The UN Convention Against Corruption (UNCAC)

1 Introduction

The UN Convention against Corruption (UNCAC) (UN General Assembly 2003) is the first international attempt to establish a standard of anti-corruption policy in order to reduce problems related to corruption (Hechler et al. 2011) like an adverse impact on economic growth (Mauro 2004). In spite the fact that the approach of UNCAC is based on large empirical evidence about the causes of corruption (Judge, McNatt, and Xu 2011) corruption remains in some countries a persistent problem (Hechler et al. 2011). A ex ante analysis by Hechler et al. (2011) identified the lack implementation as one of the major pitfalls of the UNCAC and this essay seeks to find a theoretical explanation by drawing on the literature of policy diffusion, which applies for UNCAC as the policy

The implementation in Bangladesh is limited to the bribery of public servants excluding foreign public officials and officials of public international organizations (Act, 1947 (“POCA 1947”) which are required to be included by the UNCAC (United Nations and Implementation Review Group 2010a). Moreover, “passive bribery of foreign public officials and officials of public international organizations and in the private sector are not criminalized” (Ministry of Law, Justice and Parlimentary Affairs 2008, p. 74 ). In contrast Rwanda defines the term “public official” in accordance with the definition set out in the Convention where “‘public official’ refers to any person vested with public authority, (…) performing a public function or providing a public service (…)” ( (UN General Assembly 2003, p. 17). Furthermore, Rwanda goes beyond this definition as no differentiation between “public” and “private”; “active” corruption is considered. Instead, “any person” in respect of “a person responsible for performing a function” can be hold accountable for corrupt behavior (United Nations and Implementation Review Group