Online version of this Newsletter:
http://www.oas.org/juridico/newsletter/nl_en.htm
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OAS ANTI-CORRUPTION MECHANISM ADOPTS REPORT ON BOLIVIA
On March 11, at its Twenty-Sixth Meeting, the Committee
of Experts of the OAS Anticorruption Mechanism (MESICIC)
adopted a set of concrete recommendations to strengthen
the systems of government hiring and procurement of
goods and services, and for protecting public servants
and private citizens who report acts of corruption in
Bolivia.
These recommendations are contained in a report that
also includes a comprehensive analysis of the
implementation in Bolivia of paragraphs 3 and 12 of
Article III of the Inter-American Convention against
Corruption which concerned, respectively, measures to
create, maintain, and strengthen instruction to
government personnel to ensure proper understanding of
their responsibilities and the ethical rules governing
their activities, and the study of further preventive
measures that take into account the relationship between
equitable compensation and probity in public service.
To perform this analysis, the Committee mainly took into
account Bolivia’s response to a questionnaire and
information gathered during the on-site visit to that
country from October 14 to 16, 2015, by representatives
of Honduras and Jamaica. With the support of the
Technical Secretariat of MESICIC, during that visit, the
information (presented) by Bolivia was clarified and
supplemented with the opinions of civil society and
private sector organizations, professional associations,
and academics on the issues under review.
The report adopted also includes the progress shown by
Bolivia in implementing the Convention, including the
provisions of the new Political Constitution of the
country promulgated in 2009, in which enshrines the
principles of legitimacy, legality, impartiality,
openness, social commitment, social interest, ethics,
transparency, equality, competition, efficiency,
quality, human warmth, honesty, responsibility, and the
achievement of results in public service are enshrined.
Specifically with respect to government hiring systems,
it is worth highlighting the legislative initiatives
that are advancing in Bolivia in order to align those
systems with the new Constitution, as well as legal
measures that the legislative branch, judiciary, and
Public Prosecution Service have been pursuing to
strengthen their respective hiring systems, including
Specific Regulations on the Personnel Administration
System of the Chamber of Deputies and the Senate, Law
No. 025 (Judiciary Law) of 2010, and Law No. 260
(Organic Law of the Public Prosecution Service) of 2012,
to cite a number of examples.
As regards the regime on government procurement of goods
and services, Bolivia has also been moving ahead with
efforts of a legislative nature aimed at making that
regime compatible with the new constitutional framework.
Also worth noting is the 2009 promulgation of SD No.
0181 on Basic Standards of the Goods and Services
Administration System, which replaced SD No. 29190 of
2007 in order to make government hiring procedures more
efficient, expeditious, and transparent.
On the subject of protection for persons who report acts
of corruption, the report mentions the establishment of
the Whistleblower and Witnesses Protection System
following the promulgation in 2010 of Law No. 004
(“Marcelo Quiroga Santa Cruz” Law on Combating
Corruption, Illicit Enrichment, and Investigating
Fortunes), whose implementation was regulated in 2013 by
Law No. 458 on Protection of Whistleblowers and
Witnesses.
Based on the review of the aforementioned new
developments, the Committee also formulated
recommendations on aspects such as development of laws
or other instruments to ensure openness, equity, and
efficiency in systems of government hiring and
procurement of goods and services based on the
principles and rights envisaged in the Constitution and
the Convention; avoiding the improper use of individuals
providing on-line consultant services and the prolonged
continuation in the civil service of individuals engaged
as “interim personnel; impeding the improper and/or
arbitrary use of exceptional procurement; establishing a
general regime on amounts that sets amounts for
determining the applicability of direct procurement of
goods and services; conducting awareness campaigns,
workshops, seminars, or other similar activities
designed to disclose and disseminate the nature,
content, and scope of Law No. 458 as well as the
protection measures it offers to public servants and
private citizens who report acts of corruption, among
other recommendations.
For the analysis of the provisions envisaged in Article
III (3) of the Convention that refer to instruction to
government personnel to ensure proper understanding of
their responsibilities and the ethical rules governing
their activities, in keeping with a methodology approved
by the Committee, Bolivia chose the personnel of the
Ministry of Economy and Public Finance (MEFP), the State
School for Judges (EJE) and the Office of the
Comptroller General (CGE) for
it considers
their institutional and normative developments to be
relevant and representative of the Plurinational State
of Bolivia's entities and institutions as a whole.
Some of the recommendations formulated to Bolivia in
relation to the foregoing, address, with respect to the
personnel of the Ministry of Economy and Public Finance,
the inclusion of, as part of the contents of Individual
Annual Operating Plans (POAI), mandatory training
courses, workshops, and/or seminars to create awareness
of everyone who serves in the public sector about the
inherent corruption risks in the performance of their
official duties as well as its consequences.
With respect to the School for Judges, adopt the
necessary measures to make it a mandatory requirement
for admission to the judiciary to attend and pass the
training and specialist instruction programs that the
School provides, and develop induction and training
courses and/or programs for all public servants in the
judiciary on the ethical rules that govern their
activities, in particular, ones to make them aware of
the inherent corruption risks in the performance of
their official duties.
With respect to the Office of the Comptroller General,
promote and hold training events to strengthen the
ethical and moral development of all public servants in
the Office of the Comptroller through its Training
Center (CENCAP), taking advantage of its infrastructure
and technological tools.
Finally, the Committee reviewed whether Bolivia has
studied further preventive measures that take into
account the relationship between equitable compensation
and probity in public service and if it has established
objective and transparent guidelines for determining
civil servant remunerations. On that basis, it was
recommended that Bolivia should consider promoting
inclusion of objective criteria to determine
compensation of public servants within offices and
entities included in the legislative and judicial
branches, as well as for the decentralized and
self-sufficient entities of the executive branch.
It should be noted that the report also contains a set
of best practices on which Bolivia supplied information,
which are, in short, the public opening of bids in goods
and services procurement processes in the Municipality
of Vinto, a practice adopted by its autonomous municipal
government; the
Mi Plataforma initiative introduced by the Ministry
for Institutional Transparency and Fight against
Corruption; diagnostic assessment of areas at risk for
corruption at the municipal level implemented by the
same ministry, disclosure of risk maps for the entities
evaluated; and lastly, the Executive Branch Ministries
Master Salary Scale instituted by the Ministry of
Economy and Public Finance as a salary policy instrument
for adjusting salaries and establishing levels,
categories, descriptions, and basic pay in a bid to
harmonize the structure in salary and positions within
executive branch
ministries. Along with the report of Bolivia, the Committee also adopted reports for Paraguay, Peru, and Uruguay, all available at:
http://www.oas.org/juridico/english/mesicic5_rep.htm
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Edition N° 235 - Mar. 2016
The Mechanism For Follow-up on the
Implementation of the Inter-American
Convention against Corruption, known as MESICIC for its Spanish acronym, is a tool to
support the development of the Inter-American
Convention against Corruption through
cooperation between States Parties.
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