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The fifth session of the United Nations Convention Against
Corruption (UNCAC) conference of States Parties was held in
Marrakesh, Morocco this week. 150 countries participated in
the conference along with a number of international and
civil society organizations that specialized in combating
corruption.
A Palestinian delegation representing both governmental and
civil society participated in the conference. The
governmental sector was represented by Mr. Rafiq Al-Natsheh,
Head of the Anti-Corruption Commission, representatives of
the Ministry of Justice, the General Prosecution, and the
State Audit and Administrative Control Bureau. The civil
society was represented by Dr. Azmi Shuaibi, AMAN’s
commissioner for combating corruption, Hama Zidan, head of
the Advocacy and Legal Advice Center, and Isam Haj,
the organization’s Programs and Projects Director.
The Arab Spring - A Rational Outcome of Corruption
The conference’s agenda focused on reviewing State
Parties’ reports on implementation and how to further
enforce the convention. During the general discussions and
workshops, it became clear that corruption and looting of
public funds was one of the key reasons for the Arab
Uprising. The demands of the public created a
notable concern amongst participants for asset recovery
resulting from corruption. Attendees focused on the negative
role that western states played in absorbing funds without
asking depositors about their legitimacy and therefore
ignoring existing anti-money laundering laws.
In one of his remarks at the conference, Dr. Azmi Shuaibi
asked Arab countries and leaders to learn from the uprisings
in Tunisia and Egypt, Yemen and Syria that occurred as a
result of political corruption. The majority of the Arab
countries welcomed the openness and participation of the
civil society with a notable exception by representatives of
the UAE.
Civil
Society Participation Critical for Convention’s Success
Civil society activists and AMAN Coalition, partners of the
Coalition of Civil Society Organizations’ Network affiliated
with the UNCAC, demonstrated at the main square in Marrakesh
to express the necessity of engaging different
non-governmental bodies in combating corruption.
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Resolution on the Fourth Session of the UNCAC Conference of States
Parties
Transparency International’s 2011 Annual Membership Meeting
passes the following resolution with respect to the UN
Convention against Corruption for submission to the upcoming
fourth session of the UNCAC Conference of States Parties,
beginning 24 October 2011 in Marrakesh, Morocco:
1. Commending UNODC for a good start in launching the
Implementation Review Mechanism and expressing their
appreciation to UNODC including their Civil Society Team for
the excellent collaboration with TI and the UNCAC Coalition,
including in providing training for civil society
organizations in the UNCAC review process.
2. Expressing satisfaction that most of the country reviews
undertaken in 2010-11 have included country visits by the
review teams, and inputs to the reviewers from civil
society. These two elements, plus publication of country
self-assessments and final reports (on which results are not
yet available), are crucial for the effectiveness and public
credibility of the review process.
3. Calling for reviews to start with publication by UNODC
and States Parties of information about country focal points
and actual review schedules (to be updated as needed) as
this is essential to achieve inclusiveness and transparency.
4. Recalling UNCAC provisions on transparency and civil
society participation, including Article 13 and the Terms of
Reference for the Review Mechanism which emphasizes
transparency, inclusiveness and wide consultation with
stakeholders and urging States Parties in future reviews to
maintain the practice of including civil society in country
visits.
5. Expressing concern that the issue of non-governmental
inputs to the Implementation Review Group (IRG) remains
unresolved. Because the IRG plays a key role in the planning
and assessment of the review process, it is essential that
the IRG obtain adequate written and oral inputs from civil
society organizations and the private sector. Participation
of CSOs as observers in the IRG would give effect to the
letter and spirit of the Convention, to the Review
Mechanism’s Terms of Reference and to the applicable
procedural rule (Rule 17 of the CoSP Rules of Procedure).
6. Requesting UNODC to prepare a Third Guide, with a focus
on building sustainable ethical infrastructure, to assist
state parties and non-state actors in furthering integrity
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