CORRUPTION CONVENTION TALKS
TO CONTINUE IN SEPTEMBER
VIENNA, 11 August (UN Information Service) --
Major breakthroughs
were achieved during the sixth session of
the Ad Hoc Committee for
the Negotiation of a Convention against Corruption, held in Vienna from 21
July to 9 August, including an agreement on the recovery
of assets
resulting from corruption and on a broad scope of preventive measures.
The Ad Hoc Committee, negotiating the treaty, worked until 3:56 a.m.
on
9 August, before running out of time. It then decided to
meet again on
22 September in order to settle several elements of the draft that still
need to be elaborated before the Convention
is submitted to the UN
General Assembly for final approval.
"We
are very close to an agreement. Indeed the session achieved
major breakthroughs on the most politically sensitive issues: a
clear sign
that Member
States -- all of them, rich and poor countries, whether having
a history of corruption or not, -- want this Convention,
and they want
it very badly. That gives us grounds for optimism that the
negotiations
will be successfully completed in September, so the Convention will be
presented to the General Assembly this fall, and
subsequently to the
Ministerial Signing Conference to be held in Merida, Mexico,
from 9 to 11
December," said Antonio Maria Costa, Executive Director, UN Office on
Drugs and
Crime (UNODC).
One of the most important results of the sixth session was the
adoption
on 7
August of a whole new chapter requiring Member States to
return
those assets,
obtained through bribery and embezzlement, to
the country
of origin.
This represents a new fundamental principle
in
international treaties. In the case of other forms of
corruption, the return of
assets will be based on satisfactory evidence
of legitimate ownership and
of damage,
and requests for recovery will receive favourable consideration.
Asset recovery has been a major issue
throughout the negotiations.
In a number of countries, corruption has led to
the depletion of
national wealth. Some of those countries, whose
former dictators have
stolen hundreds of millions, or even billions,
of dollars, have made a
great contribution in the search for new rules,
including the Philippines
and Nigeria.
"Stolen
and illegally exported assets have to be returned. This is
a new, fundamental principle agreed to during the negotiations in Vienna.
The recovery of assets sets the stage for much
greater cooperation
between states. There will be fewer ways and places to
hide stolen assets and
a much greater likelihood that the money will be returned," Mr. Costa said.
The agreement reached on preventive
measures represents
another major achievement during the sixth session. The agreement includes norms
of conduct
for public officials, greater transparency based on public
access to information on government businesses, as well as
stricter
procurement regulations
and measures against money laundering.
Late on 8 August, the Ad Hoc Committee
also progressed in
the discussion
on a few outstanding issues, including dual
criminality --whether a particular action has to be considered a crime in
both
countries in
order for the latter to cooperate; and differences over the
definition of "public official."
Once adopted, the UN Convention against
Corruption will
enhance cooperation between governments and help
standardize the way in
which individual countries deal with corruption in their
national
legislation.
"The Convention will pave the way for a more unified international
response and stimulate better cooperation," said Eduardo Vetere,
Officer-in-Charge, UNODC Division for Treaty Affairs.
"The Convention will reduce
the vulnerability of those states calling for cooperation against those
fleeing prosecution."
The Ad Hoc Committee for the
Negotiation of a Convention
against Corruption
was established by the UN General Assembly in December 2000.
The initial draft of the Convention was based on
proposals received from
26 countries, covering a broad range of
issues, such as the
following: definitions and scope; preventive measures and
criminalization;
sanctions and
remedies; confiscation and seizure; jurisdiction; liability of
legal persons; protection of witnesses and victims; international
cooperation; preventing and combating the transfer of funds of
illicit origin derived from acts of corruption;
the return of
such funds; technical assistance;
collection, exchange and analysis
of information; and mechanisms for monitoring implementation.
The first session of the Ad Hoc Committee
was held in January 2002.
At its
first and second sessions, the Committee concluded the first reading
of, the draft Convention. At the third and fourth sessions, the second
reading was completed. At the fifth session, in March 2003, the
Committee
reached an agreement on a significant number of articles, including
those
dealing with basic offences regarding bribery of public officials
and embezzlement; on other
offences to be criminalized; and on almost all of the
provisions on
international cooperation.
The sixth session lasted a week longer than the previous five, and
included evening sessions, but -- after a
debate lasting through to the
early morning hours of 9 August -- delegates from 128 Member
States decided
to continue
working on the Convention on Corruption's final details
on
22 Septembe
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