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Holiday's
Feature
Chávez,
corruption and the OAS
(a
second memo to the OAS)
Alejandro Balart
OAS Secretary Jose Miguel Insulza with Venezuelan
president Hugo Chavez
By Gustavo Coronel
In
March 1996 the Organization of American States adopted the Inter-American
Convention Against Corruption. Ten years later it seems painfully
apparent that this instrument has not remedied the high levels
of corruption prevailing among its member states. In fact, with
the exception of Chile, El Salvador, Costa Rica and Uruguay, countries
that have always been perceived as relatively less corrupt, most
other countries in Latin America have become more corrupt during
the last ten years, as perceived by the organization Transparency
International. Some of the countries have simply collapsed, such
as Bolivia and Venezuela. Bolivia was placed 36 in 1990 in the
ranking of Transparency International while today it's placed
at 105. Venezuela was ranked 48 in 1996 while today it's ranked
at 138. Both in relative terms and in absolute measurements these
countries are in a free fall in all aspects related to honesty
in government and in business. Declines are also apparent in Mexico,
Brazil and, less so, in Colombia. It seems clear that the convention
has not produced an improvement in the manner Latin American countries
have managed the problem of corruption.
Why
is this so? Basically because it cannot be enforced. Although
the convention is a valuable compendium of all the potential manifestations
of corruption in member states it is simply unusable to enforce
honest and transparent practices in those member states. The reason
is that corrupt practices in Latin America are almost always initiated
within government structures, in the bureaucracy of those countries.
They exist because government institutions are weak, controls
are lax or inexistent and political leadership is insincere about
wanting to curtail corrupt practices or incapable of keeping his
followers in line. When this happens, the OAS cannot act unless
the state requests it. But, how can a member state ask for action
against corruption, if corruption is being practiced by the state
itself, if the main political and bureaucratic representatives
of the state are involved, through commission or omission, in
the practices of corruption?
The
Inter-American Convention Against Corruption says in its preamble
that the member states are "convinced" that corruption
undermines legitimacy, that democracy "requires the combating
of every form of corruption," that fighting corruption "strengthens
democratic institutions" and that the states are "responsible
to hold corrupt persons accountable… and to cooperate with
one another for their efforts in this area to be effective."
It goes on, article by article, to ask for efforts by the states
and for cooperation among states to fight against corruption.
It defines corruption in terms which leaves no doubt as to what
corruption means: (a), the incorrect, dishonorable and improper
fulfillment of public functions, (b), illicit enrichment, (c),
lack of biding practices in government contracting, (d), impunity
and complicity in the commission of corrupt acts, and, (e) bribery
and extortion, transnational bribery. Corruption and illegal flows
of money, says the convention very specifically, cannot hide behind
bank secrecy rules.
What
can the OAS do, then, when a member state violates practically
every component of the preamble and every article of the convention?
This is the case of the government of Hugo Chavez in Venezuela.
However, the corrupt Hugo Chavez government itself will never
make the call for action against the Hugo Chavez corrupt government.
Few political regimes commit suicide. At the same time, other
member states will not ask for action against the corrupt Chavez
regime unless this corruption becomes a threat to their own welfare
or national interests. In fact, a significant portion of Chavez's
corruption, the donation of significant amounts of Venezuelan
money to other Latin American countries or leaders in an effort
to buy their political loyalties, or the illicit manipulations
in the acquisition of foreign bonds, might be perceived as "beneficial"
by some of the countries involved. Why should they call for action?
The only victims of Hugo Chavez's corruption are the people of
Venezuela. Why should anyone care?
And
yet, the spirit of the OAS is violated if the peoples of the hemisphere
cannot be defended against their domestic enemies. Somehow the
OAS has to find the way to act against a government that is causing
great damage to the society it governs (or, more properly in the
Venezuelan case, it rules). When all political institutions in
a country have been co-opted by the executive power and checks
and balances disappear, when the officers in charge of controlling
the government become mere appendages of the executive power,
when no citizen can demand impartial justice, where can citizens
go in search of justice and action against the hyper corruption
active within the governments which should protect their interests?
The
OAS should create an Inter-American Commission for Anti-Corruption,
similar to the Inter-American Commission on Human Rights, so that
citizens of the hemisphere can find a place to address their complaints.
Corruption is often a collective offense, harming the interests
of society as a whole. The misuse and illegal appropriation of
the national wealth of any country impoverishes all society, corrupts
the mechanisms of justice and end up by promoting national poverty,
not only individual poverty. As a Venezuelan citizen I feel aggrieved
by the high levels of corruption present in the Hugo Chavez regime,
not so much because they threaten my personal well-being but because
they threaten the well-being of all Venezuelan society. The OAS
is an organization of States and, as such, is proving ineffective
to solve the main problems of the peoples of the hemisphere. Let
us try to make it into an organization of Nations, so that the
well being of the peoples of those nations can be fully included
in their processes of decision-making.
To
the extent that international organizations cannot address the
real problems of the population and restrict themselves to protecting
the interests of their member governments or to being clubs of
well paid bureaucrats, usually enjoying material and spiritual
standards much higher than those prevailing in their own countries,
there will be no incentives for them to do something effective
on behalf of the peoples.
I
will try in the very near future to introduce before the OAS a
request for effective action against the rampant corruption going
on in Venezuela. The obvious question that I would be asked is:
why don't you do it in Venezuela? This question has an obvious
answer: Denouncing corruption in Venezuela is a waste of time
and carries a personal risk that, if at all possible, I would
like to avoid. There are over 13,000 murders taking place every
year in Venezuela and 90% or more of these deaths go unpunished
and, even, without investigation. Human life is too valuable to
become an insignificant statistic.
December
22, 2006
Other
relates articles:
http://www.petroleumworld.com/SF060406.htm
http://www.petroleumworld.com/PDF/catocoronel.pdf
http://www.petroleumworld.com/Ed121806.htm
Gustavo
Coronel
is a 28 years oil industry veteran, a member of the first board
of directors (1975-1979) of Petroleos de Venezuela (PDVSA), author
of several books. At the present Coronel is Petroleumworld associate
editor and advisor on the opinion and editorial content of Petroleumworld.
Petroleumworld not necessarily share these views.
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Petroleumworld
News 12/23/06
Copyright
©2006 Gustavo Coronel. All rights reserved.
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