SUPERVIGILANCIA - COLOMBIA_NATO BI PEER REVIEW REPORT_2023

1

BUILDING INTEGRITY SELF-ASSESSMENT AND

PEER REVIEW REPORT

REPUBLIC OF COLOMBIA

MINISTRY OF NATIONAL DEFENCE,

ARMED FORCES AND NATIONAL POLICE

September 20232

TABLE OF CONTENT

Acronyms and Abbreviations p.3

OVERVIEW p.5

DETAILED FINDINGS, COMMENTS AND RECOMMENDATIONS p.17

Section 1. Democratic Control and Engagement p.17

National Anti-Corruption Laws and Policy p.23

Anti-Corruption Policy in Defence and Security p.31

Section 2. Personnel (Behaviour, Human Resources Policy) p.42

Section III. Planning and Budgeting p.50

Section IV. Operations and Missions p.54

Section V. Procurement and Logistics p.58

Section VI. Engaging with Defence Companies and Other Suppliers p.62

CONCLUSIONS p.64

Annex 1. Summary of the Recommendations p.673

ACRONYMS AND ABBREVIATIONS

Colombian institutions

ACOFA (Agencia de Compras Fuerza Aérea Colombiana ) – Colombian Air Force Purchasing Agency ANCP (La Agencia Nacional de Contratación Pública ) – National Agency for Public Procurement COL$ - Colombian Peso Contaduría General de la República – General Accounting Office of the Republic CONPES ( El Consejo Nacional de Política Económica y Social ) – National Council on Economic and Social Policy Contraloría General de la República – Office of the Comptroller General of the Republic

Contaduría General de la República – General Accounting Office of the Republic CONPES ( El Consejo Nacional de Política Económica y Social ) – National Council on Economic and Social Policy Contraloría General de la República – Office of the Comptroller General of the Republic CNCLCC (Comisión Nacional Ciudadana para la Lucha Contra la Corrupción) – National Citizens Commission for the Fight Against Corruption CNM (Comisión Nacional de Moralización) – National Moralisation Commission COTECMAR (Corporación de Ciencia y Tecnología para el Desarrollo de la Industria Naval Marítima y Fluvial) – Naval Science and Technology Corporation CRM ( Comisiones Regionales de Moralización ) – Regional Moralisation Commissions DAFP ( Departamento Administrativo de la Función Pública ) – Administrative Department of the Public Service DANTE ( Dirección de Aplicación de Normas de Transparencia y Ética ) – Application of Standards of Transparency and Ethics Department DÉDALO (Dirección de Fortalecimiento de la Ética y Transparencia de la Fuerza Aérea) – Department for Strengthening the Ethics and Transparency of the Air Force Defensoría del Pueblo – Ombudsman’s Office DELTA (Dirección para la Vigilancia de la Ética, la Legalidad y la Transparencia) – Department for Oversight of Ethics, Legality and Transparency (of the Navy) DNI (Dirección Nacional de Inteligencia) – National Intelligence Agency DNP (Departamento Nacional de Planeación) – National Planning Department Fiscalía General de la Nación – Office of the Attorney General of the Nation GSED (Grupo Social Empresarial de Defensa) – Defence Social and Enterprise Group INDUMIL (Industria Militar) – Military Industry JEMCO (Jefatura de Estado Mayor Conjunto de las Fuerzas Militares ) – Chief of the Military Forces Joint Staff MND (Ministerio de Defensa Nacional ) – Ministry of National Defence of Colombia

Group INDUMIL (Industria Militar) – Military Industry JEMCO (Jefatura de Estado Mayor Conjunto de las Fuerzas Militares ) – Chief of the Military Forces Joint Staff MND (Ministerio de Defensa Nacional ) – Ministry of National Defence of Colombia Public Services – Military Forces (Army, Navy, Air Forces) and National Police4 Procuraduría General de la Nación – Office of the Inspector General of the Nation SEMPE (Subjefatura de Estado Mayor Deplanificación Estratégica ) – Deputy Chief of Staff for Strategic Planning SVSP (Superintendencia de Vigilancia y Seguridad Privada) – Superintendency of Private Security and Surveillance ST (Secretaría de Transparencia) - Transparency Secretariat of the Presidency of the Republic UGG (Unidad de Gestión General) – General Management Unit of the Ministry of Defence1

Documents, policies, plans, and programmes

CCE (Colombia Compra Eficiente) – Colombia Buys Effectively Damasco (Doctrina Damasco del Ejército de Colombia) – National Army Military Doctrine “Damascus” INAC (Índice Nacional Anticorrupción) – National Anti-Corruption Index MIPG (Modelo Integrado de Planeación y Gestión) – Integrated Planning and Management Model PDS (Política de Defensa y Seguridad – Para la Legalidad, el Emprendimiento y la Equidad) – Defence and Security Policy for Legality, Entrepreneurship, and Equity PITP (Política Integral de Transparencia Policial) – Police Transparency Integrated Policy PPIA (Política Pública Integral Anticorrupción) – Integrated Anti -corruption Public Policy SECOP II – Electronic System for Public Procurement (managed by ANCP) Zonas Futuro – “Areas of the future” is the strategy to bring institutions with legality, entrepreneurship, and equity in the regions most affected by violence, crime, and poverty.

Public Policy SECOP II – Electronic System for Public Procurement (managed by ANCP) Zonas Futuro – “Areas of the future” is the strategy to bring institutions with legality, entrepreneurship, and equity in the regions most affected by violence, crime, and poverty.

1 According to Presidential Decree №184 (2021), Art. 2, the “General Management Unit” is a general term, encompassing all Ministry of Defence structures with political and administrative, but not military and police, functions5

REPUBLIC OF COLOMBIA

MINISTRY OF NATIONAL DEFENCE, ARMED FORCES

AND NATIONAL POLICE

NATO BUILDING INTEGRITY SELF-ASSESSMENT AND

PEER REVIEW REPORT

I. OVERVIEW

1. Building Integrity (BI) is NATO’s political initiative promoting, at a policy level, the objective of anchori ng good governance and integrity in the defence and related security sector. The NATO Building Integrity Initiative makes available tailored, practical assistance, including support for institutional building and capability development on good governance a nd integrity. Established in 2007 as a Euro -Atlantic Partnership Council initiative, NATO Building Integrity enables participating countries and national institutions to implement reforms that foster sound resource management (human, financial and material resources, including procurement and acquisition procedures, and supply arrangements) over the long term in line with the principles of integrity, transparency and accountability. NATO Building Integrity also helps participating institutions to meet their national, regional and international obligations for combating corruption, such as those of the United Nations (UN) or those promoted by the Organisation for Economic Co -operation and Development (OECD). NATO Building Integrity also highlights existing go od practices and promotes them nationally, regionally and internationally. In this framework, the emphasis is on personal integrity and institutional integrity, whereby the institution’s norms and values become those of the individual. The objective pursued is therefore to strengthen the integrity of the institution. By institutionalising the norms and values that the institution represents and

framework, the emphasis is on personal integrity and institutional integrity, whereby the institution’s norms and values become those of the individual. The objective pursued is therefore to strengthen the integrity of the institution. By institutionalising the norms and values that the institution represents and upholds, these same norms and values are socialised among its personnel.2

2. NATO BI is designed, implemented and reviewed by the NATO Building Integrity Team at NATO HQ. It is financially supported by the NATO Common Budget and a trust fund. 3 Over the past fifteen years, NATO Buildi ng Integrity has been supported by a pool of experts across NATO and through a network of implementing partners.

3. The participation of Colombia in NATO Building Integrity for the period of 2019 – 2023 corresponds to Phase IV of the Building Integrity Initiative. It has been supported by the NATO BI Advisory Group led by Norway, the Unite d Kingdom, Switzerland and the European Commission and executed by the

NATO Building Integrity Team.

2 Paragraph 3 of the NATO Building Integrity Policy endorsed by the Heads of State and Government, at the Warsaw Summit, 2016: https://www.nato.int/cps/en/natohq/official_texts_135626.htm?selectedLocale=fr 33 In 2021, the Building Integrity (BI) Trust Fund became an initiative within the Partnerships Trust Fund6

4. The NATO Building Integrity Self-Assessment and Peer Review Process is one of the practical tools developed by the NATO Building Integrity Initiative.

Its aim is to assist countries in assessing the risks associated with corruption in the defence and related security sector. The Self-Assessment Questionnaire4 is a diagnostic tool designed to give nations an overview of the legislative and normative anti -corruption framework, procedures and practices in place in various fields, i.e. democratic control, personnel and financial management, procurement, anti-corruption rules applied specifically to the defence and related security sector, procedures in force for contributions to peacekeeping or peace support operations involving personnel deployment to theatres, etc. The Peer

various fields, i.e. democratic control, personnel and financial management, procurement, anti-corruption rules applied specifically to the defence and related security sector, procedures in force for contributions to peacekeeping or peace support operations involving personnel deployment to theatres, etc. The Peer Review arising from an analysis of the Self-Assessment Questionnaire is led by the NATO HQ Building Integrity Team composed of subject matter experts and representatives of third countries who have already completed the process (peer) and are approved by the host country. The Peer Review enables participating countries and the Peer Review Team t o confirm good practices already in place , ident ify areas at ri sks and propose recommendations for reforms to improve good governance and reduce risks associated with the lack of integrity, mismanagement of resources and corruption risks.

5. The Ministry of National Defence of Colombia , Armed Forces and National Police joined NATO Building Integrity in 2013 with the decision to complete the Self-Assessment Questionnaire and Peer Revie w Process, upon Allies’ agreement, and before Colombia being a formal NATO Partner . In February 2015, on behalf of the Mini ster of National Defence of Colombia, the Self-Assessment Questionnaire answers were submitted to NATO Assistant Secretary General for Political Affairs and Security Policy. It was followed by two Peer Review visits in September-October 2015 and in February 2016, with the completion of the Process in August 2016 .5 The NATO Building Integrity SelfAssessment and Peer Review Report identified numerous good practices and some innovative and commendable solutions introduced by the defence authorities for strengthening the institutional integrity culture. The NATO Building Integrity Peer Review Team provided policy -level, structural, and procedural recommendations to each chapter of the Self -Assessment

Questionnaire.

6. In 2017, upon Allies’ approval, Colombia became a NATO partner, joining the Partnership across the Globe framework and the Alliance’s first Latin American partner. Since then, NATO and Colombia have been enhancing their political dialogue and practical cooperation to address various global security challenges. On 8 December 2021, Colombia and NATO agreed a new

the Partnership across the Globe framework and the Alliance’s first Latin American partner. Since then, NATO and Colombia have been enhancing their political dialogue and practical cooperation to address various global security challenges. On 8 December 2021, Colombia and NATO agreed a new framework of cooperation, the Individually Tailored Partnership Programme (ITPP) covering different areas of cooperation among which NA TO Building Integrity, good governance and integrity, the democratic control of the armed and security forces and the fight aga inst corruption in the defence sector .

4 https://www.nato.int/nato_static_fl2014/assets/pdf/2021/3/pdf/210331-bi-saq-fr.pdf 5 The MND held a high-level hand-over ceremony of the BI Self -Assessment and Peer Review Report with MND and CSO representatives as well as media7 Colombia was the first partner to transit into the ITPP framework of cooperation with NATO.6

7. In October 2020, the Ministry of National Defenc e took the decision to participate for a second time in the NATO Building Integrity Self -Assessment Questionnaire and Peer Review Process. On 15 December 2020, the Ambassador of Colombia to the Kingdom of Belgium, the Grand Duchy of Luxembourg, Mission to the Eu ropean Union and NATO, submitted the replies to the Self-Assessment Questionnaire to NATO Assistant Secretary General for Operations. With this second participation in the NATO Building Integrity Process, Colombia joined a small group of Allied and NATO partner countries not only eager to benefit from NATO Building Integrity ’s analysis o n the management of resources at a specific period of time but also of an analysis on the impact of the reforms launched since the first c ompletion. This decision is highly commendable.

8. The second completion of the Self -Assessment and P eer Review Process covers 2016-2022. The period is marked by long-awaited changes in the domestic security environment that have and will have a strategic impact on the roles, missions, capab ilities, and operations of the Colombian Public

8. The second completion of the Self -Assessment and P eer Review Process covers 2016-2022. The period is marked by long-awaited changes in the domestic security environment that have and will have a strategic impact on the roles, missions, capab ilities, and operations of the Colombian Public Services. Furthermore, this period is marked by the COVID -19 pandemic that remains a tremendous challenge for people and governments. Its immediate and follow -up consequences will inevitably affect the Minis try of National Defences’ plans. The public Services reforms and operations will also be affected. However, in a time of critical challenges, the high military and police standards of ethical behaviour, dedication to the mission, and professionalism help every nation and administration overcome the crisis.

9. For Colombia’s Military Forces and National Police, a new era began in

2016. Presented by the President of Colombia and Supreme Commander of the Military Forces, the Defence and Security Policy for Legality, Entrepreneurship, and Equity (PDS, 2019) provides a comprehensive security framework for dealing with fundamental challenges through strengthening the state legitimacy, democracy quality, and human rights respect.

10. The 2020 Ministry of National Def ence’s replies to the NATO Building Integrity Self -Assessment Questionnaire were detailed, exhaustive and insightful, thereby providing the primary source of information on the main functional areas. The initial analysis of the replies to the Self -Assessment Questionnaire was shared to the Ministry of National Defence in February 2022, further examined and completed in the context of a NATO Building Integrity Peer Review visit conducted on 1-6 May 2022. During this visit, the NATO Building Integrity Peer Re view Team had meetings with the top Leadership of the Ministry of National Defence , namely Defence Minis ter Diego Andres Molano Aponte, Vice-Defence Minister for Defence and Security Policies Sandra Alzates, Vice -Defence Minister for Veterans, the Social a nd Entrepreneurial

Group Gustavo Nino Furnieles, Vice-Defence Minister for Strategy Jairo Garcia

Aponte, Vice-Defence Minister for Defence and Security Policies Sandra Alzates, Vice -Defence Minister for Veterans, the Social a nd Entrepreneurial Group Gustavo Nino Furnieles, Vice-Defence Minister for Strategy Jairo Garcia

6 https://www.nato.int/cps/en/natohq/news_190042.htm8 Guerrero and the top leadership of the Colombian Armed Forces and National Police. The NATO Peer Review Team was also able to meet and conduct numerous interviews with key civilian, military and police personnel from the various departments of the Ministry of National Defence representing all functional areas covered throughout the NATO Building Integrity SelfAssessment Questionnaire . During the meetings, each services provided extensive presentation of the implementation of NATO Building Integrity principles - integrity, transparency and accountability, and the management of resources. The NATO Building Integrity Peer Review Team was also able to discuss in det ails the procedures, systems and mechanisms in place with all interlocutors. Furthermore, a visit to the Air Command Palanquero Base, Puerto Salgar, first Air Base, was also organised by the Colombian Armed Forces. This visit provided the NATO Building Int egrity Peer Review Team with information on the Building Integrity programme adaptation to the Control System of a Military Combat Base. The full engagement and availability of the Ministry of National Defence, from the utmost strategic level to the tactical level, highlights the Ministry’s commitment to NATO Building Integrity. It also demonstrates the involvement of the Ministry in the preparation phase, the internal socialisation of NATO Building Integrity and the principles of integrity, transparency an d accountability across the institution, the efforts to initiate reforms and sustain them. In the framework of the NATO Building Integrity Peer Review v isit, supported by the Ministry of National Defence, the experts’ team also had the opportunity to meet representatives of the civil society engaged in the fight against corruption as well as other governmental institutions engaged in good governance reforms.

11. The NATO Building Integrity Peer Review Team was composed of subject matter experts (SMEs) drawn f rom the NATO Building Integrity pool of

opportunity to meet representatives of the civil society engaged in the fight against corruption as well as other governmental institutions engaged in good governance reforms.

11. The NATO Building Integrity Peer Review Team was composed of subject matter experts (SMEs) drawn f rom the NATO Building Integrity pool of experts. Norway and Tunisia acted as Peers for the Process, their eligibility based on completion of the Peer Review Process. In this capacity, the representatives of the Ministry of Defence of Norway and Ministry of National Defence of Tunisia have ensured that the Peer Review Process for Colombia fulfils the established criteria and principles of conduct.

12. The NATO Building Integrity Peer Review Self-Assessment and Peer Review Team noted the senior political and military leaders’ engagement in the Building Integrity problématique and understanding of the aims, principles and overall process of the BI Self-Assessment and Peer Review exercise. During the Peer Review visit, t he Colombian Authorities informed about significant progress in implementing B uilding Integrity standards, including the International Organisation for Standardisation, and the intention to establish a permanent and complex process for building a culture of integrity. The NATO Building Integrity Peer Review Team also noticed that d espite the intensive execution of operational tasks by the Colombian Armed Forces and the National Police, the will to reform and improve integrity is high, constant , and is equally shared by the civilian and military leadership.

13. Compared to the NATO Self-Assessment and Peer Review Process of 2016, the NATO Building Integrity Peer Review Team saw that several essential9 reorganisation efforts have strengthened the political authority, improved the military command system, and boosted the ethical performance control. For instance, newly introduced innovative practices have created a better performance environment, providing the people with better career perspectives, and enhancing the Public Force's strategic developments. Moreover, t he strengthened ethical leadership training model, the reinforced internal audit and inspection capabilities, the human talent management approach, and others contribute to improve the integrity culture, its effectiveness and efficiency. It is also expected that the introduction of a joint structure for the Strategic Planning

strengthened ethical leadership training model, the reinforced internal audit and inspection capabilities, the human talent management approach, and others contribute to improve the integrity culture, its effectiveness and efficiency. It is also expected that the introduction of a joint structure for the Strategic Planning staff 7 contribute to a better-integrated resource management and to procurement simplification.

14. The NATO Building Integrity Peer Review Team underlined a trend towards expanding the role of the Public Forces in the Colombian society, a role that goes beyond the horizon of national defence and public order, stressing the nation-society nexus and the diverse benefits from it including from a security risk management perspective . The expansion of INDUMIL's industrial and technological capacity, the opening of the education system, and operations supporting the population and local authorities in natural disasters , and during the COVID -19 pandemic were also addressed as part of this role. On this subject, the NATO Building Integrity Peer Review Team offered additional elements that would corroborate to this effort through a better use of the reserve forces or human resource manag ement. As already addressed in 2016, the NATO Building Integrity Peer Review Team noticed that the Armed Forces have a greater tradition and more capacity and experience in fighting corruption through ethical behaviour than most public sectors. During the Peer Review visit, the NATO Building Integrity Peer Rev iew Team nevertheless addressed that maintaining such trend is a great challenge for any Ministry of Defence, public forces leadership, and the people in defence and police. Therefore, the essential role implies even more integrity, transparency and accountability, and continued exemplarity.

15. The NATO Building Integrity Peer Review Team noticed that a mong the most essential features of integrity and transparency policy initiated further to the completion of the 2016 NATO Building Integrity Self-Assessment and Peer Review Process, or built on it , are the introduction of innovative solutions and good practices. This includes human talent management, change management, culture management, risk management, internal auditing committees, the establishment of the equivalent of DANTE for the Armed Forces to the Navy

Review Process, or built on it , are the introduction of innovative solutions and good practices. This includes human talent management, change management, culture management, risk management, internal auditing committees, the establishment of the equivalent of DANTE for the Armed Forces to the Navy with DELTA and DEDALUS for the Air Forces , a comprehensive system of internal performance control, passive and active transparency, accountability system, institutional and services strategic communications, and others.

16. In particular, the NATO BI Peer Review Team distinguished the following,

but not the only, examples of good practices:

7 Subjefatura de Estado Mayor Deplanificación Estratégica (SEMPE)10 16.1. Official recognition of the endemic corruption problem and highest political level commitment to apply a whole -of-government approach to solve the problem. Political will and commitment are critical for creating a broad and decisive intolerance to unethical behaviour among public servants, businesses, and society. In such an environment, the strong military and police dedication to ethical standards may impact the nation.

16.2. Establishment of a comprehensive and authoritative anti -corruption architecture of laws, regulations, and bodies for detection, prevention, and response to corruption challenges . Combined internal cont rol mechanisms, professional audits, inspections, and transparency structures cover almost entirely the institutional space where corruption may occur.

16.3. Defence and security organisations are among the better protected public sectors from corruption . Socie ty and the international watchdogs recognise the defence and security sector’s achievements in building integrity and preventing corruption.

16.4. Established a sustainable will for implementing international standards and good practices in building institutional and individual integrity. In the region, Colombia is a champion in implementing international standards (like the International Standardisation Organisation quality management standards, OECD corporate governance and business integrity principles, and others). Combined, coordinated, and applied across the defence and security sector, they contribute to create, foster and maintain a “zero-tolerance to corruption” environment.

(like the International Standardisation Organisation quality management standards, OECD corporate governance and business integrity principles, and others). Combined, coordinated, and applied across the defence and security sector, they contribute to create, foster and maintain a “zero-tolerance to corruption” environment.

16.5. A significant transition from annual anti -corruption plans and activities toward systemic policy and comprehensive programmes for training, qualification, monitoring, and control. Effective programmes and training are based on holistic coordination and civil society, academia, and business involvement.

16.6. Established permanent struc tures for raising awareness and improving institutional transparency. These structures may turn into professional bodies, able to promote effectively proactive methods of fighting corruption through developing standards, providing training, and performing monitoring and evaluation. When established, such structures provide good interface to liaise with representatives of the civil society and non -governmental actors and as such can further support the reforms in promoting the changes among the population as well as with the private sector.

16.7. The embodiment of integrity in the National Army Damasco Military Doctrine, field manuals, and operational planning procedures is an excellent step to gradually build the Army staff’s culture of integrity.11 16.8. Established jo int and coordinated long -term capability -based force planning and budget decisions. The introduction of the Integrated Planning and Management Model (MIPG) might be the essential structural factor for building institutional integrity. The integrated resource management through planning, programming, budgeting, and execution cycles creates unique internal checks and balances within the defence system that would be very hard, if possible, to corrupt and manipulate.

16.9. The effective communication of all informa tion related to transparency, integrity, and reforms win the militaries’ hearts and minds and helps develop an ethical culture within the armed forces. Open, timely, and responsive communications provide more robust support to the anticorruption measures than any law and decree. The established lines of communication build an inclusive environment of constructive dialogue.

integrity, and reforms win the militaries’ hearts and minds and helps develop an ethical culture within the armed forces. Open, timely, and responsive communications provide more robust support to the anticorruption measures than any law and decree. The established lines of communication build an inclusive environment of constructive dialogue.

16.10. The reform of the Ministry of National Defence structure strengthens the ethics framework. The development of dedicated entities to fo cus on relations with citizens at various levels of the organisation and the reinforcement of the independent positioning of the internal audit office shall increase the effectiveness of the ethics framework both externally and internally.

16.11. The set-up of a n extensive "horizontal" system of commissions t hat assess complex issues, such as integrity in operations, logistics, procurement, human resources management, veterans, and others. The conditions for achieving institutional integrity in the defence and ho me affairs sector are constantly improving based on lessons learned and enhanced long-term visions. The analysis of the procedures, systems, mechanisms and practices in place by NATO Building Integrity reflects the management of defence and related securit y resources at a certain period (snapshot) from the primary analysis of the replies of the SelfAssessment Questionnaire to the conduct of the Peer Review visit itself. This specific NATO methodology addressing good governance and integrity provides partic ipating national institutions with comments and recommendations based on proven standards and good practices used by and within NATO as an organisation, Allied countries as well as NATO partner countries.

16.12. Since the completion of the first NATO Self -Assessment and Peer Review Process in 2016, the Ministry of National Defence has been conducting national events aimed at raising awareness of best practices of good governance and integrity for its personnel, civilian and in uniform, to which national and international experts participated, including with the support by the NATO Contact Point Embassy/ies as well as NATO Building Integrity and its par tners. It is also noteworthy to highlight that during the COVID -19 pandemic the Ministry of National Defence continued these engagements online , including with the participation of

to which national and international experts participated, includi