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UGLJESA UGI ZvEKIÓ
in 2015 and covers the chapters on Preventive Measures and Asset Recovery.
Summary report of the first cycle was made available while the country reports
are confidential although the Governments may decide to make them accessible
to the public at large.
WHAT IS LACKING?
As noted the review mechanism for UNTOC still has not started with the
implementation while that of UNCAC is operating since 2010 and is now in íts
second cycle.
1he findings ofthe UNCACS first cycle review are positive in terms of the efforts
on the part of the countries to introduce changes in domestic anti-corruption
legislation although to a much greater extent when it comes to the mandatory
(and more traditional corruption offences) rather than to the optional corruption
offences (less traditional ones). Ihe use of special investigative technigues is rather
limited and law enforcement cooperation very limited. There is a lack of systematic
data of various sorts in order to assess the patterns and trends of corruption as
well as the responses to it.
There is also a need to make country reports public and transparent.
But moreover, in view of the increasing link between organized crime and
corruption there is an urgent need to promote in practice cross-fertilization and
coordination between the two review mechanisms.
The Role of the Civil Society
Am important issue of concern is the role of civil society in the review process.
The key role played by civil society in the Universal Periodic Review of the UN
Declaration-Charter of Human Rights is of fundamental importance. The country
under review prepares a report on the state of human-rights issues there. The
charter envisages a mandatory role for civil society. In other words, there is a
compulsory report that must be prepared by civil-society actors on issues of
human rights in the countries reviewed. Therefore, the Charter recognizes the
important role of civil society.
It is not that the Universal Periodic Review is unproblematic. Human rights
are politically very sensitive and some governments tend to be uncooperative
with civil society. It is not that the review process works perfectly by any means.
However, the fact remains that the instrument itself, the Charter, recognizes and
mandates the role of civil society.
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