Corruption is a crime. A crime, that often leads to the misery and even loss of lives for many people, especially in poor countries. It disproportionately hurts the poorest of the poor because it diverts funds intended for development purposes. When resources and delivery of basic services are lost and funds end up in the hands of unscrupulous politicians, bureaucrats and businessmen, people actually die.
Moreover, corruption like many crimes evolves to escape detection and prosecution, circumvent the existing law, and avoid criminalization. It has become borderless and transnational in many instances. The proceeds of related criminal acts are often transferred or laundered to banks and dummy corporations in rich First World countries, thus further exacerbating wealth disparities among developed and developing countries.
People are now realizing the significant links between corruption and many societal problems such as human rights violations, terrorism and poverty. National governments as well as international organizations are addressing the issue of corruption openly and head on. Leaders worldwide have started to recognize the need for enhancement of domestic laws as well as international agreements to stop corruption wherever it raises its ugly head.
In this light, after years of deliberation, the United Nations Convention Against Corruption (UNCAC) was finally adopted by the UN General Assembly on October 31, 2003 at their headquarters in New York. As of August 27, 2006, there have been 140 signatories and 60 have submitted their instruments of ratification or accession to the UN.
Highlights of the UNCAC
Prevention
It requires State parties to implement effective and coordinated anti-corruption policies and ensures the existence of anti-corruption bodies;
It promotes transparency, accountability and integrity by pushing for codes of conduct for public officials, appropriate systems and mechanisms for public reporting, procurement and finance;
It presents a comprehensive set of preventive measures applicable to the private sector such as enhanced accounting and auditing standards, prohibition of the “off-the-book accounts” and tax deductibility of expenses constituting bribes;
It ensures and encourages active participation of civil society organizations, anti-corruption bodies or even citizens to report offences;
It ensures the internal and international cooperation to prevent money laundering.
Criminalization
Requires countries to establish mandatory criminal offences such as Bribery of National Public Officials, Active Bribery of Foreign Public Officials, Embezzlement, Misappropriation, and other diversion of property, Money Laundering and Obstruction of Justice;
The convention asks the State Parties to also consider criminalizing other acts such Passive Bribery of Foreign Public Officials, Trading in Influence, Abuse of Function, Illicit Enrichment, Bribery in the Public Sector and Embezzlement in the Public Sector;
It also deals with problematic areas of public sector corruption.
International Cooperation
State Parties are obliged to render specific forms of mutual legal assistance in investigation and evidence gathering;
State parties are also bound by provisions on extradition;
State Parties are also encouraged to enter into bilateral or multilateral agreements regarding the conduct of joint investigations.
Asset Recovery
A very important breakthrough by the convention is its chapter and provisions on asset recovery based on the principle that illicit assets should be returned to the concerned requesting State Party;
It also includes provisions for the implementation of measures that would assist in the prevention and detection of transfers of the proceeds of crime, direct recovery of property and recovery of property through international cooperation.
Technical Assistance
The Convention urges the State parties to development training programs, research and evaluation studies to combat and prevent corruption;
It also calls for the establishment of voluntary mechanisms to generate financial contributions for the effective implementation of this Convention.
The Philippines was one of the first countries to sign the UNCAC last December 9, 2003 in Merida, Mexico. On March 1, 2005, President Gloria Macapagal Arroyo sent a letter to the Philippine Senate for its consideration and concurrence. On March 8, the Senate referred the UNCAC to the Committee on Foreign Relations chaired until now by Senator Miriam Defensor-Santiago. Her Committee conducted its first public hearing on June 2, 2005.
More than a year has passed and yet no public hearing has followed since then. Concurrently, no Committee report has yet been released by the same Senate Committee on the UNCAC.
The Office of the Ombudsman along with advocates from various civil society organizations and several government agencies is pushing for the immediate ratification of the UNCAC by the Philippine Senate.
It is going to be a long and arduous process trying to convince at least 16 out of the 24 senators that ratifying the UNCAC would have a significant impact in combating corruption. Making it more difficult would be ratifying it and sending the instrument of ratification on or before November 10 of this year so we could be eligible to join the very first Conference of State Parties in Amman, Jordan in December, a month after.
But the UNCAC advocates in the Philippines are going to give it a shot. But I believe we need the support of every Filipino to make it a reality.
I appeal to every Filipino reading this post to get involved! Help in pushing for the immediate ratification of the UNCAC in the Senate!
Write to your Senators and let them know where you stand regarding corruption.
Through your help, the ratification of the UNCAC and eventual targeted universal implementation across the globe can really make a difference in people’s lives.
SUPPORT THE UNCAC!
FIGHT CORRUPTION AND SAVE LIVES!
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Uncac_advocates@yahoogroups.com Labels: Politics
