Defenders Of Civil And Human Rights

Supporting The Protection Of Civil And Human Rights In Australia

Treaty Against Corruption

The United Nations on 14 December 2005 passed the Convention Against Corruption which is a Treaty in force in Australia since 6 January 2006.

It is important that every Australian understand the Treaty Against Corruption to be able to protect his or her Civil and Human Rights.

The initial part to the preamble of the United Nations Convention Against Corruption provides as follows:

The State Parties to this Commision,

Concerned about the seriousness of problem and threats posed by corruption to the stability and security of societies, undermining the institutions and values of democracy, ethical values and justice and jeopardizing sustainable development and the rule of law,

Concerned also about the links between corruption and other forms of crime, in particular organized crime and economic crime, including money laundering,

The Treaty against Corruption also provides:

Acknowledging the fundamental principal of due process of law in criminal proceedings and in civil or administrative proceedings to adjudicate property rights,

Bearing in mind that the prevention and education of corruption is a responsibilty of all States and that they must cooperate with one another, with the support and involment of individuals and groups outside the public sector, such as civil society, non government organizations and community based organizations, if the efforts in this area are to be efective,

Bearing in mind the principles of proper management of public affairs and public property, fairness, responsibility and equality before the law and the need to safeguard integrity and foster a culture of rejection of corruption.

Article 2 of the Treaty provides:

For the purpose of the Convention

(a) Public Official shall mean (i) any person holding a legislative, executive, administrative or judicial office of a State Party, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of the person's seniority; (ii) any other person who performs a public function, including for a public agency or public enterprise or provide a public service, as defined in the domestic law of the State Party and as applied in the pertinent area of law of that State Party, (iii) any other person defined as public Official in the domestic law of a State Party. However, for the purpose of some specific measures contined in Chapter II of this Convention, "public official" mau mean any person who performs a public functionor provides a public service as defined in the domestic law of the State Party and as applied in the pertinent area of law of that State Party.

Chapter II Article 5 of the Treaty Against Corruption provides:

Preventive anti-corruption policies and practices

1. Each State Party shall, in accordance with the fundamental principles of its legal system, develop and implement or maintain effective, coordinated anticorruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability.

2. Each State Party shall endevour to establish and promote effective practices aimed at the prevention of corruption.

3. Each State Party shall endevour to periodically evaluate legal instruments and administrative mesuares with the view to determining their adequacy to prevent and fight corruption.

Chapter II Article 6 of the Treaty Against Corruption provides:

Preventive anti-corruption body or bodies

1. Each State Party shall, in accordance with the fundamental principles of its legal system, ensure the existence of a body or bodies, as apropriate that prevent corruption by such means as principles of its legal system, take note of the relevant initiative of regional, interregional and multilateral organizations, such as the International Code of Conduct for Public Officials contained in the annex to General Assembly resolution 51/59 of 12 December 1996.

4. Each State Party shall also consider, in accordance with the fundamental principles of its domestic law, establishing measures and systems to facilitate the reporting by public officials of acts of corruption to appropriate authorities, when such acts come to their notice in the performance of their functions.

5. Each State Party shall endeavour, where apropriate and in accordance with the fundamental principles of its domestic law, to establish measures and systems requiring public officials to make declarations to appropriate authorities regarding inter alia, thier outside activities, employment, investment, assets and substantial gifts or benifits from which a comflict of interest may result with respect to their functions as public officials.

6. Each State Party shall consider taking in accordance with the fundamental principles of its domestic law, disciplinary or other measures against public officials who violate the codes or standards established in accodance with this article.

Chapter II Article 11 of the Treaty Against Corruption provides:

Measures relating to the judiciary and prosecution services

1. Bearing in mind the indipendence of the judiciary and its crucial role in combating corruption, each State Party shall, in accordance with the fundamental principles of its legal system and without prejudice to judicial independence, take measures to strengthen integrity and to prevent opportunities for corruption among members of the judiciary. Such measures may include rules with respect to the conduct of members of the judiciary.

At Defenders of Civil and Human Rights we believe that is of fundamental importance that all Australians be aware of the International laws passed by the United Nations and that an understanding of those laws is very important for the protection of Civil and Human Rights.

Understading the International Laws should be undertaking by all Australians so that Corrupted Judges, Lawyers and Public Servants and Politicians are not able and free to destroy the lives of Australians or able to assist their corrupted connections.