The Department of Personnel and Training (DoPT) has invited for the assignment of ‘Self Evaluation Study’ of India’s status of compliance of provisions of the United Nations Convention Against Corruption(UNCAC) and preparation of ‘Country Response’ to the ‘Comprehensive Self Assessment Checklist’ (SACL) for submission to the United Nation’s Office on Drugs and Crime (UNODC) under the UNCAC review mechanism. Thus, once completed, the study would be submitted to the United Nations Office on Drugs and Crime.
What is United Nations Convention Against Corruption (UNCAC)?
- The United Nations Convention against Corruption (UNCAC) is a universal legal instrument to deal with the menace of Corruption including corruption at the global level. This Convention was adopted by the UN General Assembly on 31st October 2003 and entered into force on 14th Dec 2005. The Convention and its provisions are legally binding on countries which have acceded to it or have ratified the same. India signed the UNCAC on 9 th Dec 2005 and ratified the same by deposit of instrument of ratification on 9 th May 2011 with the Secretary General of the United Nations. With ratification India has become obligated to implement the provisions of the Convention after acceptance of the instrument of ratification. There are at present 160 States Parties to the UNCAC who have either ratified or acceded to the UNCAC, including India.
Are all the provisions under UNCAC mandatory?
- No. All provisions of the UNCAC are not mandatory. Some are mandatory, some Recommendatory in the sense that the State Parties are encouraged to implement them and some are optional.
Has India ratified the convention?
- YES. India, is one of the 160 countries which adopted the UN Convention. India ratified it on May 9, 2011. Since India has ratified the UNCAC, India is duty-bound to take steps to fight corruption.
Does Prevention of Corruption Act in India provide measures for the private sector as well?
- While the Prevention of Corruption Act does provide for measures to deal with corrupt government officials and public servants, it is silent on corruption in the private sector.