Sub-theme 5: Workshop 1The significance of preventive measures

Hans G. Nilsson

Sub-theme 5: Preventive measures: a national integrity system

Workshop 1The significance of preventive measures

Hans G. NilssonHead of DivisionCouncil of the EU

Sub-theme 5: Preventive measures: a national integrity system

Workshop 1The significance of preventive measures

Hans G. NilssonHead of DivisionCouncil of the EU

Sub-theme 5: Workshop 1The significance of preventive measures

Hans G. Nilsson

Scope of the presentation (1)

Preventing corruption is about reducing the opportunities and the inclination to bribe or be bribed the whole scope of this forum

In this presentation, a more limited concept= prevention as understood in Chapter II of the UNCAC

Sub-theme 5: Workshop 1The significance of preventive measures

Hans G. Nilsson

Scope of the presentation (2)

Does not cover (although the goal includes prevention):

•implementation of anti-corruption strategies/instruments, monitoring and evaluations

•measures related to criminal law and cooperation in criminal matters

Nevertheless, "prevention" of corruption implies a global approach.

Sub-theme 5: Workshop 1The significance of preventive measures

Hans G. Nilsson

"Prevention" as such in international legal instruments (1)

•The Convention of the African Union : explicitly dedicated to prevention (title of the convention)•Other instruments are usually more specific but often deal implicitly with prevention (such as art. 8 of the OECD Convention)•Nevertheless, before the UNCAC, prevention was mainly left to non binding instruments

Sub-theme 5: Workshop 1The significance of preventive measures

Hans G. Nilsson

"Prevention" as such in international legal instruments (2)

UNCAC :• Its first substantive chapter is dedicated to preventive measures (chapter II)• However: cautious language used in Chapter II, limited obligations

Sub-theme 5: Workshop 1The significance of preventive measures

Hans G. Nilsson

A comprehensive prevention strategy requires proper coordination

the need for national preventive anti-corruption bodies (art. 6 UNCAC)

Sub-theme 5: Workshop 1The significance of preventive measures

Hans G. Nilsson

Priority fields for preventive measures (1)

What is in Chapter II of the UNCAC :

1. Public sector :

- public administration (career rules, selection, training, remuneration)

- public procurement

Sub-theme 5: Workshop 1The significance of preventive measures

Hans G. Nilsson

Priority fields for preventive measures (2)

What is in Chapter II of the UNCAC :

2. Private sector

- accounting and auditing standards, …

- …

Sub-theme 5: Workshop 1The significance of preventive measures

Hans G. Nilsson

Priority fields for preventive measures (3)

What is not in the UNCAC (or with very limited provisions) :

Sub-theme 5: Workshop 1The significance of preventive measures

Hans G. Nilsson

Priority fields for preventive measures (4)

What is not in the UNCAC (or with very limited provisions) :

1. Political life

- funding of political parties (art. 7.3. UNCAC very limited)

- transparency for the mandates of politicians

Sub-theme 5: Workshop 1The significance of preventive measures

Hans G. Nilsson

Priority fields for preventive measures (5)

What is not in the UNCAC (or with very limited provisions) :

2. Tax issues

deductibility of bribes to foreign officials, see OECD recommendation

Sub-theme 5: Workshop 1The significance of preventive measures

Hans G. Nilsson

Prevention of corruption in the Law Enforcement and Justice sector

- specific importance of the sector

- work at international level regarding ethic standards in the police

- …

Sub-theme 5: Workshop 1The significance of preventive measures

Hans G. Nilsson

Sub-theme 5: Preventive measures: a national integrity system

Workshop 1The significance of preventive measures

Hans G. Nilsson

Sub-theme 5: Preventive measures: a national integrity system

Workshop 1The significance of preventive measures

Hans G. Nilsson