Anti-corruption conventions and instruments explained
International anti-corruption conventions and instruments are increasingly important in a world in which states and private actors are more and more interconnected through travel, communications, trade, investment and financial transactions.
The range of anti-corruption conventions and instruments in existence today are the manifestations of an international consensus that emerged in the early 1990s identifying corruption as an important problem needing to be addressed and in particular requiring internationally agreed solutions. This section explains why they are important and what they consist of.
- What are anti-corruption conventions and instruments?
- When and why did anti-corruption conventions and instruments come into being?
- How do anti-corruption conventions and instruments help?
- What activities or behaviour are addressed by anti-corruption conventions?
- What kinds of measures are provided for under anti-corruption conventions and instruments?
- Monitoring: Who's checking on your country's performance?
What are anti-corruption conventions and instruments?
Anti-corruption conventions embody binding agreements between states on standards and requirements in the prevention, detection, investigation, and sanctioning of acts of corruption, including better cross-border cooperation in these areas. They are intended to produce better policies and practices in and among the states that make a binding commitment to apply them (States Parties). Some conventions have a very broad scope; others are narrower and may cover only a limited number of countries or anti-corruption measures. Other international anti-corruption instruments establish non-binding standards.
The adoption of conventions by assemblies of governments, such as the UN General Assembly or regional assemblies, establishes international consensus on the matters covered. This consensus is further strengthened when they are signed by a significant number of the governments in those assemblies. They become binding when a predetermined number of countries ratify them.
Conventions are implemented at national level, with the convention providing the operational framework and standards.
The major anti-corruption conventions and instruments of importance today are global, inter-regional, regional and sub-regional, covering all regions of the world. For a list, see the Overview page.
When and why did anti-corruption conventions come into being?
The end of the Cold War removed the national security rationale for tolerating and supporting corrupt regimes around the world. At the same time, the post-Cold War agenda of democratisation, accountability and transparency focused the attention of major international financial and development institutions and others on the corruption problem. Moreover, there was concern in the international community that the corruption problem was growing. Some researchers have claimed that new corruption opportunities had resulted from worldwide initiatives to privatise and deregulate. Other researchers have claimed that reductions in trade barriers in the 1980s and 90s produced not only increased market access but also increased competition among multinationals and - as a by-product - increased corruption in a number of important sectors.
Added to this, multinational companies based in the United States considered themselves disadvantaged in global markets due to the 1977 Foreign Corrupt Practices Act, which imposed criminal penalties for engaging in foreign bribery, and the US government became a leading sponsor of efforts to find a solution through an international regime to limit cross-border bribery.
How do anti-corruption conventions and instruments help?
Anti-corruption conventions and instruments are especially important in providing a framework for addressing cross-border issues. They also serve to establish valuable common standards for domestic institutions, policies, processes and practices, which are of assistance for anti-corruption efforts at national level. The standards and requirements for governments established by international agreements cannot easily be dismissed given their international backing.
The common frameworks provided by international anti-corruption conventions serve to:
- facilitate international cooperation in the control and sanctioning of corruption in order to address a cross-border phenomenon.
- provide internationally agreed reference points, useful for reforming governments, citizens and donors.
- create peer pressure on governments, especially when bolstered by an effective review process.
- provide civil society with a tool for holding their governments accountable.
- promote collective pressure on the private sector.
- provide for fora in which governments, and in some cases non-governmental actors, can meet to discuss corruption issues, align concepts and review anti-corruption efforts.
Many anti-corruption conventions contemplate the creation of intergovernmental follow-up mechanisms in order to assure that the States Parties comply with their commitments. These monitoring or review mechanisms are essential for the conventions to be effective. See section on Monitoring.
Click links below for answers to the following questions:
What activities or behaviour are addressed by anti-corruption conventions?
What kinds of measures are provided for under anti-corruption conventions and instruments?
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