Stanley Bodok reflects on the current state of anti-corruption efforts in Curaçao, more than ten years after Transparency International (TI) conducted its investigation into the National Integrity System (NIS). TI's 2013 report provided a series of recommendations to strengthen the integrity of institutions, identifying the public sector and political parties as weak links. Despite some progress, such as increased public awareness and a few criminal investigations, the implementation of transparency and accountability remains inadequate. He criticizes the lack of structural change and the absence of effective follow-up on TI's recommendations.
By Stanley Bodok
Where do we stand now, more than ten years after the Transparency International research on the “National Integrity System” (NIS) in Curaçao?
According to press reports, the State Secretary for Kingdom Relations is in talks with Transparency International Netherlands about the need for insight into corruption in the Caribbean part of the Kingdom. Curaçao, according to the Statute, is responsible for many, primarily internal, matters. The Kingdom's role is to ensure human rights and good governance. This responsibility may have led to the aforementioned need expressed by the State Secretary.
Transparency International made notable recommendations over ten years ago to combat corruption.
Last year, in July 2023, it was more than ten years since Transparency International presented the results of a comprehensive study according to the "National Integrity System." The integrity of institutions and organizations in Curaçao was mapped out. I refer to striking recommendations.
The public sector and political parties are the weakest links.
Transparency International recommended the establishment of proper procedures to strengthen the integrity of institutions. Procedures must provide clarity on how to handle misconduct and protect whistleblowers in all sectors of the island.
Corruption is not isolated; it runs through institutions and sectors. Only through close collaboration that transcends sectors can it be prevented from remaining unpunished. It is important that everyone is aware of their rights and obligations and holds elected politicians accountable, the report states.
Transparency International concludes that political parties and politicians tend to prioritize party discipline over the responsibility of parliamentary members. The same applies to politicians who are part of the government. This harms the necessary independence of both bodies. Most concerning is the blurring of the necessary separation between the executive and legislative branches. There is a danger that the legislature will not adequately monitor and correct the government as required by the constitution.
Ombudsman and General Audit Office
The Ombudsman and the General Audit Office are essential for a well-functioning democracy.
Unlike political parties, the General Audit Office and the Ombudsman are relatively solid and have the potential to protect Curaçao from those who engage in corruption without facing consequences. Unfortunately, that potential is undermined by weaknesses in other sectors, such as the media, according to Transparency International.
The media should contribute more to the integrity of society but is unable or insufficiently trained to practice investigative journalism. The media is also too dependent on financiers. Measures to ensure the integrity of media personnel are scarce, the Transparency International report states.
Compliance with Transparency Legislation
There is often a significant gap between what the law prescribes and its application by Parliament and the government.
Reports required by the Freedom of Information Act are not consistently and systematically published, according to Transparency International over ten years ago.
Not Enthusiastic
Corruption is rampant. The Transparency International report is extensive, highlighting the need for anti-corruption efforts throughout society and—rightly—from many perspectives.
It is understandable that the report was received with less enthusiasm by some in society, particularly by citizens who critically assess the functioning of society and can trace the consequences of corruption and mismanagement to failures in service delivery to citizens, undermining democracy, violating human rights, and poverty—consequences that were urgent for correction even then. Critical citizens can be impatient.
However, alongside the diverse recommendations, Transparency International also had concrete suggestions based on which Curaçao could have systematically begun its fight against corruption. Results could then have been measured and evaluated, and progress monitored.
Recommendations
In 2013, Transparency International drew attention to the following short list of recommendations. This way, specific "trees in the forest of recommendations" were highlighted:
Transparency International urgently recommends that Curaçao sign the United Nations Convention Against Corruption and develop a plan for its implementation and compliance.
All sectors should strive for a higher level of transparency in all their activities, internal procedures, and funding sources.
Funding for political parties deserves special attention.
The government should prioritize strengthening organizations that oversee compliance with laws and regulations so that they can conduct follow-up investigations in response to signals from the General Audit Office and the Ombudsman.
The government must ensure that the public sector becomes more independent while also providing better accountability.
Which ministries should feel compelled to take the lead in the fight against corruption? Is there a sense of urgency?
Which ministries have an action plan, whether or not in response to the NIS report, given that the report identifies the public sector and political parties as major risk factors?
The website of the Ministry of Administration, Planning, and Services opens with the statement that a well-functioning public administration and democratic rule of law are among the primary tasks of the ministry.
