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OAS Anti-Corruption Mechanism Releases Report on Dominican Republic

The Committee of Experts of the Follow-up Mechanism for the Implementation of the Inter-American Convention against Corruption (MESICIC) of the Organization of American States (OAS) adopted the Dominican Republic report on the implementation of this treaty in the context of the Fourth Round of Review of the Mechanism, during its Twenty-Third Meeting held at the headquarters of the hemispheric institution.

The report devotes one of its most important chapters to the analysis of the superior bodies of control of the Dominican Republic with responsibility for the prevention, detection, punishment and eradication of corruption: the General Directorate of Government Ethics and Integrity (DIGEIG), the Prosecution Office Specialized in the Prosecution of Corruption (PEPCA), the judiciary, the Chamber of Audits of the Dominican Republic (CCRD) and the Comptroller General of the Republic (CGR).

The analysis was carried out taking into account the Dominican Republic's response to a questionnaire, information gathered by the by Technical Secretariat, and, as an important new source of information, the on-site visit conducted October 8-10, 2013. This visit was carried out by a team comprised of representatives from Honduras and Uruguay, as well as members of the Technical Secretariat. During this visit, the review team, in addition to meeting with representatives of the above supervisory bodies, met with representatives of civil society and professional associations.

Among the recommendations made to be considered by the Dominican Republic in relation to the bodies reviewed, the report proposes that the creation of the DIGEIG be ratified by a law that is approved by Congress; and that its operating rules, manuals of procedure manuals of their substantive areas, and institutional coordination mechanisms with certain entities.

With respect to the Bureau of Governmental Integrity and Ethics (DIGEIG), the report suggests consideration of giving its creation the rank of law approved by Congress; adoption of its operating regulations and procedures manuals for its main areas, and mechanisms for institutional coordination with certain entities.

The report also proposes that PEPCA formalize the adoption of its Rules of Policies and Procedures; update its "Manual of Organization and Functions," define "significance criteria" according to which the guidelines will be stipulated for the selection of cases to be directly served by its address; take appropriate measures to ensure the technical, administrative and functional independence of PEPCA and its prosecutors; and adopt a more expedited procedure for the recovery of assets related to acts of corruption, among other proposals.

Regarding the judiciary, the report recommends the adoption of the necessary measures to allocate the appropriate budget in accordance with the law; and putting into operations the criminal courts that have been created by the law but are not yet operational, among other approaches. Regarding the CCRD, among other recommendations, it suggests the adoption of a more expedited procedure of recovery through civil proceedings of assets linked to declarations of civil liability and the adoption of appropriate measures to enable the CCRD to conduct effective oversight in municipalities.

The report also proposes that the CGR consider modifying the law establishing the National Internal Control System and the CGR, in order to make it consistent with the new constitutional provisions in that regard; that it adopt the Rules of Procedure on Public Servant Liability envisaged in that law; and that it draft a plan of action on the "Implementation of a System of Societal Comptrollership."

On the other hand, as a result of following the recommendations to the Dominican Republic in the first round, the Committee determined that those that remain in force for consideration, among which are included the strengthening of the implementation of laws and regulatory systems related to conflicts interest, and the strengthening of the operational capacity of the General Bureau of National Property so that it can fully perform its responsibilities in the creation and maintenance of an inventory of state assets.

The report also summarizes the progress made in implementing these recommendations, such as the legal measure adopted regarding the Civil Service Law, which expressly prohibits spouses and relatives up to the third degree from working in the same institution, and the appointment of a governing body on conflicts of interest responsible for receiving and investigating complaints of alleged violations of the ethical and disciplinary standards, and which has the means to facilitate electronic filing of complaints.

In addition, among the good practices for which the Dominican Republic provided information, the report highlights the standardization of the websites of public-sector agencies based on DIGEIG guidelines; the creation of a Forensic Audit Unit attached to the PEPCA, which assists investigations in the area of financial analysis and provides expert evidence; and the implementation of the Judicial Career System.

During the Twenty-Third Meeting, similar reports were adopted for Nicaragua, Canada, Ecuador, and Guyana, which are available here.

For more information, please visit the OAS Website at www.oas.org.

Reference: E-122/14