Fight against graft: govt to give progress report to world

After its ratification of the United Nations convention against corruption in May last year, India has to detail member countries on steps it has taken in fighting graft

GN Bureau | June 7, 2012



After the government deftly ducked several volleys fired by graft crusader Anna Hazare, it has finally some answers to give to the United Nations as what steps it has taken to fight the menace of corruption in the country. After its ratification of the United Nations convention against corruption (UNCAC) in May last year, the country has to convince the world as well on how it is tackling graft.

The government has set into motion an exercise to showcase the steps it is taking through legislative and administrative measures for prevention of corruption as the convention mandates sanctions against corruption as criminal offence. It is engaging a reputed academic research organisation to prepare an independent report card.

The convention requires the governments to make a self-assessment of compliance and implementation of the provisions of UNCAC and submit it for vetting by the nominated governmental experts of two peer countries.

The department of personnel and training (DoPT) that handles CBI and various anti-corruption laws including the pending Lokpal Bill has sought to engage an independent reputed agency already engaged in academic research for carrying out evaluation through a "comprehensive self-assessment checklist”.

It has issued an advertisement inviting the interested agencies to submit an "expression of interest" (EoI) for undertaking the task. Once selected, the agency will have to produce its assessment report within 36 weeks from the date of acceptance of the assignment. It will be also required to submit monthly progress report to the department.

The major task of the agency will be to provide a status report on the extent of compliance of the provisions of the UNCAC and bring out gaps and suggesting remedial actions.

Pointing out that some parts of UNCAC are mandatory, some recommendatory and some optional, the department officials said the agency was being engaged to get an independent view, though its own internal evaluation based on a broad approach indicated that the domestic laws are substantially compliant of the mandatory provisions of the UN convention.

They said India was currently lacking only in two areas of the bribery to the foreign public official and the bribery in private sector. "The process of corrective course of action is currently on in respect of these issues," says a note prepared by the department, but without giving details as it says "the relevant documents will be shared at a later stage after evaluation of EoIs with the shortlisted agencies."

The convention requires the governments to tell the UN what specific measures they are taking for recovery of proceeds of crime and stolen assets through mutual legal assistance and extradition treaties, the officials said.

They claim that the existing Indian laws and administrative initiatives — like the Prevention of Corruption Act 1988, Indian Penal Code, Criminal Procedure Code, Prevention of Money Laundering Act, Right to Information Act, Extradition Act, Companies Act, Central Vigilance Commission (CVC) Act, banking laws and Delhi Special Police Establishment Act that governs the CBI — meet most of the requirements envisaged in the UN convention.

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