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Summary of Anticorruption Efforts in Latin America: Lessons Learned by Peter DeShazo

Introduction

This report, published by the Center for Strategic and International Studies (CSIS) in September 2007, examines the state of anticorruption efforts in Latin America, particularly in the context of democratic governance and economic development. It analyzes the progress made since the 1990s, when the region transitioned from authoritarian regimes to democratic systems, and highlights the challenges that remain in combating corruption.

The report is based on a conference held on July 10, 2007, which included presentations and discussions by experts from the World Bank, Transparency International, and other organizations, focusing on case studies from Colombia, Chile, and Mexico, as well as the role of international conventions like the Inter-American Convention Against Corruption (OAS) and the UN Convention Against Corruption.

Core Content

• Context of Corruption in Latin America: The region has a long history of corruption, particularly under military dictatorships, which were often associated with human rights abuses. The transition to democracy in the 1980s and 1990s brought increased public awareness and scrutiny of corruption, leading to the adoption of the Inter-American Convention Against Corruption in 1996.
• Current State of Corruption: Despite some improvements, corruption remains widespread. According to the World Bank's 2006 Worldwide Governance Indicators, only four Latin American countries (Chile, Uruguay, Costa Rica, and El Salvador) ranked in the top half for "control of corruption," while five others (Ecuador, Nicaragua, Honduras, Paraguay, and Venezuela) were in the lowest quartile. Transparency International's 2006 Corruption Perception Index also shows that only Chile and Uruguay scored above 5.0 on a 1–10 scale.
• Impact of Corruption: High levels of corruption undermine public trust in democratic institutions, hinder economic development, and weaken the ability of states to combat crime and terrorism. It also discourages both domestic and foreign investment.

Main Points from Case Studies

Colombia

• Paradox of Governance: Colombia has seen improvements in governance and transparency, but corruption remains a serious issue, especially in local government and through influence trafficking.
• Historical Context: The 1958 Frente Nacional agreement contributed to stronger public institutions but also led to the rise of illegal armed groups, which undermined the state.
• Progress: The mid- to late-1990s were a low point for corruption, but recent efforts have led to increased investigations of high-level officials and paramilitary groups.
• Challenges: Influence trafficking and conflicts of interest persist, particularly at the local level. Civil society plays a critical role in monitoring and pushing for reform, but more needs to be done to address transparency in public contracting and the independence of oversight bodies.

Chile

• Economic Growth vs. Corruption: Chile has strong economic growth and a low corruption perception index, but public perception of corruption remains high.
• Weaknesses in Governance:
  • Lack of transparency in political financing
  • Influence trafficking is more prevalent than bribery
  • Conflicts of interest in the legislative branch
  • Low transparency in defense spending and public servant hiring
• Reforms: The criminal justice system has been reformed, empowering prosecutors to investigate corruption. However, there is still no law guaranteeing public access to information, and political parties are not effectively regulated.
• Lessons: Civil society and media play an important role in exposing corruption, but the private sector has not been as engaged. There is a need for stronger legal frameworks and more effective implementation of existing laws.

Mexico

• Anticorruption Progress: Mexico has made some strides in transparency and access to information, particularly through the implementation of the freedom of information (FOI) law.
• Challenges:
  • Limited use of FOI at the state level
  • Lack of effective monitoring of political funding and public records
  • Persistent conflicts of interest and weak government ethics mechanisms
• Future Focus: The administration of President Felipe Calderón emphasized public safety, economic development, and transparency. However, the private sector has not been fully integrated into anticorruption efforts, and there is a need for better coordination between institutions and civil society.

Role of International Conventions

• Inter-American Convention Against Corruption (OAS):
  • Signed in 1996 and ratified by 33 of 34 OAS member states
  • Established the MESICIC (Monitoring and Evaluation System for the Implementation of the Inter-American Convention Against Corruption) to monitor compliance and promote international cooperation
  • The convention includes 28 articles and focuses on transnational cooperation, public procurement, and civil society involvement
• UN Convention Against Corruption:
  • Signed by 140 countries and ratified by 94
  • Includes 71 articles and covers a broader range of issues, including civil society participation, private sector corruption, and direct language on combating corruption
  • The UN convention includes a conference of states parties, which automatically includes all signatories, while the OAS convention has a separate mechanism for participation
• Key Findings from MESICIC Reviews:
  • Less than half of states implement conflict of interest rules
  • There is a need for greater oversight and enforcement of anticorruption laws
  • Civil society and media are crucial in holding governments accountable
  • Access to information and asset reporting of public officials are areas requiring urgent attention

Recommendations

1. Integrated Institutional Reforms: Anticorruption efforts should be comprehensive, addressing all branches of government and institutions that monitor performance.
2. Strengthen Accountability Mechanisms: Emphasize demand-side accountability through civil society, media, and the private sector.
3. Improve Transparency: Develop and enforce laws that ensure greater access to public information and promote transparency in government spending and procurement.
4. Enhance Civil Society Participation: Support civil society in monitoring and promoting ethical governance.
5. Promote Meritocracy: Ensure that public servants are selected based on merit and that conflicts of interest are properly managed.
6. Leverage Technical Assistance: Use resources from international institutions like the World Bank and Inter-American Development Bank to support implementation.
7. Focus on Local Governance: Address corruption at the subnational level, particularly in local government and public service hiring.
8. Combat Influence Trafficking: Implement stronger measures to prevent undue influence by interest groups and private sector actors.

Conclusion

The report concludes that while Latin America has made some progress in anticorruption efforts, the region still faces significant challenges. Corruption remains a core issue that undermines democratic governance, economic development, and public trust. The role of international conventions is important, but their effectiveness depends on the commitment and implementation by national governments. A multifaceted, integrated approach is needed to address the root causes of corruption and ensure that governance becomes more transparent and accountable.