Conventions overview
- defining public officials
(1) The relevant provisions in the various Conventions usually read for mandatory provisions "Each state Party shall take the necessary steps to/shall adopt such measures as may be necessary to… (e.g. promote, enhance transparency etc.)….". The text in the "Relevant Conventions Provision" box should therefore be read as if preceded by such a sentence. For optional provisions, the provisions begin with such text as "Each state Party shall consider…"
(2) The remark "None" in the column "Relevant Convention Provision" means that there is no explicit provision addressing the particular issue. Some of these issues may, nonetheless, be covered implicitly by the Convention in question.
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Convention
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Definition of public official
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Article
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| UN | "Public official" means any person holding a legislative, executive, administrative or judicial office, whether appointed or elected; any other person who performs a public function or provides a public service; any other person defined as a public official in the domestic law. |
2(a)
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| OECD | Foreign public official means any person holding a legislative, administrative or judicial office of a foreign country, whether appointed or elected; any person exercising a public function for a foreign country, including for a public agency or public enterprise; and any official or agent of a public international organisation. |
1(4)(a)
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| AU | Public official means any official or employee of the State or its agencies including those who have been selected, appointed or elected to perform activities or functions in the name of the state or in the service of the State at any level of its hierarchy |
1
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| CoE (Crim.) | Public official shall be understood by reference to the definition of "official", "public officer", "mayor", "minister" or "judge" in the national law of the state in which the person in question performs that function and as applied in its criminal law. The term judge shall include prosecutors and holders of judicial offices. |
1(a)
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| CoE (Civil) | No definition, although Art. 5 provides for the compensation from the State for damages suffered as a result of corruption by its public officials. | |
| OAS | "Public official", "government official, or "public servant" means any official or employee of the State or its agencies, including those who have been selected, appointed, or elected to perform activities or functions in the name of the State or in the Service of the State, at any level of its hierarchy. |
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Conventions |
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Donors & conventions |
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Comparing conventions |
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Links |
| RECOMMENDED READING |
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Anti-Corruption Conventions in the Americas: What Civil Society Can Do to Make Them Work (A civil society and advocacy guide by Transparency International, 2006) A new TI publication which sets out how civil society can develop an advocacy strategy which promotes the ratification, implementation and inter-governmental follow-up and monitoring of conventions including UNCAC.
Institutional Arrangements to Combat Corruption - A comparative Study (UNDP) The UN Convention against Corruption requires that States designate a body or bodies to coordinate prevention and enforcement measures. This study explores how such institutional arrangements might look, and provides some lessons learned from existing models. A readable, informative resource for practitioners. |
