The United Nations Convention against Corruption (UNCAC) is the only legally binding international multilateral agreement on the fight against corruption, adopted by the UN General Assembly in October 2003, and which entered into force in December 2005. The Convention recognizes the importance of preventive and repressive measures in the field of anti-corruption, addresses the global issue of corruption through chapters on preventive measures (Chapter II), criminalization and law enforcement (III), international cooperation (IV), property recovery (V), technical assistance and information exchange (VI) as well as UNCAC implementation mechanisms (VII). It was signed by 140 countries, and as of August 2024, it has 191 members.

United Nations Office on Drugs and Crime (UNODC)

The United Nations Office on Drugs and Crime (UNODC) in Vienna, established in 1997 as the UNCAC Secretariat, was created by the merger of the UN Drug Control Program and the Center for the Prevention of International Crime. UNODC was established with the aim of providing assistance to the UN in terms of effective coordination of comprehensive measures aimed at combating the interconnected areas of organized crime, drugs, corruption and terrorism.

UNCAC Evaluation Mechanism

The revision process consists of two five-year cycles:

The first cycle (2010–2015) covered chapter III on criminalization and law enforcement and chapter IV on international cooperation.

The second cycle (initially 2015–2020) covers chapter II on preventive measures and chapter V on asset recovery. Due to significant delays, the UNCAC Conference of Member States decided to extend the duration of the second cycle until June 2024, after which it was extended again.

The country review process follows the following stages:

• Phase I: self-evaluation: UNODC informs the Member State that it is under review. The country identifies a contact point to coordinate the country's participation in the review and then completes a standardized self-assessment questionnaire.
• Phase II: expert evaluation: Two evaluator countries - decided by lot - provide experts to form a team for expert evaluation. The team reviews the completed self-evaluation questionnaire. It may require additional information from the contact point and direct dialogue through conference calls or through the organization of a visit to the country being evaluated.
• Phase III: country review report and summary: With the assistance of UNODC, the expert review team prepares a country review report (80–300 pages) and a summary of this report (7–12 pages). The country review report and summary are sent to the contact point for approval. In cases of disagreement, the evaluators and the contact point enter into a dialogue to reach a consensus final report, which is published in full only with the consent of the country under review. The summary, once finalized by agreement, is translated into the six official languages ​​of the United Nations and published as an Implementation Review Group document.

Conference of States Parties to UNCAC (COSP)

COSP is the main decision-making body in the UN Convention against Corruption.

All states that have ratified UNCAC are automatically part of the Conference of States Parties. Other states (signatories and non-signatories), intergovernmental organizations and non-governmental organizations can apply for observer status at COSP sessions. Member States may actively and fully participate in COSP sessions, including the adoption of resolutions and decisions, either by consensus or voting. Member States may also participate in working groups and expert meetings.

The COSP meets every two years and adopts resolutions and decisions aimed at building the capacity and cooperation of the signatory states to achieve the goals of the convention, as well as promoting and reviewing its implementation, as defined in Article 63 of the UNCAC (Chapter VII, Implementation Mechanisms).

Previous sessions of COSP were in Jordan (2006), Indonesia (2008), Qatar (2009), Morocco (2011), Panama, (2013), Russia (2015), Austria (2017), United Arab Emirates (2019), Egypt (2021) and in the United States of America (Atlanta, Georgia, 2023). The next session is expected in December 2025 in Doha, Qatar.

Overview mechanism for monitoring the implementation of UNCAC in Montenegro

In 2003, Montenegro signed the United Nations Convention against Corruption, and then in 2006, it acceded as an independent country. The Special Intergovernmental Group (IRG) oversees the UNCAC evaluation process to identify challenges and good practices and consider requests for technical assistance and to ensure the efficient and effective implementation of the Convention. The Agency, on behalf of Montenegro, coordinates the implementation of the aforementioned instruments that have direct implications for reforms of the legislative and institutional framework in Montenegro.

Montenegro is in the process of finalizing the evaluation of the implementation of two UNCAC chapters within the II cycle: Preventive measures and property restitution, which began at the end of 2019. At that time, it was determined by drawing that Estonia and Iraq were evaluating Montenegro, and the entire process at the state level was coordinated by the Agency. During 2020, the Agency finalized the Questionnaire for self-evaluation for the implementation of the relevant chapters of UNCAC, in cooperation with about 15 competent institutions and bodies of Montenegro. These materials were sent to the Secretariat of the review mechanism - UNODC, which were then analyzed by government experts from the countries conducting the assessment (Estonia and Iraq). During the visit, the experts, in addition to representatives of the Agency, also met with representatives of the Ministry of Justice, Human and Minority Rights, the Judiciary, the Financial Intelligence Unit of the Police Directorate, the Ministry of Public Administration, the Agency for the Protection of Personal Data and Free Access to Information, etc.

After the visit, representatives of the Agency continued communication with representatives of UNODC on several occasions with the aim of further work on the report for Montenegro. During this year, after the adoption of the new Law on Prevention of Corruption and the Strategy for Combating Corruption (2024-2028), the Agency updated all outdated information within the summary provided by the UNODC representative. In the past few months, the representatives of the UNODC Secretariat informed the Agency that there were no further additional questions and comments from the evaluator on the prepared Evaluation Report of Montenegro, and that the translation of the Draft Summary of the Report into six United Nations languages ​​will follow.

The summary was published in English on the UNODC official website, and below are recommendations for Montenegro, some of which our country has already fulfilled, such as adopting a new Strategy for the fight against corruption and finalizing the revision of the Law on Lobbying.

Transparency Pledge Initiative

On August 4, 2022, the then Minister of Justice of Montenegro, Marko Kovač, signed the "Transparency Pledge" of the implementation process of the UN Convention against Corruption, the so-called Transparency Pledge, which ensures the openness of the process and improves the cooperation of state institutions with the civil sector, on behalf of the Government of Montenegro, at the initiative of the UNCAC coalition.

The promise of transparency requires the signatory countries to comply with the following six points:

1. We will publish an up-to-date evaluation schedule of our country on the implementation of the Convention;
2. We will publish data on the institution/contact person that coordinates the process of monitoring the implementation of the UN Convention;
3. We will publish information about the completed rounds of evaluation and indicate where the final report can be found;
4. We will publish updated lists for self-assessment and a complete Report on the implementation of the UN Convention in the languages ​​of the United Nations and a summary in the Montenegrin language;
5. We will organize meetings with civil society and public discussions on the findings of the Report;
6. We will publicly support the participation of observers from civil society in UNCAC subsidiary bodies

So far, 39 countries have joined theTransparency Promise, including Germany, France, Italy, the Netherlands, the United Kingdom, Mexico, Afghanistan, etc., and North Macedonia, Slovenia and Bulgaria from the surrounding area.

Which of the above has the Agency implemented?

All information about the II evaluation cycle was published continuously on the Agency's official website, including the announcement about the evaluation visit: https://www.antikorupcija.me/me/biblioteka/arhiva-novosti/2204011248-zavrsena-ekspertska-misija-koja-ocjenuje-primjenu-konvencije-un-protiv-korupcije/.

The Agency is continuously committed to engaging the civil sector in its work, which was also the case in connection with the UNCAC evaluation for Montenegro. Specifically, the Agency invited six non-governmental organizations to attend the meeting within the framework of the expert mission that took place from March 29 to 31, however, only three non-governmental organizations responded to our invitation and attended the meeting with the UNODC representatives, which was organized behind closed doors. Invitations were sent to the following NGOs: Center for Civil Liberties, Center for Research and Monitoring, Center for the Development of Non-Governmental Organizations, Center for Civic Education, Civic Alliance and the Alternative Institute, of which the Civic Alliance, the Center for the Development of Non-Governmental Organizations and the Alternative Institute responded to the invitation and attended the aforementioned meeting.

The Agency supports the active role of civil society observers in UNCAC's auxiliary bodies, because we believe that this would increase the transparency and objectivity of the process, and by signing the Transparency Pledge, Montenegro recognized the importance and participation of the civil sector, and we will express our support in the coming period.

UNCAC coalition

The UNCAC Coalition is a global network of nearly 400 civil society organizations from more than 120 countries. The network was founded in 2006, and is dedicated to promoting the ratification, implementation and monitoring of the UN Convention against Corruption. Detailed information is available at the link: https://uncaccoalition.org/about-us/about-the-coalition/