Antigua and Barbuda’s Implementation of Chapter IV of UNCAC: A Report from the International Review Group (IRG)

Overview

In 2016, the International Review Group (IRG) of the United Nations Convention against Corruption (UNCAC) submitted a report to the Conference of the States Parties (COSP) on Antigua and Barbuda’s implementation of Chapter IV of UNCAC. This chapter focuses on international cooperation, and the report provides an assessment of the country’s progress in this area.

Successes and Good Practices

While there are areas for improvement, Antigua and Barbuda has demonstrated some successes in implementing Chapter IV of UNCAC:

• Cooperation with Other Law Enforcement Agencies: The country has cooperated effectively with other law enforcement agencies in cases involving money-laundering and corruption. This cooperation is crucial for combating transnational organized crime.
• Mutual Legal Assistance Act: The Mutual Legal Assistance Act sets out that assistance concerning offenses included in international treaties are exempted from being considered an offense of a political nature. This provision facilitates cooperation with other States parties.

Challenges in Implementation

Despite the successes, there are challenges that Antigua and Barbuda needs to address to ensure full implementation of UNCAC:

• Use of UNCAC as Basis for Extradition and Mutual Legal Assistance: The country should consider using UNCAC as the basis for extradition and mutual legal assistance. This would strengthen cooperation with other States parties.
• Notification of Central Authority and Acceptable Language: Antigua and Barbuda should notify the Secretary-General on the central authority for mutual legal assistance and the language acceptable for receiving requests. This is a requirement under UNCAC.
• Legislation to Transfer Criminal Proceedings: Legislation is needed to transfer criminal proceedings, and agreements on the transfer of sentenced persons should be entered into.

Technical Assistance Needs

To address these challenges, Antigua and Barbuda requires technical assistance in the following areas:

• Legislative Drafting Assistance: The country needs legislative drafting assistance to incorporate provisions of UNCAC into domestic legislation.
• Capacity-Building for Inter-Agency Coordination: Capacity-building is required for inter-agency coordination concerning international cooperation on the basis of UNCAC. This would enhance the country’s ability to implement Chapter IV effectively.

Conclusion

The IRG report highlights areas where Antigua and Barbuda has made progress in implementing UNCAC, but also identifies challenges that need to be addressed. With technical assistance and a commitment to addressing these challenges, the country can ensure full implementation of the Convention and strengthen its cooperation with other States parties.