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SPECIAL REPORT

Corruption:
The Achilles Heel of Latin
American Democracies
Madrid, September 2016

Barcelona • Bogota • Buenos Aires • Havana • Lima • Lisbon • Madrid • Mexico City • Miami • New York City • Panama City • Quito • Rio de Janeiro • Sao Paulo
Santiago • Santo Domingo • Washington, DC
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

1. INTRODUCTION

In 2015 and 2016 corruption gained notoriety and became a


1. INTRODUCTION
significant issue in Latin America due to the magnitude of the
2. LATIN AMERICA: CORRUPTION
FROM NORTH TO SOUTH
cases that have seen the light. Corruption is still very present
in the region, despite the substantial changes that have taken
3. COMPREHENSIVE SOLUTIONS:
INVESTING IN INSTITUTIONAL place in recent years involving the creation of an institutional
AND HUMAN CAPITAL framework that, with its virtues and faults, strengths and
4. CONCLUSIONS weaknesses, helps control and prosecute corruption.

Furthermore, there is now a middle-class society that is more


urban, better prepared, autonomous and able to mobilize to
demand transparency and punishment for corruption, as has been
the case in countries as geographically and culturally diverse as
Brazil or Guatemala. At the same time, today it is harder to cover
up and hide corruption or simply silence protests by resorting to
political patronage. These mobilizations have accelerated change.
Examples include Mexico, where in late February 2015 the Lower
House approved a constitutional change to create a “national
anti-corruption system,” and Guatemala, where in May protests
led to the resignation of Vice President Roxana Baldetti due to her
involvement in a corruption case and, four months later, to the
resignation of President Otto Perez Molina.

But, what is corruption? It is a universal phenomenon that is


difficult to define and quantify.

a) Firstly, it is not an exclusively Latin American phenomenon as it


occurs in different parts of the world, from African dictatorships
to one-party regimes, such as China, as well as consolidated
European democracies.

Corruption, therefore, is a problem experienced by all


countries that differs in terms of extent and scope. Behind the
corruption phenomena, which delegitimizes governments–be
they democratic or authoritarian – lies, in essence, flaws of an
institutional nature as well as of poor human capital training.
In short, corruption has little to do with cultural, ethnic or
geographic issues. Singapore is a good example of a country that
suffered from systemic corruption and has now become one of
the least corrupt nations. It has shown that, despite having strong
family ties, collectivist cultures and ethnic diversity, all elements
that correlate positively with corruption, it has been able to make
significant progress in anti-corruption matters.

2
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

b) Secondly, corruption is a difficult term to define: there is


no consensus when it comes to describing and defining it, and
several definitions of corruption exist, ranging from the one
used by Transparency International to that of the World Bank.1
However, none of them has obtained a general consensus in the
academic world.

c) Thirdly, corruption is difficult to quantify. Measuring


corruption is not easy since it occurs in secret: costs are difficult
to measure but they are definitely very high.

“There is no doubt In 2013 the World Bank estimated that bribes paid in both
developing and developed countries in 2001-2002 amounted to $1
that countries with trillion, 3 percent of the world’s GDP. According to the Bank of
widespread corruption Mexico, corruption accounts for approximately 9 percent of the
experience a loss of GDP. In 2010, the Federation of Industries of the State of São Paulo
competitiveness” estimated that corruption had cost between 1.4 and 2.3 percent
of the Brazilian GDP. In Peru, it is estimated to account for 2
percent of the GDP, according to former Prime Minister Ana Jara.
In Guatemala, according to estimates by NGO Acción Ciudadana,
around 12 billion quetzals of the nation’s 2015 general budget were
lost in corrupt practices, of which between 25 and 30 percent were
aimed at public investment.

There is no doubt that countries with widespread corruption


experience a loss of competitiveness. Furthermore, the economic
consequences of corruption include inhibiting foreign investment
as well as reducing the productivity of public expenditure and the
effectiveness of public policies, since it distorts the allocation of
resources, all of which lead to lower growth.

Therefore, identifying and quantifying the costs of corruption is


essential to understanding the extent of the problem, but the task
is not simple. As Maria Amparo Casar, professor and researcher
at the Centro de Investigación y Docencia Económicas (CIDE)
department of political studies notes, “some costs caused by
corruption are straightforward and easier to calculate ... Other
costs are not easy to document or to quantify: for example, the
decline in the productivity of the capital invested by companies,
investments that stop coming, the reduction in the quality of
goods produced and services provided or the payments that have
to be made in order to obtain authorization to open a business.
Whether the costs are direct or indirect, it is known that the most
damaging effects of corruption ... are economic in nature.”

1
Transparency International, for example, defines it as “the abuse of public power
for private gain.”

3
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

The persistence of corruption in Latin America is one of the


greatest threats facing democracies in the region because it
damages the democratic institutional framework and one of
its main pillars, the party system. In Latin America, there are
not only plenty of cases of corruption but a widespread social
perception that the levels of corruption are high. This renewed
perception of corruption coincides with an unfavorable scenario
marked by the economic crisis or downturn that aggravates
social problems.

“The region has made This combination of high perception of corruption, economic
little progress to put crisis/slowdown, and social tension/unrest represents a fatal blow
to the region´s democratic system. Peter Hakim, president of the
an end to, or even to Inter-American Dialogue, believes that “with the exception of a
modestly slow down, few countries, corruption is endemic throughout Latin America.
corrupt practices over Despite the rhetoric of political leaders of all ideological leanings,
the last 20 years... backed by regional treaties, national plans and thousands of
campaigns, the region has made little progress to put an end to,
corruption appears or even to modestly slow down, corrupt practices over the last
to be permanent 20 years... corruption appears to be permanent and pervasive in
and pervasive” almost all Latin American countries.”

The following pages examine the most significant cases of


corruption that the region has experienced in recent years and
systematizes the structural problems facing the region in terms
of institutionalization, supervision and control, and transparency,
all of which are fundamental tools when it comes to combating
corruption effectively.

4
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

2. LATIN AMERICA: 20 percent of opinions to that


CORRUPTION FROM effect) followed by Honduras
NORTH TO SOUTH with 11 percent, Brazil and
Colombia, with Chile being
“In the long term, the biggest the last country on the list of
challenge for Latin America is Latin American countries with
to be more competitive in the 1 percent.
global economy and, among
other things, to diversify its New cases of corruption that
exports and improve its poor have seen the light in 2015 and
standards of education and so far 2016 have caused this
innovation. But in the short phenomenon to escalate as a
term, Vargas Llosa is right: reason for social concern in a
corruption is the biggest threat region where distrust of others
to the region.” and of institutions prevails.
According to the 2015 Latino-
(Andres Oppenheimer) Barometer, only 17 percent
of Latin Americans trust a
“The most transparent Corruption is a hot topic stranger and 30 percent trust
in Latin America right now democratic institutions, data
country in the region
but, actually, it is an old that make the region “the most
and is ranked number acquaintance. Historically, distrustful on Earth.”
21 in the world, scoring it is considered to be one of
74 points out of a the main problems in many Furthermore, the latest
countries of the region, and the Corruption Perception
maximum of 100” recurrent idea that high levels Index published by NGO
of corruption characterize Transparency International (TI)
these countries persists among in January 2015 suggests that
the population. corruption remains “a systemic
problem in Latin America.”
The 2013 “Latino-Barometer” Uruguay continues to lead as
reflected, even before the the most transparent country
current wave of corruption in the region and is ranked
cases, that this phenomenon number 21 in the world, scoring
ranked third alongside the 74 points out of a maximum of
state of the economy (6 percent 100. Uruguay has improved by
of respondents) as being one point and thus widened
among the most important its distance from Chile, which
problems of the region only has dropped three points,
behind public safety (24 taking it to 70, and is ranked 23
percent) and unemployment in the world. Only three Latin
(16 percent). The problem American countries “pass” the
was perceived as the most corruption test, meaning they
disturbing in Costa Rica (with are above average in terms of

5
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

transparency (Chile, Uruguay ranking 130, although it shows


and Costa Rica). According a three-point improvement
to TI’s report, corruption in from the previous report,
the rest of the 16 countries of which is attributed to the
Latin America is below this measures taken to boost the
level. And in general, only business climate in the region.
two regions of the world are Nicaragua is in the same
perceived as more corrupt than position, and just slightly above
Latin America: Sub-Saharan it ranking 123, is Guatemala,
Africa, and Eastern Europe & with 28 points.
Central Asia.
Honduras has fallen by two
As shown in the 2015 points and is ranked 112, while
Corruption Perception Index, Ecuador, which has dropped
the rest of the countries are one point, and Argentina,
ranked as follows: Venezuela which dropped two, share
ranks last at 158, with only position 107, with a score of 32.
17 points, two less than in Ranked 103 is the Dominican
the previous index. It shares Republic, scoring 33 points. In
ranking with Haiti, which position 99 is Bolivia, with 34
continues its negative trend points, and in 95 Mexico, with
and has also dropped two 35 points. Despite not showing
points. Paraguay also remains significant changes from the
among the lowest scorers, previous index, the level of
corruption in Mexico is similar
to that of the Philippines,
Armenia and Mali. Peru has
dropped two points, to 36, and
is ranked 88 in the index, while
Colombia remains stable with
37 points, putting it in the 83rd
Figure 1. Corruption Perceptions Index 2015
position. Cuba, meanwhile,
Uruguay has achieved a higher ranking,
Chile
Costa Rica occupying the 56 position.
Cuba
El Salvador
Uruguay and Chile, on the
Brazil other hand, are at the top the
Colombia
Peru list, with a CPI score of 74 7
Mexico
Bolivia
70, respectively.
Dominican Republic
Argentina
Ecuador What conclusions can be drawn
Honduras
Guatemala
from this index? Basically, two.
Nicaragua Firstly, the region is highly
Paraguay
Haiti heterogeneous regarding
Venezuela
the incidence of corruption;
0 10 20 30 40 50 60 70 80
secondly, while there has been
Source: Transparency International progress in the fight against
corruption, it has clearly been

6
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

insufficient at a global scale, Uruguay scored 6.8. Finally,


with a few exceptions (the a little further down is Costa
most striking being Uruguay): Rica, with a score slightly
higher than 5. Low corruption,
1. The index shows the great as is the case in these three
diversity of a region in which countries, indicates that there
only three countries are above is an effective judicial system
average, and two of them that operates autonomously
have corruption levels that with respect to the plaintiff
resemble those of the OECD and the possible violator,
countries (Chile and Uruguay) resulting in less impunity
with a score higher than 7. In for corruption.
2010, only Chile exceeded 7 and

Figure 2. Corruption perceptions index 2015

corruption
perceptions
index 2015
The perceived levels of public sector
corruption in 168 countries/territories
around the world.

Score
Highly Very
Corrupt Clean

0-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-100 No data

rANK coUNTrY/TerrITorY Score 21 Uruguay 74 rANK coUNTrY/TerrITorY Score 61 Italy 44 rANK coUNTrY/TerrITorY Score 99 Djibouti 34 rANK coUNTrY/TerrITorY Score 139 Guinea 25 rANK coUNTrY/TerrITorY Score
1 Denmark 91 22 Qatar 71 40 Costa Rica 55 61 Lesotho 44 76 Thailand 38 99 Gabon 34 119 Guyana 29 139 Kenya 25 158 Haiti 17
2 Finland 90 23 Chile 70 40 Latvia 55 61 Montenegro 44 76 Tunisia 38 99 Niger 34 119 Russia 29 139 Laos 25 158 Guinea-Bissau 17
3 Sweden 89 23 Estonia 70 40 Seychelles 55 61 Senegal 44 76 Zambia 38 103 Dominican 33 119 Sierra Leone 29 139 Papua New 25 158 Venezuela 17
Republic Guinea
4 New Zealand 88 23 France 70 44 Rwanda 54 61 South Africa 44 83 Benin 37 123 Gambia 28 161 Iraq 16
103 Ethiopia 33 139 Uganda 25
5 Netherlands 87 23 United Arab 70 45 Jordan 53 66 Sao Tome 42 83 China 37 123 Guatemala 28 161 Libya 16
Emirates and Principe 103 Kosovo 33 145 Central African 24
5 Norway 87 45 Mauritius 53 83 Colombia 37 123 Kazakhstan 28 Republic 163 Angola 15
27 Bhutan 65 66 The FYR of 42 103 Moldova 33
7 Switzerland 86 45 Namibia 53 Macedonia 83 Liberia 37 123 Kyrgyzstan 28 146 Congo Republic 23 163 South Sudan 15
28 Botswana 63 107 Argentina 32
8 Singapore 85 48 Georgia 52 66 Turkey 42 83 Sri Lanka 37 123 Lebanon 28 147 Chad 22 165 Sudan 12
28 Portugal 63 107 Belarus 32
9 Canada 83 48 Saudi Arabia 52 69 Bulgaria 41 88 Albania 36 123 Madagascar 28 147 Democratic 22 166 Afghanistan 11
30 Poland 62 107 Côte d´Ivoire 32 Republic of the
10 Germany 81 50 Bahrain 51 69 Jamaica 41 88 Algeria 36 123 Timor-Leste 28 Congo 167 Korea (North) 8
30 Taiwan 62 107 Ecuador 32
10 Luxembourg 81 50 Croatia 51 71 Serbia 40 88 Egypt 36 130 Cameroon 27 147 Myanmar 22 167 Somalia 8
32 Cyprus 61 107 Togo 32
10 United Kingdom 81 50 Hungary 51 72 El Salvador 39 88 Indonesia 36 130 Iran 27 150 Burundi 21
32 Israel 61 112 Honduras 31
13 Australia 79 50 Slovakia 51 72 Mongolia 39 88 Morocco 36 130 Nepal 27 150 Cambodia 21
32 Lithuania 61 112 Malawi 31
13 Iceland 79 54 Malaysia 50 72 Panama 39 88 Peru 36 130 Nicaragua 27 150 Zimbabwe 21
35 Slovenia 60 112 Mauritania 31
15 Belgium 77 55 Kuwait 49 72 Trinidad and 39 88 Suriname 36 130 Paraguay 27 153 Uzbekistan 19
36 Spain 58 Tobago 112 Mozambique 31
16 Austria 76 56 Cuba 47 95 Armenia 35 130 Ukraine 27 154 Eritrea 18
37 Czech Republic 56 76 Bosnia and 38 112 Vietnam 31
16 United States 76 56 Ghana 47 Herzegovina 95 Mali 35 136 Comoros 26 154 Syria 18
37 Korea (South) 56 117 Pakistan 30
18 Hong Kong 75 58 Greece 46 76 Brazil 38 95 Mexico 35 136 Nigeria 26 154 Turkmenistan 18
37 Malta 56 117 Tanzania 30
18 Ireland 75 58 Romania 46 76 Burkina Faso 38 95 Philippines 35 136 Tajikistan 26 154 Yemen 18
40 Cape Verde 55 119 Azerbaijan 29
18 Japan 75 60 Oman 45 76 India 38 99 Bolivia 34 139 Bangladesh 25

#cpi2015
www.transparency.org/cpi

Source: Transparency International

7
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

Secondly, far from the


Figure 3. Corruption in Latin America: Corruption Perception Index developed countries, there
is a large group of nations
Honduras: 23,0% such as Brazil, Colombia,
Nicaragua: 14,7 % Cuba, Dominican Republic,
Panama: 18,8 % El Salvador, Guatemala,
Mexico: 27,2 %
Colombia: 13,6 % Mexico, Panama, Argentina,
Bolivia, Ecuador, Nicaragua
Guatemala: 20,7%
Venezuela: 26,6 %
*
El Salvador: 9,8 % and Peru, scoring between 30
Costa Rica: 15,5 %
*
Guyana: 15,8 %
and 40 (only Cuba and Brazil
Honduras: 23,0%
Ecuador: 26,0 % Suriname: * exceed 40).
Peru: 26,4 %
Brazil: 13,9 %
País Porcentage of the population that
has been victim of corruption, 2014 Bolivia: 30,2 %
Finally, the countries that
Ranking list of the 175 coutries with Chile: 5,3 %
Paraguay: 28,1 %
are worse off are Honduras
the highest levels of corruption:
Uruguay: 6,7 % (ranking 126 with a score of
>150 60-90
29), Nicaragua (133rd with 28
points), Paraguay (150th with
Argentina: 16,8 %
120-150 30-60

90-120 <30 24 points) and Venezuela (161st


* No data available with 19 points), which have
scores below 3.
Source: Gestión newspaper, Transparency USAID, The Economist

2. Latin American countries


Figure 4. Corruption Perception Report: Comparison 2004 vs. 2015 have experienced little
progress in terms of anti-
COUNTRY POSITION IN 2004 POSITION IN 2015 corruption in recent years.
Uruguay 28 21 The index confirms that
Chile 20 23 corruption remains endemic in
Costa Rica 41 40 the region and has become one
Cuba 62 56 of the outstanding issues of the
El Salvador 51 72
democracies that were rebuilt
Panama 62 72
after the 80s. Latin America
Brazil 59 76
consolidated its institutions
and democracies 35 years ago,
Colombia 60 83
carried out major structural
Peru 67 88
reforms between 1980 and 1990,
Mexico 64 95
and took a considerable part of
Bolivia 122 99
the population out of poverty
Dominican Republic 87 103
between 2003 and 2013, but in
Argentina
108 107
that time it has not made all
Ecuador 112 107 the progress necessary in the
Honduras 114 112 fight against corruption.
Guatemala 122 123

Nicaragua 97 130 According to José Antonio


Paraguay 140 130 Alonso, professor of Applied
Venezuela 114 158
Economics at Universidad
Haiti 145 158
Complutense in Madrid,
there are three traits that
Source: Prepared by us using data from Transparency International

8
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

characterize the region as a


whole in terms of corruption:
Figure 5. CPI by region
Some relatively average levels
Africa of corruption incidence,
with better average levels
Latin America
than those of Africa or Asia,
Asia but significantly lower than
those of Western Europe and
Europa
North America.
North America
The region is very
Oceania heterogeneous: it encompasses
0 2 4 6 8 10 countries with very low
levels of corruption as
Source: Jesús G. Ugaz Sanchez-Moreno
well as others in which the
phenomenon “takes on
disturbing proportions.”

On average, we see a
Figure 6. CPI’s global position in Latin America slight progress in scores,
POSITION OF COUNTRY COUNTRY 2015 CPI SCORE although this is not true of
(GLOBAL) all countries, “and it is not
21 Uruguay 74 linear throughout the period.
23 Chile 70 In any case, it reflects a
40 Costa Rica 55 process that, modestly, can
56 Cuba 47 be deemed positive.”
72 El Salvador 39

72 Panama 39 Most Latin American countries


76 Brazil 38 have been afflicted by major
83 Colombia 37 corruption cases that are
88 Peru 36 causing serious problems for
95 Mexico 35
different governments, parties
99 Bolivia 34
and institutions in the region.
103 Dominican Republic 33
From Mexico and Guatemala to
107 Argentina 32
Chile and Argentina, Brazil and
Colombia to Peru and Bolivia,
107 Ecuador 32
numerous haphazard scandals
112 Honduras 31
have surfaced, delivering a
123 Guatemala 28
blow to both center-left and
130 Nicaragua 27
leftist governments (such
130 Paraguay 27
as that of Dilma Rousseff,
158 Haiti 17
Cristina Kirchner and Michelle
158 Venezuela 17
Bachelet) and those of the
Source: Transparency International

9
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

center-right (Otto Pérez former private secretary, Juan


Molina, Enrique Peña Nieto Carlos Monzón, and by officials
or Ollanta Humala).2 of the nation’s tax authority.

The most striking events The public reacted


have occurred in Guatemala, by organizing mass
where a customs fraud scandal demonstrations in the
(“La Línea” corruption case) capital´s Central Park, calling
ended with the resignation for the resignations of Péeez
and imprisonment of Vice Molina and Baldetti. The
President Roxana Baldetti vice president resigned on
in May, and President Otto May 8, but the situation
Perez Molina´s resignation in worsened when Guatemala´s
September (a few days after International Commission
the first round of presidential against Impunity (CICIG) and
elections). Judicial officers state prosecutors exposed, on
and a UN-endorsed body May 22, the fraudulent contract
dismantled a criminal structure between the Guatemalan
that received bribes from Social Security Institute (IGSS)
importers to avoid paying and Droguería Pisa. On July 9,
customs duties. The network the government was tarnished
was allegedly led by Baldetti’s once again by Gustavo
Martinez’ arrest, the president’s
former secretary general,
which led in August to a mass
demonstration that brought
together 100,000 people in the
Figure 7. Corruption Perceptions Index: 2002 vs. 2015 Guatemalan capital’s Central
Park, a prelude to the fall of
80 the head of state.
70
In the end, an official, two
60
former ministers and a
former congressman were
50

40
2
This is not an unprecedented pheno-
menon: in the 90s several corruption
30 cases became front-page news such as
those involving Latin American presi-
20 dents, including: Arnoldo Aleman (Nica-
ragua), Miguel Ángel Rodríguez (Costa
10 Rica), Augusto Pinochet (Chile), Alfonso
Portillo (Guatemala), Jean-Bertrand
0
Aristide (Haiti), Luis González Macchi
ay ile ica uba dor ama razil bia eru xico livia blic tina dor uras ala gua uay aiti uela (Paraguay), Abdala Bucaram (Ecuador),
ug
u Ch ta R C lva an B lom P u a m
Me Bo Rep rgen Ecu ond uate icar ara
a g H ez
Ur o s Sa P Co P Ve
n Fernando Collor de Mello (Brazil), Carlos
C El an A H G N
i nic Andras Perez (Venezuela), Alan Garcia
o m
D
(Peru), Carlos Menem (Argentina), Alber-
to Fujimori (Peru) and Carlos Salinas de
Source: Transparency International
Gortari (Mexico).

10
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

among the 24 arrested during money, although it is estimated


the operations carried out that the amount could be up to
against corruption and money three times higher than that.
laundering, which implicated Suspicions of corruption have
the former president of spread to other sectors.
Guatemala, Otto Pérez Molina.
In Argentina, there have been
“In Argentina, there In Chile, Michelle Bachelet’s lawsuits filed against former
have been lawsuits approval ratings have fallen President Cristina Fernandez
to their lowest historical and her late husband and
filed against former records at around 22-24 predecessor, Nestor Kirchner,
President Cristina percent after details of the for an alleged illicit gain
Fernandez and “Caval case” scandal dubbed during their more than 12
“Nuera-Gate” (nuera being the years in power. An Argentine
her late husband Spanish word for daughter-in- prosecutor opened an
and predecessor, law) were disclosed (the son investigation against Cristina
Nestor Kirchner” of the President, Sebastián Fernandez de Kirchner for the
Dávalos, had access to inside crime of bribery, in connection
information and used his with alleged irregularities
political influence to secure committed by a real estate
a loan for his wife Natalia agency with connections to her
Compagnon’s company). This family. The former president
case caused a widespread had already been charged in
crisis of confidence in the the same case, along with her
party system. son, Maximo Kirchner, for illicit
enrichment and falsification
Meanwhile, in Brazil, of public documents. The file
the “Petrobras case” has details corruption scandals in
splashed the reputation of the previous government, and
the Brazilian political and mentions businessman Lazaro
business class and damaged Baez as the principal public
the relationship between works contractor in the south
Partido dos Trabalhadores (although he has businesses
(PT) and its main longstanding in other areas as well) during
ally, the PMDB, who formed the Kirchner period (2003-
a coalition that sustained 2015). The businessman, who
Dilma Rousseff’s government. was detained for alleged
As part of Operation Car money laundering and tax
Wash (Lava Jato), a web of evasion, is being investigated
bribes and money laundering on the suspicion that he was
in Petrobras, Brazil’s state- the figurehead of former
owned oil company, is under President Nestor Kirchner
investigation. The company (deceased in 2010) and his
reckons it has lost more than wife, Cristina, fraudulently
6.2 billion reales (some $2 wiring some 55 million euros
billion) due to the deviation of to offshore accounts, mostly

11
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

in Switzerland. This case was them contracts with the state


uncovered in 2013 through in the regions and obtain
a journalistic investigation personal economic benefits.
and is part of the so-called
“Political parties ‘K Money trail’ that includes In 2014 Colombia was tarnished
other officials. One of the most by the fact that public funds
are the institutions
publicized cases is the one were used to “buy political
in which people that involves former Public support” and elections (dubbed
have less trust” Works Secretary during the as the distribution of “jam”). In
Kirchner period, Jose Francisco 2015 Colombia faced another
Lopez, who was arrested in scandal that shook public
a monastery carrying bags confidence in a key institution
containing an undeclared $8 such as the Constitutional
million. Up until that point Court. Its president, Jorge
he was being investigated for Pretelt, temporarily stepped
alleged illicit enrichment. down from his position in
order to prove his innocence
In Peru, the final period of in a corruption scandal
Ollanta Humala’s government in which he was allegedly
has been tainted by the involved. The complaint
consequences of the “Belaunde against Pretelt claims that he
case,” especially because the solicited a bribe of $200,000
first lady Nadine Heredia was from a lawyer in order for
implicated and investigated the court to rule in favor of a
by state prosecutors for the trust company he represented.
alleged offense of laundering Regarding institutional
assets. A Peru´s Congress confidence in Colombia,
commission included Heredia according to 2015 LAPOP’s
in the investigation into the AmericasBarometer, available
alleged illegal activities of at the Democracy Observatory
businessman Martin Belaunde of Universidad de Los Andes,
Lossio. He is being investigated the institution that enjoys
for the case “La Centralita,” an greatest public confidence is
office from which he allegedly the Catholic Church, followed
spied on political opponents by the Armed Forces, the
of Ancash´governor, Cesar Evangelical Churches and the
Alvarez. He is also accused government. Political parties
of an alleged crime of money are the institutions in which
laundering in which he people have less trust (García
managed interests of private Montalvo and Seligson, 2015).3
companies in order to award

3
Garcia, M., Montalvo, J. and Seligson, M. (2015). The political culture of democracy
in Colombia, 2015. Democratic attitudes in areas of territorial consolidation. [online]
Democracy Observatory.

12
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

In Panama, former President in recent years the country has


Ricardo Martinelli faces a been perceived as one of the
complicated situation for most corrupt in Latin America,
alleged corruption. The according to Transparency
Panamanian Supreme Court International’s 2015 Corruption
admitted three cases against Perception Index.4 The most
the former head of state notorious case of the decade
between 2009 and 2014, the was that of Felix Bautista.
last of them regarding some The senator from San Juan de
pardons granted at the end la Maguana´s province was
of his mandate. In January allegedly involved in illicit
2015, the Court initiated a enrichment, laundering, and
case against Martinelli for forgery. The Supreme Court
the alleged crimes committed finally dismissed the case on
against public administration technical grounds in favor of
involving irregularities in Bautista and others accused of
“Transparency the purchase of dried food alleged corruption and money
International included for public schools. As a laundering against the state,
consequence, Martinelli´s which was harshly criticized
Felix Bautista in immunity, as a member of the by many sectors. Transparency
fourth place in the Central American Parliament International, as part of a
list of individuals, (PARLACEN), who fled the public vote it conducted to
companies and country hours before an look for the most notorious
investigation into the case of corrupted figure, included Felix
states that symbolize dried food was due to open, Bautista in fourth place in the
grand corruption” was removed. list of individuals, companies
and states that symbolize
In the Dominican Republic grand corruption.
corruption and political
patronage have occurred In Mexico President Enrique
repeatedly throughout Peña Nieto has faced not only
history. Not surprisingly, the economic and security scandals
Trujillo regime (1930-1961) (the massacres of Tlatlaya and
has been considered, like the Iguala, and the escape and
Somoza regime in Nicaragua, recapture of Chapo Guzman),
a “kleptocracy.” The long but also the outbreak of two
period of political hegemony potential corruption scandals:
of Partido de Liberación one involving his wife,
Dominicana (PLD), which has Angelica Rivera, and another
governed uninterruptedly his Finance Minister Luis
since 1996 except for the period Videgaray. The president and
between 2000 and 2004, as well his finance minister may have
as the country´s institutional incurred conflict of interest
weaknesses, have meant that for the subsidized purchase

4
Full report available at: http://www.transparency.org/cpi2015#results-table

13
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

of some houses that were sold how Mexico´s president has


to them by a construction adopted a self-critical stance,
company favored with multiple recently appearing before the
government contracts. media to apologize.

However, many countries in Clearly, depending on the


the region are beginning to see country, different levels of
changes in this area thanks to corruption exist. According to
citizen mobilization, including the work of Francisco Nieto
Mexico. Only a few years ago it and his study on “Demystifying
would have been unthinkable corruption in Latin America,” ​​
to imagine a society mobilized we can differentiate between
through social networks to occasional, endemic, systemic
demand a change in legislation. or institutionalized corruption.
Although the success achieved The first (tolerable, or low
by society has not been intensity) “is reduced to the
absolute, there has been so-called white-collar and does
some progress. Today we see not transcend the everyday
reality of citizens.”

In endemic corruption, we
Figure 8. List of the most striking corruption cases in the last two years see the frequent repetition of
in Latin America acts of corruption that “are
popularized and widespread.
COUNTRY CORRUPTION CASES This is the case of countries
Argentina Hotesur scandal affecting President Cristina Kirchner that are implementing reforms
Ciccone scandal affecting Vice President Amado Boudou
Jose Lopez scandal (former minister of public works of the nation) affects the that have, to a greater or
overall Kirchner administration
lesser extent, successfully
Bolivia Indigenous Fund scandal affecting members of the ruling party, MAS.
managed to reduce the risks
Brazil Petrobras Case
of corruption, particularly in
Chile Penta, Caval and SQM cases affecting the government (SQM & Caval cases) and
the opposition (Penta case)
public bodies (the so-called
Colombia Pretelt Case
corruption “oil” that lubricates
El Salvador Case of former President Francisco Flores
the bureaucratic machinery),
although serious limitations
Guatemala La Línea case leading to Vice President Roxana Baldetti´s resignation
(a network of fraud dismantled in customs) persist in institutions and/or
Honduras Social Security Scandal corrupt political practices.”
(some $330 million in funds from Social Security were misspent and embezzled
by officials and businessmen through the overvaluation of medicine and
medical equipment) Finally, in systemic or
Mexico Videgaray case institutionalized corruption,
The “White House” case
“corrupt practices (are)
Panama Investigations of possible corruption cases during Ricardo Martinelli´s
government inevitable, widespread, well
Peru Belaunde case known and implicitly tolerated.
Dominican Republic Felix Bautista case In these societies corruption
Uruguay Pluna case affecting the minister of the Frente Ampli, Fernando Lorenzo becomes common practice, its
Venezuela “Cartel of the Suns” case punishment may be considered
arbitrary, or the result of
Source: Developed by ourselves

14
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

political revenge.” Some confidence and credibility as a


countries in the region such result, among other things, of
as Guatemala and Brazil fall the corruption in which they
under this last category. have been involved.

“It is therefore However, beyond the These illicit behaviors are


particularities of each country, closely related to the issue of
increasingly necessary
there are some parallels and political parties having to fund
and urgent to common features throughout themselves and their long and
effectively regulate the region as far as corruption costly election campaigns.
money in politics” is concerned: Parties have to assume the
permanent upkeep of party
• Anti-corruption legislation is systems as well as dealing
often characterized by being with election campaigns that
cumbersome and difficult are progressively more costly,
to enforce. which forces them to raise
large sums of money. Finally,
• There are serious weaknesses the parties have suffered a
in terms of supervision and decline in membership fees,
control, and judicial systems while the bulk of contributions
are inefficient and highly come, in most countries, from
dependent on political power. large corporations. All this
makes them more vulnerable
• Existence of outdated to illegal financing, influence
legislation, coupled with a peddling and even to the
weak institutional framework penetration of drug trafficking
with poor access to public and organized crime.
information, low public
participation, and prevalence The now commonplace
of conflicts of interest corruption scandals and use of
and impunity. illicit money in Latin America
have led to growing citizen
Political parties are key dissatisfaction with parties and
players in the democratic politicians, leading to attitudes
and political electoral system, of indifference toward
because of the role they play institutions, democracy and
in mediating and channeling the political class in general.
citizens’ demands, as well as
their efforts to support the It is therefore increasingly
government or auditing from necessary and urgent to
the opposition. However, in effectively regulate money in
the current context, they politics, in order to make the
are suffering a deep crisis of allocation and administration

15
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

of resources to political parties In that regard, two obstacles


transparent. Such regulation stand out as the main
would help to prevent abuse barriers to fighting such a
and influence-peddling in widespread phenomenon:
political parties by interest
groups, which would help Institutional weakness and the
restore the confidence of consequent need to strengthen
citizens in the political process. the rule of law in order to
combat corruption.
“To combat This regulation of party and
election campaign funding can The other obstacle is related
corruption effectively
be achieved through boosting to the value system and
three components transparency measures: each country´s political and
are required: a making available to the public civic culture, an obstacle
strong institutional the necessary information that is especially serious in
on the parties’ financial developing countries. While
apparatus, a solid legal transactions. Accountability it is true that corruption is
body, and a clear and and disclosure become two a universal phenomenon
strong political will.” of the most effective ways that affects the economy,
of controlling the financial society and legitimacy of the
transactions of political democratic system, it occurs
parties and candidates, and in a more pronounced and
of preventing–or at least acute fashion… in regions such
reducing–excesses in campaign as Latin America where there
financing and the influence of is no institutional apparatus,
illicit money. in some cases, that is strong
enough to fight it.
3. COMPREHENSIVE
SOLUTIONS: INVESTING THE COMMITMENT
IN INSTITUTIONAL AND TO INSTITUTIONAL
HUMAN CAPITAL STRENGTHENING

This new wave of corruption “We must take care. The fight
scandals in Latin America against corruption should not
occurs after 15 years of depend on the good will or the
profound changes in which courage of individuals but on
Latin American societies the existence of institutions
are becoming increasingly and rules that discourage
urbanized and middle-classes corruption, eliminate impunity
have grown, with their own and increase transparency in
agenda. More active and government actions.”
empowered, these middle
classes are demanding better (Moises Naim)
public services, security
and transparency.

16
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

To combat corruption is to reduce institutional


effectively three components corruption through public
are required: a strong policies and legal reforms,
“Finally, corruption institutional apparatus, a monopolies should be limited
is no more than an solid legal body, and a clear and competition promoted.
and strong political will. Finally, corruption is no more
economic crime: those
These three components than an economic crime:
who offer money in are effective in overcoming those who offer money in
exchange for favors the blight of corruption exchange for favors and those
and those who accept because they act as a barrier who accept them carry out
against malpractices and cost-benefit calculations, they
them carry out cost- disincentive them. Corruption respond to economic incentives
benefit calculations” is, in the end, a rational and punishments.
behavior related to certain
incentives. Therefore, the With regard to incentives,
existence of anti-corruption Jose Zalaquett stated that
laws and of institutions that reasons must exist to “behave
ensure the enforcement and well” and that “to the extent
implementation of these that punishments are more
laws are key when it comes serious or painful, and the
to combating malpractices. greater the chance they will be
This is not only to build applied, the more corruption
stronger, more independent will be discouraged... today,
and effective institutions but, committing an economic
above all, institutions with real crime does not seems to entail
sanctioning power, backed by a great punishment. Neither
the political determination to does violating the electoral
enforce these sanctions. law. Increasing the cost is
very important.” Zalaquett
Successful cases on a global explained that “in the case of
scale in terms of fighting economic crimes, unlike crimes
corruption have these three of passion, the offender or
characteristics that are present potential offender does a cost-
in harmony and unison: benefit calculation. He thinks
like this: “The possibility of me
1. The existence of a solid being caught is 50 percent; the
institutional apparatus possibility of me being released
on bail, another 50 percent
Experts have developed a and, ultimately, the possibility
formula that explains the that I am condemned to
workings of corruption: pay a higher figure than I
C = M + D–A. That is, C pocketed is 0 percent.” This
(Corruption) equals Monopoly is because the sentence is
plus Discretion minus usually for a smaller sum.
Accountability. If the aim So there is a disincentive.

17
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

In the case of a passionate transparency; anti-corruption


offender, the problem officials and ethics committees
does not have to do with have been appointed; NGOs
incentives or disincentives, but participate actively in anti-
with impulses.” corruption campaigns;
countries have signed
2. Clear legislation agreements with regional
and global organizations to
“Public authorities Additionally, clear legislation improve the accountability and
limits the degree of discretion transparency of governments.
have made undeniable
with which those who hold Although the advances are
advances in the fight public office can act while significant, the region still has
against corruption clarifying the rules of play. much to do in the institutional
in Latin America This will also increase fight against corruption.
accountability in tendering and
since the 90s” procurement processes. This fight must involve the
private sector, which is part
3. Political and social of the problem and should
leadership be part of the solution. In
that regard, it is important to
Political leaders must educate promote the drafting of ethical
as well as lead anti-corruption codes of conduct and corporate
campaigns in which it is self-monitoring in order to
important, of course, to catch eradicate corruption.
the ringleaders (the “big fish”).
But not only that, it is also Additionally, as previously
necessary to carry out a proper mentioned, together with
diagnosis of corruption with a strong institutional
the cooperation of the people apparatus, a solid legal body,
involved; viable objectives and a political will to fight
must be sought pragmatically, corruption, transparency is
without trying to do required in the use of public
everything at once. funds, especially with regards
to party funding.
Public authorities have made
undeniable advances in the There is a clear consensus on
fight against corruption in what (is necessary to fight
Latin America since the 90s. A corruption) but discrepancies
wide range of incentives have exist around how to ensure
been created to discourage transparency. There are
committing illegal acts: the two tools that are gaining
majority of countries have importance in terms of fighting
developed specific legislations corruption and ensuring
to stop corruption and increase transparency. On one hand,

18
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

governments must analyze Therefore, in order to prevent


the problem more effectively, corruption we must build a
which involves improving new political culture alien
data collection. to corruption. The current
approach to tackle corruption
“There is a new factor, On the other hand, is partial, through instruments
the existence of a academics William J. Burns of control and sanction (laws,
and Mike Mullen believe regulations, comptrollers,
more empowered that “another important computer systems and
and mobilized society tool in the fight against surveillance or judicial
in which citizens’ corruption is technological processes) that have proven
innovation, which reduces to be necessary but are clearly
disillusionment with opportunities to commit insufficient to stop corrupt
and tiredness of crimes, empowers citizens behavior since they do not
corruption prevails.” to denounce and improves take into account the inner
government transparency.’ attributes of the individual:
their education, values,
THE COMMITMENT TO HUMAN perceptions and beliefs.
CAPITAL
Corruption is rooted in the
Corruption has to do with heart of institutions as well as
incentives as well as with in the heart of society, from
lack of proper legislation and neighborhood organizations
effective institutions, but it is to the worlds of business,
also related to the existence communication, academia and
and perpetuation in time of a culture. While this remains
certain political culture that true for a considerable part
generates, in turn, authentic of society, in another part of
social and political systems society things are changing
based on corruption, which are very patently. It is also true
rooted in the values ​​that shape that, at present, there is a
individuals’ behavior. Society new factor that has seen
and culture play a key role in the light following recent
the tolerance of unlawful acts. mobilizations: the existence
The existence of individuals of a more empowered and
with firm inculcated principles mobilized society in which
and a fear of moral and legal citizens’ disillusionment with
condemnation become an and tiredness of corruption
effective means of preventing prevails. A society that does
corrupt practices. However, not show previous levels
when these principles, values ​​ of tolerance and passivity
and beliefs relax, the possibility toward corruption, and which
of committing illegal acts mobilizes to put pressure on
increases significantly. the political system.

19
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

4. CONCLUSIONS does not fulfill its function


due to lack of effectiveness
On a global scale, Latin in the design of incentives
America is an area with a and penalties. Fighting
medium to high incidence corruption requires not only
of corruption. Additionally, fighting its most obvious
there is a great diversity of and visible manifestations,
cases in the region, as there but rather redesigning,
are countries with low levels or building, ex novo, an
of corruption such as Uruguay institutional framework.
or Chile and others with high
rates, such as Venezuela. Corruption has three
dimensions: individual,
“It is vital to drive Corruption is related to institutional and cultural. On
reforms that reduce outdated legislation, a weak the institutional level, the
institutional framework, poor existence of a powerful and
the discretional nature access to public information, independent justice system
of certain areas of low public participation and guarantees punishments as
public administration” the existence of conflicts of well as the certainty that
interest and impunity. there will be penalties. From
a personal point of view,
I) CORRUPTION IS A PROBLEM the cost-benefit choice will
THAT IS VERY DIFFICULT ultimately be determined
TO ROOT OUT AND THIS IS by the high possibility that,
MAINLY (BUT NOT ONLY) DUE by engaging in an act of
TO THE WEAKNESS OF THE corruption, the individual has a
INSTITUTIONAL FRAMEWORK. lot to lose and little to gain.

The ultimate essence of the For that reason it is vital to


problem lies in impunity. drive reforms that reduce the
Corruption is universal but the discretional nature of certain
difference from one country areas of public administration.
to another has to do with For example, the elimination of
the fact that there are places unnecessary regulations and
where it is punished severely the reduction of paperwork.
and penalties are enforced, Additionally, we must make a
which is an inhibiting factor consistent effort to promote
when it comes to committing competition, especially in the
illegal acts. public sector, through the
tendering and procurement
Corruption emerges, of works and services. This
spreads and, eventually, strategy of increasing the risks
is consolidated when the and costs incurred by corrupt
institutional framework practices is to improve the

20
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

capacity of public institutions dimension, in which clarity


to monitor, prosecute and and predictability must
impose penalties, which raises take precedence over the
the risks and costs associated general regulations.
with corruption and, thus,
reduces (the) incentives. It is true that there are best
“The supervision practice guidelines for tackling
and control of Finally, the supervision and corruption, such as those
control of administrations developed by the OAS, the
administrations must must be accompanied and OECD, etc., but since each
be accompanied and supported by a strong judicial country has its own legal
supported by a strong system that enjoys sufficient tradition and social context,
judicial system that independence to enforce the the diagnosis of and how
rules and impose sanctions to tackle each problem will
enjoys sufficient commensurate with the be different.
independence” crime committed.
However, the OECD has
II) CORRUPTION SHOULD BE concluded that there are three
SEEN AS A MULTI-CAUSAL AND generic types of successful
HIGHLY DIVERSE PHENOMENON. models in the world in the fight
against corruption:
It is multi-causal because it
is caused by different factors • Creating a single agency that
ranging from institutions to concentrates the corruption-
the persistence of a certain related issues (as is the case
political culture and social of Hong Kong or Singapore)
behavior, as well as the while maintaining the judicial
shortcomings of the regulatory function in a separate body.
framework itself and the
justice system. • Concentrating the authority
to investigate, prosecute and
Since corruption is punish corruption in one
multifaceted, the design agency (usually a specialized
of public policies to prosecution office) but
combat it must, in turn, delegating the other functions
be multidimensional and (this is a case of three European
comprehensive. Public nations: Spain, Belgium, and
policies should encompass the Germany).
economic dimension – given
that corruption decreases • Opting for multiple
countries’ competitiveness–as decentralized (but coordinated)
well as the political dimension, agencies that assume various
with public policies in which functions such as research,
meritocratic values ​​take evaluation, training, design of
precedence over political ethical codes or preparation of
influence and patronage, and, legislation (France or U.S.).
finally, the administrative

21
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

III) THE BATTLE AGAINST collective commitment when


CORRUPTION IS NEITHER it comes to remaining vigilant
SIMPLE NOR DEFINITIVE and active against corruption.
AS IT CAN HAPPEN AT ANY
LEVEL–LOCAL, NATIONAL V) IT IS NECESSARY TO
OR INTERNATIONAL–AND MOVE TOWARD GREATER
EMERGE IN NEW AREAS AND TRANSPARENCY AND THE
CIRCUMSTANCES AS WELL AS IN PROFESSIONALIZATION OF
DIFFERENT SHAPES AND FORMS. POLITICS.

Corruption strategies It is increasingly necessary and


must focus on prevention. urgent to effectively regulate
Reducing incentives is the best money in politics, in order
“Long-term internal prevention policy and entails, to make the allocation and
among other things, continued administration of resources to
solutions that are supervision and control, political parties transparent.
backed by strong extensive and continuous Such regulation would help to
social support and public awareness campaigns, prevent abuse and influence
thorough reforms of the civil peddling in political parties by
the political will to
service profession, and long- interest groups, which would
apply and enforce term investment in human and help restore the confidence of
them are needed” technical capital with the goal citizens in the political process.
of strengthening institutions
that promote prevention, VI) TRANSPARENCY AND NEW
control, public participation TECHNOLOGIES PLAY AN
and law enforcement. IMPORTANT ROLE IN THE FIGHT
Such institutions should AGAINST CORRUPTION.
be independent and have
functional autonomy from Transparency allows citizens
the executive branch, without to have access to information
being subordinated to it. Long- and carry out public scrutiny
term internal solutions that are of public policies. On the
backed by strong social support other hand, tools such as
and the political will to apply biometric identification
and enforce them are needed. using inexpensive devices
that can easily measure and
IV) THERE MUST BE POLITICAL recognize with great precision
WILL TO ERADICATE fingerprints, the eye´s iris,
CORRUPTION AND A CLEAR voice frequencies and face
SOCIAL COMMITMENT TO shapes, can contribute to
REMAINING VIGILANT AND improving the fight against
MOBILIZED. corruption. Alejandro Tarre,
a Venezuelan journalist,
There cannot be a successful said that the identification
anti-corruption policy without process reduces or eliminates
the participation of a society “moments in which individuals
that demonstrates strong are more likely to be swayed

22
CORRUPTION: THE ACHILLES HEEL OF LATIN AMERICAN DEMOCRACIES

by their worst instincts.” important movement across


Modifying a system can the region. This move
be much easier and more represents a firm step forward
effective than fighting against but is perhaps still insufficient. 
human nature.
Countries like Georgia and
“Citizen Finally, beyond the many Singapore have shown it is
shortfalls and huge challenges possible to have great success
participation Latin America still faces in in significantly reducing the
is essential in the fight against corruption, scope of malpractices. Even
this process” we can say that the battle in Latin America, Uruguay
is not lost. The war is long, and Chile are, despite their
but eventually, it will be shortcomings, an example to
possible to see positive results, follow. In this regard, Maria
although perhaps not its Antonia Casar notes that “as in
ultimate demise. any public policy, the success
of anti-corruption policies
Again, citizen participation initially depends on a correct
is essential in this process. diagnosis, clear objectives
Probably what we are seeing and on implementing the
today in the region–especially instruments and measures that
in countries like Brazil, Mexico link the problems identified
or Guatemala–is part of a with the objectives to be met.”
(national and international)
social movement against There is still a long way to go,
corruption. Society has reached although some countries are
a point of disillusionment already leading the way in the
that has resulted in a very process of fighting corruption.

23
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