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  Political Will  Stakeholder involvement  National ownership  Keep the public informed  Follow-up

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

Review Mechanism – Phases Process in phases:  2 cycles of 5 years each  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 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)

Introducing Going Beyond the Minimum Methodology The MinimumBeyond the Minimum Compliance (state obligation)Request from the member states (Capacity Assessments; institutional and policy reforms) -Designate Focal Point -UNCAC Self-Assessment Checklist - Review by two parties Use of checklist, stakeholder involvement (Gov Depts, Parliament, CSOs, etc) Two chapters of UNCACComprehensive (all chapters of UNCAC) Confidential report and public summary of review process Encourage States for public 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.)  Three preliminary steps: 1) Designation of a Lead Agency 2) Establishment of a Steering Committee 3) Identification of a Team of Technical Experts  Six phases: 1)Initial stakeholder workshop to launch and plan the process 2)Data collection: document gathering and consultations 3)Analysis and drafting of the report 4)Validation workshop and finalization of the reports 5)Publication and dissemination of the reports 6)Follow-up

Timeline Preparation Designation of Lead Agency Month 1 Establishme nt of Steering Committee Preparation for Stakeholder workshop Month 2 Stakeholder Workshop Document gathering and translation Month 3 Document gathering and translation Compile initial results Month 4 Stakeholder consultation s/on-site visit Draft Self- Assessment reports Month 5 Draft Self- Assessment reports Preparation for Validation workshop Month 6 Validation workshop/Rep ort finalization Report publication and dissemination Follow-up Developmen t of national strategy and action plan Implementat ion of reforms

Thank You!