Statement by Germany
Statement by Mr. Axel Küchle, Head of Delegation, Federal Republic of Germany,
in Marrakesh, Morocco
on the occasion of the Fourth session of the Conference of the States Parties
to the United Nations Convention against Corruption
from 24 to 28 November 2011 in Marrakesh, Morocco
Excellencies, distinguished delegates, ladies and gentlemen,
On the outset, Germany would like to express her appreciation to the Government of Morocco for hosting the fourth session of the Conference of the States Parties under the high patronage of His Majesty King Mohammed VI. My delegation congratulates the new President of the Conference to his election. Germany is also grateful to UNODC and to the Secretariat for organizing this States Parties Conference so diligently.
The preceding speakers have already underlined eloquently the need to combat corruption on an international scale. We would like to vividly join in by highlighting that the challenge of globalisation, which has been clearly demonstrated once again by the international financial crisis, can only be met if society is not undermined by corruption. Democracy, the rule of law, guaranteeing human rights and efficient markets require systems that are free of corruption. Let me also underline the important role of the UN Office for Drugs and Crime in fostering and promoting the implementation of the Convention by its Member States.
The subject of a “mechanism for the review of implementation“ already occupied us at the last session of the Conference of the States Parties and it continues to do so, despite significant progress which Germany fully appreciates. The way the review mechanism works determines how successful we are in countering corruption in the UNCAC framework. The Implementation Review Group, meanwhile, meets regularly and produces substantive work. The German contribution to these meetings is highly appreciated and Germany can bring a lot of experience to the table. This experience is based on many years of national anti-corruption work, on a sophisticated set of national legal rules and procedures on which we can build on to curb corrupt behaviour. Our experience further benefits from a very substantial delivery of technical assistance to partner countries that work on improving their own anti-corruption systems.
Ladies and Gentlemen,
Asset recovery will be one of the major discussion points of this Conference. We do appreciate the work of the open-ended intergovernmental working group and regard asset recovery as a necessary tool to get hold of assets that have been stashed away by influential culprits of corrupt acts.
Based on constitutional procedural reasons, Germany unfortunately is not able to ratify UNCAC before our law fulfills all requirements of the Convention. However, we do fullfill most of these requirements.
This is especially true for chapters IV and V of UNCAC. We have noted that these chapters are of great interest for many States Parties.
Please let me use this opportunity to ensure you that we support any kind of international cooperation and mutual legal assistance. We think that the working group on asset recovery could even more concentrate on these issues in the future.
The German government also welcomes the effort put into the important issue of preventing corruption. As young people of today will bear responsibility in societies, politics and economies of tomorrow, raising awareness amongst the youth is forwardlooking, valid and should certainly not be neglected. Document CAC/COSP/2011/12 offers a detailed insight to this. However, Germany believes that we should yet be more ambitious. We think that we have to address more prominently what we can do in order to promote and enhance transparency and good governance. Preventing corrupt behaviour among public officials as well as in the private sector is our task today. Hence, the main focus of preventive measures should be on strengthening the capacity and integrity of those sectors.
Allow me to add a word on the participation of observers: in our understanding, especially for the fight against corruption, transparency and openness are key. That is why we see the participation of observers and non-governmental organisations as the only sustainable solution. In accordance with Rule 14 of the Rules and Procedures, observers should participate in both the Conferences of the States Parties and the meetings of the Implementation Review Group. Should this conference, however, decide to exclude observers from the participation in any of the IRG meetings, my government unfortunately would have to reconsider her contribution to UNODC for the implementation of the UN Convention against Corruption.
Ladies and Gentlemen,
Combating corruption is an explicit aim of German development policy and an essential part of good governance. Corruption is one of the main obstacles to development and undermines the effectiveness of our bilateral and multilateral development cooperation severely. It is a topic that touches nearly all areas of our work and is challenging the development potential of our partners.
That is why we do not tolerate corruption, at all levels. That means for us to secure the highest standards of integrity, transparency and accountability to protect and safeguard our aid funds. This follows not only the commitments Germany entered under UNCAC, but also the 2005 Paris Declaration on Aid Effectiveness and its successor, the 2008 Accra Agenda for Action.
Another goal is to support partner institutions in their efforts to prevent and contain corruption in the broader context of promoting good governance reform.
For this purpose, Germany supports partner countries in the implementation of international anti-corruption agreements, with the UN Convention at the centre. The German Federal Ministry for Economic Cooperation and Development currently supports 33 partner countries in strengthening democracy, civil society and public administration.
These include:
Ø Support of the UNCAC gap analysis in Colombia, Indonesia, Bangladesh, Kenya, and Ghana
Ø Support of the Anti-Corruption Commissions in Indonesia and Kenya
Ø Support in the implementation of an internet-based whistleblowing system in Morocco
Ø A global programme on anti-corruption and integrity that works with national and international partners to network, develop and test instruments and approaches to prevent and fight corruption, and also to enhance integrity within public administration. The results of this work are then made available to the global anti-corruption community. The German Government supports the Bangalore Principles for Judicial Conduct which are intended to provide guidance to judges and to offer the judiciary a framework for regulating judicial conduct.
In order to be able to provide for targeted and effective assistance – and to ensure that such assistance will also be provided in the futurewe have to ensure the best conditions possible.
- In this respect Germany's full particitation in the work of the Implementation Review Group is an indispensable prerequisite. For that reason I would once again underline the urgency to find a solution to the question of participation of observers in the work of the IRG.
-Asuccessful fight against corruption is only possible in synergy with all our partners. This is why we work in close cooperation with our government partners and, of course, with key partners from the private sector and civil society. To this end my delegation hosted this morning a side event to consult with partners on the “Emerging Anti-Corruption Strategy of German Development Cooperation”.
Ladies and Gentlemen,
To conclude, let me emphasize that Germany will continue to promote the fight against corruption through political, legal and with development instruments, bilaterally and multilaterally. We are convinced that a focused approach, which applies UNCAC as a broad framework while supporting regional policy initiatives and operational networking, is the most promising strategy.
I thank you for your attention.