Know about United Nations Convention against Corruption Part One – India has not signed the convention already 140 countries signed it

Know about United Nations Convention against Corruption Part One –
India has not signed the convention
already 140 countries signed it

India has not acceded to the UN convention against corruption.
This convention, which came into force in 2005, has 140 countries on its list.
The official reason is that India has not yet brought its domestic laws in line with the international convention.


If India signs the convention it will become very easy for India to bring back black money which is kept in tax heaven countries.

Under the convention, asset recovery is a fundamental principle, Article 51 provides for the return of assets to countries of origin as a fundamental principle of this convention.

The convention requires signatories to put in place certain preventive measures – like enhanced transparency in funding election campaigns and political parties

Corruption is an insidious plague
Corruption undermines democracy and the rule of law, leads to violations
of human rights, distorts markets, erodes the quality of life and allows organized
crime, terrorism and other threats to human security to flourish.

Corruption is a key element in economic underperformance and a major obsta-
cle to poverty alleviation and development.

Corruption hurts the poor disproportionately by diverting funds intended for
development, undermining a Government’s ability to provide basic services,
feeding inequality and injustice and discouraging foreign aid and investment.

Understanding United Nations Convention against Corruption

The United Nations Convention against Corruption Convention introduces a comprehensive set of standards, measures and rules that all countries can apply in order to strengthen their legal and regulatory regimes to fight corruption. It calls for preventive measures and the criminalization of the most prevalent forms of corruption in both public and private sectors. And it makes a major breakthrough by requiring Member States
to return assets obtained through corruption to the country from which they
were stolen.

United Nations Convention against Corruption
Preamble

The States Parties to this Convention,

Concerned about the seriousness of problems and threats posed by corruption to the stability and security of societies, undermining the institutions and
values of democracy, ethical values and justice and jeopardizing sustainable
development and the rule of law,

Concerned also about the links between corruption and other forms of
crime, in particular organized crime and economic crime, including money-
laundering,

Concerned further about cases of corruption that involve vast quantities of
assets, which may constitute a substantial proportion of the resources of States,
and that threaten the political stability and sustainable development of those
States,

Convinced that corruption is no longer a local matter but a transnational
phenomenon that affects all societies and economies, making international co-
operation to prevent and control it essential,
Convinced also that a comprehensive and multidisciplinary approach is
required to prevent and combat corruption effectively,

Convinced further that the availability of technical assistance can play an
important role in enhancing the ability of States, including by strengthening
capacity and by institution-building, to prevent and combat corruption
effectively,

Convinced that the illicit acquisition of personal wealth can be particularly
damaging to democratic institutions, national economies and the rule of law,

Annex
United Nations Convention against Corruption6

Determined to prevent, detect and deter in a more effective manner inter-
national transfers of illicitly acquired assets and to strengthen international co-
operation in asset recovery,

Acknowledging the fundamental principles of due process of law in criminal
proceedings and in civil or administrative proceedings to adjudicate property
rights,

Bearing in mind that the prevention and eradication of corruption is a
responsibility of all States and that they must cooperate with one another, with
the support and involvement of individuals and groups outside the public sec-
tor, such as civil society, non-governmental organizations and community-based
organizations, if their efforts in this area are to be effective,

Bearing also in mind the principles of proper management of public affairs
and public property, fairness, responsibility and equality before the law and the
need to safeguard integrity and to foster a culture of rejection of corruption,
Commending the work of the Commission on Crime Prevention and
Criminal Justice and the United Nations Office on Drugs and Crime in pre-
venting and combating corruption,

Recalling the work carried out by other international and regional organi-
zations in this field, including the activities of the African Union, the Council
of Europe, the Customs Cooperation Council (also known as the World Cus-
toms Organization), the European Union, the League of Arab States, the Or-
ganisation for Economic Cooperation and Development and the Organization
of American States,

Taking note with appreciation of multilateral instruments to prevent and
combat corruption, including, inter alia, the Inter-American Convention
against Corruption, adopted by the Organization of American States on
29 March 1996,
1
the Convention on the Fight against Corruption involving
Officials of the European Communities or Officials of Member States of the
European Union, adopted by the Council of the European Union on 26 May
1997,
2
the Convention on Combating Bribery of Foreign Public Officials in
International Business Transactions, adopted by the Organization for Economic
Cooperation and Development on 21 November 1997,
3
the Criminal Law

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Monday, April 11, 2011

Keywords Tags - United Nations Convention against Corruption