Thursday, August 04, 2011

UN Convention Against Corruption

United Nations Convention Against Corruption
(UNCAC)

In accordance with article 68 (1) of resolution 58/4, the United Nations Convention against Corruption entered into force on 14 December 2005. A Conference of the States Parties is established to review implementation and facilitate activities required by the Convention.

Cambodia acceded to the UNCAC on 5 September 2007

Convention Highlights

Asset recovery

In a major breakthrough, countries agreed on asset-recovery, which is stated explicitly as a fundamental principle of the Convention. This is a particularly important issue for many developing countries where high-level corruption has plundered the national wealth, and where resources are badly needed for reconstruction and the rehabilitation of societies under new governments. Reaching agreement on this chapter has involved intensive negotiations, as the needs of countries seeking the illicit assets had to be reconciled with the legal and procedural safeguards of the countries whose assistance is sought.

Several provisions specify how cooperation and assistance will be rendered. In particular, in the case of embezzlement of public funds, the confiscated property would be returned to the state requesting it; in the case of proceeds of any other offence covered by the Convention, the property would be returned providing the proof of ownership or recognition of the damage caused to a requesting state; in all other cases, priority consideration would be given to the return of confiscated property to the requesting state, to the return of such property to the prior legitimate owners or to compensation of the victims.

Effective asset-recovery provisions will support the efforts of countries to redress the worst effects of corruption while sending at the same time, a message to corrupt officials that there will be no place to hide their illicit assets. Accordingly, article 51 provides for the return of assets to countries of origin as a fundamental principle of this Convention. Article 43 obliges state parties to extend the widest possible cooperation to each other in the investigation and prosecution of offences defined in the Convention. With regard to asset recovery in particular, the article provides inter alia that "In matters of international cooperation, whenever dual criminality is considered a requirement, it shall be deemed fulfilled irrespective of whether the laws of the requested State Party place the offence within the same category of offence or denominate the offence by the same terminology as the requesting State Party, if the conduct underlying the offence for which assistance is sought is a criminal offence under the laws of both States Parties".


4 comments:

Anonymous said...

After seeing this event ,Then I am urging Mr Hun Sen to do whatever in order to stay in power as long as possible . because If you resign now ,you will suffer the same fate as Mr. Hosni Mubarak and Ben Ali .If you continue to lead country you and your family will be safer . The most importing thing is to manage your bodyguard stronger and and accommodate them as well as possible ,making sure they are satisfying with you.For now you have only two choices ,

1: resigning and let the opposition prosecute and try you ,so this way is not a good solution.

2: Is to make your party and body guard stronger in order to stay in power as long as that you can, if possible manage your sun Hun Manet to take your place instead to offer to other people .Weakening or neutralizing of any form of revolt is absolute necessary, because if you are negligent about this , the unrest could turn your fate into a disastrous .At the same time spread the propaganda in order to put all population in your favor .So there are only this way that can help you and your family .
From your adviser

Anonymous said...

Is to comfort to a goverment or a dick-head to make UN opperation run soooo smooth ( even to step on justice) is a corruption?

Let be a blue Moon!

Anonymous said...

Hold on Hun Sen!

So far, there was no dictator canlast to save their own children!

let you be the first or add up in statistic?

Anonymous said...

Cambodia is not a free country;
it is a Vietnam slave.
if Hun Sen is staying in power
all the rest of his life,Cambodia
will become Champa and Khmer Krom.

Thank Mr.Hun Sen adviser
or Mr.11:47PM

You are Vietnamese or Hun Sen
DOG.