Implementation Review Mechanism on the United Nations Convention Against Corruption

  • Wed, 10 August 2016

The United Nations Convention Against Corruption (UNCAC) was adopted in accordance under General Assembly Resolution 58/4 on 31 October 2003 and UNODC is appointed as the Secretariat.

On December 2015, 178 countries became member States of UNCAC.

UNCAC has the provisions with the part of eight chapters and seventy-one articles as follows;

Chapter (1) General Provision                                                   article 1 to 4

Chapter (2) Preventive Measure                                                article 5 to 14

Chapter (3) Criminalization and Law Enforcement                  article 15 to 42

Chapter (4) International Cooperation                                      article 43 to 50

Chapter (5) Asset Recovery                                                      article 51 to 59

Chapter (6) Technical Assistance and Information                   article 60 to 62

Chapter (7) Mechanisms for implementation                            article 63 to64

Chapter (8) Final Provisions                                                      article 65 to 71

Mechanisms For Implementation is provided in the section 63 and 64 of chapter 7 of UNCAC.

In the article 63 paragraph (1) of Chapter (7) of UNCAC, it is provided to establish the Conference of the States Parties to the Convention (CoSP) to improve the capacity of and cooperation between States Parties to achieve the objective of the convention and to promote and review its implementation.

In the article 63 paragraph (7) of Chapter (7) of UNCAC, it provides that the Conference of the States Parties shall establish any appropriate mechanism or body to assist in the effective implementation of the Convention. Mechanism for the Review of Implementation of the United Nations Convention Against Corruption-Basic Documents had been published as Terms of the Reference of the mechanism in 2011.

Establishment of Review Mechanism

In accordance with the Resolution 3/1, the third Session of the Conference of the State Parties held in Doha, 9-13 November 2009, it is decided, the following 2 review Cycle of five years each, and the one of four state will be reviewed in the first four years of each Cycle;

          (a)     First Cycle     -     Chapter (3) and (4)                   2010 - 2015

          (b)     Second Cycle -     Chapter (2) and (5)                  2016 – 2020

For the implementation review process, it shall be carried out with the following guiding principle;

- Be transparent, impartial, efficient, non- intrusive and inclusive, provide opportunities to share good practice and challenges, assist the state parties, non- punitive.

- Intergovernmental process.

- Be carried out by the drawing of lots, not undertake mutual reviews.

Myanmar signed the UNCAC on 2nd February 2005, 137 members and ratified on 20th December 2012 and become the state party of United Nations Convention Against Corruption.

As a State Party of UNCAC, Myanmar had to carry out the implementation review on review mechanism of UNCAC. In the past, the Attorney General office was the Focal Point.

The Anti-Corruption Commission was formed on 25th February 2014 with order NO. 6/2014 of President's Office and had the responsibility to carry out the implementation review mechanisms of UNCAC as Focal Point on 22nd July 2014.

Myanmar should carry out the Review mechanism as the Reviewing and under reviewed State as follows;

      Reviewing State Party                        State Party Under Review

(a)     Myanmar + Togo                                       Cambodia

(b)     Thailand + Burundi                                    Myanmar

As Reviewing State Party, Myanmar had to review are Cambodia together with Togo, and will be reviewed by Thailand and Burundi as under reviewed State.

Myanmar has been undertaking the following processes as reviewing state party;

- the Chapter (3) of Self-Assessment Checklist of Cambodia was reviewed by Togo and Chapter (4) by Myanmar, and the desk review on it  was sent to Cambodia through the Secretariat of UNODC on 25th June 2015.

- the clarification on desk review was sent back to Myanmar by Cambodia through the Secretariat of UNODC on 4th August 2015.

- to make the discussion on the clarification of Cambodia's desk review, two Myanmar governmental experts went the Country Visit to Cambodia from 14th September to 18th September 2015 and successfully discussed on the implementation of review mechanism of Cambodia.

Myanmar has been undertaking the following processes as under reviewed state party;

- the Chapter (3) and (4) of Self-Assessment Checklist of Myanmar was sent to Thailand and Burundi through the Secretariat of UNODC on 15th July.