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2007 Assessment

Argentina: Integrity Indicators Scorecard

Argentina: Integrity Scorecard Report > Sub-Category: Whistle-blowing Measures
Indicators		Score
45	Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?	63
46	In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?	100
47	In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective?	50

Indicator and sub-Indicator Details

Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?

45a: In law, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

YES

Comments: Law 25.764 does not specifically include corruption cases, but in certain instances it might.

References: UN / OAS Conventions against Corruption Code of Criminal Procedure, article 79, section c).

Defendants and Witnesses Protection National Program (Law 25.764).

[ LINK ]

45b: In practice, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

100

Comments:

References: Nicolás Dassen, expert on anti-corruption affairs, Poder Ciudadano Foundation advisor Telephone interview, Aug. 15, 2007

Poder Ciudadano´s Replay to the Questionnaire of the Committee of Experts of the Follow-up Mechanism for the implementation of The Interamerican Convention against Corruption, 2006 [ LINK ]

45c: In law, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

YES

Comments:

References: Code of Criminal Procedure, article 79, section c).

Defendants and Witnesses Protection National Program (Law 25.764).

[ LINK ]

45d: In practice, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

100

Comments: No cases were found.

References: Interview with Julieta Arias. Transparency and Anti-corruption Department, Poder Ciudadano Foundation. Aug. 17, 2007

In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?

46: In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?

Score:

YES

Comments: They are the Anti-Corruption Office and the National Administrative Investigation Attorney's Office. Civil servants can report corruption by e-mail, telephone, or in person.

References: Anti-corruption Office - Investigations Department. Internal Regulations (Resolution MJDHN nº 749/00). [ LINK ]

Code of Criminal Procedure (articles 174 y 175)

Public Ministry organic Law ( 24.946 article 45, sections a) and b))

National Administrative Investigations Attorney Office (Res. PGN 18/05)

Poder Ciudadano´s Reply to the Questionnaire of the Committee of Experts of the Follow-up Mechanism for the implementation of The Interamerican Convention against Corruption, 2006. [ LINK ]

www.infoleg.gov.ar

In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective?

47a: In practice, the internal reporting mechanism for public sector corruption has a professional, full-time staff.

Score:

100

Comments:

References: Poder Ciudadano´s Reply to the Questionnaire of the Committee of Experts of the Follow-up Mechanism for the implementation of The Interamerican Convention against Corruption, 2006. [ LINK ]

47b: In practice, the internal reporting mechanism for public sector corruption receives regular funding.

Score:

100

Comments:

Nicolás Dassen, expert on anti-corruption affairs, Poder Ciudadano Foundation advisor. Telephone interview, Aug. 15, 2007

47c: In practice, the internal reporting mechanism for public sector corruption acts on complaints within a reasonable time period.

Score:

100

Comments:

References: Poder Ciudadano´s Replay to the Questionnaire of the Committee of Experts of the Follow up Mechanism for the implementation of The Interamerican Convention against Corruption, 2006 [ LINK ]

Interview with Julieta Arias. Transparency and Anti-corruption Department, Poder Ciudadano Foundation. Aug. 17, 2007

Peer Review Comments: If the abuses affect the incumbent administration, chances are that internal investigations move slowly and do not go anywhere in the end. A clear example is the rash of scandals that have happened in Argentina in the last year. In only one case a former minister of the economy is facing criminal charges. In other cases, both the judiciary and government administrative agencies have moved very slowly. None of the scandals affecting public procurement contracts and poverty alleviation prgrams, managed by Minister De Vido, have been investigated seriously.

47d: In practice, when necessary, the internal reporting mechanism for public sector corruption initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: When irregularities are discovered, the agency/entity is aggressive in investigating the government or in cooperating with other agencies\' investigations. <p>50 Score Criteria: The agency/entity starts investigations, but is limited in its effectiveness. The agency/entity may be slow to act, unwilling to take on politically powerful offenders, reluctant to cooperate with other investigative agencies, or occasionally unable to enforce its judgments. <p>0 Score Criteria: The agency/entity does not effectively investigate. The agency/entity may start investigations but not complete them, may refuse to cooperate with other investigative agencies, or may fail to detect offenders. The agency/entity may be partisan in its application of power.$

Comments:

Interview with Julieta Arias. Transparency and Anti-corruption Department, Poder Ciudadano Foundation. Aug. 17, 2007

Peer Review Comments: See my previous comment.