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2007 Assessment

Argentina: Integrity Indicators Scorecard

Argentina: Integrity Scorecard Report > Sub-Category: Civil Society Organizations
Indicators		Score
1	Are anti-corruption/good governance CSOs legally protected?	100
2	Are good governance/anti-corruption CSOs able to operate freely?	83
3	Are civil society activists safe when working on corruption issues?	100
4	Can citizens organize into trade unions?	88

Indicator and sub-Indicator Details

Are anti-corruption/good governance CSOs legally protected?

1a: In law, citizens have a right to form civil society organizations (CSOs) focused on anti-corruption or good governance.

Score:

YES

Comments: The national constitution guarantees the right of association.

References: National constitution Civil Code Law of Foundations 19.836 Law 24.409 / Ratification of The Hague Charter on legal recognition of foreign associations and foundations PNUD/BID/Banco Mundial. Las Organizaciones de la Sociedad Civil en el ordenamiento legal argentino. Cuatro propuestas para el cambio. Buenos Aires, 1999 Poder Ciudadano y otros. Marco legal y fiscal para asociaciones y fundaciones. Buenos Aires, 2004. www.poderciudadano.org

1b: In law, anti-corruption/good governance CSOs are free to accept funding from any foreign or domestic sources.

Score:

YES

Comments: CSOs are free to accept foreign and domestic funding. They must disclose the information annually in their balance accounts. There is no prohibition in any legislation and other types of rules regulating CSOs activities.

References: www.infoleg.gov.ar www.afip.org Law 22.325 Organica de la Inspeccion General de Justicia

1c: In law, anti-corruption/good governance CSOs are required to disclose their sources of funding.

Score:

YES

Comments: All CSOs must disclose annually their balance accounts. Many publish this documentation on the Web as well, i.e. on www.poderciudadano.org. There is a group of CSOs working to improve transparency and accountability of CSOs in Argentina. They promote the use of the internet to communicate all stakeholders. Acknowledged and well-known CSOs from different fields publish their accounts and lists of donor on the Web.

References: www.infoleg.gov.ar www.afip.gov.ar

Are good governance/anti-corruption CSOs able to operate freely?

2a: In practice, the government does not create barriers to the organization of new anti-corruption/good governance CSOs.

Score:

100

Comments: There are no registered problems in the case of CSOs promoting good governance in the country.

References: Pilar Arcidiacono, CELS (Centro de esudios Legales y Sociales), Aug. 17, 2007 Pablo Secchi, Poder Ciudadano, Aug. 17, 2007 Ines Selvood, Plaza Publica - ClarinCom, Aug. 16, 2007

2b: In practice, anti-corruption/good governance CSOs actively engage in the political and policymaking process.

Score:

100

Comments: Despite the fact that anti-corruption and good governance organizations operate freely, their relevance in the policy making process has diminished recently. They have social recognition in the public opinion. However political leaders tend not to rely on NGOs. In the majority of cases, political leaders try to coopt and use the reputation of many of these NGOs. These organizations try to work with the public sector and political representatives. They usually work towards generating evidence and promoting recommendations for public policies. However, there has not been relevant success in the past year.

References: Pilar Arcidiacono, CELS (Centro de esudios Legales y Sociales), Aug. 17, 2007 Pablo Secchi, Poder Ciudadano, Aug. 17, 2007 Ines Selvood, Plaza Publica - ClarinCom, Aug. 16, 2007

Peer Review Comments: Anti-corruption/good governance CSOs have very little relevance in the policy-making process. Since 2001, they have more recognition in public opinion and newspapers are giving them attention.

Peer Review Comments: I have a somewhat more positive view and have seen some successes in policy making during the past year, for example with the changes in education law, military education and justice, etc.

2c: In practice, no anti-corruption/good governance CSOs have been shut down by the government for their work on corruption-related issues during the study period.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned is there were no CSOs shut down by the government or forced to cease operations because of their work on corruption-related issues during the study period. NO: A NO score is earned if any CSO has been effectively shut down by the government or forced to cease operations because of its work on corruption-related issues during the study period. The causal relationship between the cessation of operations and the CSO\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the CSO was forced to cease operations due to its work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: There are no registered cases.

References: Pilar Arcidiacono, CELS (Centro de esudios Legales y Sociales), Aug. 17, 2007 Pablo Secchi, Poder Ciudadano, Aug. 17, 2007 Ines Selvood, Plaza Publica - ClarinCom, Aug. 16, 2007

Peer Review Comments: I have no knowledge of any case.

Are civil society activists safe when working on corruption issues?

3a: In practice, in the past year, no civil society activists working on corruption issues have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no CSO activists imprisoned because of their work covering corruption. YES is a positive score. NO: A NO score is earned if any activist was jailed in relation to work covering corruption. The causal relationship between the official charges and the person\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the person was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: There were no registered cases. CSOs and their leaders work and operate freely.

References: Pilar Arcidiacono, CELS (Centro de esudios Legales y Sociales), Aug. 17, 2007 Pablo Secchi, Poder Ciudadano, Aug. 17, 2007 Ines Selvood, Plaza Publica - ClarinCom, Aug. 16, 2007

3b: In practice, in the past year, no civil society activists working on corruption issues have been physically harmed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists covering corruption being assaulted in the specific study period. A YES score can be earned if there was an attack but it was clearly unrelated to the activist\'s work. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period of assault to an activist who covers corruption. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: There were no registered cases.

References: Pilar Arcidiacono, CELS (Centro de esudios Legales y Sociales), Aug. 17, 2007 Pablo Secchi, Poder Ciudadano, Aug. 17, 2007 Ines Selvood, Plaza Publica - ClarinCom, Aug. 16, 2007

3c: In practice, in the past year, no civil society activists working on corruption issues have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists being killed because of their work covering corruption in the specific study period. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period where a person was killed related to a corruption trial, scandal or investigation. The relationship between a mysterious death and an individual\'s history may not be clear, however the burden of proof here is low. If it is reasonable that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: There were no registered cases.

References: Pilar Arcidiacono, CELS (Centro de esudios Legales y Sociales), Aug. 17, 2007 Pablo Secchi, Poder Ciudadano, Aug. 17, 2007 Ines Selvood, Plaza Publica - ClarinCom, Aug. 16, 2007

Can citizens organize into trade unions?

4a: In law, citizens have a right to organize into trade unions.

Score:

YES

Comments: The right to organize trade unions is guaranteed by the national constitution.

References: National Constitution, Art 14 Law 23.551 of Trade Union Associations

Peer Review Comments: Trade unions have their rights guaranteed, but corruption is very common inside those organizations.

4b: In practice, citizens are able to organize into trade unions.

Score:

100

Comments: The CTA (Central de trabajadores Argentinos) was created in the 1990s. It gathers two trade unions: teachers and civil servants. Since its creation, the CTA has been critical towards the traditional CGT (Central General de Trabajadores). Since its creation, the CTA has not yeat obtained the legal recognition by the government. The CGT has usually put pressure on the government to prevent it from legalizing the CTA situation. The CTA makes daily claims. The ILO/OIT (International Labour Organisation) has asked the Argentine government to legalize the CTA.

References: [ LINK ] [ LINK ] [ LINK ] Pilar Arcidiacono, CELS, Aug. 17, 2007

Peer Review Comments: