Page 27 - CORRUPTION LATAM

MONTT GROUP MAGAZINE - 2024 www.MONTTGROUP.cOM
CoLoMBia
tHe iMpact oF internationaL LeGiSLation
aLthough advances in compLiance are significant, this fieLd is stiLL reLativeLy neW in coLombian LegisLation and faces important chaLLenges. the effective impLementation of these programs and the adaptation of companies to ethics and transparency standards require further deveLopment.
In a recent critical analysis of the Transparency International Index, it was revealed that corruption in Colombia exceeds the world average. This finding shows the significant challenges that the country faces in terms of corruption and ethics. In its latest report, Colombia was ranked 87th out of 180 countries and obtained a score of 40 out of 100. Although this represents an improvement compared to the 39 obtained in 2022, it is still below the regional average for the Americas (43 points ) and the global average (also 43 points). According to the international entity, any number below 50 is an indicator of serious corruption problems, which suggests that there is still much to be done to address in Colombia.
administrative Sanctions
instead of penalty
According to expert analysts Hernando Hernández, a postgraduate professor at the Externado University, and Xenia Madariaga, a lawyer at the Universidad del Rosario, in Colombia: “The position regarding business ethics in our country is steady, but it differs from other countries, since it focuses on administrative sanctions instead of seeking judicial punishment of legal entities. In this sense, the Constitutional Court of Colombia
in rulings such as C – 320 of 1998 recognizes the need for new forms of imputation in the face of social changes and the constant evolution of crime, since it speaks of guilt in choosing and guilt in monitoring, since legal entities are subject to compliance with several standards of diligence in the exercise of their purpose.”
In recent years, Colombia has demonstrated significant commitment to fighting corruption and promoting ethics in all sectors through the implementation of compliance programs. This commitment is reflected in the ratification of various international criterion and the adoption of national laws that seek to strengthen transparency and prevent corrupt acts.
To understand the evolution of compliance in Colombia, it is essential to recognize the influence of international standards in the formulation of national policies. International laws and treaties have served as a reference and guide, establishing global levels that Colombia has adopted. This integration of foreign regulations has been crucial for the development of a robust and effective legal framework against corruption in the country.
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