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Conventions overview
- access of the public to information

(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 Relevant convention provision (1)
Article
Mand.
UN Facilitate access of the public to information on the organization, functioning and decision-making processes of the public administration
10
Yes
Promote the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organisations and community-based organisations, in the prevention of and fight against corruption and to raise public awareness regarding the threat posed by corruption by such measures as (a) enhancing transparency of and promoting contribution of the public to the decision-making process; (b) ensuring the public has access to information; (c) undertaking public information activities and education programmes;(d) ensuring freedom of public to seek, publish and disseminate information on corruption;
13 (1)

Yes

("shall take appropriate measures, within its means…)

Ensuring access and reporting to anti-corruption bodies
13 (2)
Yes
OECD OECD - None
AU Give effect to the right of access to any information that is required to assist in the fight against corruption and related offences
9
Yes
Create an enabling environment that will enable civil society and the media to hold governments to the highest levels of transparency and accountability in the management of public affairs
12(2)
Ensure that the media is given access to information in cases of corruption and related offences as long as this will not adversely affect the investigation process and the right to a fair trial
12(4)
CoE (Crim.) None
CoE (Civil) None
OAS None

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RECOMMENDED READING



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.


 



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