LIMA COMMITMENT Democratic Governance Against Corruption

DEMOCRATIC GOVERNANCE AGAINST CORRUPTION 2

Prepared and published by the Summits of the Americas Secretariat - - Secretariat Americas the of Summits the by published and Prepared

the Organization. the

tronic or mechanical medium, totally or partially, without the consent of of consent the without partially, or totally medium, mechanical or tronic

- elec or form, any in distributed or reproduced be can material this of tent

- con the of portion No Conventions. Panamerican International the under

OEA/Ser.E CA-VIII/doc.1/18 rev.1 CA-VIII/doc.1/18 OEA/Ser.E

American States. Summits of the Americas Secretariat. II. Series. Series. II. Secretariat. Americas the of Summits States. American

1. Democracy--America. 2. Political corruption--America. I. Organization of of Organization I. corruption--America. Political 2. Democracy--America. 1.

ISBN 978-0-8270-6779-0 ISBN

p. ; cm. (OAS. Official records ; OEA/Ser.E) ; records Official (OAS. cm. ; p.

Prepared and published by the Summits of the Americas Secretariat. Americas the of Summits the by published and Prepared

Summit of the Americas : April 13 and 14, 2018 : Lima, Peru / Peru Lima, : 2018 14, and 13 April : Americas the of Summit

Lima commitment : Democratic governance against corruption : VIII VIII : corruption against governance Democratic : commitment Lima

Summit of the Americas (8th : 2018 : Lima, Peru). Peru). Lima, : 2018 : (8th Americas the of Summit

OAS Cataloging-in-Publication Data Cataloging-in-Publication OAS

Lima, Peru Lima,

April 13 and 14, 2018 14, and 13 April

VIII Summit of the Americas Americas the of Summit VIII

CORRUPTION

AGAINST GOVERNANCE DEMOCRATIC

LIMA COMMITMENT LIMA DEMOCRATIC GOVERNANCE AGAINST CORRUPTION AGAINST GOVERNANCE DEMOCRATIC We, the Heads of State and vention against Corrup- of Government of the He- tion (UNCAC) and the In- misphere, meeting in Lima, ter-American Convention Peru at the VIII Summit of against Corruption (IACAC); the Americasi REAFFIRMING: UNDERSCORING: Also the 2030 Agenda for That the prevention of and Sustainable Development and our firm support for its fight against corruption are ii fundamental to strengthe- implementation , and ning democracy and the rule of law in our States, and IN KEEPING WITH: that corruption weakens democratic governance Our respective domestic and citizens’ trust in institu- legislation and the multi- tions, in addition to having lateral and bilateral treaties a negative impact on the to which we are Party, as effective enjoyment of hu- well as recognized prin- man rights and the sustai- ciples such as respect for nable development of the sovereignty and noninter- peoples of our Hemisphere ference, as well as other regions of the world;

REAFFIRMING:

Our commitment to anti-corruption treaties, such as the United Nations Con-

DEMOCRATIC GOVERNANCE AGAINST CORRUPTION 4

throughout life, by implementing teaching and learning learning and teaching implementing by life, throughout

mocratic and civic values from early childhood and and childhood early from values civic and mocratic

- de strengthening to view a with corruption of vention

- pre and participation citizen of culture a Developing 4.

pect for regional diversity. regional for pect

- res with and (JSWG) Group Working Summit Joint the

can Committee on Education (CIE), with the support of of support the with (CIE), Education on Committee can

- Inter-Ameri the through (OAS), States American of tion

- Organiza the by led education civic on focusing Agenda

tions in the framework on the Inter-American Education Education Inter-American the on framework the in tions

- organiza international and regional competent of efforts

3. Promoting a hemispheric initiative to coordinate the the coordinate to initiative hemispheric a Promoting 3.

system.

rage policies of integrity and transparency in the judicial judicial the in transparency and integrity of policies rage

- encou and promote to as well as justice to access and law

dards on this matter, to promote respect for the rule of of rule the for respect promote to matter, this on dards

- stan universal and inter-American applicable following

2. Strengthening judicial autonomy and independence, independence, and autonomy judicial Strengthening 2.

tions.

- func their of performance proper the for guarantees sary

- neces the have authorities competent the that ensuring

tion of and fight against corruption in the Hemisphere, Hemisphere, the in corruption against fight and of tion

- preven the for institutions democratic Strengthening 1.

A REINFORCEMENT OF DEMOCRATIC GOVERNANCE DEMOCRATIC OF REINFORCEMENT

COMMIT TO: TO: COMMIT DEMOCRATIC GOVERNANCE AGAINST CORRUPTION AGAINST GOVERNANCE DEMOCRATIC programs at all levels of education, as well as ongoing education programs.

5. Promoting public awareness and citizen participation campaigns for the prevention of and participation in the fight against corruption and impunity, and on the tools available to address and combat corruption.

6. Recognizing the positive contributions of indigenous peoples and their traditional values and principles, and the contributions of Afrodescendent communities to im- proving the efficiency, effectiveness, and transparency of public administration and raising awareness in favor of the fight against corruption.

7. Promoting gender equity and equality and women’s empowerment as a cross-cutting goal of our anti-corruption policies, through a task force on women’s leadership and empowerment that will actively promote cooperation among inter-American institutions and synergies with other international agencies.

8. Including different vulnerable groups in defining measures to strengthen governance and combat corruption, recognizing the serious impact it has on these popula- tions.

9. Ensuring transparency and equal opportunities in the selection processes of public officials based on objective

5 DEMOCRATIC GOVERNANCE AGAINST CORRUPTION

criteria such as merit, fairness, and aptitude.

10. Promoting the adoption of measures to prevent con- flicts of interest, as well as the public filing of financial disclosure statements by public officials, as appropriate.

11. Furthering codes of conduct for public officials that contain high standards of ethics, honesty, integrity, and transparency, using as a point of reference the “Guideli- nes for the Management of Policies for Probity in the Pu- blic Administrations of the Americas” and urging the private sector to develop similar codes of conduct.

12. Encouraging the effective participation of the private sector in public policies to prevent and combat corruption; and urging public and private enterprises to develop or implement integrity promotion programs and training programs at all levels.

B TRANSPARENCY, ACCESS TO INFORMATION, PROTECTION OF WHISTLEBLOWERS, AND HUMAN RIGHTS, INCLUDING FREEDOM OF EXPRESSION

13. Continuing to strengthen national anti-corruption measures or systems and enhancing conditions for the effective participation of civil society, social organizations, academia, the private sector, citizens, and other social actors in monitoring government performance, including the development of prevention mechanisms, channels for reporting possible acts of corruption and facilitating 6 the work of watchdogs including other citizen oversight mechanisms, and incentivizing the adoption of digital means of participation.

14. Promoting and or strengthening the implementation of national policies and plans, and as appropriate sub- national plans in the areas of open government, digital government, open data, fiscal transparency, open budge- ting, digital procurement systems, public contracting and a public registry of state suppliers, considering towards that end the participation of civil society and other social actors.

15. Consolidating the autonomy and independence of high-level oversight bodies.

16. Implementing and/or strengthening of bodies responsible for transparency and access to public information, based on applicable international best practices.

17. Promoting the use of new technologies that facilitate digital government in order to promote transparency, interaction with citizens and accountability, through development of tools for the identification, detection, sys- tematization, and monitoring of government procedures and, to that end, strengthening cooperation and exchange of best practices on the development and application of such technologies.

DEMOCRATIC GOVERNANCE AGAINST CORRUPTION 8

23. Protecting the work of journalists and persons who who persons and journalists of work the Protecting 23.

tions.

- ac retaliatory and intimidation from corruption of acts of

22. Protecting whistleblowers, witnesses, and informants informants and witnesses, whistleblowers, Protecting 22.

Corruption (IACAC). Corruption

zed Crime, and the Inter-American Convention against against Convention Inter-American the and Crime, zed

- Organi Transnational on Convention Nations United the

United Nations Convention against Corruption (UNCAC), (UNCAC), Corruption against Convention Nations United

of corruption and related offenses consistent with the the with consistent offenses related and corruption of

legislative measures as are necessary to criminalize acts acts criminalize to necessary are as measures legislative

21. Promoting the adoption and/or strengthening of such such of strengthening and/or adoption the Promoting 21.

and global initiatives. global and

within the inter-American framework and other regional regional other and framework inter-American the within

tion, bearing in mind the important work done in this field this in done work important the mind in bearing tion,

- corrup fight and prevent to citizens and governments of

then open information policies and increase the capacity capacity the increase and policies information open then

- streng to order in OAS the within Program Data Open

C 20. Promoting the establishment of an Inter-American Inter-American an of establishment the Promoting 20.

organizations of which we are members. are we which of organizations

countability mechanisms of regional and international international and regional of mechanisms countability

- ac the strengthening and transparency Bolstering 19.

policies and advancing government capacity in this field. this in capacity government advancing and policies

assessing the impact of transparency and anti-corruption anti-corruption and transparency of impact the assessing

18. Developing statistics and indicators in our States for for States our in indicators and statistics Developing 18. DEMOCRATIC GOVERNANCE AGAINST CORRUPTION AGAINST GOVERNANCE DEMOCRATIC investigate corruption cases in a manner consistent with international obligations and commitments on human rights, including freedom of expression.

24. Protecting public officials, including those involved in law enforcement and the investigation, prosecution, and punishment of acts of corruption.

C FINANCING OF POLITICAL ORGANIZATIONS AND ELECTION CAMPAIGNS

25. Encouraging adoption and/or strengthening of measures that promote transparency, accountability, appropriate accounting, and use of the banking system for income and expenditures of political organizations and parties, especially those related to their electoral campaigns, in order to guarantee the licit origin of the contributions and penalizing anyone involved in accepting illicit contributions.

26. Considering the adoption of legal measures that could restrict access to public office for individuals convicted of acts of corruption.

DEMOCRATIC GOVERNANCE AGAINST CORRUPTION 10

- resi ensure to allocated resources public and tructure

- infras of management the in transparency Fostering 31.

ding procedures, and government procurement. government and procedures, ding

- bid transparent studies, analysis risk and feasibility ment,

- develop and monitoring project for programs peration

- coo and training experiences, of exchange the facilitate

national bodies, develop an infrastructure platform to to platform infrastructure an develop bodies, national

- inter and regional relevant other with together (JSWG),

30. Requesting that the Joint Summit Working Group Group Working Summit Joint the that Requesting 30.

ensuring that they are not contracted. not are they that ensuring

in acts of corruption and money laundering with a view to to view a with laundering money and corruption of acts in

tablishing registers of natural and legal persons involved involved persons legal and natural of registers tablishing

- es and contracts public-private-partnership and state all

29. Promoting the inclusion of anti-corruption clauses in in clauses anti-corruption of inclusion the Promoting 29.

mework, in order to ensure transparency and build trust. build and transparency ensure to order in mework,

- fra legal its with keeping in them, implementing be will

monitor specific projects at the request of the State that that State the of request the at projects specific monitor

28. Implementing intergovernmental mechanisms to to mechanisms intergovernmental Implementing 28.

and effective accountability. effective and

ks, to ensure disclosure, transparency, citizen oversight, oversight, citizen transparency, disclosure, ensure to ks,

- wor public and services of contracting and procurement

27. Promoting the use of digital systems for government government for systems digital of use the Promoting 27.

PUBLIC PROCUREMENT AND CONTRACTING AND PROCUREMENT PUBLIC

D AND AND WORKS PUBLIC IN CORRUPTION OF PREVENTION

DEMOCRATIC GOVERNANCE AGAINST CORRUPTION AGAINST GOVERNANCE DEMOCRATIC lience to disaster, including the aforementioned infrastructure platform, in order to improve the response to emergencies and prevention, mitigation, recovery and reconstruction projects, and, to that end, promoting coordination through the Regional Platform for Disaster Risk Reduction in the Americas.

32. Fostering coordinated, transparent practices in the issuance of government permits inter alia by the use of one-stop shops, including in the area of construction, as a measure to prevent corruption, promote competitive- ness, and expedite the corresponding permits.

33. Implementing measures to reduce bureaucracy and simplify administrative processes at all levels of government in order to prevent corruption. E INTERNATIONAL LEGAL COOPERATION; THE FIGHT AGAINST BRIBERY, INTERNATIONAL CORRUPTION, ORGANIZED CRIME, AND MONEY LAUNDERING; AND ASSET RECOVERY 34. Advancing the fight against corruption, in particular in the prevention and combating of bribery of national and foreign public officials by continuing to implement, prior to the IX Summit of the Americas, the applicable recommendations from the specific rounds of the Implementa- tion Review Mechanism of the United Nations Convention against Corruption, as well as the recommendations from the successive rounds of the Mechanism for Follow-Up on the Implementation of the Inter-American Convention against Corruption (MESICIC). 11 DEMOCRATIC GOVERNANCE AGAINST CORRUPTION

35. Adopting a legal framework for holding legal entities accountable for acts of corruption, including domestic and international bribery, consistent with the United Na- tions Convention against Corruption and the Inter-Ame- rican Convention against Corruption, when such a framework does not already exist under domestic law.

36. Considering the provision of the broadest possible assistance, where appropriate and in keeping with the respective domestic legal frameworks, with investigations and procedures corresponding to civil and administrative matters regarding acts of corruption committed by natural and legal persons.

37. Promoting the broadest possible cooperation among judicial, police, and prosecutorial authorities, financial in- telligence units, and administrative authorities in investigations and procedures related to offenses of corruption, money laundering, and transnational bribery and corruption.

38. Promoting, among competent authorities, the use of flexible mechanisms for exchanges of information, cooperation, and coordination in the investigation and prosecution of acts of corruption.

39. Promoting cooperation between and among financial institutions and financial oversight bodies, and agencies responsible for the investigation and prosecution of acts

12 of corruption, to provide a prompt, effective response in international investigations and asset recovery.

40. Strengthening the international legal and institutional cooperation framework to prevent the region’s financial systems from being misused for the transfer and conceal- ment of funds derived from acts of corruption, including those criminal offenses specified in the United Nations Convention against Corruption and the Inter-American Convention against Corruption.

41. Furthering the adoption or strengthening of measures through relevant institutions to enable the freezing, sei- zure, and confiscation of proceeds of corruption.

42. Deepening the participation of our States in multilate- ral networks and initiatives against money laundering, by providing the broadest and most rapid assistance possible to identify, trace, freeze, confiscate, forfeit, and recover assets.

43. Taking effective measures against tax evasion and to combat tax avoidance, money laundering, and the illicit financial flows derived from corruption; as well as measures to identify beneficial ownership.

44. Promoting transparency in the exchange of tax information and requesting that the Joint Summit Working Group (JSWG) consider strengthening cooperation in this

DEMOCRATIC GOVERNANCE AGAINST CORRUPTION 14

General Assembly, to be held in 2020. in held be to Assembly, General

crete measures prior to the regular session of the OAS OAS the of session regular the to prior measures crete

- con through MESICIC by made recommendations the

48. Continuing to advance effective implementation of of implementation effective advance to Continuing 48.

fight against corruption. against fight

foster synergies and to avoid duplication of efforts in the the in efforts of duplication avoid to and synergies foster

ternational and regional anti-corruption bodies so as to to as so bodies anti-corruption regional and ternational

- in other with coordinate to MESICIC upon Calling 47.

dations.

- recommen its of implementation the to contribute will

tional frameworks to prevent and combat corruption that that corruption combat and prevent to frameworks tional

- institu and legal strengthen to measures and capacities,

exchange and dissemination of best practices, technical technical practices, best of dissemination and exchange

46. Calling upon MESICIC to promote instruments for the the for instruments promote to MESICIC upon Calling 46.

Hemisphere.

dressing the new challenges that corruption poses in the the in poses corruption that challenges new the dressing

- ad efficiently more to view a with operations its bolster

against Corruption (MESICIC), by identifying resources to to resources identifying by (MESICIC), Corruption against

for the Implementation of the InterAmerican Convention Convention InterAmerican the of Implementation the for

45. Continuing to strengthen the Follow-up Mechanism Mechanism Follow-up the strengthen to Continuing 45.

MECHANISMS

ANTI-CORRUPTION ANTI-CORRUPTION INTER-AMERICAN OF STRENGTHENING

national framework. framework. national

- inter existing the with consistent States our among area DEMOCRATIC GOVERNANCE AGAINST CORRUPTION AGAINST GOVERNANCE DEMOCRATIC 49. Calling upon MESICIC to develop, within the framework of its sphere of competence, an initiative for ob- serving and measuring anti-corruption policies, with a view to formulating anti-corruption indicators, promoting corruption prevention mechanisms, evaluating the impact and progress of public policies, consolidating a da- tabase of regional best practices, and conducting prompt risk analysis.

50. Strengthening the Inter-American Cooperation Me- chanism for Effective Public Management (MECIGEP) as a forum for sharing best practices in democratic governance and open government.

51. Calling upon the Joint Summit Working Group (JSWG) to support the implementation and strengthening of national human rights-based programs to develop the capacity of the police, public prosecutors’ offices, the judi- ciary, and domestic oversight agencies to combat acts of corruption, including those related to drug trafficking, trafficking in persons, trafficking in firearms and other weapons and the smuggling of goods and wildlife.

DEMOCRATIC GOVERNANCE AGAINST CORRUPTION 16

- Secre Summits the of importance the Recognizing 56.

ment in the Hemisphere. the in ment

- empower women’s and equality and equity gender of

from the Lima Commitment promote the advancement advancement the promote Commitment Lima the from

55. Taking action such that follow-up measures stemming stemming measures follow-up that such action Taking 55.

tives.

- initia similar adopt to general in sector private the upon

sented at the III CEO Summit of the Americas and calling calling and Americas the of Summit CEO III the at sented

- pre Dialogue Business Americas the of Transparency”

54. Taking note of the “Private Sector Commitment to to Commitment Sector “Private the of note Taking 54.

Dialogue.

Open Parliament Network, and the Americas Business Business Americas the and Network, Parliament Open

ricas, the Forum of Indigenous Peoples, the ParlAmericas ParlAmericas the Peoples, Indigenous of Forum the ricas,

- Ame the of Forum Youth the Forum, Actors Social and ty

- Socie Civil the of recommendations the of note Taking 53.

ning, and cooperation. and ning,

- trai institution-building, legislation, of implementation

corruption, including those commitments that refer to to refer that commitments those including corruption,

gthening democratic governance and the fight against against fight the and governance democratic gthening

- stren of area the in Summit this at undertaken ments

- commit the implement can they that so city-building,

- capa technical and resources with States assist (JSWG)

52. Requesting that the Joint Summit Working Group Group Working Summit Joint the that Requesting 52.

G FOLLOW-UP AND REPORTS AND FOLLOW-UP DEMOCRATIC GOVERNANCE AGAINST CORRUPTION AGAINST GOVERNANCE DEMOCRATIC tariat in following up on and implementing the mandates and initiatives stemming from the VIII Summit of the Americas and prior Summits, as well as that of the Tech- nical Secretariat, which is the institutional memory of the process and the coordinating body of the Joint Summit Working Group (JSWG), and recalling that all tasks to be executed by the OAS stemming from this Lima Commit- ment and prior Summits are to be implemented respec- ting the necessary budgetary sustainability of the Orga- nization.

57. Instructing the Summit Implementation Review Group (SIRG) to report through the Chair of the Summits of the Americas Process on the implementation of this Commitment.

DEMOCRATIC GOVERNANCE AGAINST CORRUPTION 18

including the Agreement on Trade-Related Aspects of Intellectual Property. Intellectual of Aspects Trade-Related on Agreement the including

Agenda also does not interpret or alter any WTO agreement or decision, decision, or agreement WTO any alter or interpret not does also Agenda

commitment to provide new market access for goods or services. This This services. or goods for access market new provide to commitment

derway in other forums. For example, this Agenda does not represent a a represent not does Agenda this example, For forums. other in derway

- un actions and decisions for precedent as serve or prejudge not does

mandates of other processes and institutions, including negotiations, and negotiations, including institutions, and processes other of mandates

plementation must respect and be without prejudice to the independent independent the to prejudice without be and respect must plementation

- im Agenda 2030 that 58 paragraph in recognition mutual our highlight

with the rights and obligations of States under international law. We also also We law. international under States of obligations and rights the with

calls for countries to implement the Agenda in a manner that is consistent consistent is that manner a in Agenda the implement to countries for calls

The United States underscores that paragraph 18 of the 2030 Agenda Agenda 2030 the of 18 paragraph that underscores States United The ii ii

pate in the negotiation thereof. thereof. negotiation the in pate

- partici not did it that given Summit, this from emanate that resolutions

against Corruption,” or other documents, declarations, communiqués, or or communiqués, declarations, documents, other or Corruption,” against

gua does not approve the Lima Commitment: “Democratic Governance Governance “Democratic Commitment: Lima the approve not does gua

- Nicara that Americas the of Summit Eighth the at present Government

The Government of Nicaragua kindly informs the Heads of State and and State of Heads the informs kindly Nicaragua of Government The i

ENDNOTES DEMOCRATIC GOVERNANCE AGAINST CORRUPTION AGAINST GOVERNANCE DEMOCRATIC Summits of the Americas Secretariat Organization of American States

Address: 1889 F St. NW, Washington DC 20006 USA

Telephone: + 202 370 0854 Fax: +202 458 3665

@SummitAmericas

www.summit-americas.org

ISBN 978-0-8270-6779-0