Anti-corruption agencies are specialized bodies that spearhead efforts to fight corruption within States. They came about in the late 20th century and the independence they are afforded varies by country.
The establishment of these specialized anti-corruption agencies is promoted by regional and international law.
Article 6 of the The UN Convention against Corruption (UNCAC) calls on States Parties to ensure the existence of a specialized body with legal and institutional capacities to combat corruption.
The Inter-American Convention Against Corruption establishes that States Parties must establish “Oversight bodies, in order to develop modern mechanisms to prevent, detect, punish and eradicate corrupt practices.”
The Jakarta Declaration on the Principles of Anti-Corruption Bodies further strengthened requirements relating to anti-corruption agencies, establishing international criteria to ensure the effectiveness and independence of these agencies.
In spite of this wide-ranging international legal framework, Latin America has few formal anti-corruption agencies and serious weaknesses have been observed in those that do exist.
The 16th UNCAC Coalition Regional Meeting for Latin America delved further into this topic exploring the challenges being faced by ACAs in the region.
Uruguay’s “Transparency and Public Ethics Board”
One challenge raised in the meeting was the lack of funding and autonomy granted to anti-corruption agencies in the region.
Felipe Ortiz de Taranco from the Comisión Uruguaya de Lucha Contra la Corrupción explained the situation in Uruguay.
According to the organization’s research, the country’s anti-corruption agency, the Junta de Transparencia y Ética Pública (JUTEP), lacks the resources and budget to effectively carry out its functions. The body’s directors are appointed by consensus and political parties are consequently loathe to provide adequate funding to the agency.
Argentina’s anti-corruption agency suffers from similar issues relating to funding.
Paraguay’s “National Anti-Corruption Secretariat”
In Paraguay, the Secretaria Nacional Anticorrupción (SENAC), the main focal point for UNCAC implementation in the country, recently carried out a consultation with civil society in order to improve its work. According to Marta Ferrara from Semillas para la Democracia, however, these positive developments are unlikely to be sustained long-term.
She explained how the SENAC has had moments of dynamism during its history interspersed with long periods of inaction, as a result of changing political will in the country.
Conclusion
In conclusion, there are still many debates ongoing as to the effectiveness of anti-corruption agencies operating in Latin America and the Caribbean. Regardless of their existence or not in a country’s institutional anti-corruption framework, anti-corruption agencies should be prioritized and given the necessary resources to be effective.