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"reconstruction must not be at the expense of transformation" Presentation of I would like to begin expressing, in the name of the OAS, our appreciation to the Inter-American Development Bank (IDB) and the Swedish Government for their invitation to participate in this Workshop concerning: "Transparency and Governability in Central America". In keeping with the agenda for this meeting, I would like to refer to the developments that have taken place under OAS auspices in relation to this theme. I would like to discuss the types of actions that we believe could be undertaken to help the countries of Central America in the process of assuring transparency and responsibility in their reconstruction and transformation. In our Organization, the fight against corruption has been a concern and a subject of study since 1992. This concern was furthered by the decisions of the General Assembly in 1994 and 1995 as well as the Miami Summit. The adoption process for the Inter-American Convention against Corruption in March of 1996 solidified these advances. This Convention is the first international legal instrument through which a group of countries, the Americas, have agreed to join together, not only from the political but also the judicial point of view, to fight against corruption. The Convention is, without a doubt, a pioneering force of great importance at the international level. The adoption of the Convention has been of fundamental importance to the industrialized countries that, for many years, have refused to enter into legal agreements in this area. In 1997, they finally agreed to a treaty with the OECD framework against the bribery of foreign public officials in international business transactions. The Convention has also been an important reference point in the process that led to the adoption of the Convention on criminal matters by the Council of Europe that was finalized last year as well as in the negotiations on a Convention against transnational crime negotiated under United Nations auspices. The Convention is the most important collective decision that has been taken in the Americas in this area. It is different from the OECD Convention and that of the Council of Europe in that the scope of the OAS Convention is broader. In many countries of the Americas the concern regarding the fight against corruption has increased for reasons more related to the central themes of this meeting such as economic and social development and strengthening the rule of law. For this reason, during the negotiations for the treaty, it was not considered sufficient to agree to fight transnational bribery, but rather it was necessary to have an agreement to fight corruption in a complete and coherent manner. This concept is expressed through the provisions of the Convention. From its contents one can clearly deduce that, in the first place, corruption should be understood as a problem of systems and not simply of corrupt individuals. Further it is not enough to put corrupt individuals in jail without trying to solve the structural causes that generated the corruption. Otherwise others will come along and replace them. For this reason these norms state that the fight against this malady require actions to sanction this activity as well as in the field of institutional modernization and at the national and international level. In the second place, the contents of the Convention recognize that the fight against corruption should be seen as a permanent process and not the simple result of directed or occasional action. Just as corruption does not grow or consolidate itself through one instance or action, it will not be beaten in one instance with one act or decision. On the contrary, as can be inferred from the treaty, many decisions are required. In the third place, the Convention conceives of the fight against corruption as a process in which we are all responsible: the states, the private sector, civil society, to a greater extent, and the international community. The Convention serves as a guide for collective action at the hemispheric level in the fight against this problem. Toward this end, the States of the Americas, through the General Assembly in Lima that took place in 1997, adopted the Inter-American Program to Combat Corruption. Also, the Heads of State and Government, in the Plan of Action approved at the Second Summit of the Americas, supported the undertaking of action for the prompt ratification and implementation of this treaty. As of this date the Convention has been signed by 25 countries and ratified by 16. The five Central American Countries have signed the Convention and four have ratified it. Please allow me to now refer to the activities that we have begun to assist the countries of Central America in the process of ratifying and implementing the Convention. In Costa Rica, this past year, we organized two workshops together with the National Commission for the Improvement of the Administration of Justice. The purpose of these workshops was to define specific actions and generate agreements for the implementation of the Convention. Representatives of numerous state institutions and civil society participated in these meetings and their conclusions were collected within the "concertación" process promoted by President Miguel Ángel Rodríguez. In El Salvador, we assisted with a conference concerning "The Role of the OAS in the Fight Against Corruption", organized by the Legislative Assembly of the El Salvador, the Central American Inter-Parliamentary against Corruption and Drug Activity and the Salvadoran Institute for Democracy. Through this conference other efforts have been developed that I will be mentioning later. During the next several months we are going to develop a cooperative project with twelve countries of the hemisphere in conjunction with the IDB. Guatemala, Honduras, El Salvador and Nicaragua are going to be beneficiaries of this initiative. The purpose of the project is to identify the specific reforms that must be introduced into the criminal law of each of the countries in order to harmonize their legislation with the Inter-American Convention. The project will also create a space for the analysis of these proposals and generate the commitment, by responsible authorities, to promote and adopt these reforms. It will also create a follow-up mechanism concerning the advances made in the implementation of these legislative measures. During the next semester, the General Secretariat of the OAS, through the Unit for the Promotion of Democracy (UPD), is going to assist the Forum of Presidents of Legislative Powers of Central America and the Central American Inter-Parliamentary Against Corruption and Drug Activity with a project. This project includes, among other things, the creation of a landmark code of public ethics for parliamentarians and businessmen and the development of a Central American Summit against Corruption. By the same token, the General Secretariat of the OAS, in development of the conclusions of the Symposium on Probity in the Hemisphere that was held in Santiago, Chile, in November of last year, has created a system of information on the Internet. They have also created an Inter-American network of institutions and experts in the fight against corruption in which 56 public institutions and organization representing 19 Member States of the Organization already participate. Finally, the Inter-American Juridical Committee has drafted model laws concerning illicit enrichment and transnational bribery. What type of actions should we undertake to further assist the countries of Central America in the fight against corruption? From our perspective, and taking into account the agreements entered into by these states in signing and ratifying the Convention, we consider that it is necessary to make further advances in their effective implementation and application within there countries. Given the fact that, until today, none of the countries have ratified and implemented the Convention completely, our proposal would be that the countries of Central America adopt, as part of their process of reconstruction and transformation, the commitment to be the first to comply with this intention. This would be a clear signal to the world of their agreement with the fight against corruption. It is not sufficient to merely sign and ratify this international legal instrument. In fact, these steps are scarcely the beginning of a process that requires much more. Allow me to mention some of the actions that need to take place as well as some others in which the OAS, in conjunction with or with the assistance of other international organisms or agencies, could collaborate to offer their services of cooperation to the countries of Central America. First, as has been mentioned, they need to adapt their criminal legislation to the dispositions of the Convention. This will involve the creation of new crimes or the reform of some of the existing norms. It will also probably involve, in some cases, the taking legislative action in matters such as extradition, identification, tracking, immobilization, confiscation and seizure of things produced by acts of corruption, bank secrecy, asylum and reciprocal judicial assistance. Second, it is necessary to move forward with the adoption and application of the "preventive measures" defined in Article Three of the Convention. These measures include the development of norms in matters of conflicts of interest; systems for the declaration of assets, both active and passive on those persons holding public office and systems of public hiring and bonding of officials. They also include laws that eliminate benefits to persons or societies that carry out assignments in violation of legislation against corruption; systems for the protection of public officials and private individuals that denounce acts of corruption in good faith; the creation or strengthening of oversight organizations; measures that impede the bribery of national and international public officials and the adoption of measures that take into account the relation between equitable remuneration and probity in public service. Third, in the same vein, programs should be executed which are oriented towards the modernization of the state in areas related to the redefinition of its role, the elimination of monopolies and the introduction of competition, the professionalization of the public service, the elimination and rationalization of regulations and paperwork. They should also include the strengthening of internal control mechanisms, both disciplinary and fiscal, and the modernization of political parties, especially concerning their public and private financing. Fourth, activities should be organized for the exchange of experience and horizontal cooperation in different areas related with the fight against corruption. Fifth, it is necessary to move forward with the training programs for officials, judges, district attorneys and public servants in general that are in charge of preventing and prosecuting crimes of corruption. Sixth, it is necessary to develop studies and research which allow for the detection of the causes of corruption in specific sectors of our states such as customs, procurement and the collection of taxes. These studies will be conducted for the adoption of specific policies on the part of governments or the competent authorities. Seventh, as expressed in the Convention, it is necessary to adopt measures to stimulate the participation of civil society and non-governmental organizations in efforts designed to prevent and sanction corruption. Eighth, the media has a great responsibility in this field. They should carry out a pedagogical function for the community. A responsible journalism that both investigates and denounces is essential in the fight against corruption. Conscious of this, the OAS and the Foundation for the Americas are going to have a first regional conference concerning the role of the media in the fight against corruption. This conference will take place in July in Ecuador. Following the conference, there will be a training program for journalists. They anticipate organizing other similar meetings in others regions and one of them could be for the countries of Central America. I would like to conclude by reiterating what has been expressed on various occasions by our Secretary General. We think that corruption is not a path of no return, that it can and should be defeated if we want to consolidate economic and social development as well as democracy in our countries. Thank you very much. For more information on the workshop, contact |
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Nicaragua, May 2000 - Honduras, February 2000 - Stockholm, May 1999
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