civil society and its role in the UN Convention
The United Nations Convention against Corruption (UNCAC) marks a milestone for global efforts to counter corruption by establishing globally agreed standards and commitments, including breakthrough provisions on the repatriation of stolen funds. By April 2005, 119 countries had signed and 22 countries had ratified the UNCAC, including El Salvador, Peru and Mexico.
Transparency International (TI) was the only non-governmental organisation that actively contributed to the drafting process of the UNCAC during the two years of negotiations. TI representatives were present as observers at all negotiation sessions and regularly submitted proposals to the drafting committee. The Convention itself foresees such active participation of civil society in governmental anti-corruption efforts.
Some of the activities that TI and other civil society organisations are, and have been, actively working on in relation to the UNCAC are: promoting its ratification, promoting its translation into law and practice, and promotion of an intergovernmental monitoring process. Civil society organisations can take action in these areas in a variety of ways that target the public, the media, the executive branch and/or the legislative branch. They may develop explanatory materials, analyse reforms needed, work with other civil society organisations on campaigns and/ or help draft legislation and proposals for changes in government practice.
- Ratification
- Implementation into law and practice
- Intergovernmental monitoring of the UNCAC
- UN Anti-Corruption Day
1
. Ratification
The first step for governments after signing the convention is ratification of the UNCAC, which requires making a binding commitment to follow the Convention's requirements. TI has called upon governments to accelerate the process of ratification since it is important to maintain momentum following signature of the Convention. Moreover it is important that when the convention enters into force there are ratifications from a large number of countries in all regions of the world.
Civil society organisations in the Americas can play an important role in promoting ratification of UNCAC. Their efforts may include explaining the UNCAC, its benefits and its relationship with other anti-corruption conventions. Civil society awareness-raising and pressure is important to ensure speedy ratification of the UNCAC by all its signatories, including the Americas. In the Americas, TI is working on producing explanatory materials and on mobilisation of civil society organisations into national campaigns for ratification.
2. Implementation
Ratification is necessary, but the most important step to be taken by governments is translation of UNCAC requirements into law and practice. Part of this process requires, of course, interpretation of convention standards.
Civil society organisations can make a difference by analysing convention provisions and existing national legal systems to determine any changes needed and then promoting such changes. Civil society organisations can also play a role in monitoring government performance over time with respect to implementation. In the Americas, TI is planning a project in a number of countries to carry out the analysis needed at country level and make recommendations for implementation.
3.
Intergovernmental monitoring of the UN Convention
Experience shows that in order for conventions to be effective, an intergovernmental monitoring process is needed. Therefore during negotiation of the UNCAC TI argued strongly for inclusion of appropriate provisions on monitoring in the Convention. As there was no consensus on this matter, the ad hoc committee negotiating the Convention decided to defer the discussion to the Conference of States Parties which will be convened within one year after the Convention enters into force, sometime in 2006.
Since December 2004, Transparency International, in conjunction with a group of experts, has been designing a study to influence this process. The study compares the characteristics of the follow-up mechanisms to the different anti-corruption conventions in order to propose the most suitable follow-up mechanism to the UN Convention.
In October 2003, the UN General Assembly established December 9th as International Anti-Corruption Day. This is the anniversary of the date on which the UNCAC was opened for signing in the city of Merida, Mexico in 2003. It is a day to recognize the importance of the fight against corruption and the accomplishments which have been achieved as well as the obstacles still to overcome. It reflects the importance of anti-corruption as a theme on the international agenda and provides an ideal opportunity for promoting UNCAC ratification and implementation.
In order to commemorate the first International Anti-Corruption Day on 9 December 2004, Transparency International chose the following slogan:
" Fight Corruption. It's Your World."
Part of TI's campaign was to air a television spot in various languages in which corruption is symbolized as a plague. In addition, TI's National Chapters seized the opportunity provided by the inaugural Anti-Corruption Day to ask their governments to ratify the text of the Convention.
The actions which were carried out in the Americas to commemorate the inaugural Anti-Corruption Day were:
- Argentina: Poder Ciudadano organized a conference on "transparency in public administration" in the province of Santiago.
- Ecuador: La Corporación Latinoamericana para el Desarrollo (CLD) held a press conference with the local UN official to call for the ratification of the Convention. Other civil society organisations collaborated in this campaign.
- Guatemala: In cooperation with the Minister of Education, Acción Ciudadana, decided to have a mural with anti-corruption themes painted by youth.
- Venezuela: Transparencia Venezuela launched a report about corruption at the municipal level.
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