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2007 Assessment

Argentina: Integrity Indicators Scorecard

Argentina: Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
52	In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
53	Is the national ombudsman effective?	73
54	Can citizens access the reports of the ombudsman?	100

Indicator and sub-Indicator Details

In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

52: In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

Score:

YES

Comments:

References: Ombudsman creation Law (Law 24.284 and modifications, Law 24.379)

www.infoleg.gov.ar

Is the national ombudsman effective?

53a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments:

References: Ombudsman creation Law (law 24.284 and modifications Law 24.379)

www.infoleg.gov.ar

53b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments:

References: [ LINK ] Interview published by La Nación

53c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments: No cases were found.

References: [ LINK ] Interview published by La Nación

53d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments:

References: [ LINK ] Interview published by La Nación

Peer Review Comments: Yes. An interview that I had with Mar del Plata city ombudsman revealed that proffesional staff is not enough in most of the agencies.

53e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments:

References: [ LINK ] Interview published by La Nación

53f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments:

References: Interview with Pilar Arcidiacono, Cels (Centro de Estudios Legales y sociales), Aug. 17, 2007

53g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments: Reports are available on the Internet.

References: [ LINK ]

Peer Review Comments: Reports are also published by newspapers.

53h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The agency is fair in its application of this power. <p>50 Score Criteria: The agency will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The agency rarely investigates on its own or cooperates in other agencies\' investigations, or the agency is partisan in its application of this power.$

Comments:

References: Interview with the Ombudsman, published by La Nación [ LINK ]

Ombudsman Public Reports www.defensor.gov.ar

53i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

Comments: The agency does not have the authority to impose penalties on offenders.

References: [ LINK ] [ LINK ]

Peer Review Comments: The agencies usually achieve arrangements using the judicial mediation system. Their are dedicated in high percentage to the problems between consumers and companies.

53j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

$Scoring Criteria :: 100 Score Criteria: Ombudsman\'s reports are taken seriously, with negative findings drawing prompt corrective action. <p>50 Score Criteria: In most cases, ombudsman\'s reports are acted on, though some exceptions may occur for politicalally sensitive issues, or particularly resistant agencies. <p>0 Score Criteria: Ombudsman reports are often ignored, or given superficial attention. Ombudsman reports do not lead to policy changes.$

Comments:

References: [ LINK ] [ LINK ]

Interview with Pilar Arcidiacono, Cels, Aug. 17, 2007

Peer Review Comments: My personal experience speaking with a former Ombudsman is that the federal and city governments often ignored his recommendations when they ran against vested interests.

53k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

Comments:

References: Interview with Pilar Arcidiacono, Cels, (Centro de Estudios Legales y sociales), Aug. 17, 2007

Can citizens access the reports of the ombudsman?

54a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

Comments: The ombudsman must present an annual report. Those reports are published through the Official State Bulletin, and the session reports of both the House of Representatives and the Senate.

References: Ombudsman creation Law (law 24.284 and modifications Law 24.379) article 31.

www.infoleg.gov.ar/

54b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

Comments: Reports are available on the Internet.

References: [ LINK ]

54c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

Comments: Reports are available on the Internet.

References: [ LINK ]