After two years, 130 countries including the Philippines completed the negotiation for a landmark United Nations Convention Against Corruption.

After two years, 130 countries including the Philippines completed the negotiation for a landmark United Nations Convention Against Corruption.

The final text will be scrutinized by the concerned ministries of individual governments before they initiate a formal approval process.

In the Philippines, those that will be directly involved are the Department of Justice and the Department of Foreign Affairs. After they have vetted the text, it will be sent to the Senate for ratification.

Will the Senate approve it?

Among the proposed provisions are:

First, criminalization. Governments are required to criminalize the bribing of their own and foreign public officials as well as embezzlement and money laundering.

Second, prevention. Measures to prevent corruption must be taken by governments including rules that promote integrity among public officials and increase the participation of civil society in the fight against corruption.

Third, international cooperation. Governments are required to provide practical channels for the extradition of persons accused of corruption, exchange of evidence regarding corruption offenses, and recovery of assets acquired by corrupt public officials.

Fourth, implementation. Governments are required to monitor the implementation of the convention and to share expertise and experience in anticorruption efforts.

Although the onus will be borne by governments, there are provisions that will penalize collusion to commit corrupt practices between government officials and private persons and entities.

The specifics of implementation are left to individual governments but these will have to conform to the major provisions of the convention.

Like all UN conventions, it will come into force once a predetermined number of countries have acceded to it.

In the negotiation of the convention, existing international anticorruption efforts were taken into account. Among them are the G8, the Organization for Economic Cooperation and Development and the Organization of American States agreements to combat corruption.

Finally, there will be a country-by-country UN report on corruption that will track national efforts. There are no sanctions except the loss of international prestige and respect.

We do not want to preempt nor prejudge the Senate but recent experience regarding the crafting and eventual passage of the law against money laundering makes us doubtful that the convention will pass easily. But fortunately, even if the Senate refuses to ratify the convention, it will eventually become binding on the Philippines. Unless of course, like the US in regard to the International Criminal Court, we are able to negotiate bilateral exemption from some of its provisions. But if that happens, then the Philippines would become a pariah among nations.

The best course of action for the Senate will be to ratify the convention without reservations and to modify our statutes accordingly.

That will show the world—and our people—that we are serious about eliminating the scourge of corruption.

The Manila Times, August 15, 2004