Loading...

Colombia

Capital

Bogotá

Territory

1,109,500km²

Population (2020)

50,882,884

GDP Total (2020)

271.3B USD

GDP Per Capita (2020)

5,333 USD

Icome Group

Upper middle income

Convention Implementation

74.2
Implemented

Western Hemisphere Ranking

60.7

3rd of 31 countries

South America Ranking

63.2

2nd of 12 countries

Corruption Resilience

52.2
Moderately Resilient

Western Hemisphere Ranking

54.4

21st of 31 countries

South America Ranking

53.9

8th of 12 countries

Convention Implementation

Score by thematic sections and measures

Prevention

In progress
60.7

Western Hemisphere 46.3

South America 47.3

Standards of Conduct

Implemented
74.2

Western Hemisphere 42.8

South America 48.0

Enforcement of Standards of Conduct

Implemented
85.9

Western Hemisphere 50.6

South America 58.7

Training of Public Officials

In progress
43.7

Western Hemisphere 36.8

South America 44.5

Asset and Conflicts of Interests Declarations

In progress
50.7

Western Hemisphere 42.3

South America 45.8

Transparency in Government Contracting

In progress
43.7

Western Hemisphere 33.1

South America 40.3

Elimination of Favorable Tax Treatment

In progress
62.5

Western Hemisphere 47.1

South America 49.2

Oversight Bodies

In progress
48.4

Western Hemisphere 36.0

South America 37.6

Measures to Deter Domestic and Foreign Bribery

In progress
43.7

Western Hemisphere 36.7

South America 40.6

Encouraging Participation by Civil Society

Implemented
85.9

Western Hemisphere 43.0

South America 52.8

Study of Other Prevention Measures

In progress
68.7

Western Hemisphere 44.9

South America 48.1

Criminalization and law enforcement

Implemented
77.9

Western Hemisphere 61.1

South America 64.1

Protection of Those who Report Acts of Corruption

Core-deficient
31.2

Western Hemisphere 30.7

South America 34.8

Scope

Implemented
100

Western Hemisphere 67.7

South America 75

Jurisdiction: Offense-in-Territory

Implemented
100

Western Hemisphere 74.6

South America 77.8

Jurisdiction: Offense-by-National

Implemented
85.9

Western Hemisphere 51.9

South America 62.6

Jurisdiction: Offender-in-Territory

Implemented
100

Western Hemisphere 58.8

South America 79.1

Passive Public Bribery

Implemented
71.8

Western Hemisphere 55.8

South America 55.3

Active Public Bribery

Implemented
71.8

Western Hemisphere 56.4

South America 55.3

Abuse of Functions

Implemented
71.8

Western Hemisphere 47.0

South America 48.4

Money Laundering

In progress
50

Western Hemisphere 55.8

South America 54.3

Participation and Attempt

In progress
59.3

Western Hemisphere 58.4

South America 56.4

Active Foreign Bribery

In progress
59.3

Western Hemisphere 39.0

South America 34.4

Illicit Enrichment

Implemented
100

Western Hemisphere 54.7

South America 59.2

Use of State Property

Implemented
100

Western Hemisphere 79.5

South America 85.5

Illicit Acquisition of a Benefit

Implemented
85.9

Western Hemisphere 52.1

South America 59.5

Public Embezzlement

Implemented
100

Western Hemisphere 77.6

South America 83.2

Passive Foreign Bribery

Implemented
100

Western Hemisphere 25.6

South America 22.0

Private Bribery

Implemented
71.8

Western Hemisphere 22.7

South America 26.4

Private Embezzlement

Implemented
100

Western Hemisphere 64.7

South America 70.4

Obstruction of Justice

Core-deficient
40.6

Western Hemisphere 71.4

South America 79.1

Liability of Legal Persons

Implemented
100

Western Hemisphere 61.3

South America 60.6

Statute of Limitations

In progress
57.8

Western Hemisphere 79.6

South America 84.3

Prosecution, Adjudication and Sanctions

In progress
68.7

Western Hemisphere 69.5

South America 71.2

Consequences and Compensation

Implemented
85.9

Western Hemisphere 70.3

South America 77.4

Cooperation With Law Enforcement

Implemented
100

Western Hemisphere 72.2

South America 72.9

Asset Recovery

Core-deficient
35.9

Western Hemisphere 66.4

South America 68.4

International cooperation

Implemented
76.9

Western Hemisphere 68.9

South America 72.5

Assistance Without Criminalization

Implemented
100

Western Hemisphere 79.8

South America 82.8

Inclusion in Extradition Treaties

In progress
50.7

Western Hemisphere 55.1

South America 55.3

Convention as Legal Basis for Extradition

In progress
57.8

Western Hemisphere 47.5

South America 55.2

Automatic Application Without Treaty

In progress
50

Western Hemisphere 52.7

South America 54.9

Prosecution Without Extradition

In progress
57.8

Western Hemisphere 57.2

South America 58.7

Custody

In progress
57.8

Western Hemisphere 73.4

South America 70.1

Assistance

Implemented
85.9

Western Hemisphere 58.0

South America 64.6

Impossibility of Claiming Bank Secrecy

Implemented
100

Western Hemisphere 84.0

South America 86.3

Limited Use of Information

Implemented
100

Western Hemisphere 82.6

South America 89.5

Nature of Act

Implemented
100

Western Hemisphere 84.3

South America 83.3

Designate Central Authorities

Implemented
100

Western Hemisphere 75.9

South America 86.5

Responsibilities of Central Authorities

In progress
43.7

Western Hemisphere 71.5

South America 74.9

Communication Between Central Authorities

In progress
50.7

Western Hemisphere 67.3

South America 78.3

Special Investigative Techniques

Implemented
100

Western Hemisphere 56.9

South America 52.0

Technical Cooperation

Implemented
100

Western Hemisphere 62.8

South America 78.3

Anti-corruption conventions timeline

199619971998199920002001200220032004200520062007200820092010201120122013201420152016201720182019

Conventions

  • IACAC - Inter-American Convention Against Corruption
  • UNCAC - United Nations Convention against Corruption
  • OECD Anti-Bribery Convention

Key events

  • Signed
  • Ratifed / acceded
  • Review rounds

Convention Implementation Analysis

Colombia signed the Inter-American Convention Against Corruption (IACAC) on March 29, 1996, and ratified it on November 25, 1998. It is a State Party to the Follow-Up Mechanism for the Implementation of the Inter-American Convention against Corruption (MESICIC) since June 4, 2001. The country also signed the United Nations Convention Against Corruption (UNCAC) on December 10, 2003, and subsequently ratified it on October 27, 2006. Colombia is also party to the OECD Anti-Bribery Convention (OECD-ABC), having deposited the instrument of accession on November 20, 2012. Accordingly, Colombia has undergone five rounds of review under MESICIC, one round of review under the UNCAC review mechanism, and three phases of evaluation by the OECD Working Group on Bribery. 

Colombia’s record in implementing its commitments to IACAC, UNCAC and OECD-ABC exhibits a large number of successes and very few failures. With an overall score of 74.2, the measures adopted place the country at the higher point of compliance with international norms, surrounded by Chile (70.5), Peru (72.3), Argentina (75.2), and Costa Rica (76.3). Despite achieving higher success in regard to criminalization and international cooperation (as is the case throughout the region) the majority of preventive measures are found to be in progress or implemented, while an equal number of failed measures pertain to criminalization and law enforcement. Consequently, a reasonably well distributed degree of progress is found in all three sections.

The prevention of corruption is undergoing, classified as “in progress” by its average score and with all but three measures given a score above 50—the training of public officials, transparency in government contracting, and actions to deter domestic and foreign bribery related to accounting regulations—all three of which receive a score of 43.8. Indeed, the majority of preventive measures are considered to be in progress, including the adoption and enforcement of systems for registering asset and conflict of interests' declarations and the state of oversight bodies, among others. Significantly, standards of conduct and their enforcement in Colombia, as well as the initiatives to encourage the participation of civil society, are found to be almost fully implemented. Success in this regard is highlighted due to the difficulties experienced by other countries in the region; concerning one area of the assessed measure, MESICIC reported in its first round that Colombia’s “standards and mechanisms considered seek to prevent conflicts of interest with regard to public servants of all levels... Other measures adopted in Colombia also contribute to preventing conflicts of interest and achieving the purposes referred to in the Convention.” Similar praise is extended to the country’s efforts to ensure the conservation and adequate use of resources and whistleblowing requirements in the public sector.

In terms of criminalization and law enforcement, Colombia shows strong results. The country is found to have implemented over half of its commitments, including the full implementation of measures against illicit enrichment, embezzlement in the public sector, and the passive bribery of foreign officials; as well as the liability of legal persons and legal mechanisms to facilitate cooperation with law enforcement (e.g., plea bargain), both of which are required by UNCAC. Furthermore, key commitments that are evaluated as remaining in progress received very promising scores—the criminalization of active and passive bribery in the public sector, abuse of functions, and bribery in the private sector. Three measures are found deficient within this section—the criminalization of obstruction of justice in all its forms (40.6), asset recovery (35.9), and the protection of those who report acts of corruption (31.2).

Finally, Colombia is found fully compliant in its commitments to establish jurisdiction over the offenses covered by the conventions, including those that have been committed inside its territory, committed by a national, or when the offender is present in its territory, among other required forms. The country’s mild implementation of its commitments regarding international cooperation is reflected in over half of all measures within this section receiving an “implemented” score and only one measure found deficient at core—the responsibilities of central authorities charged with receiving requests for assistance, whose features are evaluated as inconsistent with the aims of the conventions.

Corruption Resilience

Score by indicator

Social Context

Moderately Resilient
58.5

Western Hemisphere 64.8

South America 64.2

Quality of Government

Moderately Resilient
53.4

Western Hemisphere 50.6

South America 52.4

Rule of Law

Moderately Resilient
48.2

Western Hemisphere 51.1

South America 50.7

Business Stability

Moderately Resilient
62.2

Western Hemisphere 50.5

South America 48.1

Violence & Security

Vulnerable
38.9

Western Hemisphere 55.0

South America 54.4

Corruption Resilience score over the time

Analysis

With respect to the social context indicator, Colombia’s score experienced a marginal decrease of 0.98 points between 2019 and 2020—resulting in a score of 58.53—which falls 8.27 points below the Western Hemisphere average of 64.89 and into the 25th percentile for the region. Over the last decade, Colombia has consistently scored below the Western Hemisphere average. Despite constitutional protections for the freedom of expression and opinion, the Colombian media continue to face serious challenges at the hands of the government. Since the 2017 national strike—which demanded President Duque’s administration take greater actions toward thwarting corruption within the country—the media have been labeled and treated as enemies of the state. Hundreds of attacks against members of the press have been reported, both during and following the 2017 national strike, while serious media restrictions have left an estimated 7.8 million Colombians without access to local news within their municipalities.

In terms of the quality of governance and institutions, Columbia’s score decreased by 2.97 points between 2019 and 2020—resulting in a score of 53.44. While the country’s score saw marginal improvements from 2010 to 2020, it remained just above the regional average by 2.81 points. Colombia’s 2020 score is largely influenced by concerning levels of corruption, flawed democratic institutions, and the reemergence of conflict with the Revolutionary Armed Forces of Colombia (FARC).

The rule of law indicator score saw a marginal decrease of 0.88 points between 2019 and 2020—resulting in a score of 48.27—which falls under the Western Hemisphere average of 51.15 by 2.88 points. While Colombia’s rule of law indicator score fluctuated over the last decade, it consistently remained below the regional average. For example, between 2010 and 2020 the country’s average rule of law score was 48.83, while its regional counterparts held an average of 50.61 during the same period of time. Colombia’s score is largely influenced by the obstacles faced by the judiciary, which stem from institutionalized corruption. In recent years, allegations of corruption and extortion have emerged—incriminating the country’s supreme court justices and exposing a network (the Cartel de la Toga) of bribery among judges, lawyers, and political elites.

Despite problems with corruption, Colombia’s business stability score (62.24) ranked within the higher percentile of the region—exceeding the regional average by 11.71 points in 2020. While Colombia’s business stability score only saw a marginal increase of 0.18 points from the previous year, the country continues to maintain an open business environment and is home to the fourth largest economy in the region. Additionally, Colombia has signed a bilateral trade agreement with the United States, which has provided further incentive for the country to improve its regulatory system and policies impacting its business environment.

In terms of the violence and security indicator, Colombia ranks within the lower percentile for the region with a score of 38.93—a 1.57-point decrease from 2019. Despite the country’s low score in 2020, Colombia saw significant improvements in its rule of law score over the last decade, increasing a total of 12.41 points between 2010 and 2020. More specifically, the country’s score increased following the 2016 peace accords with FARC but began to decrease again as relations between the government and FARC deteriorated in 2017. Beyond these conditions, Colombia’s score was influenced by a history of homicide and insecurity related to organized crime networks and drug trafficking.

Transparency Record

Main Reporting NGO

Corporacion Transparencia Por Colombia

Report date

Feb-2013

Review year

2011-2012

Document reviewed

Executive Summary

language

Spanish

Did the government make public the contact details before the country focal point? No
Was civil society consulted in preparation for the self-assessment? Yes
Was civil society invited to provide information to the official reviewers? No
Was the self-assessment published online or provided to CSOs? No

The parallel country review report for Colombia took place between 2011 and 2012 and was led by Corporacion Transparencia Por Colombia, the Colombian chapter of Transparency International. While both the executive summary and full report were available online, the documents were only accessible in Spanish. Therefore, the following is a translated summary of key points and details highlighted within the report. First, the report noted that the Colombian government did not release the information or contact details of the officials responsible for leading the review process within the country. Transparency for Colombia was able to receive access to UNCAC-related documents and data as a result of persistent communication with government officials which were working on international anti-corruption conventions. The availability of information was scarce, many statistics were inaccessible, and it remained unclear which government entities were tasked with their management.

In terms of the legal framework, the report noted that Colombia has complied with the implementation of the regulations found within chapters III and IV of the Convention. The country has also made significant strides in criminalizing offenses against public administration, and improved policies on extradition. While gaps in regulation still exist, the report’s findings show that the largest obstacle stunting Colombia’s compliance are the deficiencies in the implementation of regulations. More specifically, there is concern that the number of individuals convicted of crimes against the public administration do not reflect the reality of corruption within the country. The report notes that this can only be mitigated by providing adequate tools for investigating acts of corruption, training public officials to recognize these issues, and creating a culture of open and transparent access to public information. The report concludes that priority actions must focus on the immediate adoption of a comprehensive public policy to combat corruption.