Implementation of The UNCAC and Monitoring Mechanism
In accordance with Article 63(7) of UNCAC, "the Conference shall establish, if it deems necessary, any appropriate mechanism or body to assist in the effective implementation of the Convention". At its first session, the CoSP established an open-ended intergovernmental expert group to make recommendations to the Conference on the appropriate mechanism. A voluntary "Pilot Review Programme", which was limited in scope, was initiated to offer adequate opportunity to test possible methods to review the implementation of UNCAC, with the overall objective to evaluate efficiency and effectiveness of the tested mechanism(s) and to provide to the CoSP information on lessons learnt and experience acquired, thus enabling the CoSP to make informed decisions on the establishment of an appropriate mechanism for reviewing the implementation of UNCAC. The CoSP at its third session, held in Qatar in November 2009, adopted Resolution 3/1 on the review of the implementation of the Convention, containing the terms of reference of an Implementation Review Mechanism (IRM). It established a review mechanism aimed at assisting countries to meet the objectives of UNCAC through a peer review process. The IRM is intended to further enhance the potential of the UNCAC, by providing the means for countries to assess their level of implementation through the use of a comprehensive self-assessment checklist, the identification of potential gaps and the development of action plans to strengthen the implementation of UNCAC domestically. UNODC serves as the secretariat to the review mechanism.
The Terms of Reference of the IRM specify that each review phase is composed of two review cycles of five years. The first review cycle covers chapters III (criminalization and law enforcement) and IV (international cooperation) of UNCAC. The second review cycle, which will start in 2015, covers chapters II (preventive measures) and V (asset recovery). All States parties must undergo the review within each cycle. The selection of the reviewing States parties is carried out by drawing of lots. Each State party is reviewed by two other States parties, with the active involvement of the State Party under review. At least one of the reviewing States is from the regional group of the State party under review.
An initial desk review is based on the responses of each State to the IT-based comprehensive self-assessment checklist. States parties under review are encouraged to conduct broad consultations including all relevant stakeholders when preparing their responses. Active dialogue between the country under review and the reviewers is a key component of the process. Country visits or joint meetings are held when agreed by the State party under review. A country review report is prepared and agreed to by the country under review and may be made public. The executive summary of this report is an official document of the United Nations.
As of 4 October 2012, 157 countries are involved in the Review Mechanism either as countries under review or as reviewing countries.
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