EL BLOG DE LA FIIAPP. Cooperación Española

2024 marks the 20th anniversary of the largest ever accession of countries to the European Union. On 1 May 2004, ten new countries joined the EU club: the islands of Cyprus and Malta along with eight Central and Eastern European countries, ending the post-World War II division of Europe. Over the years, more countries have joined the EU’s borders, although the integration processes are slow and complex, requiring many structural changes in the countries’ societies in order to meet the strict conditions set by the Union as a prerequisite for membership.

With this enlargement policy, the EU seeks to unify European countries around a common political and economic project, while at the same time strengthening its presence on the international stage. However, both sides stand to gain from this process. For the candidate countries, according to EU sources, “enlargements have proved to be one of the most effective tools in promoting political, economic and social reforms, as well as in consolidating peace, stability and democracy across the continent”.

To speed up this process, the EU funds technical cooperation projects in which European specialists exchange their knowledge and experience with specialists from the candidate countries in areas such as security – to fight organised crime gangs, for example – or justice – to curb corruption, among others. In the following lines, we bring together the testimonies of three specialists from Spanish justice institutions who are participating in cooperation projects in Albania, Bosnia and Serbia. They tell us about the historical and social context of these countries, the benefits of accession and the complex processes that are being supported through European projects.

Why are countries like Bosnia, Albania and Serbia interested in joining the EU?

“In the case of Bosnia and Herzegovina, it is a way to set a path towards stability in the area and to overcome the war of the 1990s and put itself on an equal footing with Croatia, which was also part of the former Yugoslavia and is already integrated into the EU. At the same time, it is a way to neutralise the influence of Islamic countries, at least the most radical ones, with respect to the country”, responds Jorge Obach, magistrate of the General Council of the Judiciary (CGPJ) and head of the European project EU4Justice-Bosnia, which supports the fight against organised crime and corruption in Bosnia and Herzegovina (BiH).

Álvaro García, provincial prosecutor of Córdoba, and Arturo Valdés, magistrate of the CGPJ, both experts mobilised by the FIIAPP in the framework of the European project EU4Justice-Albania, for the improvement of the capacity of independent judicial institutions in Albania, answer our questions on the case of Albania. “For Albania, joining the EU represents an opportunity to strengthen its institutions and improve the quality of life of its citizens through the implementation of political, economic and social reforms. Firstly, EU membership offers access to structural cohesion funds, which can contribute to the country’s economic development. In addition, membership is accompanied by improvements in political stability, security and defence, as well as an increase in democratic and human rights standards”, say experts.

In the case of Serbia, Judge Marta Pizarro, an expert mobilised in the framework of the project financed by the European Union to support Serbia in terms of justice, freedom and security, replies: “The desire to integrate into the European Union emerged in Serbia after the armed conflicts of the 1990s, as a way to improve the quality of life of its citizens and to increase the standards of security, freedom and democracy in the country. Serbia achieved candidate status in 2012, and since then has undergone far-reaching political, legislative and economic reforms. It is arguably one of the most prepared countries in the region for accession negotiations with the EU at the moment.

However, Pizarro warns of a decline in the mood of the Serbian population: “It cannot be ignored that the initial pro-European enthusiasm has given way in Serbia to a growing scepticism, related to the slowness of the process, and to a series of political factors that hinder the country’s position in the European framework, such as the absence of sanctions against Russia or the situation in Kosovo. Therefore, given Serbia’s relevance as a country at the heart of Europe, the EU must also face the challenge of strengthening the pro-European spirit of Serbian citizens”.

What justice challenges do these countries need to address in order to meet European standards?

In the case of BiH, the challenges are to “ensure the independence of the judiciary by avoiding political interference; guarantee the integrity of its members by complying with conflict of interest and asset declaration regulations; and promote the efficiency of the system, especially in investigating and prosecuting cases of corruption and organised crime,” says Obach.

According to García and Valdés, the challenges facing Albania include “the fight against corruption, the improvement of judicial independence and the efficiency of the judicial system, respect for the rule of law and fundamental rights, as well as the effective implementation of anti-crime measures”.

In the case of Serbia, Pizarro notes that these include “addressing the endemic problems of corruption in the country and strengthening the capacity of Serbian institutions to effectively investigate and prosecute organised crime cases and increasing the capacity to recover the proceeds of criminal activity”.

How are the projects supporting this accession?

In Serbia, says Pizarro, “cooperation is carried out in a cross-cutting manner, involving all actors in the criminal process, from the police to members of the judiciary and prosecutors”. Among other actions, support is being given to Serbian institutions “in the design of legislative modifications to increase the efficiency of the legal and juridical framework, and to promote tools that improve coordination between the police, the prosecution and the judiciary”.

“The EU4Justice-Bosnia project is based on four pillars: ensuring the efficiency of the system, through activities carried out by Spanish specialists in which comparative analyses between EU and neighbouring countries have been provided; guaranteeing integrity, with actions aimed at ensuring the declaration of assets; promoting compliance with the regulation of conflicts of interest, with the participation of Spanish specialists in judicial ethics; and strengthening the quality and efficiency in the way of investigating and judging, especially in corruption cases, by providing specialised training”, says the magistrate posted to BiH.

In the case of Albania, Valdés and García explain that this is being done “through the training of civil servants, the exchange of best practices, the development of institutional capacities and economic support to implement reforms”.

What successful experiences of Spain’s EU accession process could be relevant for these countries?

“The process of Spain’s accession to the EU accelerated the democratisation of the country, brought great social welfare, and strengthened the rule of law,” says Pizarro. “Already then, the foundations were laid for the creation of solid structures, which made it possible to progressively tackle the fight against corruption and organised crime in an efficient manner. In fact, the strength of the rule of law in Spain is highly valued by Serbian institutions as a relevant learning model”.

“It is very difficult to translate Spain’s pre-1985 status quo to present-day BiH. Spain’s success probably lay in the strength of its public administration being able (and willing) to absorb European regulation, with a quick adaptation of both internal regulations and procedures, as well as a good public awareness campaign on the advantages of EU membership. And probably because there was no other alternative,” says Justice Obach.

According to García and Valdés, some important lessons are “the importance of addressing structural reforms at the institutional and legal level, the need to promote political and social stability, as well as the commitment to the implementation of EU policies and regulations. The Spanish experience could inspire Albania to work on consolidating democracy, improving the rule of law and modernising its institutions”.

Why is international cooperation between public institutions relevant in this area?

In Obach’s view, “this is the only way to carry out any project, whatever the subject matter, effectively in any country. Only by sharing knowledge between the different public institutions and collaborating in accordance with the competences of each of them can an optimal result be achieved.

According to Valdés, “the EU seeks to ensure that candidate countries have transparent, independent and efficient judicial systems. Co-operation with public institutions in other countries facilitates the exchange of knowledge, best practices and experiences. Moreover, this collaboration, especially in areas such as justice, contributes to strengthening institutional capacity and ensuring the consistent application of European standards in the judicial and legal field”.

Judge Pizarro adds that “it cannot be overlooked that international cooperation between public institutions is fundamental to address critical issues such as the effectiveness of the fight against organised crime, given its cross-border and global nature“.

What has been the greatest achievement of your experience as a mobilised expert? 

The greatest achievement so far has been to have been able to get Mozambican institutions to trust in the ability of the Support for the Fight Against Corruption in Mozambique project to work with them to effectively fight against corruption and get their full participation. 

What are you most proud of? 

From the teamwork and effort deployed, up to now, with my colleagues at FIIAPP when it comes to defending public technical assistance as an outstanding value. 

How has your mission as an aid worker and at the same time a public official contributed to improving the lives of people and the planet? 

As a Magistrate, I view public service to citizens as an absolute priority and as a necessary asset for the well-being of society as a whole. I understand that it is important to export these values and knowledge to other countries through the public technical assistance promoted by FIIAPP. 

What is the main value of the public aspect for you? 

Technical capacity and experience, merit and capacity in the selection of professionals, and prioritisation in the professional exercise of the principles of impartiality, objectivity and independence. 

What learning would you highlight?

That, sometimes, it is not easy to defend what is public against the commercialism of the market, private consultancies and vested interests. But there is no doubt that in the public sphere there are magnificent professionals who are knowledgeable about daily practice, and that this public model must be defended despite the obstacles. 

INTERNATIONAL ANTI-CORRUPTION DAY

The United Nations has established 9 December  as International Anti-Corruption Day. The purpose of this international day is for the media and the organisations involved to contribute to raising awareness of this problem among the public at large.

By corruption we mean “the abuse of power, of functions or means to obtain an economic or other benefit.” If we refer to the etymological origin of the Latin “corruptio”, we find that the original meaning of the term is “action and effect of breaking into pieces.” Corruption is a scourge which, as stated in the United Nations Convention against Corruption, approved on 31 October 2003, threatens the stability and security of societies and undermines justice. As its Latin root indicates, it “breaks apart” both the institutions and the ethical and democratic values of the societies that suffer from it.

In addition, it is a transnational phenomenon in which organised crime usually takes part, resulting in other types of crime such as trafficking in human beings and money laundering.

To combat it, it is essential to promote international cooperation and technical assistance and, for this international cooperation agents such as FIIAPP play a key role.

CORRUPTION IN GHANA

Corruption continues to be a problem that has permeated all sectors of Ghana’s society and economy. With its devastating effects, it impedes sustainable development and is a threat to human rights. It could be said that corruption has been identified as one of the main causes of poverty, deprivation and underdevelopment. In the particular case of Ghana, the prevalence of corruption has resulted in poor provision of services and a lack of access to other basic services such as health and education. Corruption is also a threat to Ghana’s democratic ideals, in particular the rule of law, justice and equality before the law.

According to the 2018 Transparency International Corruption Perceptions Index, Ghana ranks 78th out of 180 countries.

THE ARAP-GHANA PROJECT

The Accountability, Rule of Law and Anti-Corruption Programme (ARAP), funded by the European Union and implemented by FIIAPP, has been supporting the efforts of the Ghanaian government to reduce corruption for three years.

The aim of the project is to promote good governance and support national reform, in order to improve accountability and strengthen anti-corruption initiatives throughout the country. To this end, it works together with the relevant government institutions and other national strategic partners while at the same time improving accountability and respect for existing legal structures.

In addition, it acts as a support programme for the government in implementing the National Anti-Corruption Action Plan (NACAP), Ghana’s national anti-corruption strategy ratified by Parliament in 2014, which aims to create a democratic and sustainable Ghanaian society based on good governance and endowed with a high degree of ethics and integrity.

ANTI-CORRUPTION AND TRANSPARENCY WEEK

In light of this problem, from 2 to 9 December Accra, the country’s capital, held the Anti-Corruption and Transparency Week (ACT) in which the Government, the public and private sectors, academia, the media, civil society and the general public all took part. The week was organised by the Commission on Human Rights and Administrative Justice (CHRAJ) supported by the ARAP programme.

The purpose of ACT Week was to create a platform for assessing the impact of the NACAP in the first five years of its implementation and strengthening the commitment of the implementing partners in the remaining five years of the NACAP; to raise awareness among Ghanaians of the perverse effects of corrupt practices; to advocate for sustained collaboration and inter-institutional partnership in the fight against corruption as well as for the need to provide adequate resources to anti-corruption agencies; and to promote the use of international cooperation instruments in the fight against corruption.

The week included a large number of activities, both nationally and regionally. These included the international forum on money laundering and asset recovery, international cooperation in legal and other areas; the forum on integrity for youth; the NACAP high-level conference; the presentation of integrity awards; and the observance of international anti-corruption and human rights days.

The work of ARAP will continue not only during the week but every day until the end of the programme in December 2020, because the fight is not just for one week, but for every day of the year.

Text created with the collaboration of Sandra Quiroz, communication specialist of ARAP Ghana

Early last month, I was fortunate enough to attend the 6th Global Summit of the Open Government Partnership in Canada , a gathering that brought together two thousand people from 79 countries and 20 local governments who, along with civil society organizations, academics and other stakeholders, make up the Open Government Partnership (OGP). This year, the Summit revolved around three strategic priorities: participation, inclusion and impact.

During the inauguration, and to my surprise, the initiative that we supported in the ACTUE project – a project managed by FIIAPP with EU funding between 2014 and 2018 – was displayed on giant screens: the Open Justice Strategy in the State Council of Colombia as one of the “ Stellar Reforms” selected in the last OGP cycle. It was very exciting to be able to experience that tangible impact of one of our projects, something that we rarely get to experience. I was even more thrilled than when I saw the Canadian Prime Minister Justin Trudeau live, which is really saying something. And for good reason, too. These 12 commitments have been selected by the Independent Review Mechanism from among hundreds of others for showing evidence of preliminary results that mean significant advances in relevant and transformative political areas .

The Open Justice Strategy in the Council of State of Colombia  has, for the first time, allowed the Court to begin publishing its previous agendas and decisions, as well as information on possible conflicts of interest of judges and administrative staff; essential aspects of public accountability, as well as enabling citizens and civil society to do their work of social control. In the long term, these changes can reduce corruption in justice institutions and allow them to regain the trust of citizens . Justicia Abierta is one of the political tendencies in open government that is gaining greater traction, given the major impact that its actions can have on citizens; In particular, access to justice makes it possible to exercise other rights. In addition, this sectoral action contributes directly to the advancement of the 2030 Agenda through goal 16, Peace, Security and Solid Institutions.

The ACTUE Colombia project was supporting the Transparency Secretariat of Colombia in the preparation of its OGP action plans, as well as civil society organizations, by using specialized technical assistance to promote the creation of a space for dialogue between administrations and civil society to define their own priorities in open government .

This is a good example of the positive impact that delegated cooperation can have, thanks to the flexibility and innovation they bring to our partners and the technical assistance on demand that we carry out.

About the ACTUE-Colombia project

The Anti corruption and Transparency Project of the European Union for Colombia (ACTUE-Colombia) has supported Colombian institutions in the implementation of key measures for a Open Territorial Government with the aim of making progress in the prevention of and fight against corruption both at the national and territorial levels. To this end, the project supported the creation of conditions for the fulfilment of international commitments, the strengthening of social control, the promotion of the co- responsibility of the private sector, and the generation of cultural and institutional changes .

The project is financed by the European Union and managed by FIIAPP in coordination with the Secretary for Transparency (ST) and Public Function (FP). It has assisted three regional governments, six city councils and two hospitals in areas such as applying the Law on Transparency and Access to Public Information, drafting Anti-Corruption and Citizen Information Plans (PAAC), fostering accountability and promoting public participation. It has thus helped officials to understand that the right to transparency and access to information is an essential right on which other rights depend. It has increased their awareness by institutionalizing advances in active transparency and their knowledge of how to identify and manage the risks of corruption.

Carolina Díaz, legal technician in the area of Justice and Security at FIIAPP and, between 2014 and 2018, member of the ACTUE Colombia team

Earlier this year, the World Bank published its forecast for global economic growth for 2018, a forecast that featured Africa prominently.  With an estimated growth of 8.3%,Ghana led a ranking in which sub-Saharan countries held the top positions. In addition to Ghana, Ethiopia (2nd), Ivory Coast (4th) and Djibouti (5th) were among the five countries with the highest growth forecasts. This aspect of the Ghanaian economy does not come as a surprise. With 34 years of uninterrupted growth (the last recession dates from 1983, when its economy shrunk by 4.5%), Ghana has one of the most diverse and dynamic economies in sub-Saharan Africa—the eighth largest in terms of GDP and the second largest in West Africa after Nigeria—and has a fairly balanced trade balance, which places it as a low-middle income country.

Inequality versus macroeconomics

However, these macroeconomic data cannot hide other indicators that are not so encouraging. Although the population living in extreme poverty has halved in the last 25 years, from 52% in 1992 to 24% today, Ghana is one of the 50 most unequal countries in the world and, as Oxfam points out in its latest reports, “inequality [in Ghana] is increasing, undermining the reduction of poverty, slowing economic growth and threatening social stability.” According to data from this NGO, in Ghana the 10% of the richest population consumes almost a third of the resources (32%), the same amount consumed by the poorest 60%. At the other end of the scale, the poorest 10% only has access to 2% of the resources.

This problem is compounded by two important gaps. In the first place, the gender gap, which causes women to have very restricted access to resources and wealth. As Oxfam points out, this group is “half as likely as men to own land”. In addition, “only 6% of the richest people in Ghana are women”. Second, there is a territorial gap. Ghana’s development pattern has accentuated the north/south and country/city divisions, with poverty fundamentally located in rural areas (almost four times more than in urban areas); and in the three northern provinces (the Upper East, Upper West and Northern regions), which have development indicators similar to countries such as Mauritania, Madagascar or Benin, according to the 2015 Human Development Report.

Anti-corruption in the face of inequality

To enable government action in countries affected by inequality to reverse the situation, emphasis should be placed on three aspects, as indicated in the Commitment to Reducing Inequality Index: social spending, tax policies and workers’ rights, and corruption is a phenomenon that negatively impacts these three aspects. Firstly, by detracting from public resources, corruption significantly affects social policies, which have less spending capacity. Secondly, since it is an opaque economic circuit, it is not taxed. In addition, on many occasions, large-scale corruption and tax evasion are interconnected phenomena that involve political and economic elites. Without forgetting that the social perception of corruption is a great disincentive for compliance with tax obligations by citizens, who think that their taxes will end up in the pockets of the rulers. Lastly, corruption encourages informal employment, where it is more difficult to adopt regulations that promote respect for workers’ rights and the establishment of decent minimum wages.

In short, as Transparency International pointed out in the presentation of the Corruption Perception Index 2016, “systemic corruption and social inequality reinforce each other, creating a vicious circle between corruption, unequal distribution of power in society and unequal distribution of wealth”. This is exactly what happens in Ghana. The perception of corruption in the country, measured by the aforementioned index, yields a medium-high score of 40 out of 100. This index indicates the degree of corruption in the public sector according to the perception of the business sector and country analysts, on a scale from 100 (perception of absence of corruption) and 0 (perception as very corrupt). But there is a more alarming fact, namely that Ghana´s result has been deteriorating in recent years, from 48/100 in 2014 to 40/100 in 2017. Quite probably, this worsening is largely due to the revelation in recent years of important corruption cases that affected the judicial system and the football federation.

Tax evasion, which, as we pointed out, is a matter closely linked to corruption, is also an important challenge for Ghana. In fact, for Ghana’s Business Development Minister, it is the biggest challenge the country faces. All of this means that the fight against corruption in Ghana is a powerful tool for inclusive development, which goes beyond mere macroeconomic growth and considers the most disadvantaged groups. And that is the goal of Ghana’s Accountability, Rule of Law and Anti-Corruption Programme (ARAP), which is managed by the FIIAPP in Ghana with funding from the European Commission: to reduce corruption and improve accountability in this African country. This project begins at a time when the government of Ghana has been intensely involved in the fight against corruption, creating Ghana´s National Anti-Corruption Action Plan (NACAP) within which the project is framed.

Ángel González, technical coordinator of the transparency and anti-corruption support project in Ghana

How can we bring about a cultural change in our societies regarding the phenomenon of corruption, so that it stops being seen as a natural phenomenon?  

The fact that corruption is normal is a central problem in our societies. Corruption appears when it is installed structurally as the normal way of doing business or to get aid or whatever you need from the State in the way of services. This is a problem that has to do with rebuilding certain agreements about the basic values of a society. For years these agreements have been broken as has the understanding about what was good and what was bad in societies.  Even if one analyses what the perception of a very small child is about what is fair or unfair, it is much clearer than the perception that this child is going to have when he (she) permeates social criteria over the years. We must work hard on education and discuss  again what is acceptable and what is not, because, when corruption becomes the norm, there is no longer an effective antidote, because in the fight against corruption the partner that we really need is a society that is mobilised, citizen by citizen, aware of what should be allowed and what should not.  Conditions must be created to promote or channel that social energy. 

What are the challenges for international coordination in the fight against corruption from examples of global institutionalised corruption like the Lavo Jato case?  

Large-scale corruption, like the Lava Jato case, poses different challenges for the justice system than the corruption cases seen previously, however big they were in monetary terms, because this is a global phenomenon and, therefore, requires a global response and cooperation, not only at the country level but also between all agencies.  This is one of the problems faced by the justice system when it wants to investigate these cases. Not only access to banking information, tax information, information on money laundering organisations, which should be made far easier for the judges and prosecutors who are investigating, but also the need for international cooperation. 

This is why the procedural rules must be changed in many countries and the international conventions on fighting corruption must be altered, because we continue to face this type of problem in a situation in which money is moved from one country to another with a mouse click on a computer, in a matter of seconds, and it disappears off the radar.  Here, we are confronted with the same mechanisms for dealing with the government as we had in the 19th century: the judge prepares an official letter that goes to the government, the government sends it to the government of another country, which sends it to a judge, and that judge says that he lacks a detail and returns it, and months go by, if not years, before the information is obtained. Also, if the money moves from one country to another, or from one social structure to another, or to another fiscal paradise in a matter of seconds, it is impossible to follow its trail, which is essential for investigating corruption. 

Recently , an Anti-Corruption Legal Aid Centre (ALAC) was inaugurated in Chile, with the support of EUROsociAL+ , a programme managed by FIIAPP. What is the value of this centre for allegations of corruption and how will it serve as a link between the State and citizens?  

ALACs already exist in our chapters in over 60 countries. The idea behind these centres is to support victims of corruption or those who know of cases of corruption and want to report them and do not have the legal or judicial support needed to do so.  ALACs have allowed us to trigger allegations of corruption in many countries around the world, because it is no longer an individual citizen but an organisation that is linked with the Public Prosecution Service and can channel the complaints and follow them through. 

In many of these countries what we have are agreements with their bar associations that allow us to have top-level legal advice from lawyers who work on the cases pro bono and provide, through ALACs, contact with those who want to go to court and do not know how.  Also, these ALAC centres have provided us with a great deal of information on how corruption operates in the countries, direct, first-hand information that would have been difficult to gather otherwise, since corruption operates in total secrecy, receipts are not handed out for corruption except in exceptional cases in which a record was kept of the accounting, as happened with Odrebrecht, which had a section of the company devoted to these structured operations. 

To what extent does corruption have different effects on women?  

An important sector in which to find a gender difference is in relation to access to services and allowances that are linked to petty corruption. This is because women are responsible for care-giving tasks and, therefore, we are the visible face that is requesting the aid, because poverty has been feminised and the poorest sectors are those that need the cooperation of the State in the provision of those services. 

Another factor that specifically punishes women, or does so in a more substantial manner, is the area of exchange currencies. In many petty corruption cases, sexual favours are demanded or they give rise to situations of harassment in which women are victims twice over.  

The corruption barometer, which is one of International Transparency’s measuring tools, shows that in the region, areas of public policy like health, education and social plans are perceived as being the most corrupt or the most prone to corruption, and these are the areas clearly linked to care-giving tasks and requesting allowances.  So, corruption has a different effect on men and women. 

The other two areas of the state in which different effects can be observed are the police and the courts. When the police and the courts are affected by corruption, the women who have to resort to them in cases of discrimination, domestic or gender violence, femicides, rape or harassment face the fact that, when they defend their rights in an area dominated by corruption, instead of finding protection and a guarantee of these rights, they end up being victims.