Vienna, 21 January 2002
On assuming the
responsibility conferred upon me as Chairman of the Ad Hoc Committee for the Negotiation
of a Convention against Corruption, I would like to express not only my gratitude for the
exalted function with which I have been vested but also my determination to act with total
impartiality, in partnership with the bureau which represents all the regions, with the
aim of building a consensus. The draft prepared in Buenos Aires last November provides a good point
of departure for furthering a serious negotiation.
The task ahead is not,
I believe, to simply add one more text to the existing ones, this time with a broader
geographical scope. The effort required of us is greater than that. It is to set ourselves
a higher goal, to throw the doors wide open to a global and continuing struggle. In a kind
of collective catharsis, we need to rally together in bringing about a profound change in
behaviour. Our task is to secure a common commitment, one that reaches beyond our natural
differences and the diversity of our situations, one that might well call for internal
adjustments in some cases, for a strengthening of controls, a reform of practices, more
effective and more extensive international cooperation among government institutions and
private agencies alike.
For many years now we
have not lacked standards and, except perhaps in certain specific countries, there have
even been institutions in place. But it would be wrong to conceal the clear evidence that,
to a greater or lesser extent, there is a sense that what we know by the generic name of
corruption is gaining ground; it is even encroaching on the agencies and institutions
designed to contain it, such as parliamentary assemblies, the judiciary and even
regulatory bodies.
Lord Acton's oft-quoted aphorism,
"Power corrupts and absolute power corrupts absolutely", is a truth historically
proven. Open systems, the practice of liberties, respect for institutional limits and
genuine democratic procedures undoubtedly constitute an advance towards countering
corruption, but can one be blind to the threat of corruption in powers that are not
absolute, in States firmly founded on the rule of law or in flourishing societies?
It is precisely this
insidious, mobile aspect of corruption that makes it a challenge for us all. And it is
this aspect that makes it absolutely essential to formulate a response to which we are
committed. We have to fight it in its historical context. The list of legal instruments,
regional or partial, on corruption is impressive. And there would 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.
The fragility of Law
unaccompanied by Will is wont to create vast distances which tend to make sceptics of
citizens the world over.
It is necessary to
recognize differences, to examine specific conditions, to respect cultural legacies, but
with the aim of arriving at common denominators for improving the situation. We
have 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 we find through action undertaken together.
We need a culture of
transparency and integrity, the pure air of vigilance against the opaque and clandestine
world that feeds corruption. Setting aside legitimate argument over its ideological import
and practical implications, globalisation is a fact of life deriving from formidable
technical and scientific developments which have a tangible daily reality.
The inter-relationship,
perhaps even confusion at times, between what have been regarded as the public and the
private spheres appears to be one of the defining features of our time.
Transnationalization is a growing trend that goes beyond a few instances of voluntarism,
and corruption is part of that trend.
There is no denying the
reality of this growing inter-relationship between the public and the private and no
denying the fact that the two spheres feed each other.
This
transnationalization calls in turn for a sharing of responsibilities. Back in the
seventeenth century, the poet and nun Sor Juana Inés de la Cruz, referring to different
types of situation but nevertheless of relevance to corruption, asked the following:
..Or who is more to blame
though both of them do
ill,
she who sins for pay
or he who pays to sin? |
"¿O cual es mas de culpar
aunque cualquiera mal haga,
la que peca por la paga
o el que paga por pecar?"
|
An additional effort will be
required of the international organizations, both those deriving from San Francisco (the
United Nations) and the Bretton Woods organizations (the World Bank, International
Monetary Fund and WTO), and also 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 combat corruption,
prevent it and overthrow it as a global phenomenon.
The Secretary-General
of the United Nations, Kofi Annan, got it absolutely right when he stated on the 14th of
this month, in his address to the Preparatory Committee for the International Conference
on Financing for Development, that for the Monterrey Conference to be a success:
"First, 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."
This strengthens our
resolve in tackling the different types of corruption that exist in all societies. What we
see appearing now are anti-models of corrupt conduct which are taken on formidable
challenges. These strike not only at moral standards but also at the very governability of
a country, producing destabilization effects that are quantifiable in terms of GDP and
undem1ine the best models and paradigms.
Although no country,
developed or developing, is immune to its effects, ways of dealing with it can be
discerned. The important thing is to take action. To refuse to simply accept that
corruption is a kind of dreadful, inevitable sentence to which our peoples are condemned.
A sentence that is particularly perverse and wicked for the most vulnerable in each nation
and each geopolitical context. It matters not how far advanced the problem is. It hurts us
all, and it is up to each of us to respond to this multifaceted and implacable challenge
by taking an approach that is at once consensual, idealistic and pragmatic, and without
hoping for miracle formulas or instant solutions.
What lies ahead is a
process, a process that is historical, social, economic and cultural, and, in full
knowledge of our limitations, it is a worthwhile enterprise to dedicate ourselves to
discharging what is a civic duty on a global scale. |