THE 9TH INTERNATIONAL ANTI-CORRUPTION CONFERENCE GENERAL SECRETARIAT OAS.

THE 9TH INTERNATIONAL THE 9TH INTERNATIONAL ANTI-CORRUPTION ANTI-CORRUPTION

CONFERENCE CONFERENCE

GENERAL SECRETARIATGENERAL SECRETARIAT

OASOAS

THE INTER-AMERICAN THE INTER-AMERICAN CONVENTION AGAINST CONVENTION AGAINST

CORRUPTIONCORRUPTION

The OAS: Characteristics and Realities

A regional Organization

– Consisting of 34 Member States

An organization that is more political and legal than economic

Founded on common principles (to strengthen the peace and security of the continent; promote and consolidate democracy; and common action)

A Region of Contrasts

These contrasts should be taken into account in order to understand the content and scope of decisions adopted by the States within the OAS Framework, such as the Inter-American Convention Against Corruption

POPULATION OF SELECTED POPULATION OF SELECTED MEMBER STATES OF THE OAS MEMBER STATES OF THE OAS

(IN THOUSANDS)(IN THOUSANDS)

69

36577

167988

41564

75

276219

85

97366

42 1120

50000

100000

150000

200000

250000

300000

TOTAL GEOGRAPHIC AREA: IN TOTAL GEOGRAPHIC AREA: IN THOUSANDS OF KMTHOUSANDS OF KM22

8,511,965

9,976,140

756,9501,138,950

51,100 750

9,629,091

340 269 176,2200

2,000,000

4,000,000

6,000,000

8,000,000

10,000,000

12,000,000

GDP PER CAPITAGDP PER CAPITA

$28,789.00

$20,082.00

$13,047.00

$9,070.00

$881.00 $785.00 $431.00 $398.00$-

$5,000.00

$10,000.00

$15,000.00

$20,000.00

$25,000.00

$30,000.00

$35,000.00

UnitedStates

Canada TheBahamas

Argentina Guyana Honduras Nicaragua Haiti

LITERACY RATESLITERACY RATES

99.0%

77.0%

45.8%

70.7%

63.4%

88.7%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Canada El Salvador Haiti Honduras Nicaragua Peru

CIVIL LIBERTIESCIVIL LIBERTIES (1 = FREE 7 = NOT FREE) (1 = FREE 7 = NOT FREE)

117%

229%

334%

56%

414%

POLITICAL RIGHTSPOLITICAL RIGHTS(1 = FREE 7 = NOT FREE)(1 = FREE 7 = NOT FREE)

138%

229%

46%

56%

321%

Why the sudden international interest in the fight against corruption?

What are the reasons for the incorporation of this subject area into

the international framework, especially the Inter-American agenda?

Convergence of political will to fight corruption

Differences in emphasis and the reasons that have motivated one state or another to make progress in this area

Industrialized Nations:Industrialized Nations: Greater importance attached to the collapse

central planning systems, the opening of new markets, changes in the role of the State and privatization

According to a recent study: Measures that eliminate commercial barriers and privatize state monopolies have opened a new area for international contracts worth more than 200 billion dollars. These contracts will determine who builds the economies of the future.

A Difference: Transnational Bribery

A Study by the Department of Commerce of the United States: between April 1994 and May 1995, American firms have lost around 100 contracts abroad because of bribery by their competitors from other countries. These contracts were worth approximately 45 billion dollars.

Countries on the path to development in the

Americas

Emphasis:

– Strengthening democracy and the rule of law

– Creating better conditions for economic and social growth and development

Studies by North, Tanzi and Mauro: – Greater Corruption = Less Investment and Economic

Growth

World Bank Report 1997:– Corruption is one of the major obstacles for business

in Latin America

–A group of countries in the region have the worst comparative indices in this area

The Inter-American Convention Against

Corruption

Background

– Convergence of Interests

– Initiative: Venezuela

– A participatory process in the development and negotiation of the Convention

Characteristics

First treaty in this area

United Nations 1975

OECD 1977

Council of Europe 1994

The Inter-American Convention takes a broad approach to the fight against corruption (compare with: the OECD Convention: Transnational Bribery; Council of Europe: Criminal Matters; European Union: Transnational Bribery)

– International judicial cooperation and national reforms

– Punishment and preventive measures

– A process

– Shared Responsibility: States, the private sector, civil society and the international community

– Bank Secrecy: Advances in avoiding its use to hide assets and protect persons engaged in corruption

– Right to Asylum: Balancing the principles protected by asylum and those that fight corruption

– Transnational Bribery: Development of a legislative and regulatory framework

– Illicit Enrichment: Development of a legislative and regulatory framework

ENTRY INTO FORCE OF ENTRY INTO FORCE OF THE CONVENTIONTHE CONVENTION

THE INTER-AMERICAN CONVENTION THE INTER-AMERICAN CONVENTION AGAINST CORRUPTION: SIGNATURESAGAINST CORRUPTION: SIGNATURES

SIGNATURES NEEDED

8 = 23.5%

SIGNATURES26 = 76.5%

THE INTER-AMERICAN CONVENTION THE INTER-AMERICAN CONVENTION AGAINST CORRUPTION: AGAINST CORRUPTION:

RATIFICATIONS RATIFICATIONS

RATIFICATIONS NEEDED17 = 50%

RATIFICATIONS 17 = 50%

COUNTRIES THAT HAVE RATIFIED THE CONVENTION

ARGENTINAARGENTINA BOLIVIABOLIVIA CHILECHILE COLOMBIACOLOMBIA COSTA RICACOSTA RICA DOMINICAN REPUBLICDOMINICAN REPUBLIC ECUADORECUADOR EL SALVADOREL SALVADOR HONDURASHONDURAS MEXICOMEXICO

NICARAGUANICARAGUA PANAMAPANAMA PARAGUAYPARAGUAY PERUPERU TRINIDAD AND TRINIDAD AND

TOBAGOTOBAGO URUGUAYURUGUAY VENEZUELAVENEZUELA

ADVANCES SINCE THE ADOPTION OF THE

CONVENTION I. I. GENERAL ASSEMBLY AND

PERMANENT COUNCIL

– Inter-American Program of Cooperation to Fight Corruption

– Symposium on the Enhancement of Probity in the Hemisphere

– Working Group on Probity and Public Ethics

– Model Legislation on Transnational Bribery and Illicit Enrichment

II.II. Inter-American Juridical Committee

III. III. GENERAL SECRETARIAT

Workshops for the dissemination and incorporation of the Inter-American Convention Against Corruption into domestic legislation

Colombia Colombia Costa Rica Costa Rica VenezuelaVenezuela

OAS/IDB Initiative: Assisting countries with the incorporation into national legislation of the criminal measures set out in the Inter-American Convention Against Corruption

ArgentinaArgentina BoliviaBolivia ChileChile Dominican Dominican

RepublicRepublic EcuadorEcuador El SalvadorEl Salvador

GuatemalaGuatemala HondurasHonduras NicaraguaNicaragua PanamaPanama ParaguayParaguay PeruPeru

Assisting countries of Central America in incorporating the preventive measures set out in the Convention into their internal legislation

Support for a project to assist in the modernization and institutional development of legislatures in Central America

Assisting the Andean Parliament in the development of policies that promote and facilitate cooperation to combat corruption

The role of journalists in the fight against corruption

Inter-American Network of Institutions and Experts in the Fight Against Corruption

– 56 participating institutions– 19 participating countries

Anti-Corruption Information System

The Convention: The Road Ahead

The Convention: An instrument against corruption; not a magic solution

The Convention: A good navigational chart

– Signatures: 8 countries have yet to sign the Convention

– Ratification: 17 countries have yet to ratify the Convention

– Incorporation into internal legislation

– Application

STEPS THAT STILL NEED TO BE TAKEN

Complimentary legal developments at the Inter-American level

Ratification, incorporation into internal legislation, and application of other international conventions (e.g. The Inter-American Convention on Mutual Assistance in Criminal Matters, Inter-American Convention on Extradition)

Legal Developments to Combat Money Laundering

THE 9TH INTERNATIONAL THE 9TH INTERNATIONAL ANTI-CORRUPTION ANTI-CORRUPTION

CONFERENCE CONFERENCE

GENERAL SECRETARIATGENERAL SECRETARIAT

O.A.S.O.A.S.