United Nations Convention against Corruption

The United Nations Convention against Corruption (UNCAC) is a landmark, international anti-corruption treaty adopted by the UN General Assembly in October 2003. It represents a remarkable achievement: a global response to a global problem. With 181 countries bound by UNCAC so far (as of 4 May 2017), it is unique not only in its worldwide coverage but also in theextent of its provisions, recognising the importance of both preventive and punitive measures. It also addresses the cross-border nature of corruption with provisions on international cooperation and on the return of the proceeds of corruption. States Parties (countries that have ratified the Convention) are also obliged to help each other to prevent and combat corruption through technical assistance (defined broadly to include financial and human Resources, training, and research). The Convention further calls for the participation of citizens and civil Society organizations in accountability processes and underlines the importance of citizens’ access to information. The UN Office on Drugs and Crime (UNODC) in Vienna serves as secretariat for the UNCAC.

Contents

What does implementation of UNCAC actually entail; what are its provisions? What follows is a description of the substantive chapters of the Convention, as well as an analysis of whatUNCAC can and cannot do. It is important to note that many of UNCAC’s provisions are mandatory, while others are either ‘strongly encouraged’ or optional (see annex for an overview of mandatory provisions). In addition, most provisions of the Convention make some reference to working within the principles of a State’s domestic law, which allows significant room for different interpretations of the Convention’s requirements in any given country. The key chapters of the Convention are described below, including how their implementation will be monitored.

Preventive measures

States Parties are obliged to adopt coordinated policies that prevent corruption and designate a ‘body or bodies’ to coordinate and oversee their implementation. The preventive policies covered by the Convention include measures for both the public and private sectors. These include, among others, transparent procurement and Sound financial management, a merit-based civil service including clear conflict of interest regimes, effective access to public information, Auditing and other standards for private companies,an Independent Judiciary, active involvement of civil society in efforts to prevent and combat corruption, and measures to prevent Money-laundering.

Criminalization and law enforcement

States Parties must criminalise bribery (both the giving of an undue advantage to a national, international or foreign public official and the acceptance of an undue advantage by a national public official), as well as embezzlement of public funds. Other offences that States Parties are required to criminalise include obstruction of Justice and the concealment, conversion or transfer of criminal proceeds. Sanctions extend to those who participate in or attempt to commit corruption offences. Acts that states are encouraged – but not required – to criminalise include acceptance of bribes by foreign and international public officials, trading in influence, abuse of function, illicit enrichment, bribery and embezzlement within the private sector, money laundering and the concealment of illicit assets.

International cooperation

States Parties are obliged to assist each other in cross-border criminal matters. This includes, for example, gathering and transferring evidence of corruption for use in court. The requirement of dual criminality (that the alleged crime for which mutual legal assistance is sought must be criminal in both the requesting and requested countries), which has traditionally hindered cooperation, is loosened. Cooperation in criminal matters is mandatory. In civil and administrative matters, it must be considered.

Asset recovery

A ‘fundamental principle’ of the Convention, and one of its main innovations, is the right to recovery of stolen public assets. According to many observers, Chapter V is the main “selling point” of the Convention, and the reason why so many developing countries have ratified. The UNCAC provisions lay a framework for countries to adapt both their civil and criminal law in order to facilitate tracing, freezing, forfeiting, and returning funds obtained through corrupt activities. The requesting state will in most cases receive the recovered funds as long as it can prove ownership. In some cases the funds may be returned directly to individual victims.

Technical assistance and information exchange

In the Convention, technical assistance refers generally to support aimed at helping countries comply with the UNCAC’s provisions. Chapter VI includes provisions on training, material and human resources, research, and information sharing. The Convention encourages the provision of training on topics such as investigative methods, planning and developing strategic anti-corruption policies, preparing requests for mutual legal assistance, public financial management, and methods used to protect victims and witness in criminal cases. States Parties should also consider helping each other conduct evaluations and studies on the forms, causes and costs of corruption in specific contexts, with a view to developing better policies for combating the problem.

Review of implementation

The decision on a mechanism for review of implementation of the UNCAC was taken at the Third Conference of States Parties in Doha, Qatar, in November 2009. The States Partiesdecided to set up a multi-staged peer review mechanism involving the review of each State Party by two peers. The review process is supposed to take no more than six months for anygiven country at any given stage of the process. The mechanisms started operation in July 2010 when the Implementation Review Group that oversees the review mechanism met forthe first time. To cover all countries, the process is divided in two five-year cycles. UNCAC chapters III and IV have been reviewed in the first cycle (2010–2014), while compliance withchapters II and V will be assessed during the second (2015– 2019). Thus, review on corruption prevention measures – a focus for many donor countries – will happen at a later stage.,

The United Nations Convention against Corruption (UNCAC) is an international anti-corruption treaty. It was adopted by the United Nations General Assembly on 31 October 2003 and entered into force on 14 December 2005. As of 2023, 188 countries have ratified the UNCAC.

The UNCAC is a comprehensive treaty that addresses all aspects of corruption, from prevention to prosecution. It sets out a number of measures that countries must take to fight corruption, including:

Criminalizing corruption offenses
Creating independent anti-corruption agencies
Strengthening financial disclosure and transparency requirements
Promoting international cooperation in corruption cases

The UNCAC is a landmark achievement in the fight against corruption. It is the first international treaty to comprehensively address all aspects of corruption, and it has been widely praised by anti-corruption experts. The UNCAC has also had a significant impact on the fight against corruption in practice. Many countries have taken steps to implement the UNCAC’s provisions, and the treaty has helped to improve international cooperation in corruption cases.

The UNCAC is a living document that is constantly being updated to reflect the latest developments in the fight against corruption. In 2010, the UNCAC was amended to include a new chapter on asset recovery. This chapter provides a framework for countries to cooperate in the recovery of assets that have been stolen through corruption.

The UNCAC is an essential tool in the fight against corruption. It provides a comprehensive framework for countries to take action against corruption, and it has had a significant impact on the fight against corruption in practice. The UNCAC is a living document that is constantly being updated to reflect the latest developments in the fight against corruption.

The following are the sub topics of the United Nations Convention against Corruption:

Scope and definitions
Prevention
Criminalization and law enforcement
International cooperation
Asset recovery
Technical assistance and information exchange
Follow-up
Final provisions

Table of Contents

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Scope and definitions

The UNCAC defines corruption as “the abuse of entrusted power for private gain.” This includes a wide range of activities, such as bribery, extortion, embezzlement, and Nepotism. The UNCAC also defines a number of related terms, such as “public official,” “private sector entity,” and “transnational bribery.”

Prevention

The UNCAC sets out a number of measures that countries can take to prevent corruption. These include:

Strengthening ethical standards in public life
Promoting Transparency and Accountability in government
Strengthening financial disclosure and transparency requirements
Creating independent anti-corruption agencies
Raising public awareness of the problem of corruption

Criminalization and law enforcement

The UNCAC requires countries to criminalize a wide range of corruption offenses, including bribery, extortion, embezzlement, and nepotism. The UNCAC also sets out a number of measures that countries must take to ensure that these offenses are effectively investigated and prosecuted. These include:

Establishing specialized anti-corruption units within law enforcement agencies
Providing adequate training for law enforcement officials on corruption investigations
Ensuring that there are effective mechanisms for the protection of witnesses and whistle-blowers

International cooperation

The UNCAC encourages countries to cooperate with each other in the fight against corruption. This includes:

Extradition
Mutual legal assistance
Asset recovery
Technical assistance

Asset recovery

The UNCAC sets out a number of measures that countries can take to recover assets that have been stolen through corruption. These include:

Freezing and seizing assets
Confiscation of assets
Restitution of assets

Technical assistance and information exchange

The UNCAC provides for a mechanism for countries to provide technical assistance to each other in the fight against corruption. This includes assistance with:

Legislative drafting
Institutional strengthening
Capacity building

Follow-up

The UNCAC establishes a mechanism for countries to monitor and review its implementation. This mechanism includes a Conference of the Parties, which meets every two years, and a Secretariat, which is located in Vienna, Austria.

Final provisions

The UNCAC contains a number of final provisions, such as those relating to its entry into force, amendment, and denunciation.

What is corruption?

Corruption is the abuse of power for private gain. It can take many forms, including bribery, extortion, nepotism, and cronyism. Corruption can have a devastating impact on societies, undermining Democracy, Economic Development, and the Rule of Law.

What are the causes of corruption?

Corruption is often caused by a lack of transparency and accountability in government institutions. It can also be caused by weak laws and institutions, as well as a culture of impunity.

What are the effects of corruption?

Corruption can have a devastating impact on societies, undermining democracy, economic development, and the rule of law. It can also lead to increased POVERTY, inequality, and social unrest.

What can be done to fight corruption?

There are a number of things that can be done to fight corruption, including:

Strengthening anti-corruption laws and institutions
Promoting transparency and accountability in government
Building a culture of Integrity
Raising awareness of the costs of corruption
Providing support to anti-corruption agencies

What are the challenges of fighting corruption?

Fighting corruption can be a challenging task, as it often involves powerful interests that are resistant to change. Corruption can also be difficult to detect and prove, as it often takes place in secret.

What are some success stories in the fight against corruption?

There have been a number of success stories in the fight against corruption, including:

The establishment of the United Nations Convention against Corruption
The creation of the International Anti-Corruption Academy
The passage of anti-corruption laws in many countries
The prosecution of high-level corrupt officials

What are the future challenges in the fight against corruption?

The fight against corruption is likely to remain a challenge in the years to come. However, there are a number of reasons to be optimistic about the future, including:

The growing awareness of the costs of corruption
The increasing willingness of governments to take action against corruption
The development of new tools and technologies to fight corruption

What can I do to help fight corruption?

There are a number of things that you can do to help fight corruption, including:

Be aware of the signs of corruption
Report corruption to the authorities
Support anti-corruption initiatives
Get involved in politics and hold your leaders accountable

Where can I learn more about corruption?

There are a number of resources available to learn more about corruption, including:

The United Nations Office on Drugs and Crime
The Transparency International website
The World Bank‘s website on anti-corruption

Question 1

Which of the following is not a type of corruption?

(a) Bribery
(b) Embezzlement
(c) Extortion
(d) The United Nations Convention against Corruption

Answer
(d) The United Nations Convention against Corruption is an international treaty that aims to promote and strengthen international cooperation against corruption. It is not a type of corruption.

Question 2

Which of the following is not a sign of corruption?

(a) A sudden increase in wealth
(b) A lack of transparency in government
(c) A high level of nepotism
(d) A strong rule of law

Answer
(d) A strong rule of law is not a sign of corruption. In fact, a strong rule of law is essential for fighting corruption.

Question 3

What is the most common type of corruption?

(a) Bribery
(b) Embezzlement
(c) Extortion
(d) All of the above

Answer
(d) All of the above are common types of corruption. Bribery is the act of offering or giving money or other benefits to a public official in order to influence their actions. Embezzlement is the act of stealing money or property that has been entrusted to you. Extortion is the act of demanding money or other benefits from someone by threatening them with harm.

Question 4

What are the negative effects of corruption?

(a) It can lead to economic instability
(b) It can undermine democracy
(c) It can damage the Environment
(d) All of the above

Answer
(d) All of the above are negative effects of corruption. Corruption can lead to economic instability by discouraging Investment and trade. It can undermine democracy by weakening the rule of law and allowing powerful individuals to enrich themselves at the expense of the public. It can damage the environment by allowing businesses to pollute without fear of punishment.

Question 5

What can be done to fight corruption?

(a) Strengthen the rule of law
(b) Increase transparency and accountability
(c) Reduce opportunities for corruption
(d) All of the above

Answer
(d) All of the above can be done to fight corruption. Strengthening the rule of law means ensuring that everyone is subject to the law, including public officials. Increasing transparency and accountability means making it easier for people to see what their government is doing and hold it to account. Reducing opportunities for corruption means making it more difficult for people to engage in corrupt practices.