The First OECD- Southeast Asia Regional Forum 2007
Session 1
The First OECD- SOUTHEAST
ASIA REGIONAL FORUM
January 2007 - Jakarta
Concept and function of a peer
review mechanism
By Nicola Bonucci, Director, Legal Directorate, OECD
1
Concept and function of a peer review mechanism

Peer review is NOT
– A settlement of dispute mechanism
– A fact finding mission
– A self reporting and self evaluation procedure

But a Peer review may comprise some of these
elements together with others…….
2
Concept and function of a peer review mechanism

No precise definition of a peer review

Its content will heavily depend on the field concerned
(technical, scientific, legal), on the body within which
it is carried out (academic world, intergovernmental
organisation, NGO), on the stakeholders involved, on
the object and purpose of the review

Basic definition: An individual or a legal person’s
position, theory, policy, hypothesis is examined by its
peers
3
Concept and function of a peer review mechanism
at the OECD

Systematic examination and assessment of an
OECD member policy by all the other members with
the ultimate goal of helping the reviewed Member to
improve its policy, to adopt best practices, and
comply with established standards and principles.

Non adversarial process heavily relying on shared
confidence in its neutrality and usefulness.
4
Concept and function of a peer review mechanism at
the OECD

OECD is a multidisciplinary intergovernmental
organisation

It is a policy based organisation but it can from time
to time adopt standards and rules

It is also an organisation which practices and
procedures change and evolve quite naturally
5
Concept and function of a peer review mechanism at
the OECD

NO standardised peer review mechanism

In most cases mandatory but in some voluntary

In most cases based on evaluation of policies but in
some instances compliance with rules and standards
is examined
Having said that most peer reviews share certain
characteristics………..
6
Concept and function of a peer review mechanism at
the OECD

THE ACTORS
–
–
–
–

Reviewed country
Secretariat
Lead Examiners
Collective body: the peers
The other stakeholders
– the civil society
– the business community
– the media
7
Concept and function of a peer review mechanism at
the OECD

THE PROCEDURES
– The preparatory phase: usually carried out by the
Secretariat
– The consultation and prima facie evaluation phase: usually
carried out by the Secretariat and the Lead examiners
– The assessment phase: usually carried out by the Lead
examiners and by the collective body
8
Concept and function of a peer review mechanism at
the OECD

Some specificities of the OECD’s peer reviews
– Role of the secretariat
– On-site visits
– Adoption and publication of the reviews
9
Concept and function of a peer review mechanism at
the OECD

A peer review what for ??
–
–
–
–
–
exchange of information
better understanding of each member policy
Capacity building
Peer pressure
Enhancing compliance
10
Concept and function of a peer review mechanism at
the OECD

Is the OECD model exportable ?
– NO: Peer reviews are time consuming, they are costly, they
are based on shared values goals and therefore they are
reserved to a developed and homogeneous group of
countries like the OECD,
– YES: peer reviews do not require a one size fits all
approach, they are not based on naming and shaming, they
may serve the reviewed country to move its own agenda,
being based on evidence and not on ideology they
demonstrate that there may be different solutions to a same
issue: “functional equivalence”
11
Concept and function of a peer review mechanism at
the OECD

Some suggestions for a successful peer review
– Agree on the object and purpose of the review
– Agree on the basic procedure while recognising that such
procedure would necessarily evolve
– Agree on the 3 basic principles of transparency, credibility
and sustainability
and…….
12
Concept and function of a peer review mechanism at
the OECD
……..never forget that facts and actions matters
more than words and procedures !!
THANK YOU
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