Guatemala, April 18, 2011. A number of countries such as Mexico, Belize, Costa Rica, Colombia and Chile have tackled corruption in public administration, punishing the offence of illicit enrichment as a means of tackling this scourge.

In Guatemala, illicit enrichment is a crime that goes unpunished because it is not defined as an offence in the country's legislation. Representatives of different sectors agreed that the Congress of the Republic should urgently pass the bill on defining illicit enrichment and introducing anti-corruption reforms.

The Working Group on Security and Justice of the Congress of the Republic is currently discussing these reforms and the incorporation of new offences into the Criminal Code in order to tackle corruption in public offices. This group is comprised of representatives of the justice sector, the international community, members of Congress, government authorities and organizations of Guatemalan society.

The bill, which received a favorable opinion in December 2008, defines a series of offences, with the aim of punishing acts of corruption, including illicit enrichment, the use of front men, the unlawful charging of fees, misrepresentation in assets declarations, influence peddling, unlawful appointments, and bribery.

The passing of this legislation would seek to prevent public officials and civil servants who have committed public administration offences from holding positions in government as well as increasing the severity of punishments. Furthermore, it would criminalize acts whereby individuals receive and administer public funding.

Fight against impunity
"We believe that reforming the Criminal Code is a key part of the fight against impunity as it would introduce new criminal definitions and modify those currently in place regarding egregious acts of corruption that undermine public administration and justice," said Francisco Dall'Anese Ruiz, head of the International Commission against Impunity in Guatemala (CICIG).

He added that, in this legislative term, Congress would have an opportunity to reach historic agreements in the fight against impunity by passing bills currently in the pipeline. These bills specifically refer to the definition of offences such as of illicit enrichment in order to eradicate corruption from public offices as well as the reform of the Organic Law of the Public Prosecutor's Office (MP) and the amendments to the criminal investigation system of the National Civil Police (PNC).

Marco Antonio Canteo, a representative of the Institute for Comparative Studies in Criminal Sciences, considers the passing of this bill to be imperative because corruption is one of the main scourges affecting the country and the legal tools and training are not in place to tackle public administration offences.

"It is an anti-corruption law insofar as it includes offences that are not currently defined in the Criminal Code, such as illicit enrichment and the use of front men. Furthermore, it would reform the current definition of corruption crimes, which have laughable punishments thereby creating more impunity," he said.

Sandino Asturias, a representative of the Centre of Guatemalan Studies, said the passing of the initiative would be "positive" and a "great opportunity" for the country, because it would define new offences to punish corruption and the handling of public administration funds.

"With this legislation, individuals who commit an offence related to the handling of public funds would be punished, including representatives of NGOs hired by the Government to administer funding allocated to one of its projects—something that has often been overlooked," he explained.

Stephen McFarland, Ambassador of the United States, believes that if the legislative branch were to pass this law, it would be an important step in the fight against impunity as well as a strong message to countries that cooperate with Guatemala.

Oliverio García, President of the Commission on Legislation and Constitutional Matters of Congress, said that the legislation targeted those public officials and individuals who commit offences related to the handling of State funds. Therefore, he expected the support of parties represented before the legislative branch in order to achieve the timely passing of the bill.

Different sectors have said that the passing of the legislation would be a "litmus test" for the political parties represented before Congress in this election year, because it would enable the public to evaluate their level of commitment towards fighting corruption in public administration.