Critically Evaluate the UNCAC and Discuss the Factors that Hinder Effective Implementation of the Convention
The UNCAC is the only global anti-corruption multilateral treaty. UNCAC was adopted on 31 October 2003 by the United Nation General Assembly and was signed by more than 140 member countries and it covers five areas: (i) Preventive Measures (ii) Criminalization and Law Enforcement (iii) International Cooperation (iv) Asset Recovery and (v) Technical Assistance and Information Exchange. Although UNCAC is considered as an anti-corruption landmark through its detailed provisions and global coverage, but its effectiveness is criticized. Though the convention covers wide spectrum of corruptive activities including bribery, abuse of power, abuse of functions, trading in influence, corruption in private sector and assets recovery, but limited in its impact in few areas. For example, the UNCAC monitoring mechanism has failed to fulfill its expectations. Weilert agrees that monitoring system of UNCAC is less stringent than Organization for Economic Co-operation and Development (OECD)’s monitoring system for example. UNCAC also faces considerable criticism regarding interpretation of ratifications regarding nation states’ obligations toward UNCAC and enforcement of monitoring. Deegan highlights that not only ratification of UNCAC does have a tangible impact in fighting corruption, but also the need to track the implementation of UNCAC provisions. Quraishi criticizes UNCAC’s value as an obligatory treaty and its language preciseness for effective implementation. The Convention has also been criticized for not being strong enough on private sector corruption, political corruption, and asset recovery.
This review discusses the factors that hinder effective implementation of UNCAC. The factors are categorized into three categories: (i) The absence of political will (ii) Technical obstacles and (iii) UNCAC being toothless to enforce its provisions. After discussing the three factors, the author focusses on potential measures to improve the implementation of the convention.
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