A recent study by the OECD on integrity and anti-corruption reveals a significant disconnect between legal frameworks and their real-world application across member and associate nations.
The second edition of the report highlights a critical implementation gap, noting that OECD countries miss the mark by an average of 19 percentage points between established norms and actual practice.
Conflicts of interest represent the most severe disparity. While regulations in this area have reached 80% development, actual enforcement has plummeted to just 45%.
Transparency in public information performs slightly better, showing a gap of only 10 percentage points, with 72% development against 62% implementation.
A lack of oversight in Chile
Lawyer María Jaraquemada notes that while Latin American nations have formally adopted integrity institutions, the resulting information often remains opaque. Most countries in the region now require public officials to declare interests and assets, yet many lack the oversight bodies necessary to issue sanctions.
In Chile, Jaraquemada points to a stark divide between the Executive and Legislative branches. While the Comptroller General cross-references data to ensure compliance within the Executive, the Congress lacks similar scrutiny.
Furthermore, the Council for Transparency lacks the legal authority to investigate or penalize infractions regarding access to public information. Similar gaps in oversight exist within the Judiciary and other autonomous entities.
Jaraquemadamente argues that the state currently manages vast amounts of data in silos, failing to use technology to prevent irregularities. She specifically cites the absence of a centralized public registry of beneficial owners, which hinders tax collection and the tracking of organized crime money trails.
To address these failures, the OECD recommends moving away from purely formalistic cultures toward a risk-based approach. This strategy emphasizes the use of digitalization and data to optimize enforcement.
As the OECD report warns, a global recession of the rule of law—characterized by shrinking civic space and weakened checks and balances—makes robust public integrity systems more essential than ever.
