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2007 Assessment

Argentina: Integrity Indicators Scorecard

Argentina: Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
23	In law, can citizens sue the government for infringement of their civil rights?	100
24	Can the chief executive be held accountable for his/her actions?	56
25	Is the executive leadership subject to criminal proceedings?	100
26	Are there regulations governing conflicts of interest by the executive branch?	59
27	Can citizens access the asset disclosure records of the heads of state and government?	75
28	In practice, official government functions are kept separate and distinct from the functions of the ruling political party.	25

Indicator and sub-Indicator Details

In law, can citizens sue the government for infringement of their civil rights?

23: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments:

References: National Constitution

Can the chief executive be held accountable for his/her actions?

24a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments: President Kirchner has never given a press conference since 2003. He has attacked the press during several speeches throughout his administration. Cabinet ministers are less reluctant to talk to the media. However, it is said they are very careful when choosing the journalists they wish to speak to.

References: Asociaciones de Entidades Periodisticas Argentinas www.adepa.org.ar;

Foro de Periodismo Argentino www.fopea.org.ar;

"Kirchner dijo que la prensa lo quiere "hacer perder de cualquiera manera" Clarin, June 26, 2007 www.clarin.com;

Gustavo Vittori: "El poder cortó la comunicación con la prensa". Interview with the president of ADEPA published by La Nacion, Aug. 5, 2007 www.lanacion.com.ar

Peer Review Comments: President Kirchner gives reasons, after the decision is made. The chief executives do not explain their actions in a traditional way. And do not submit decisions to public discussion. They use political acts and no press conferences. The realtionship with media has been criticized, and Kirchner has been accused of being authoritarian. Although this is a matter to discuss, and is tied to the ideology of the speaker.

24b: In law, the judiciary can review the actions of the executive.

Score:

YES

Comments: If a decision goes against the constitution, the judiciary must review it.

References: National Constitution

24c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments: The general perception is that the judiciary acts in a very slow manner. In the case of many judges, their independence is under suspicion. However, the Supreme Court with its new members and decisions is becoming more reliable. The legitimacy of this Supreme Court has been built by the new selection process applied in 2003 after President Kirchner decided to put in practice the recommendations of a group of NGOs. The new selection process is open to the public and offers the possibility to participate by introducing public hearings and access to information while the candidates are reviewed by the Senate.

References: "Fallos de la Corte al alcance del ciudadano", 2007, [ LINK ]

Decree 222/2003. New selection process for Supreme Court Justices www.infoleg.gov.ar

24d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments: A new study will be released soon. It shows that President Kichner has signed fewer necessity and urgency decrees in 2007. The official majority in Congress is extremely disciplined and the executive drafts are treated and passed quickly.

References: Interview: Delia Ferreira Rubio, expert on the decisions of the executive, Aug. 14, 2007; Interview: Pablo Secchi, Poder Ciudadano, Aug. 17, 2007

Peer Review Comments: Kirchner has abused the use of executive orders more so than Menem, at least in terms of sheer numbers according to figures published in the Argentine press in late 2008!

Is the executive leadership subject to criminal proceedings?

25a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments:

References: National Constitution www.infoleg.gov.ar

25b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments:

References: National Constitution www.infoleg.gov.ar

Are there regulations governing conflicts of interest by the executive branch?

26a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: National Constitution www.infoleg.gov.ar

Law 25.188 (Public Ethics) www.infoleg.gov.ar

26b: In law, ministerial-level officials are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: National Constitution www.infoleg.gov.ar

Law 25.188 (Public Ethics) www.infoleg.gov.ar

26c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

Score:

YES

Comments:

References: Law 25.188 (Public Ethics) www.infoleg.gov.ar

26d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).

Score:

YES

Comments: The Public Ethics Committee was never created. In 2000, the executive created the Anti-Corruption Office which is in charge of controlling asset disclosure forms of public officials at this branch of government. The head of this office is appointed by the president. By institutional design, this position is not truly independent. Besides, the budget depends on the Ministry of Justice.

References: Law 25.188 (Public Ethics) www.infoleg.gov.ar

26e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.

Score:

YES

Comments: The abovementioned decree modified the opportunities for appointment of those working in the private sector. It created no time limits, thus modifying the original law.

References: Law 25.188 Decree 862/2001

26f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.

Score:

100

Comments: Conflicts of interest are not effectively controlled.

References: Interview: Julieta Arias, Poder Ciudadano, Aug. 17, 2007

26g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

Score:

100

Comments:

References: Interview: Julieta Arias, Poder Ciudadano, Aug. 17, 2007

Peer Review Comments: I do believe that there is some moral effect that sometimes leads government people to act according to ethical standards.

26h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.

Score:

100

Comments:

References: 2006 Annual Report. Anti Corruption Office www.jus.anticorrupcion.gov.ar;

Interview: Julieta Arias, Poder Ciudadano, Aug. 17, 2007

Can citizens access the asset disclosure records of the heads of state and government?

27a: In law, citizens can access the asset disclosure records of the heads of state and government.

Score:

YES

Comments:

References: National Constitution Law 25.188 Decree 1172/2003

27b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.

Score:

100

Comments:

References: Interview: Julieta Arias, Poder Ciudadano, Aug. 17, 2007

Peer Review Comments: My recollection is that when Kirchner ran for office in 2003 he only gave a partial asset disclosure and was very unnerved when some journalists pressed him on the issue. Speaking from personal experience I would say that it would take an individual a number of weeks to get some reliable data.

27c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.

Score:

100

Comments: Poder Ciudadano Foundation usually requests more than 30 reports every year. Sometimes the Anti-Corruption Office has asked the NGO to provide papers for the photocopying.

References: Interview: Julieta Arias, Poder Ciudadano, Aug. 17, 2007

Peer Review Comments: See my comments for the previous question.

In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

28: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Score:

100

Comments: Public resources are used with electoral purposes. The ruling party is very weak, however the former president and his wife - the new president - have confused the use of public resources with electoral purposes, i.e. official airplanes, TV state-channel, human resources.

References: Poder Ciudadano, 2007, Recomendaciones para ua campana transparente. www.poderciudadano.org; Intrview: Pablo Secchi, Poder Ciudadano, Aug. 17, 2007

Peer Review Comments: In practice, official government functions are not kept separate and distinct from the functions of the ruling political party. Cristina Fernández de Kirchner (elected president october 24) used all kind of public resources due to the fact that she is president Kirchner's wife.