148 Forum on Crime and Society, Vol. 2, No. 1, December 2002 However, it would be wrong to deny the clear evidence that, to a greater or lesser degree

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1 For a global approach to fighting corruption: Colombia s steps towards transparency By Héctor Charry Samper 1 The oft-quoted aphorism of Lord Acton, Power corrupts and absolute power corrupts absolutely, is a historically proven truth. Open systems, the enjoyment of liberties, respect for institutional limits and genuine democratic procedure undoubtedly constitute progress towards countering corruption, but can one be blind to the spread of corruption in powers that are not absolute, in flourishing societies or States firmly founded on the rule of law? It is the insidious, mobile aspect of corruption that makes combating it a challenge for all to meet; it is essential to formulate a response and be committed to it. The list of legal instruments on corruption is impressive. And there can be no justification at this point for bringing down the minimum standards already adopted, not even for the sake of achieving their supposed universalization or increasing the chances of their being ratified. Corruption breeds in an opaque and clandestine world; it must be combated by cultivating transparency and integrity. Setting aside legitimate argument over its important ideological and practical implications, globalization is a fact of life deriving from formidable technical and scientific developments that have a tangible daily reality. The task ahead is formidable and multifaceted, but its one unifying element should be the conception, development and negotiation of a convention against corruption. This is not a case of simply adding yet another text to those which exist already, albeit one with a broader geographical scope. Goals must be set that are greater than those of the past; the doors must be thrown wide open to a global and sustained effort. In a kind of collective catharsis, States need to rally together to bring about a profound change in behaviour. They must reach beyond their natural differences and the diversity of their situations; they may require internal adjustment, a strengthening of controls, a reform of practices and more effective and more extensive international cooperation among government institutions and private agencies alike. For many years now, governance standards have existed and, except perhaps in certain countries, there have even been institutions in place. 1 Chairman of the Ad Hoc Committee for the Negotiation of a Convention against Corruption, Permanent Representative of Colombia to the United Nations Office (Vienna) and other international organizations, former Minister of Justice of Colombia.

2 148 Forum on Crime and Society, Vol. 2, No. 1, December 2002 However, it would be wrong to deny the clear evidence that, to a greater or lesser degree, what is known as corruption is gaining ground; it is even encroaching on the agencies and institutions designed to contain it, such as parliamentary assemblies, the judiciary and regulatory bodies. The fragility of law unaccompanied by will is wont to create vast distances that tend to make sceptics of citizens the world over. Cultural differences must be recognized and respected and specific conditions must be examined in order that common denominators capable of improving the situation can be identified. There is a need to affirm certain ethical principles, a scale of values that forms a common bedrock underlying different cultural currents. These enrich what can be seen as common civilization, a common identity that can be found through action undertaken together. The overlap of the public and private spheres and even at times their confusion appear to be one of the defining features of our time. The growing trend of transnational crime includes corruption and necessitates a sharing of responsibilities. In the seventeenth century, the poet and nun Sor Juan Inés de la Cruz, although writing about prostitution rather than corruption, asked: Or who is more to blame, Though both of them do ill, She who sins for pay, Or he who pays to sin? An additional effort to combat corruption will be required of international organizations such as the United Nations and the Bretton Woods organizations (the World Bank, International Monetary Fund and the World Trade Organization), and of regional systems and the new integration arrangements, of the public sector and private enterprise, of the churches and the media, of civil society and political parties. The financial and banking institutions and multinational corporations will also be called upon to step up their efforts to prevent corruption, combat it and eliminate it as a global phenomenon. The fight against corruption as a global civic duty No country, whether developed or developing, is immune to corruption and each can offer clues as to how best to deal with it. What is essential is to take action against it, to reject the idea that it is an inevitable condition to which people are condemned. No matter how far advanced the problem of corruption is, it can be fought. It hurts everyone, and it is up to each person to oppose it by adopting an approach that is at once consensual, idealistic and pragmatic. It is useless to hope for miracle formulas or instant solutions. Secretary-General Kofi Annan (2002) was right in stating in his address to the Preparatory Committee for the International Conference on Financing for Development at its fourth session, held in New York from

3 For a global approach to fighting corruption to 25 January 2002, that for the International Conference to be a success, it must strengthen and sharpen the consensus that now exists on the policies, mechanisms and institutional frameworks which are required, within the developing countries, to mobilize domestic resources, as well as to attract and benefit from international private capital flows and particularly from foreign direct investment. Agreement to conclude a comprehensive international convention against corruption providing, for example, for the repatriation of illegally transferred funds would also be a major step forward. That should strengthen the resolve in tackling the different types of corruption that exist in all societies. What is appearing now are antimodels of corrupt conduct that strike not only at moral standards, but also at the very governability of a country, producing destabilizing effects that are quantifiable in terms of gross domestic product and that undermine the best models and paradigms. There is a need to work towards the creation of a universal culture of international responsibility, a global civil duty. Individual efforts: the Colombian national strategy against corruption The global battle against corruption is the sum of the approaches of individual States. In the case of Colombia, the challenge facing the Administration is how best to foster an effective and efficient local government and a judicial system of integrity. The only option for Colombia, as for any sovereign State, appears to be to strengthen the institutional anticorruption framework in order to contribute indirectly to the prevention of abuses of public office for personal benefit and to break the cycle of interaction between the public and private sectors. The Government of Colombia has made anti-corruption reforms one of its policy priorities by establishing a presidential programme against corruption. Similar programmes have been developed by institutions such as the General Prosecutor s Office (Fiscalía General), the Solicitor General s Office (Procuraduría), the Auditor General s Office (Contraloría) and the Bogotá Chamber of Commerce, which is a private effort. Although the anti-corruption initiatives taken by the Government so far have been substantive and laudable, key areas such as the judicial branch and the administration of the issuing of permits, public health and public education lack effective management and social control. The implementation of social control mechanisms through close collaboration with the judicial system, the executive and legislative branches and other control agencies is also a technical issue to be addressed. Those mechanisms are the key to building trust in public institutions among the population in general, and transparency in the relations between the State and private citizens in particular. Their implementation would increase political stability and good governance, both essential preconditions for lasting economic, social and political development.

4 150 Forum on Crime and Society, Vol. 2, No. 1, December 2002 A case of international cooperation against corruption Within the framework of the global programme against corruption, the Government of Colombia requested the Centre for International Crime Prevention to assist it in incorporating best governance practices in local and national public policies at key government institutions, who then created a pilot corruption programme. That assistance is based on a strong pre-existing foundation that includes political will, which at the same time has the technical capacity to execute reforms and a strong operational partnership with civil society. A memorandum of understanding was signed on 1 May 2001 by the Minister of Foreign Affairs of Colombia and the Director of the Centre for International Crime Prevention. The elements of the programme were developed in close collaboration with the presidential programme against corruption and with the Ministry of Foreign Affairs. Other authorities within the executive, legislative and judicial branches also provided useful inputs. The aim of the programme is to create a national integrity committee composed of the leading members of every sector of Colombian society and the State who will orient the national policy against corruption and act as points of contact for the international organizations. It is intended that the committee should adhere to the following principles: q q q Integrity. The members of the committee must be perceived by the general public to have a high level of credibility; Representation. The members of the committee should be chosen from those working within the main entities of the public sector and those involved in the fight against corruption from the private sector, including the church and youth; Independence and stability. The committee must be independent of the Government and political parties, and must not be affected by any changes in government. The objective of the committee is to address the institutional weaknesses that foster corruption at the local level and that have implications for the public sector nationwide. The pilot programme is to deal with the precarious situation in the provision of public services, including the maintenance of law and order, starting at the level of local government, which has strong implications for future reform at the national level. The provision of public services by local governments through the judicial, legislative and executive branches directly affects the quality of life and the security of the population. In order to improve the institutional effectiveness of local government as the provider of public services, the joint project will address the inadequate integrity and capacity of a significant number of public officials in their interaction with the general public. There is a lack of capacity at the local government level and within the executive, legislative and judicial branches as a whole to deal with the eradication of corrupt practices. This is linked to the difficulties

5 For a global approach to fighting corruption 151 experienced by the State in establishing a result-based public sector management system based on social control mechanisms. The stakeholderendorsed anti-corruption action plans for improving integrity that had previously been established with the assistance of various national and international institutions such as the World Bank have suffered from insufficient operational capacity at the grass-roots level within the executive, the judicial and, in particular, the legislative branches. The information about the types, levels, cost, causes and remedies of corruption required for evidence-based planning will be obtained through assessments of the capacity and integrity of three local governments, in Ibagué, Manizales and Pasto, which will include: a desk review of all information regarding corruption at the local government level; face-to-face interviews with mayors, judges, lawyers and prosecutors; opinion surveys with court users; case studies of examples of corruption among local officials from the executive, legislative and judicial branches; an assessment of the rules and regulations governing the behaviour of public officials; a review of the institutional and organizational framework of the criminal justice system at the local level; and an assessment of surveybased frequencies of perceived institutional quality and corrupt practices. The three pilot jurisdictions were selected by following unbiased technical requirements that included assessments of their political willingness to execute reforms within a relatively short period and the capacity of civil society to actively support those reforms. They were chosen after consultation with the presidential programme against corruption and the Ministry of Foreign Affairs, thus demonstrating the political willingness of Colombia s highest authorities to implement institutional reforms. The executive, legislative and judicial sectors in the three local governments have formally agreed to participate in the pilot programme. It is hoped that the immediate beneficiary will be civil society. The experience of Colombia serves to illustrate why the global battle to eliminate corruption needs to be waged on the historical, social, economic and cultural fronts. Despite the difficulties involved, people from all segments of society must dedicate themselves to this effort, for to do so is, in effect, a civic duty on a global scale. Success in the endeavour will not only improve the efficiency of government, but will also have tangible benefits in terms of gross domestic product and quality of life. The fight against corruption must be a policy of the State rather than of a Government, which could fine-tune it, when necessary, to make it more effective and holistic. References Annan, Kofi (2002), statement presented to the Preparatory Committee for the International Conference on Financing for Development, fourth session, New York, 14 January. Available online at < sgsm8098> (accessed on 24 May 2002).

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