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REPORT ON THE ACTIVITIES DEVELOPED BY THE DEPARTMENT OF LEGAL COOPERATION AND INFORMATION IN THE FIGHT AGAINST CORRUPTION AND THE PROMOTION OF PROBITY
DEPARTMENT OF LEGAL COOPERATION AND INFORMATION
SECRETARIAT FOR LEGAL AFFAIRS
GENERAL SECRETARIAT
ORGANIZATION OF AMERICAN STATES
WASHINGTON, D.C., SEPTEMBER 1999INDEX
CHAPTER TWO: PROJECTS AND COOPERATIVE ACTIVITIES
I. SUPPORT TO THE DISSEMINATION AND APPLICATION OF THE INTER-AMERICAN CONVENTION AGAINST CORRUPTION
A. DISSEMINATION OF THE CONVENTION
B. SUPPORT TO THE APPLICATION OF THE CONVENTION
1. OAS/BID INITIATIVE: THE STATUS OF CRIMINAL LEGISLATION IN RELATION TO THE INTER-AMERICAN CONVENTION AGAINST CORRUPTION
2. SUPPORT TO THE PROJECT CONCERNING LEGISLATIVE MODERNIZATION AND INSTITUTIONAL DEVELOPMENT OF THE LEGISLATIVE POWER IN CENTRAL AMERICA
3. SUPPORT TO THE ANDEAN PARLIAMENT IN DEVELOPMENT OF POLICIES THAT PROMOTE AND FACILITATE COOPERATION TO COMBAT CORRUPTIONII. INTER-AMERICAN NETWORK AND INFORMATION SYSTEM
1. INTER-AMERICAN NETWORK OF INSTITUTIONS AND EXPERTS IN
THE FIGHT AGAINST CORRUPTION
2. ANTI-CORRUPTION INFORMATION SYSTEMIII. PARTICIPATION IN INTERNATIONAL CONFERENCES
1. INTER-AMERICAN BAR ASSOCIATION CONFERENCE
2. MEETING OF THE CONSULTATIVE GROUP FOR THE RECONSTRUCTION AND TRANSFORMATION OF CENTRAL AMERICA
3. CONFERENCE ON TRANSPARENCY FOR GROWTH IN THE AMERICAS
4. GLOBAL ANTI-CORRUPTION FORUM
5. REGIONAL CONFERENCE ON THE FIGHT AGAINST CORRUPTION
EL SALVADORIV. COOPERATION WITH OTHER INTERNATIONAL ORGANIZATIONS
1. CONFERENCE WITH THE OECD ON COMBATING BRIBERY IN INTERNATIONAL BUSINESS TRANSACTIONS
2. DONOR CONSULTATIVE GROUP ON ACCOUNTABILITY/ANTI-CORRUPTION IN LATIN AMERICA AND THE CARIBBEAN
This document presents a report concerning the projects and activities developed by the Department of Legal Cooperation and Information of the Secretariat for Legal Affairs in the areas of the fight against corruption and the promotion of probity.
The document is divided into two parts. The first part of the document refers to the background and the framework of action for these activities. The second part of the document describes the cooperation programs, projects and activities that have been developed or are presently being executed by the Department of Legal Cooperation and Information to assist Member States in the fight against corruption. It also examines the results and advances realized in this field.
In the matter of legal cooperation, the Department has participated in more than 10 international meetings and conferences related to the fight against corruption. Approximately one thousand seven hundred people have participated in these activities including Presidents, diplomats, Attorneys General and Prosecutors, Ministers, Judges, lawyers, as well as representatives of civil society and academia. These participants have come from twenty-seven Member States of the Organization.
The financing of the activities of the Department of Legal Cooperation and Information has been provided by the Organization of American States (OAS) as well through the support and contributions of other institutions and international organisms. However, the contribution of the OAS represents only 10% of the total cost. National institutions from the participating countries, foundations, non-governmental organizations (NGOs), non profit organizations and other international organizations have provided the remaining 90%.
In this field, the Department has created a system of information, available through the INTERNET, which is comprised of more than 9,000 files containing information of legal interest including links to pages with other relevant information on the subject matter.
As a result of these cooperation projects and activities, the Department has participated in the development of various publications concerning corruption and has assisted with a periodic publication dedicated exclusively to this theme.
The work that has been developed until now confirms the immense potential that the OAS has in matters of technical cooperation and the importance of supporting, to a greater degree, the actions initiated by the countries within the framework of the Convention as well as the decisions adopted by the organs of our Organization.
Within the framework of the Organization, the fight against corruption has been a concern and topic of study since 1992. This concern was furthered by the Summit of the Americas in 1994 and at the General Assembly of Montrouis (Haiti) held in 1995 and became part of a process that led to the adoption of the Inter-American Convention Against Corruption.
The importance of this theme was recognized by the Heads of State and Government at the Miami and Santiago Summits. At the First Summit of the Americas, which took place in Miami, they recognized for the first time that corruption is a problem that should be the subject of multilateral efforts. At this forum, an accord was reached to negotiate a hemispheric agreement for international cooperation within the OAS framework in the fight against this problem.
Also on this occasion, the Heads of State from the Hemisphere agreed, among other things, to promote public debate concerning the most important problems confronting the Government and to establish priorities in order to undertake the reforms necessary to achieve transparency and adequate supervision of government functions.
A little more than a year after this historic date, the Member States of the OAS adopted the Inter-American Convention Against Corruption.
The Convention is, without a doubt, the legal instrument of major importance that exists within the hemispheric framework to prevent, detect, sanction and eradicate corruption. However, this collective effort was not limited to the adoption of a treaty concerning this subject matter. Rather, during the decision-making process of this Convention, all parties agreed that, to continue this effort, the OAS was obliged to define a Plan of Action Against Corruption to continue these efforts.
Toward this end, the General Assembly, in Resolution AG/RES. 1397 (XXVI-O/96) entrusted the Permanent Council, through the Working Group on Probity and Civic Ethics, to design a project for a program of cooperation in the fight against corruption.
This program was formulated according to the terms set out in the Convention to assist the countries and their political bodies with projects designed to combat this phenomenon. The program was approved by the General Assembly in its 1997 session, that were held in Lima, Peru (AG/RES. 1477 (XXVII-O/97)).
During the Second Summit of the Americas, the Heads of State and Government stated in their Plan of Action that they would promote an adequate follow up mechanism concerning the developments and achievements of the Inter-American Convention Against Corruption. This mechanism was to be under the OAS framework and in conformity with the mandate contained in the Inter-American Program to Combat Corruption. The mechanism they decided upon was to have a Symposium for the Strengthening of Probity in the Hemisphere.
As a result of this symposium, held in Santiago, Chile on November 4-6, 1999, the representatives of the participating governments recommended some specific actions that should be adopted to consolidate and enhance probity in the hemisphere.
Some of the recommended actions include: the strengthening of national norms and institutions; the implementation of the preventive measures included in Article III of the Convention, the promotion of transparency and integrity in public contracting and bidding, and the development of a network that links institutions dedicated to the strengthening of probity and the fight against corruption.
Taking into account the information above, the Department of Legal Cooperation and information has been developing and will develop future activities and projects of cooperation designed to combat corruption. These activities and projects will be within the framework established by the Convention, The Inter-American Program to Combat Corruption, the decisions adopted by the Heads of State of the Hemisphere, the conclusions of the Symposium to Strengthen Probity in the Hemisphere and the resolutions adopted by the General Assembly in relation with this matter.
CHAPTER TWO: PROJECTS AND COOPERATION ACTIVITIESWithin the framework described above, the Department of Legal Cooperation and Information has been working very closely with a number of institutions, international organizations, foundations, universities and research institutes. Included among the international organizations with whom the Department has worked are the Inter-American Development Bank, the World Bank and the Organization for Economic Cooperation and Development (OECD).
In addition to the help that has been received with these activities from government and academic institutions, the Member States, the Attorneys General, prosecutors, ethics commissions and universities, the Department has also worked with development agencies and foundations.
The projects and activities that have been developed or in which the Department participated have received support from recognized foundations, associations and centers for study such as the Tinker Foundation, the Carter Center, Transparency International and the Inter-American and American Bar Associations.
The principal activities which have been developed or in which the Department participated in this field are listed below.
I. SUPPORT TO THE DISSEMINATION AND APPLICATION OF THE INTER-AMERICAN CONVENTION AGAINST CORRUPTION
A. DISSEMINATON OF THE CONVENTION
The general objective of this project was to diffuse the nature, content and scope of the Inter-American Convention Against Corruption and to assist the efforts of the countries aimed to ratify and incorporate, in their internal law, the norms and principles of the Convention according to the constitutional guidelines and dispositions of the national legislation.
The countries that participated in this project were Colombia, Costa Rica and Venezuela.
The methodology of the national workshops promoted, among the participating countries, a better understanding of the principles of the Convention. It also created a forum for discussion and analysis of the scope of their disposition and the possibilities, methods and alternatives for the incorporation of the Convention into their internal law.
B. SUPPORT TO THE APPLICATION OF THE CONVENTION
This project will offer support to twelve Member States of the OAS in the incorporation of the Inter-American Convention Against Corruption into their internal law, especially those provisions related to criminal law.
The countries participating in this project are: Argentina, Bolivia, Chile, the Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay and Peru.
The project will develop, for each of the participating countries, a technical research project that will analyze the state of criminal legislation according to the dispositions of the Convention. These research projects will also identify modifications that should be promoted within this particular legislation and develop a proposal concerning the content and elements of the text that should be adopted into the national law in order to comply with the obligations set out in the Convention.
This research will be disseminated, analyzed and enriched by the workshops that will be organized for this purpose. High-level government officials, including representatives from Parliaments and Congressional bodies, in matters related to the fight against corruption, national and international experts, academics and representatives of civil society, among others, will participate in these workshops.
These workshops will allow for the creation of a forum to promote dialogue and to present recommendations concerning the elements necessary for the establishment of a national strategy, which would ensure the prompt and effective incorporation of the Convention into their domestic legislation.
Organizations representing civil society will be invited to participate in the execution and follow up activities of the project.
The participation of the principal multilateral organizations as well as government representatives, Transparency International and other organizations representing civil society will allow for the creation and consolidation of a Network for the exchange of information and cooperation. This Network will facilitate the establishment and improvement of cooperative relations and the exchange of information among institutions participating in this project. It will also allow for secure and private on-line debates. This secure network will facilitate the exchange of information concerning the politics, programs, and legislation promulgated by governments as part of the implementation process for the Convention.
The consolidation of this network will create a catalytic effect that will stimulate a more extensive debate concerning this matter and facilitate the creation of a consensus on this same subject.
The project will also contribute to promoting a greater participation of the Organization in matters concerning the integration of Inter-American Treaties within the domestic legislation of countries, and will promote a greater impact in the application of conventions in national legal systems.
In addition, this proposal constitutes the most important hemispheric initiative for technical cooperation in the matter of corruption as it brings together the two regional organizations of major relevance, the Inter-American Development Bank (IDB) and the Organization of American States.
This project will assist in complying with the mandates established at the Miami and Santiago Summits of the Americas and the Inter-American Program to Fight Corruption adopted by the General Assembly.
As part of the Program of Assistance to Institutions and Legislative Processes that is the responsibility of the Unit for the Promotion of Democracy, the Department has offered technical assistance in the consolidation of a project in support of the work performed by the Inter-Parliamentary Commission of Central America Against Corruption and Drug Activity.
The objective of this initiative is to develop blueprints and frameworks for a Code of Ethics for Public Officials, Parliamentary and Business Ethics as well as identify some of the legal reforms that are required by the countries of Central America to incorporate the Inter-American Convention Against Corruption into their domestic legislation.
The General Secretariat of the Organization of American States , in conjunction with the General Secretariat of the Andean Parliament, has developed a project that seeks to promote better internal control of corruption within Parliaments and to support the process to strengthen the mechanisms that control corruption within the legislative bodies. Furthermore, the project will also seek to strengthen the Ethical Codes of Conduct of these legislative bodies, and the ramifications of violations to the norms and principles contained therein.
This project is being coordinated by the Unit for the Promotion of Democracy and the Department will provide technical assistance its design.
The Department of Legal Cooperation and Information has participated in the development of several publications related to this theme. The Department also participates, in conjunction with other international organisms, in a Bulletin dedicated exclusively to the theme of the fight against corruption.
Listed below are the books and documents which the Department has helped to develop.
i. The Dissemination and Implementation of the Inter-American Convention Against Corruption. Costa Rica.ii. The International Fight Against Corruption and the Impact in Venezuela.
iii. Corruption and its Effects on Development and the State of Law. Colombia.
iv. The Inter-American Convention Against Corruption. Three Editions.
v. Special Edition of the Georgetown University Journal of Law and Policy in International Business.
vi. Periodic Publication entitled Anti-Corruption Responsibility.
II. INTER-AMERICAN NETWORK AND SYSTEM OF INFORMATION1. INTER-AMERICAN NETWORK OF INSTITUTIONS AND EXPERTS IN
THE FIGHT AGAINST CORRUPTIONThe creation of this network responds to an initiative of the Secretary General of the Organization that was presented during the Symposium on the Strengthening of Probity in the Hemisphere that took place in Santiago in November 1998.
The objective of this network is to promote a better exchange of information and experiences in order to better coordinate actions and cooperation within the hemisphere concerning the fight against corruption.
This network, which is in the process of enhancement and expansion, already has the participation of 56 public institutions and organizations representing civil society. These institutions and organizations represent 19 Member States of the Organization.
2. ANTI-CORRUPTION INFORMATION SYSTEMThis Anti-Corruption Information System is an information service concerning the fight against corruption that can be consulted through the page maintained by the Department on the INTERNET. To date, the system provides access to more than 9,000 files.
At the same time, the system allows the user to learn, in a systematic and permanent manner, the developments and actions that have taken place in the hemisphere concerning the fight against corruption.
Documents that can be examined on this system include, in addition to the Inter-American Convention Against Corruption, the Inter-American Program of Cooperation to Combat Corruption and the pronouncements of the Summits of the Americas and General Assembly related to this theme. Other documents include those related to the Symposium on Enhancing Probity in the Hemisphere, the studies and resolutions of the Inter-American Juridical Committee and a summary of the work of other international organizations in the fight against corruption with links to their respective pages. Also included is a compilation of the national ethical norms for the correct and proper execution of public duties, national anti-corruption plans and a system for searching for news on corruption in the major newspapers of the United States.
III. PARTICIPATION IN INTERNATIONAL CONFERENCES
1. INTER-AMERICAN BAR ASSOCIATION CONFERENCE
The Department of Legal Cooperation and Information participated in the thirty-fifth Annual Congress of the Inter-American Bar Association that took place in Mexico City from June 6-12, 1999. One of the principle topics of discussion of this event was The Inter-American Convention Against Corruption.
Participating in this conference were recognized experts in the field. The presentation made by the Department highlighted the background of the Convention, its content and scope, and the process being within the OAS framework to promote and encourage its entry into force and incorporation into the domestic legislation.
The presentation also pointed out the importance of Convention at the international level as "a pioneering force" in the field. It also highlighted the efforts that have been made within the OAS framework to encourage the countries to ratify and implement this treaty in their respective national legislation. The presentation also emphasized the other efforts begun by the Member States and General Secretariat, within the OAS framework, to assist governments in the fight against this problem.
The Department of Legal Cooperation and Information participated in the Second Meeting of the Consultative Group for the Reconstruction and Transformation of Central America that took place on May 25-28, 1999.
The work of this group included a workshop concerning transparency and governability in Central America. In addition to a representative of the Department of Legal Cooperation and Information, other participants included Comptrollers, officers of the Supreme Court of El Salvador, the Principal Ombudsmen of the Swedish Parliament and representatives of NGOs. Included among the International Organizations participating in this event were the World Bank, the Inter-American Development Bank and the United States Agency for International Development.
At this workshop, the participants analyzed the aspects that seem indispensable for the improvement of transparency and probity in the public service of Central America. The principal conclusions and recommendations of this group were noted in the Plenary Session of the Consultative Group.
Both the beneficiary countries and the donors recognize that the result of the reconstruction effort depends, to a great a great extent, on the probity and efficiency with which these reconstruction efforts are designed and executed.
It is anticipated that these conclusions will form the basis of process that will allow for the identification of common areas of work among the donor community and the governments within the context of transparency, probity and efficiency that will allow for the reconstruction and development of the countries of Central America.
In further development of this meeting, the Department has been working on the first regional initiative to assist the countries of Central America in the strengthening and creation of Preventive Measures contained within Article III of the Inter-American Convention Against Corruption.
3. CONFERENCE ON TRANSPARENCY FOR GROWTH IN THE AMERICASThis past May 4th and 5th, the Department of Legal Cooperation and Information participated in a conference entitled Transparency for Growth in the Americas organized by the Carter Center.
Participants in this conference included five Heads of State from the Hemisphere as well as former presidents and high-ranking officials of the World Bank, International Monetary Fund and the Inter-American Development Bank.
This forum allowed for the opening of a two-day debate among leaders of the Americas, members of the private sector, journalists and NGOs. The participants debated strategies, including the place and practice of international conventions against corruption: the function of civil society, including the media and the private sector, in the promotion of transparency; and the means to improve the responsibility in the transactions between government and business.
During the closing of this event, Heads of State from 12 countries in the Hemisphere signed a Final Declaration. This Declaration, in part, recognized that the solutions to this problem should necessarily be developed in accordance with the context of each country. Also recognized was the importance that some of these other solutions given that corruption is an international issue.
4. GLOBAL ANTI-CORRUPTION FORUM
The first Global Anti-Corruption Forum was organized by the U.S. Vice President Al Gore this past February. More than 400 delegates from 89 different countries participated in this event. These delegations included presidents, ministers, and high government officials as well as representatives of civil society. The participants used this opportunity to discuss the different aspects related to this problem.
The Director of the Department of Legal Cooperation was one of the panelists at a special session concerning Global and Regional Anti-Corruption Frameworks in the Fight Against Corruption that took place on February 25.
During the closing session of this forum, the Vice President of the United States emphasized the work of the Organization of American States in the adoption of concrete measures to confront corruption in the hemisphere. He also made special mention of the cooperation project developed by the OAS in conjunction with the IDB for the implementation of the Inter-American Convention Against Corruption.
5. REGIONAL CONFERENCE CONCERNING ON THE FIGHT AGAINST CORRUPTION. EL SALVADORIn October of 1998, the Legislative Assembly of El Salvador, the Central American Inter-Parliamentary Commission Against Corruption and Drug Activity and the Salvadoran Institute for Democracy organized an international conference concerning The Role of the OAS in the Fight Against Corruption.
In addition to the members of the Inter-American Inter-Parliamentary Commission, high ranking public officials including the President of the Legislative Assembly, the Attorney General and Chief Prosecutor of the Republic as well as representatives of civil society attended the event.
Officials of the Department of Legal Cooperation were also invited to participate in the IV Meeting of the Central American Inter-Parliamentary Commission Against Corruption and Drug Activity. This meeting allowed for an exchange of experience and opinions concerning the activities developed by the two organizations in the fight against corruption and the importance of joining forces in areas of common interest.
IV. COOPERATION WITH OTHER INTERNATIONAL ORGANIZATIONS1. CONFERENCE WITH THE OECD ON COMBATING BRIBERY IN INTERNATIONAL BUSINESS TRANSACTIONS
In conjunction with the OECD and the Government of Argentina, a workshop was organized concerning Combating Bribery in International Business Transactions. The workshop took place on September 7-8, 1998 in the city of Buenos Aires.
The participants discussed in detail the content and scope of the Inter-American Convention Against Corruption and OECD Convention Against Transnational Bribery.
In addition to the participation of organizations representing civil society, officials from the World Bank, the International Monetary Fund and the Inter-American Development Bank also attended the event.
In conjunction with this activity, a working meeting took place in which representatives of the OAS and OECD discussed distinct alternatives for the establishment of permanent cooperative relations and the continuation of cooperative efforts in this area.
2. DONOR CONSULTATIVE GROUP ON ACCOUNTABILITY/ANTI-CORRUPTION IN LATIN AMERICA AND THE CARIBBEANThe Department of Legal Cooperation is a member of the Donor Consultative Group on Accountability/Anti-Corruption in Latin American and the Caribbean. This group meets quarterly. The September meeting of the Group was realized under the direction of the Department and will took place at the Organization.
The objective of this group is to maximize the effectiveness of projects and promote the efficient use of resources in the areas of government procurement, the management of public finances and anti-corruption. This objective is met through the exchange of information among multilateral institutions, bilateral agencies and governments.
Some of the other institutions participating in the Group are the United States Agency for International Development (USAID), the Canadian Agency for International Development (CIDA), the World Bank, the Inter-American Development Bank and the United Nations Development Program.
