Review of UNCAC implementation “Going Beyond the Minimum” approach Bratislava, 28-29 March 2011.

Review of UNCAC implementation

“Going Beyond the Minimum” approach

Bratislava, 28-29 March 2011

Prevention

InternationalCooperation

AssetRecovery

Criminalization


UNCAC

Review mechanism – Terms of reference


WHO? Intergovernmental peer review:‐ 1 State under review ‐ 2 reviewing States (1 from same region)

Country pairings determined by drawing of lots

States nominate governmental experts (up to 15) & a focal point for coordination

Guiding Principles Transparent, efficient, non‐intrusive,

inclusive and impartial

Constructive: no ranking; emphasis on assistance & exchange of knowledge

Steps Selection of the experts Based on self‐assessment using

OMNIBUS software Desk review of self‐assessment by the

reviewing state parties Constructive dialogue between State under review and reviewing States

May be other steps (country visit or meeting in Vienna)

Results “Country review report” (agreed &

confidential) Executive summary (translated & publicly

available) Thematic implementation report (analytical)

Review mechanism – Phases

Process in phases:2 cycles of 5 years each ¼ of States Parties reviewed each year


1st cycle (2010‐2015)Chapter III –Criminalization and law enforcement Chapter IV – International cooperation

2nd cycle (2015‐2020)Chapter II –Preventive measuresChapter V – Asset recovery

ECIS countries - review scheduleYear 1 (2o1o-2o11)

Year 2 (2011-2012)

Year 3 (2012-2013)

Year 4 (2013-2014)

BulgariaCroatiaLithuaniaUkraine

AzerbaijanEstoniaGeorgia*KazakhstanMontenegroRussiaSerbiaSlovakia

ArmeniaCyprusHungaryLatviaFYR MacedoniaRomaniaSlovenia

AlbaniaBelarusBiHKyrgyzstanMoldovaPolandTajikistanTurkmenistanUzbekistan


2nd session of the Implementation Review Group: 30 May – 3 June 2011

*deferred from previous year

Introducing GBMThe Minimum Beyond the MinimumDesignate Focal PointUNCAC Self-Assessment Checklist

Stakeholder involvement (Gov Depts, Parliament, CSOs, etc)

Two chapters Comprehensive

Compliance Capacity Assessments

Confidential report and public summary of review process

Public report and media


Guidance Note

•Developed by UNDP Regional Centre in Bangkok

•Endorsed at global level by UNDP and UNODC

Key IssuesPolitical Will Stakeholder

involvement National ownership Keep the public

informedFollow-up


Methodology Three preliminary steps:

1) Designation of a Lead Agency2) Establishment of a Steering Committee3) Identification of a Team of Technical Experts

Six phases:1) Initial stakeholder workshop to launch and plan the

process2) Data collection: document gathering and consultations3) Analysis and drafting of the report4) Validation workshop and finalization of the reports5) Publication and dissemination of the reports6) Follow-up


Timeline

Preparation

• Designation of Lead Agency

Month 1

• Establishment of Steering Committee

• Preparation for Stakeholder workshop

Month 2

• Stakeholder Workshop

• Document gathering and translation

Month 3

• Document gathering and translation

• Compile intitial results

Month 4

• Stakeholder consultations/on-site visit

• Draft Self-Assessment reports

Month 5

• Draft Self-Assessment reports

• Preparation for Validation workshop

Month 6

• Validation workshop/Report finalization

• Report publication and dissemination

Follow-up

• Development of national strategy and action plan

• Implementation of reforms


But… Why bother?

Justification has several layers:from general development perspectivefrom UNDP programming perspectiveadvocacy with national partners (CO to take

lead): high political leadership focal institution (ACA)

Almaty 9-11 March 2011

Development perspective

• UNCAC is not end in itself • even less is the review process

• Negotiations: lowest common denominator• UNCAC opened space for AC, but review

mechanism applied at minimum standards may reduce it

• “The State party under review shall endeavour to prepare their responses to the comprehensive self assessment checklist through broad consultations at the national level with all relevant stakeholders, the private sector, individuals and groups outside the public sector.” (TOR of review mechanism, para.28)


Development perspective (cont’d)• Stimulates national involvement in anti-corruption• Encourages inter-institutional dialogue and

cooperation• Helps consensus building• Provides policy makers with detailed information and

analysis• Provides a benchmark to measure progress over time• Provides clear overview of technical assistance needs• Fulfills international obligation to report• Facilitates sharing of knowledge and expertise with

other countries.


Why is GBM important for UNDP?• Creates multiple entry points for:

• engagement with stakeholders• follow-up programming

• As a promoter / facilitator of GBM, UNDP reaffirms and strengthens its distinctive niche with UNCAC

• GBM includes Prevention (UNCAC Chapter II), which is not part of cycle 1 of formal review mechanism; corruption prevention is UNDP’s area of strength, links with its broader Governance work

• The minimum standard review limits access of UNDP & other development partners• political process (CoSP, IRG) mostly through diplomatic

interaction, development actors marginalized• tendency of Secretariat to use review mechanism for

controlling / centralizing AC work (TA, corruption assessments…)


Advocating GBM with political leaders• By adopting GBM, country signals political

will and openess• branding, PR, set example• EU has high(er) expectations

• Opportunity to mobilize the administration on AC agenda

• Opportunity to engage with CSOs, build trust• …and avoid / reduce criticism, shadow reports

• Get comprehensive picture status of AC efforts, gaps, TA needs…

• Get more support for AC initiativesBratislava, 28-29 March 2011

Advocating GBM with Lead Agency (ACA)• Opportunity to take leading

role with other stakeholders• gain visibility, recognition

(some ACAs are new institutions and have problems with positioning vs others)

• expand partnerships• Offer support (TA/experts,

process facilitation)• Best argument: have to do it /

‘Govt wants you to do it’

Some early lessons:• sequencing • timing


Thank you!


Review of UNCAC implementation “Going Beyond the Minimum” approach Bratislava, 28-29 March 2011.

Documents

Transcript of Review of UNCAC implementation “Going Beyond the Minimum” approach Bratislava, 28-29 March 2011.