Table of Contents
What is the MESICIC?
The Follow-Up Mechanism for the Implementation of the Inter-American Convention against Corruption (MESICIC) is the Anticorruption Mechanism of the OAS. It brings together 33 of the 34 Member States to review their legal frameworks and institutions in the light of the Inter-American Convention against Corruption.
In the 16 years that it has been in operation, the MESICIC has adopted more than 100 reports with recommendations for States to strengthen their legal frameworks and institutions to effectively combat corruption in areas such as prevention of conflict of interests; conservation of public resources; government procurement; government hiring; ethics training; systems for registering income, assets and liabilities; civil society participation in the fight against corruption; internal oversight in companies to detect and prevent corrupt practices; criminalization of acts of corruption, such as transnational bribery and illicit enrichment; protection of whistleblowers; mutual assistance in prosecuting and punishing those who commit acts of corruption and, as appropriate, their extradition; and oversight bodies responsible for the prevention, detection, punishment and eradication of such acts.
SAINT KITTS AND NEVIS RECEIVES ON-SITE VISIT OF THE OAS ANTICORRUPTION MECHANISM (2014)
On October 8, an on-site visit to Saint Kitts and Nevis carried out by the representatives from Mexico and Trinidad and Tobago to the OAS Anti-Corruption Mechanism (MESICIC) was concluded successfully. This visit was also supported by the Department of Legal Cooperation of the OAS General Secretariat.
During the three days of the visit, the representatives of MESICIC reviewed, on-site, the principal oversight bodies responsible for combating corruption in this Eastern Caribbean Country. Meetings were held with the senior officers of the Attorney General’s Chambers, the Office of the Director of Public Prosecutions, the Office of the Ombudsman, the Magistrate’s Department, and the Royal Police Force.
Also, the representatives of MESICIC had the opportunity to meet with civil society and private sector organizations to address cooperation issues between them and public institutions in the fight against corruption; citizen participation mechanisms; and access to public information.
The results and information obtained from this visit are part of the first review process currently being conducted by the MESICIC with respect to Saint Kitts and Nevis, which will conclude with the adoption of a country report by that Mechanism’s Committee of Experts at its meeting in March, 2015 to be held at OAS headquarters.
The MESICIC is a cooperation mechanism between States, with the participation of civil society organizations, established within the framework of the OAS, in which the legal/institutional framework of each country is reviewed for suitability with the Inter-American Convention against Corruption as well as the objective results achieved therein. The incorporation of on-site visits as a stage and integral part of the MESICIC represents an innovative and pioneering initiative of the OAS, which, with the support of the Technical Secretariat, has further strengthened this review process
For more information on the MESICIC, please visit the Anti-corruption Portal of the Americas.
OAS ANTI-CORRUPTION MECHANISM ADOPTS REPORT ON SAINT KITTS AND NEVIS (2015)
On March 20, at its Twenty-Fifth Meeting, the Committee of Experts of the OAS Anticorruption Mechanism (MESICIC) adopted for the first time a report on the implementation in Saint Kitts and Nevis of the Inter-American Convention against Corruption.
This report, available here, provides a comprehensive review of the progress achieved by Saint Kitts and Nevis in implementing the provisions of the Convention relating, among other, on standards of conduct to prevent conflicts of interest, systems for the declaration of assets, income and liabilities, as well as mechanisms to encourage participation of civil society and nongovernmental organizations in the fight against corruption.
In the second part of this report, a comprehensive review was carried out on the structure, operation and results obtained in four oversight bodies responsible for preventing, detecting and punishing corruption in Saint Kitts and Nevis: the Office of Director of Public Prosecutions, the Magistrates Court, the Office of the Ombudsman and the Royal Saint Christopher and Nevis Police Force.
This review was performed taking into account the information provided to the MESICIC Technical Secretariat by the country under review, and the information gathered during the on-site site visit held in Basseterre in October, 2014 by representatives of Mexico and Trinidad and Tobago, with the support of the Technical Secretariat.
Besides the review, this report contains a set of recommendations formulated to Saint Kitts and Nevis that refer to important aspects such as design and implement outreach campaigns, targeting all public servants, on the existence, nature, and scope of the Public Service Act 2011, its Codes, and the Public Service Standing Orders 2014, and adopt the necessary steps for the prompt implementation of the provisions of the Integrity in Public Life Act of 2013 as well as in creating and setting up the Integrity Commission referred to in that statute.
As for the four bodies selected by Saint Kitts and Nevis which are reviewed in the report, the recommendations to be considered by the State address the following:
– Appoint the Director of Public Prosecutions in accordance with the terms of section 81 of the Constitution and develop instruments, manuals, and/or guides for directing prosecutors in effectively and correctly initiating and pursuing criminal proceedings for the commission of corrupt acts.
– As regards the Magistrates Court, provide the Court with the financial resources necessary to ensure permanent, appropriate training for all its officers, including the Magistrates, particularly on topics related to the correct prosecution of cases involving acts of corruption and on ethics, integrity, and transparency in judicial functions.
– With respect to the Office of the Ombudsman, adopt, as promptly as possible, the relevant measures to provide this Office with the human and financial resources necessary for due compliance with its legal functions, and establish mechanisms to ensure effective compliance by the public agencies subject to its oversight with the recommendations issued by the Ombudsman in its investigations.
– Concerning the Royal Saint Christopher and Nevis Police Force, complement the documents that describe the functions of its personnel with documented procedures, manuals, or guides related to the functions of investigating corruption crimes and develop regular training programs for the Police Force on proper and effective investigations of corruption crimes.
Along with the country report of Saint Kitts and Nevis, the reports for Antigua and Barbuda, The Bahamas, the United States, and Venezuela were also adopted, which are available here. For more information, please visit the Anti-corruption Portal of the Americas.
SAINT KITTS AND NEVIS: Responses, reports and representatives of MESICIC
Reply to the Questionnaire
The Constitution of St. Christopher and Nevis
Audit Act – Chap. 20.01
Criminal Procedure Act – Chap 4.06 – (R) Camara Ready
Director of Public Prosecutions (Prescribed Age) Act – Chap
Financial Administration Act – 06
Integrity in Public Life
Magistrate´s Code of Procedure Act -Resized file- 24 Aug.
Procurement and Contract Administration Act 2012
Public Service Act 19 of 2011 pt. 1
Public Service Act 19 of 2011
Public Service SO 8 of 2014
Public Service SO 11 of 2014
Public Service SO 9 of 2014
Saint Kitts and Nevis Code for Prosecutors
Mutaul Legal Assistance in Criminal Matters Act
Proceeds of Criminal Code