The fight against corruption must be constant and is an issue that should not be left solely to criminal prosecution. These were some of the conclusions of the panelists in a dialogue organized by the National Civic Movement to discuss the future of anti-corruption efforts in Guatemala.

Christa Walters, political analyst at the National Civic Movement, addressed some of the efforts and progress Guatemala has made in the area of corruption. These include:

• Commitments acquired by Guatemala in this regard:
  • United Nations Convention against Corruption
  • Inter-American Convention against Corruption and its follow-up mechanism

• Anti-Corruption Law: criminal offenses such as illicit enrichment, passive and active bribery are typified, as well as tougher penalties.
• Law on Access to Public Information
• Reforms to the State Procurement and Contracting Law
• Strategic policy for criminal prosecution in the Public Ministry since 2008
• Changes to the Public Ministry Organic Law in 2016
• Congress Electronic Board Law
• The establishment of CICIG, which brought the issue of the fight against corruption to the forefront.
• Creation of the Presidential Commission against Corruption, created in 2020

The fight against corruption goes beyond the criminal

For Christians Castillo of the Institute of National Problems of the University of San Carlos, the lesson over the years has been that corruption is not only fought through criminal means. In the professional's opinion, the structure that sustains the country has been neglected. Consequently, Guatemalan society is highly permissive to these practices because there is pending work on the value structure.

On the other hand, César Sigüenza, a lawyer at Fundación 2020, agrees that experience has shown that it is not enough to pursue specific cases and combat only criminal corruption. For Mr. Sigüenza, the biggest lesson from CICIG is that institutional reform efforts must accompany the prosecution of specific acts of corruption.

In Sigüenza's opinion, the important thing is to establish a logic of prevention and oversight that truly introduces the necessary incentives. Therefore, it is necessary to make the correct institutional reforms that prevent and systematically oversee public administration.

For Pablo Hurtado of ASIES, the fight against corruption must be from a results-oriented perspective, not an effort-oriented one. Consequently, every action and project implemented as a tool against corruption must prioritize this ultimate goal.

For Mr. Hurtado, the appropriation and pursuit of a culture of legality is important; citizens must act in accordance with the Rule of Law and achieve that effectiveness.

Objectives and challenges in the fight against corruption

In the opinion of Mr. César Sigüenza, one of the main objectives to achieve in the fight against corruption is to have a series of institutions in public administration that constantly prevent and oversee the functioning of public service.

Mr. Sigüenza emphasized that we must begin to modernize our legal framework in terms of prevention; that is the long-term solution. It is important to understand, in the expert's opinion, that the fight against corruption must be constant.

Corruption must be constantly fought and prevented. We must constantly adjust our prevention and combat measures.

César Sigüenza

On the other hand, for Mr. Christians Castillo, the great challenge at the moment is to have clear, evident, and respected judicial independence. One of the great challenges of justice at the moment is to move from media sensationalism to processes adhering to the law and firm sentences, Castillo affirmed.

The failure of CICIG, in the expert's opinion, occurs when sentences identified by Guatemalan society are not in accordance with the law.

Castillo emphasized that the message that only through corruption can one get ahead in the country must stop being sent.

What results should be sought?

In Christa Walters' opinion, any anti-corruption effort must limit public power and strengthen institutionality in the long term.

Ms. Walters emphasized the importance of strengthening rules and enforcing them. Consequently, this institutionality will take the steps to strengthen the Rule of Law, which entails accountability.

On the other hand, in Mr. Hurtado's opinion, actions against corruption will positively impact democratic quality. For Hurtado, the strengthening of parties is a prerequisite for everything that can be implemented afterwards.

The fight against corruption involves incorporating a perspective of oversight, control, and accountability.

Pablo Hurtado

Finally, in Christians Castillo's opinion, the great challenge is to change the perception of corruption. There must be zero tolerance for corruption in Guatemalan society. Achieving results in the fight against corruption requires resources. Who will invest them? That is the question, Castillo emphasized.

Are there efforts in the fight against corruption?

In César Sigüenza's opinion, there are proposals in Guatemala against corruption and there is clarity about the changes needed in the justice system. On the other hand, there is also clarity regarding the reform of the public expenditure oversight system and modifying the Electoral Law to have more representative politicians. The objective coincides across different sectors of society, Sigüenza affirmed.

In the expert's opinion, the important thing is to achieve alliances and cohesion so that the political system that has to participate joins in. Reforms are not approved in Congress, and political leadership is absent in relation to these changes. We must take advantage of existing proposals and prioritize the most important changes, Sigüenza concluded.

In Ms. Walters' opinion, the United States' plans for the region are clear; Biden's plan seeks to address the causes of migration.

Attention must be paid to the fact that the United States has always had an interest in the region; the important thing is to ask how this collaboration will occur. In Walters' opinion, this collaboration can occur through recommendations, but that has not yielded the best results. This is a consequence of the existence of informal institutions that make it impossible for formal institutions to materialize.

Ms. Walters emphasized that various actors must be involved. Consequently, they must be committed to reducing corruption and good governance for development in Guatemala. These should include local leaders, civil society, academia, think tanks, and the business sector.

Leadership is key to aligning policies with the country's reality. The business sector can contribute to creating opportunities and catalyzing economic development.

Christa Walters