The Socio-Economic Rights and Accountability Project (SERAP) has urged nations, which are parties to the United Nations Convention against Corruption to “take steps to review the convention in a manner that will ensure that victims of corruption receive appropriate remedies and compensation for the devastating effects it causes disadvantaged groups.”
In a presentation by SERAP Executive Director, Mr. Adetokunbo Mumuni, to a delegates, convention on corruption in Vienna, Austria recently, the organisation said: “Both articles 34 and 35 of the convention, which require states to address the consequences of corruption and pay compensation to victims seem to give considerable latitude to countries in determining the parameters of their application by subjecting these to the fundamental principles of the state’s domestic law.”
“The problem is that there are huge gaps in the laws of many states, including my own country Nigeria, that has failed to effectively implement these provisions despite the fact that Nigeria has ratified the convention,” the organisation stated to the gathering of the states’ delegates known as the International Review Group.
The Implementation Review Group held its fourth session in Vienna from 27 to 31 May 2013 The group was established by the Conference of the States Parties to the United Nations Convention against Corruption in its resolution 3/1, entitled “Review mechanism”, as an open-ended intergovernmental group of States parties to operate under its authority and report to it. The Group’s mandate is to ensure effective implementation of the convention
According to the organisation, “articles 34 and 35 provisions are far reaching, and will undoubtedly enhance deterrence by creating additional weapons: civil and administrative sanctions but their potential will not be realised unless states exercise the required political will to make necessary changes in their laws.
“Articles 34 and 35 provisions are written exactly for regions like Africa (including my country Nigeria) where large scale corruption has had huge consequences in terms of undermining the well-being of the citizens and denying them the chance for personal development and prosperity. These victims of corruption hardly receive any compensation.”
The group added that: “The two articles signal a resolve on the part of negotiators of the UNCAC to unleash the power of private civil litigation and collateral legal and administrative sanctions on persons that commit corrupt practices. Moreover, recalling the difficulties associated with the investigation and prosecution of offences, the evidence obtained from civil trials could be used in on-going investigations or in future criminal trials.”
Based on this, SERAP urged the representatives of states parties to: “Develop guidelines to encourage a consistent and universal enforcement of articles 34 and 35 provisions on the domestic front in a manner that will favour victims of corruption. Suggested elements of any such guidelines may include reaffirmation of commitment by states parties to the provisions of articles 34 and 35 in particular and the UNCAC in general; specific commitment to review and harmonise national laws to implement articles 34 and 35 provisions in a way that will allow victims of corruption to seek remedies before national institutions and courts, as well as commitment to involve civil society groups in the review and harmonisation of any such laws; ensure that their governments enact national laws on civil remedies against corruption.
This will be fulfilling the requirements of Articles 34 and 35. States should also consistently encourage victims of corruption to use the human rights framework to file cases for compensation not only against multinational corporations but also against corrupt public officials; establish a complaint mechanism for victims of corruption within the context of the UN Convention against corruption to allow victims to file complaints before this body. This is clearly feasible and practicable if there is necessary political will to make it happen; establish a global trust fund for victims of corruption. This is already happening for victims of international crimes recognised under the Rome Statute of International Criminal Court. There is no reason why the same cannot be done in serious cases of corruption. Trust funds for victims of corruption would help to address the developmental needs of the victims of corruption.”
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