THE FOURTH ANNUAL CONFERENCE AND GENERAL MEETING
OF THE INTERNATIONAL ASSOCIATION OF ANTI-CORRUPTION AUTHORITIES
MACAO, 2-5 NOVMBER 2010
MACAO DECLARATION
We, the Representatives of the Anti-Corruption Authorities of 157 Member States of the United Nations and regions, and of 14 International Organizations, gathered in Macao, China, for the Fourth Annual Conference and General Meeting of the International Association of Anti-Corruption Authorities (IAACA) devoted to “international cooperation” (Chapter IV of UNCAC):
Recalling General Assembly resolution 58/4, by which the Assembly adopted the United Nations Convention against Corruption and established 9 December as the International Anti-Corruption Day,
Recalling also all relevant United Nations General Assembly and Economic and Social Council resolutions calling for the expeditious ratification and full implementation of the United Nations Convention against Corruption (UNCAC),
Recalling further our Beijing, Bali and Kiev Declarations, as well as the recommendations made by the side-event of the Conference of the States Parties to the United Nations Convention against Corruption (CoSP), held in Jordan and co-organized by UNODC and IAACA,
Aware of the importance of the resolutions adopted by the CoSP at its first, second and third sessions,
Convinced of the significant contributions that civil society and relevant professional organizations can make to the effective implementation of the UNCAC,
1. Express our gratitude to the Prosecutor General's Office of Macao Special Administrative Region of the People's Republic of China for hosting the Fourth Annual Conference and General Meeting of IAACA, as well as our deepest appreciation to the Government and People of China for their warm hospitality;
2. Express also our appreciation to the Government of Brazil and in particular the General Comptroller's Office for hosting the meeting of the Executive Committee of the Association in Salvador in April 2010;
3. Emphasize the crucial importance of effectively implementing international cooperation measures, in compliance with the provisions contained in Chapter IV of UNCAC, as a major obligation and responsibility of States Parties, as well as a crucial complement to the preventive and criminal law measures of the Convention;
4. Recognize that international cooperation measures can be effectively pursued in the context of a fully functioning, modern, fair, efficient and humane criminal justice system, which respects and protects human rights and promotes the rule of law;
5. Welcome with satisfaction the fact that 148 countries have ratified or acceded to the UNCAC and urge the Governments and Parliaments of those countries that have not yet done so to expedite the required internal procedures in order to ratify or accede to the Convention as soon as possible, in order to attain the goal of universal adherence to the Convention;
6. Take note with appreciation of the outcome of the Sixth Global Forum of Fighting Corruption and Safeguarding Integrity, held in Doha in November 2009, invite anti-corruption authorities to implement its relevant recommendations, and welcome the decision to conclude the Global Forum Initiative, in order to consolidate international action against corruption and enable the Conference of the States Parties to the UNCAC to maximize its potential and impact;
7. Welcome also, with great satisfaction and even greater expectations, the important decisions of the Conference of the States Parties at its third session, held in Doha in November 2009 and endorsed by the United Nations General Assembly at its 64th session;
8. Express our satisfaction at the establishment of the Implementation Review Mechanism of the UNCAC and pledge our unwavering support to its full and effective functioning;
9. Commend UNODC for its exceptional work in performing the functions of the Secretariat of the Conference of the States Parties and its subsidiary bodies;
10. Re-emphasize the crucial role of the Conference of the States Parties and reiterate our call upon the Executive Committee of IAACA, in consultation with the Secretariat of the Conference, to seek appropriate ways of establishing close collaborative links between IAACA and the Conference with a view to enhancing the involvement and contribution of IAACA and its members in the implementation of the Conference's recommendations;
11. Call upon all States Parties to the UNCAC to develop and implement appropriate programmes of work to maintain, sustain and strengthen the momentum generated by the Convention, especially in the periods between the regular sessions of the Conference;
12. Recommend that anti-corruption authorities participate actively in efforts to develop and refine scientific methods of measuring corruption through accurate and objective data on its occurrence and impact, and invite UNODC to support this process;
13. Stress the importance of the decision of the Conference of the States Parties at its third session to integrate technical assistance in the work of the Implementation Review Group and emphasize the use of the Comprehensive Self-Assessment Checklist for the identification of technical assistance requirements of States Parties, especially those of anti-corruption authorities;
14. Welcome the decision of a number of States Parties to use the Checklist for the conduct of comprehensive gap analyses and the development of national strategies and plans of action to fill those gaps;
15. Encourage UNODC to continue to provide developing countries and countries with economies in transition upon their request with a wide range of capacity-building assistance, technical expertise and policy advice. To this effect, we recommend that multilateral and bilateral providers of technical assistance should mainstream the Convention into their relevant work and increase the resources devoted to supporting developing countries in implementing the Convention in general, in close cooperation with UNODC and IAACA, with a view to maximizing the use of their respective expertise;
16. Urge States Parties to put into place the required laws and policies to ensure that anti-corruption authorities, including those bodies specialized on combating corruption through law enforcement, exercise their functions with the necessary independence, with secured and stable funding, specialized staff and professional training, so as to carry out their tasks effectively and free from any undue influence, in accordance with articles 6 and 36 of the Convention;
17. Urge also States Parties to maintain the appropriate balance in the mandate of their anti-corruption bodies, paying due attention to their critical preventive role and to their crucial law enforcement functions, as appropriate, which are fundamental for the application of the relevant provisions of the Convention and for enhanced international cooperation;
18. Call upon Governments to institute the relevant reforms that promote the required professionalism of their law enforcement and prosecutorial authorities, the independence and integrity of the Judiciary, as well as the prevention of conflict of interest in public office, freedom of access to information, transparency and accountability in public administration, as these are essential pillars for the effective prevention and combating of corruption;
19. Welcome national, regional and international initiatives to promote anti-corruption training and education, and commend the Secretary-General of the Association for concluding agreements or arrangements of strengthened cooperation with relevant institutions and organizations;
20. Reiterate our invitation to the Executive Committee of IAACA to explore the possibility of launching a specialized Journal which would contain landmark anti-corruption and anti-money-laundering court decisions, as a tool for practitioners;
21. Express satisfaction at the functioning of the joint UNODC and World Bank StAR Initiative and call upon all States to continue to actively support the Initiative and the full implementation of the provisions of the Convention on asset recovery;
22. Express also our deepest appreciation to relevant international organizations, civil society and the media in raising public awareness about UNCAC and the seriousness of the various manifestations of corruption, as well as in extending support and cooperation to IAACA and to the Conference of the States Parties, and underscore the importance of protection of witnesses, experts, victims, prosecutors, judges and any other persons engaged in anti-corruption activities;
23. Approve the enlargement of the Executive Committee, as decided at our previous General Meeting and endorse its recommendations;
24. Decide to establish a task force to develop a work plan for the Association, drawing on the draft circulated at the conference and any comments or suggestions which members may submit to the Secretariat;
25. Mandate the task force to conclude its work and submit a revised work plan to the Executive Committee no later than six months before the next annual conference and general meeting, and request the Executive Committee to review and circulate the revised work programme to all members no later than three months before the next annual conference and general meeting;
26. Decide that the text of this Declaration be widely circulated by the relevant anti-corruption authorities in our respective countries and that it should be submitted to the Conference of the States Parties to the United Nations Convention against Corruption, as well as to the General Assembly and other relevant bodies of the United Nations.