another.
Ms. Mirjana Bekteshiv
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and more countries realise that bribery and cronyism hold back development
and are asking the United Nations to help them gain tools to curb such
practices. The response was the United Nations Convention Against Corruption
(UNCAC) signed in Merida, Mexico in December 2003.