Corruption Outpaces Legislation in the Americas

  
The 1996 Inter-American Convention Against Corruption has had mixed results. In theory, the signatories to the accord have agreed on some concrete steps, but in practice corruption has increased in many Latin American countries.

To date, 26 countries have signed the Convention, and 18 have ratified it, with the notable exception of the United States. The failure of the US Senate to ratify the accord casts doubt on Secretary of State Madeleine Albright’s pledge before the Council of the Americas that the US “takes seriously the obligations imposed by this Convention and expects the same of the other countries that comprise it.”

The Organization of American States (OAS) has launched several initiatives to promote the Convention and target specific problem areas and countries. One such initiative focuses on penal law and ensuring transparency in domestic legal proceedings. Participating in this effort are Argentina, Bolivia, Chile, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru and the Dominican Republic. The OAS has also promoted the Convention to support the modernization and institutional development of Central America’s legislatures, in conjunction with the Central American Inter-Parliamentary Commission Against Corruption and Drug Trafficking. This initiative is working to develop a code of ethics for the region’s public officials, legislatures and businesses. Finally, the OAS has supported efforts to develop cooperative anti-corruption policies among the Andean legislatures.

A special session of the OAS on combating corruption in the Americas recently produced a proposal seeking greater action on the part of member countries in the following areas:

• Defining mechanisms for monitoring the progress of the Inter-American Convention Against Corruption;

• Strengthening juridical and judicial cooperation at the ministerial level;

• Coordinating actions among the international bodies and national institutions responsible for combating corruption;

• Strengthening and consolidating the inter-American network against corruption to facilitate the exchange of information, improving cooperation among member countries and coordinating actions at both the hemispheric and global levels;

• Consolidating information services to provide systematic and permanent mechanisms for distributing information relating to the fight against corruption in the hemisphere; and

• Developing model legislation for states to refer to when elaborating, studying and approving anti-corruption measures.

Despite all of these initiatives, however, the Convention has made only limited progress in the fight against corruption. Corruption has tainted the highest levels of government and society in many countries of the hemisphere. The vast majority of Latin American countries are not prepared to face this problem, which extends to both the public and the private sectors. Contributing to this trend are the difficulty of consolidating democratic institutions and the lack of an efficient, strong and accessible system of justice. The situation is complex and requires setting certain priorities, especially in the area of international cooperation. The governments of the region should move quickly to address corruption before they lose their ability to maneuver along with their hold on democratic tradition.

 

For additional information about the Inter-American Convention Against Corruption, check the OAS website at: www.oas.org