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2008 Assessment

Argentina: Integrity Indicators Scorecard

Argentina: Integrity Scorecard Report > Sub-Category: Whistle-blowing Measures
Indicators		Score
48	Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?	38
49	Is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?	100
50	In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective?	19

Indicator and sub-Indicator Details

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

48a: 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: Defendants and Witnesses Protection National Program Law (Law 25.764) OAS Convention against Corruption (Law 24.759) UN Convention against Corruption (Law 26.097) [ LINK ]

Interview, Virginia Lencina, Angeles Aponte, Soporte Foundation, September 2008 [ LINK ]

48b: 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: The main weakness in this case is the absence of specific legislation to protect civil servants, and citizens in general, from recrimination or other negative consequences when reporting corruption.

References: [ LINK ]

48c: 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: Law 25.764 may only be applied in cases of political corruption.

References: Interview, Virginia Lencina, Angeles Aponte, Soporte Foundation, September 2008 [ LINK ]

48d: 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: Some companies include international whistle-blowing standards in their internal regulations.

References: Interview, Virginia Lencina, Angeles Aponte, Soporte Foundation, September 2008 [ LINK ]

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

49: 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:

References: Anti-Corruption Office [ LINK ]

National Administrative Investigations Prosecutor [ LINK ]

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

50a: In practice, the internal reporting mechanism for public sector corruption has a professional, full-time staff.

Score:

100

Comments: No information is available.

References: Interview, Virginia Lencina, Angeles Aponte, Soporte Foundation, September 2008 [ LINK ]

50b: In practice, the internal reporting mechanism for public sector corruption receives regular funding.

Score:

100

Comments: No information is available.

References: Interview, Virginia Lencina, Angeles Aponte, Soporte Foundation, September 2008 [ LINK ]

50c: In practice, the internal reporting mechanism for public sector corruption acts on complaints within a reasonable time period.

Score:

100

Comments: In many cases cases, the delays are caused by the few resources available in the agencies to answer or act on the complaints received.

References: Interview, Virginia Lencina, Angeles Aponte, Soporte Foundation, September 2008 [ LINK ]

Anti-Corruption Office Annual Report [ LINK ]

Administrative Investgations National Attorney´s Report [ LINK ]

Peer Review Comments: Since 2002, the Anti-Corruption Office has primarily been staffed with people loyal to the president in charge and there has been a reluctance to investigate (and report) cases that have affected the Kirchners' inner circle.

50d: 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:

References: Interview, Virginia Lencina, Angeles Aponte, Soporte Foundation, September 2008 [ LINK ]