Introduction
Presentation of the workshop & methodology & basic information on the
Convention & the Review Mechanism
MariaCristinaMontefusco
Main points of intro session
1. Tour de table & sharing of expectation;
2. Objectives of the workshop:
1. Raise awareness on the requirements of the Convention and the Protocol;
2. Support the national team to review and assess Uganda’s implementation of those provisions, incl
identification of gaps and challenges, as well as good practices;
3. Support the preparation of the preliminary responses to the self-assessment questionnaire.
3. Presentation of the agenda & methodology (participatory approach)
• Role of lead
• Rapporteur (back-up)
• Role of the group
• Ask if it works for all
An introduction to the
Review Mechanism
MariaCristinaMontefusco
KEY FEATURES
Review Mechanism
Adopted in 2018 and launched in 2020
Resolution 9/1 and 10/1 of the Conference of the Parties
2 tracks
Country Reviews and General Review
A global endeavor
189 Parties reviewed
4 thematic clusters
Criminalization & jurisdiction (1st cluster)
OBJECTIVES & GOALS
Review Mechanism
Improve States’ capacity to prevent and combat transnational
organized crime
Provide comprehensive guidance for reform initiatives and development of national
legislation and policies
Help States to identify needs for technical assistance
Strengthen capacity-building efforts for national authorities
Promote the purpose of the Convention and the Protocols
Gather info on national successes, good practices and
challenges in implementing the Convention and the
Protocols
Promote and facilitate the exchange of this info
Promote international cooperation
GUIDING PRINCIPLES
Review Mechanism
Not produce
any form of
Transparent, ranking
efficient, non-
intrusive, inclusive
and impartial
Non-
adversarial
Conducted in a and non-
non-political punitive
Technical and non-
nature, promote selective
constructive manner
collaboration
Country reviews & the self-
assessment questionnaire
Country reviews
COUNTRY REVIEWS
Main features
Drawing of lots 2 reviewers 3 Groups
Random selection of One from same regional To facilitate a staggered start of country
reviewers group + one from another reviews:
1) 1 December 2020
For Uganda:
2) 1 November 2021
DRC + Lithuania
3) 1 November 2022
TIMELINE
CRIMINALIZATION AND JURISDICTION LAW ENFORCEMENT AND THE JUDICIAL
SYSTEM
INTERNATIONAL COOPERATION, MUTUAL PREVENTION, TECHNICAL ASSISTANCE,
LEGAL ASSISTANCE AND CONFISCATION PROTECTION MEASURES AND OTHER
MEASURES
KEY ROLES
Country reviews
Focal Point Governmental Experts
Coordinates the participation of the State in
Observers
Contribute substantively to the review process,
the review, and clears the final submissions responding to questionnaires, providing
drafted by the experts feedback and drafting the list of observations Additional role,
and its summaries Usually granted to
Permanent Missions
(REVMOD read-only
access)
COUNTRY REVIEWS
Main steps
SELF-ASSESSMENT WRITTEN LISTS OF SUMMARY OF THE
PRELIMINARY QUESTIONNAIRES FEEDBACK OBSERVATIONS LISTS OF
CONSULTATION OBSERVATIONS
MEETING
Reviewing States + State party
State party under Reviewing States
review under review (with the assistance of the
parties
(6 months) Secretariat)
Country reviews & the self-
assessment questionnaire
The self-assessment questionnaire
SELF-ASSESSMENT QUESTIONNAIRE
Basic info
4 self-assessment questionnaires in each thematic For UGANDA
Thematic clusters cluster = 1 x legal instrument
The review will only
Each SAQ is the basis for the thematic review for each
Country reviews country, which lasts 2 years; address the
implementation of
UNTOC + Firearms
Legal Each questionnaire contains questions for all the Protocol
relevant legal instruments under review:
instrument • UNTOC
• TIP Protocol
• SOM Protocol
• Firearms Protocol
SELF-ASSESSMENT QUESTIONNAIRE
Structure
Legal implementation Examples and cases
Does your legal framework Provide examples, relevant cases/
include the definition/ offence judgements relating to the
/ measure set forth in the legal successful implementation and
instrument(s)? How? enforcement for each of the
provisions.
Difficulties & TA needs
Other relevant info
• Challenges and difficulties
Any other info useful to understand
encountered in the implementation of
the implementation of the legal
the provisions?
instrument, incl. difficulties/
• Any needs for technical assistance/
challenges.
already receiving assistance?
THE SELF-ASSESSMENT QUESTIONNAIRES
Country reviews
Main tool to compile the information on the
implementation at national level of these legal
instruments;
States will be reviewed on the basis of the information that
they have provided to the reviewing States parties;
The responses will be submitted online to the 2 reviewers
through the platform REVMOD;
Guidance on how to fill-it out is included in the front page
of the questionnaire;
Practical considerations
SELF-ASSESSMENT QUESTIONNAIRE
Practical considerations
• All questions should be considered as mandatory to answer
All questions should be considered as mandatory to answer
• When drafting responses:
When drafting responses:
• Nolimit
No word word limit
Keep your audience/ reviewers in mind – be “reader-friendly” & analytical.
• keep your audience/ reviewers in mind – be “reader-friendly”
Where possible, also provide brief explanation. i.e. do not limit yourself to yes & no exercise
Where• relevant include
Possibility ofcaselaw as examples
engaging on actual
in national implementation
consultations withofnon-governmental
national legislation: however,
stakeholders
please provide a summary/ analysis of the completed/adjudicated case and include reference to official
• Include only relevant extracts of legislation / caselaw (and other supplementary
court files
Include only extracts of(attachment
information relevant legislation / caselaw
/ links/ (and other supplementary information (attachment /
SHERLOC)
links/ SHERLOC)
An introduction to the
Convention & the Protocols
MariaCristinaMontefusco
The United Nations Convention against
Transnational Organized Crime (UNTOC)
• Adopted in New York on 15 November 2000 and open for signature in
December 2000 in Palermo, Italy
• Entered into force 29 September 2003.
• 192 Parties - Uganda ratified on 9 Mar 2005
• Supplemented by 3 additional Protocols against:nted
• Trafficking in Persons;
• Smuggling of Migrants; and
• Illicit Manufacturing of; and Trafficking in; Firearms [Uganda acceded
on 9 Mar 2005]
• Represents the international response (the only global legally binding
instrument) to combat transnational organized crime and provides
States Parties with a legal tool for cooperation
The United Nations Convention against
Transnational Organized Crime (UNTOC) &
the 3 Protocols
The Convention against The Protocol against
Transnational Organized Trafficking in Persons
Crime
The Protocol against
The Protocols against Smuggling of Migrants
Illicit Manufacturing of;
and Trafficking in
Firearms
A practical toolkit
“The purpose of this Convention is to
promote cooperation to prevent and
combat transnational organized crime
more effectively”
(Article 1, UNTOC)
The Organized Crime Convention
A legal instrument providing for measures to prevent and combat transnational organized crime (TOC), in all its
forms and manifestations, and to promote international cooperation among States Parties to the Convention.
PROMOTE PROVIDE FOR
HARMONIZE THE MEASURES TO
CRIMINALIZATION OF INTERNATIONAL
COOPERATION COMBAT TOC
PARTICULAR CONDUCT
Normative standards for the
A set of legal provisions aimed at
Requirements to criminalize implementation of such measures
promoting international cooperation
specific offences: i) participation in as, for example, liability of legal
through extradition, mutual legal
an organized criminal group, ii) persons, confiscation of proceeds
assistance, joint investigations, etc.
money laundering, iii) corruption of crime, special investigative
and iv) obstruction of justice. techniques.
Overview of provisions of the Convention
1. General provisions
• e.g. use of terms, scope of application, implementation of the Convention
2. Criminalization and criminal liability
• e.g. four offence provisions, liability of legal persons
3. Investigation
• e.g. confiscation and seizure, special investigative techniques
4. International cooperation
• e.g. law enforcement cooperation, mutual legal assistance, extradition
5. Protection of and assistance to witnesses and victims
6. Prevention
22
Mandatory/ Optional provisions
Provisions of the Organized Crime Convention do not all have the same level of
Level of obligation.
In general, provisions can be grouped into the 3 categories:
obligation
MANDATORY
of UNTOC MANDATORY
TO CONSIDER
OPTIONAL
provisions “States parties are required to” (also mandatory) States “may”
Occasionally, States parties are required to choose Art. 2 and
between two options (for example, in article 5, Art.15 (2) are
paragraph 1 (a)). In such cases, States parties are free non-mandatory
to opt for either or both options. / optional
The intergovernmental process
CONFERENCE OF THE SUBSIDIARY BODIES OF MEETINGS IN 2024
PARTIES TO UNTOC THE CONFERENCE
Main implementation body of the 5 Working Groups, advise and assist the • Working Group on Firearms (3-4 April)
Convention established to improve the Conference of the parties in the • Working Group on Technical
capacity of SPs to combat transnational implementation of its mandate with Assistance and International
organized crime and review the regard to its three Protocols, on technical Cooperation (3-6 June)
implementation of UNTOC (Art. 32 assistance and international cooperation, • Working Groups on Trafficking in
UNTOC). respectively. Persons and Smuggling of Migrants
• Active since 2004. They also have an important role to play (8-12 June)
• 10th session marked the 20th in the coming years within the UNTOC • Conference of the Parties to UNTOC
anniversary of the adoption and Review Mechanism. (14-18 October)
opening for signature of the
Convention.
SHERLOC HOSTS WHAT IS SHERLOC?
EIGHT DATABASES: Knowledge management portal of
legal information on crime and
LEGISLATION DATABASE terrorism created by UNODC
over 13,400 legislative entries
CASE LAW DATABASE WHAT IS OUR OBJECTIVE?
over 3,400 judicial decisions
Facilitate the dissemination of
TREATIES DATABASE information regarding the
over 130 instruments and their status of adherence
implementation of UNTOC, its three
STRATEGIES DATABASE Protocols & the international legal
over 250 strategies and action plans framework against terrorism
BIBLIOGRAPHY DATABASE
over 4,500 documents WHAT ARE SHERLOC’s MAIN
LEGISLATIVE GUIDE STRENGTHS?
a web version of UNODC’s Legislative Guide for the
Implementation of the United Nations Convention SHERLOC is:
against Transnational Organized Crime (2017)
EDUCATION FOR UNIVERSITIES • global
Containing teaching modules on 6 crime types • multilingual
• comprehensive
CNA DIRECTORY
a password-protected system containing details of
• free to access
over 1,150 national competent and central authorities • targeted at a wide range of users
