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Joint sitting rejects UNCAC’s Joint Committee’s recommendation to re-apply to the convention with reservation

July 1, 2022
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After failing to garner two-thirds majority, the joint sitting of the parliament today rejected a recommendation proposed by the Joint Committee of the United Nations Convention Against Corruption (UNCAC). The recommendation was to re-apply to the convention with reservation to Article 66 (2) of the UNCAC. Meanwhile, on the other recommendation, the joint sitting directed the government to fix accountability for failing to register the reservation and submit the report to the parliament.

The reservation on the convention’s Article 66 (2) states, “Any dispute between two or more countries that cannot be settled through negotiation within a reasonable time shall, at the request of one of those countries be submitted for arbitration in an international court of justice.”

However, the parliament ratified the convention in 2015 along with the reservation on its article 66 (2).

Also, while submitting the convention to the Office of the UN Secretary General in 2016, the government failed to register the reservation. The government made attempts in subsequent years but to no avail.

This is because Finland and the Netherlands objected to the late reservations. Bilateral meetings between the two countries were also held, however, they were unsuccessful.

The UNCAC is the only binding legal international instrument against corruption.

The National Assembly revoked the reservation on the article during the last summer session. However, the council declined to revoke it. The issue further surfaced during the last winter session of the parliament, following which a Joint Committee was formed and inked two recommendations.

As the committee presented the recommendations in the house today, they received mixed reactions from the parliamentarians.

“Such reservations on the article will not make much difference to the country. Bhutan is a signatory to several international treaties without such reservations,” justified Bongo-Chapchha MP, Tshewang Lhamo.

The house decided to settle the matter through voting. Of the 67 MPs present, 33 voted in favour of the recommendation to re-apply to the convention with reservation to Article 66 (2) while 30 voted against it and four abstained from voting.

For failing to secure two-thirds majority, the recommendation was disapproved by the house.

Kelzang Choden/Tshering Dendup

Edited by Pema Lhaden

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