- 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.