Statement

 By the

Representative of the

Islamic Republic of Iran

Before the

Conference of the State Parties

to the United Nations Convention against Corruption

First session

Agenda Item 2

Review of implementation of the Convention

Amman, 10-14 December 2006

Check against delivery

In the Name of God, the compassionate, the merciful

Mr. President,

            On behalf of the delegation of the Islamic Republic of Iran, I would like to offer you and the other members of the bureau our most sincere congratulations for your election to lead the First Session of Conference of the State Parties to the United Nations Convention against Corruption.

            I would also like to express my thanks to the Government and people of the Hashemite Kingdom of Jordan for hosting this important international meeting.

            Last but not least, I wish to thank and appreciate the UNODC Secretariat for the excellent preparation of this session.

Mr. President,

            Corruption slows and impedes the consolidation of democratic institutions, and weakens the rule of law. It undermines the confidence of people in their governments around the world. Corruption diverts resources from productive use, distorts economies, reduces growth, and causes enormous social tension. It is all too often linked with trans-border criminal activity, including drug trafficking, organized crime, and money laundering. Therefore, it requires us to promote, facilitate and support international cooperation in order to enhance the prevention and combating corruption more effectively, including through assets recovery, advocating integrity, and proper management of public affairs and public property.

            The elaboration and finalization of an international instrument against corruption indicates that the longly desired wish for making a Global Coalition against Corruption has become true. The adoption and interring into force of UN Convention against corruption signals an important step forward in controlling the menace. It is an indicative of an international consensus that corruption is no more a local crime and that it is a crime with transnational dimensions. Therefore, all states shall work together to prevent and combat it in a comprehensive manner both at national and international levels.

Mr. President,

             The Islamic Republic of Iran is a signatory to the UN Convention against Corruption. The legal procedure for ratification of the Convention by the Parliament has been already in progress and the final decision to ratify it, is to be made by the Expediency Council very soon. My country had an active role in the process of negotiation of the Convention and is very eager to see the full implementation of this unique legal instrument. We believe that the Convention provides an effective legal framework for multilateral cooperation against corruption, including through mutual legal assistance for confiscation and extradition of illegally acquired assets. Since asset recovery and restitution of proceeds of crime to their legitimate owners is a fundamental principle of the Convention, necessary measures shall be taken to make this principle materialized.

Mr. President,

      Prevention and fighting corruption has been inserted in the constitution of the Islamic Republic of Iran, as one of its main principles; separation of power and independence of the Judiciary has been guaranteed, and different mechanisms have been instituted to monitor and supervise the activities of executive and administrative bodies in order to prevent corruption and ensure their smooth functioning.

            Moreover concrete ways and means of public monitoring of government in a modern Islamic Society have been provided in the constitution. The appropriate procedure to implement and apply the aforementioned principles is predicted in codified legal provisions.  

            The Constitution has also conferred upon the Parliament the right to probe into and investigate in all affairs of the country. The Parliament is entitled to monitor all domestic and foreign interactions and relations of the Government .In addition, the State Auditing Agency, a constitutionally-built monitoring body which has the authority to audit budgets and expenditures of Ministries and other public bodies and institutions, functions under the aegis of the Parliament.

      It is noteworthy that the executive branch has its own internal monitoring system consisting of Ministry of Finance and Economic Affairs, and Accounting Organization which check the activities of State-run corporations and bodies.

      The General Inspection Organization is the main Anti-corruption authority in the Iranian Legal Structure. According to Article 174 of the Constitution, the General Inspection Organization, working under the auspices of the Judiciary, is an independent agency and is responsible for monitoring the conduct of public bodies and ensuring the observance of laws and regulations by them.

Mr. President,

            As it could be induced from previous experiences, suppression of manifestations of corruption, though necessary, would have very limited effect in controlling the problem. Fighting corruption requires the identification, and then elimination, of its underlying causes and/or breeding grounds.

      The Islamic Republic of Iran’s new campaign against corruption began with the issuance of Eight Article Verdict by the Supreme Leader in 2001. The most notable elements of the new anti-corruption strategy are: Establishment of a Headquarter for Fighting Economic Corruption, Prioritization of anti-corruption efforts among active elements of the Iranian society, Development of a national program for promotion of integrity in administrative system, Privatization of state-owned corporations and/or economic institutions and adoption of anti- corruption laws.

Mr. President,

      The I.R of Iran supports any mechanism for reviewing the implementation of
the UN Convention against Corruption which is efficient, effective, impartial and inclusive. It should not be forgotten that the issue of review mechanism was first proposed to help the Member States to better implementation of the Convention. Therefore any mechanism for reviewing the implementation of the Convention should avoid bringing about political difficulties, or some kind of selectiveness between Member States in future. Moreover, such a mechanism should not undermine the universality of the Convention or dissuade the accession of the new countries to it.

            Regarding the mechanism for reviewing the implementation of the Convention, the I.R of Iran emphasizes that any mechanism to be established should be objective, transparent, efficient and non-intrusive. In addition, it should have predictable and sustained funding.

             Regarding the methodology for gathering data from States Parties on their implementation of the convention, the I.R of Iran would like to express it preference for a self-assessment with a checklist, prepared by the Secretariat. However the checklist should be simple, brief and not too detailed.

            The I.R of Iran would not be in favour of the idea of a peer review mechanism, even on a voluntary basis as being proposed by some countries. We believe that voluntary peer review on a pilot project basis has the potential of being imposed on States Parties in a  later stage and creating a two-tier review mechanism among them.
            Regarding establishing any type of an expert group to review the implementation of the UN Convention against Corruption(such as INCB-type),the I.R of Iran is of the view that such an expert group should be open – ended and governmental . The working group should also function under the authority of the Conference of the States Parties to the Convention.

Mr. President,

            Fighting corruption is the responsibility of all states, developed or developing. We have to shoulder the responsibility of fighting this fatal cancer and cooperate more closely to that effect. It is also expected that the developed countries, generally the destination of much of illegally acquired assets, adopt strict measure against illegal transactions, on the one hand, and facilitate their recovery and return to the countries of origin. Corruption will not be overcome unless international and regional participation and cooperation is warranted.

Thank You