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2007 Assessment

Argentina: Integrity Indicators Scorecard

Argentina: Integrity Scorecard Report > Sub-Category: Anti-Corruption Agency
Indicators		Score
71	In law, is there an agency (or group of agencies) with a legal mandate to address corruption?	100
72	Is the anti-corruption agency effective?	75
73	Can citizens access the anti-corruption agency?	75

Indicator and sub-Indicator Details

In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

71: In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

Score:

YES

Comments:

References: UN / OAS Conventions against Corruption The Anti-Corruption Office is the agency specifically mandated to address corruption. Ministries Law (Law 25.233) Decree 102/99

www.infoleg.gov.ar

Is the anti-corruption agency effective?

72a: In law, the anti-corruption agency (or agencies) is protected from political interference.

Score:

YES

Comments:

References: Ministries Law (Law 25.233) Decree 102/99

www.infoleg.gov.ar

Peer Review Comments: This is true, but already under de la Rua, who created it, it came under a lot of pressure due to its investigation about some cases involving administration officials. Under the present government, the president appointed a person loyal to him. This explains the lack of activism of the Anti Corruption Office in cases involving the present administration. At least de la Rua appointed a federal judge with impeccable credentials who was truly independent. The only independet office seems to be the one headed by Dr. Garrido these days, who, under de la Rua, was the second in command at the ACO.

72b: In practice, the anti-corruption agency (or agencies) is protected from political interference.

Score:

100

Comments:

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

72c: In practice, the head of the anti-corruption agency (or agencies) is protected from removal without relevant justification.

Score:

100

Comments: There were no registered cases.

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

Interview with Julieta Arias, Transparency and Anti-Corruption Department, Poder Ciudadano Foundation. Poder Ciudadano Foundation, Aug. 10, 2007

72d: In practice, appointments to the anti-corruption agency (or agencies) are based on professional criteria.

Score:

100

Comments:

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

Peer Review Comments: Under Kirchner the Anti Corruption Office staff has been changed in key positions and political appointees run the most sensitive tasjks.

72e: In practice, the anti-corruption agency (or agencies) has a professional, full-time staff.

Score:

100

Comments:

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

72f: In practice, the anti-corruption agency (or agencies) receives regular funding.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a predictable source of funding that is fairly consistent from year to year. Political considerations are not a major factor in determining agency funding. <p>50 Score Criteria: The agency (or agencies) has a regular source of funding, but may be pressured by cuts, or threats of cuts to the agency budget. Political considerations have an effect on agency funding. <p>0 Score Criteria: The agency\'s funding sources are unreliable. Funding may be removed arbitrarily or as retaliation for agency actions.$

Comments:

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

72g: In practice, the anti-corruption agency (or agencies) makes regular public reports.

Score:

100

Comments:

References: Decree 102/99 [ LINK ]

Interview with Julieta Arias, Transparency and Anti-Corruption Department, Poder Ciudadano Foundation. Poder Ciudadano Foundation, Aug. 10, 2007

72h: In practice, the anti-corruption agency (or agencies) has sufficient powers to carry out its mandate.

Score:

100

Comments: In terms of investigations, the AO has sufficient powers to carry out its mandate, but it depends on the political will in order to implement transparency policies.

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

Peer Review Comments: The ACO since the Peronists took over in 2002 has rarely investigated corruption cases affecting the government party, and there have been plenty of scandals to go around.

72i: In practice, when necessary, the anti-corruption agency (or agencies) independently initiates investigations.

Score:

100

Comments:

References: Interview with Julieta Arias, Transparency and Anti-Corrupotion Department, Poder Ciudadano Fundation, Aug. 17, 2007 [ LINK ]

Peer Review Comments: As I stated in my previous comments, under the Peronists the ACO has displayed much less activism than under de la Rua, and this has to do with the way Duhalde and Kirchner dealt with its staff appointments.

Can citizens access the anti-corruption agency?

73a: In practice, the anti-corruption agency (or agencies) acts on complaints within a reasonable time period.

Score:

100

Comments:

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

Peer Review Comments: This was true until 2001 but less so thereafter.

73b: In practice, citizens can complain to the anti-corruption agency (or agencies) without fear of recrimination.

Score:

100

Comments:

References: Interview with Julieta Arias, Transparency and Anti-Corruption Department, Poder Ciudadano Fundation. Telephone interview, Aug. 17, 2007

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 ]