Conventions overview
- political corruption
This page compares the conventions' requirements in terms of:
- Preventive measures
Transparency in financing of politics | Election process fairness | Conflict of interest/ asset declaration
- Criminalisation and law enforcement
Trading in influence | Bribery of public officials | Private sector
(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.
I. Preventive measures
Transparency in the financing of election campaigns and political parties
| Convention | Relevant convention provision (1) | Art. |
Mand.
|
| UN | Enhance transparency in the funding of candidatures for elected public offices and the funding of political parties. | 7(3) | |
| OECD | None (2) | ||
| AU | proscribe the use of funds acquired through illegal and corrupt practices to finance political parties; incorporate the principle of transparency into political party funding | 10 |
Yes
|
| CoE (Crim.) | None | ||
| CoE (Civil) | None | ||
| OAS | None |
| Convention | Relevant convention provision (1) |
Art.
|
Mand.
|
| UN | Prescribe criteria concerning candidature for and election to public office |
7(2)
|
|
| OECD | None | ||
| AU | None | ||
| CoE (Crim.) | None | ||
| CoE (Civil) | None | ||
| OAS | None |
Conflict of Interest / Declaration of assets
| Convention | Relevant convention provision (1) |
Article
|
Mand.
|
| UN |
Adopt, maintain and strengthen systems promoting transparency and preventing conflict of interest in the public sector |
7(4) |
(one suggested measure to prevent corruption
in the private sector)
|
| public officials to declare outside activities, investments, assets, benefits etc. from which conflict of interest may result |
8(5)
|
||
| preventing conflicts of interest by imposing restrictions on the professional activities of former public officials or on the employment of former public officials by the private sector where such activities or employment relate directly to the functions formerly held or supervised. |
12(2)(e)
|
||
| OECD | None | ||
| AU | Require all or designated public officials to declare their assets at beginning, during or after their term of office; create an internal committee to establish a code of conduct and monitor its implementation Mandatory |
7 (1) & (2)
|
|
| CoE (Crim.) | None | ||
| CoE (Civil) | None | ||
| OAS | OAS Art III (1) - create,
maintain and strengthen standards of conduct to prevent conflicts
of interest OAS Art III (4) - create, maintain and strengthen systems for registering the income, assets and liabilities of persons who perform public functions in certain posts and, where appropriate, for making such registrations public |
II. Criminalization and law enforcement
| Convention | Relevant convention provision (1) |
Article
|
Mand.
|
| UN | Prohibit the offering or giving to a public official of an undue advantage in order that he abuse his influence with a view to obtaining from a public body an undue advantage for the original instigator; prohibit solicitation or acceptance of such undue advantage Not mandatory |
18
|
|
| OECD | OECD - None | ||
| AU | Prohibit the offering, giving, solicitation or acceptance of any undue advantage to or by anyone who asserts to be able to exert any improper influence over the decision making of any person performing functions in the public or private sector in consideration thereof, as well as the request, receipt or acceptance of the offer in consideration of that influence Mandatory |
4(1)(f)
|
Yes
|
| CoE (Crim.) | Prohibit the promising, giving or offering of any undue advantage to anyone who asserts they are able to exert an improper influence over the decision-making of a public official, as well as the requesting, receiving or accepting thereof |
12
|
Yes
|
| CoE (Civil) | None | ||
| OAS | None |
| Convention | Relevant convention provision (1) |
Article
|
Mand.
|
| UN | Establish as a criminal offence the promise, offering or giving to a public official, and the solicitation or acceptance, of an undue advantage, for himself or another person or entity, in order that he act or refrain from acting in the exercise of his official duties. (UN Art 15 for national public officials and Art 16 regarding foreign public officials and officials of public international organisations) |
15 & 16
|
Yes
|
| OECD | Establish that it is a criminal offence for any person intentionally to offer, promise of give any undue advantage to a foreign public official, in order that the official act or refrain from acting in relation to official duties, in order to obtain or retain business or other improper advantage in the conduct of international business |
1(1)
|
Yes
|
| AU | Establish as an offence the solicitation or acceptance by a public official of any goods or benefit in exchange for any act or omission in the performance of his public functions; establish as an offence the offering or granting of any goods or benefit in exchange for such act or omission |
4(1)(a) & (b)
|
Yes
|
| CoE (Crim.) | Prohibit the following
forms of bribery: - active and passive bribery of domestic public officials (Articles 2 and 3 respectively) - of members of domestic public assemblies (Art 4) - of foreign public officials (Art 5) - of members of foreign public assemblies (Art 6) - of members of international parliamentary assemblies (Art 10) |
2-6 & 10
|
Yes
|
| CoE (Civil) | Provide for appropriate procedures for persons who have suffered damage as a result of an act of corruption by its public officials to claim for compensation from the state |
5
|
Yes |
| OAS | establish as criminal
offences active and passive forms of bribery |
VI(1)(a) & (b) & VII
|
Yes
|
| Prohibit and punish transnational bribery, i.e. the bribery of a government official of another state Mandatory |
VIII
|
| Convention | Relevant convention provision (1) |
Article
|
Mand.
|
| UN | Adopt such legislative and other measures as may be necessary to establish as a criminal offence, when committed intentionally, illicit enrichment, that is, a significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income |
20
|
|
| OECD | None | ||
| AU |
Illicit enrichment falls under acts of corruption and related offences as defined in the Convention |
4(1) (g)
|
Yes
|
| Adopt necessary measures to establish an offence of illicit enrichment and links the offence under domestic law with the Convention. State Parties shall also cooperate with a requesting state. |
8
|
||
| CoE (Crim.) | CoE (Criminal) - None | ||
| CoE (Civil) | CoE (Civil) - None | ||
| OAS | Establish as an offence a significant increase in the assets of a government official that he cannot reasonably explain in relation to his lawful earnings during the performance of his functions |
IX
|
Yes
|
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Conventions |
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Donors & conventions |
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Comparing conventions |
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Links |
| 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. |
