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2007 Assessment

Burundi: Integrity Indicators Scorecard

Burundi: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
41	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	75
42	Is the law governing the administration and civil service effective?	25
43	Are there regulations addressing conflicts of interest for civil servants?	25
44	Can citizens access the asset disclosure records of senior civil servants?	0

Indicator and sub-Indicator Details

Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?

41a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments:

References: Articles 6 and 10 de la loi N°1/ 28 du 23 août 2006 portant statut général des fonctionnaires

41b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments:

References: Article 4 de la loi N°1/ 28 du 23 août 2006 portant statut général des fonctionnaires.

41c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments:

References: Loi N°1/28 du 23 août 2006 portant statut général des fonctionnaires

41d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments:

References: Artcle 8 de la loi N°1/ 28 du 23 août 2006 portant statut général des fonctionnaires

Is the law governing the administration and civil service effective?

42a: In practice, civil servants are protected from political interference.

Score:

100

Comments:

References: Interview with Christophe Sebudandi, a private consultant in government and corruption, Aug. 27, 2007, in Bujumbura.

Interview with Gabriel Nikundana, editor in chief of Radio Isanganiro, Aug. 24, 2007, in Bujumbura.

42b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments:

References: Interview with Christophe Sebudandi, a private consultant in government and corruption, Aug. 27, 2007, in Bujumbura.

Interview with Gabriel Nikundana, editor in chief of Radio Isanganiro, Aug. 24, 2007, in Bujumbura.

42c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments:

References: Interview with Christophe Sebudandi, a private consultant in government and corruption, Aug. 27, 2007, in Bujumbura.

Interview with Gabriel Nikundana, editor in chief of Radio Isanganiro, Aug. 24, 2007, in Bujumbura.

Peer Review Comments: Nepotism and clientèle-ism and corruption and political interference are the norm for all decent positions in public service (as they are in the UN, the NGOs, and so on).

42d: In practice, civil servants have clear job descriptions.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servants almost always have formal job descriptions establishing levels of seniority, assigned functions, and compensation. Job descriptions are a reliable means to map positions to both human capital requirements (including the position\'s authority and responsibilities) and base pay. 50 Score Criteria: Civil servants often have formal job descriptions, but exceptions exist. Some civil servants may not be part of the formal assignment of duties and compensations. Some job descriptions may not map clearly to pay or responsibilities in some cases. 0 Score Criteria: Civil servants do not have formal roles or job descriptions. If they do, such job descriptions have little or nothing to do with the position\'s responsibilities, authority, or pay.$

Comments:

References: Interview with Christophe Sebudandi, a private consultant in government and corruption, Aug. 27, 2007, in Bujumbura.

Interview with Gabriel Nikundana, editor in chief of Radio Isanganiro, Aug. 24, 2007, in Bujumbura.

42e: In practice, civil servant bonuses constitute only a small faction of total pay.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servant bonuses constitute no more than 10% of total pay and do not represent a major element of take-home pay. 50 Score Criteria: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants though exceptions exist where some civil servants\' bonuses represent a significant part of total pay. 0 Score Criteria: Most civil servants receive bonuses that represent a significant amount of total take-home pay. In some cases bonuses represent the majority of total pay to civil servants.$

Comments:

References: Interview with civil service agents, August 2007, in Bujumbura.

42f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments:

References: Interview with civil service agents, August 2007, Bujumbura.

Peer Review Comments: Part of this is simply lack of resources and competences: the ministries often do not even know how many people they have on their pay roll, how many are alive or dead, what their grades are, and so on. This is the case for important ministries, such as education,.defense, and the interior.

42g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments: The civil service redress mechanism do not exist.

References: Interviews with civil service agents

42h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments:

References: Interview with Christophe Sebudandi, a private consultant in government and corruption, Aug. 27, 2007, in Bujumbura.

Interview with Gabriel Nikundana, editor in chief of Radio Isanganiro, Aug. 24, 2007, in Bujumbura.

42i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments:

References: Interview with Christophe Sebudandi, a private consultant in government and corruption, Aug. 27, 2007, in Bujumbura.

Interview with Gabriel Nikundana, editor in chief of Radio Isanganiro, Aug. 24, 2007, in Bujumbura.

Peer Review Comments: There are civil servants who are caught in corruption and excluded but only if they are out of favor with the powers that be.

Are there regulations addressing conflicts of interest for civil servants?

43a: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments:

References: Articles 5, 9 et 10 de la loi N°1/ 28 du 23 août 006 portant statu général de la fonction publique

43b: In law, there are restrictions for civil servants entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting civil servants\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: The post-transition constitution.

43c: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments:

References: the constitution post-transition La loi régissant la fonction pubique

43d: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments: There are no regulations restricting post-government private sector employment for civil servants.

References: Interview with Christophe Sebudandi, a private consultant in government and corruption, Aug. 27, 2007, in Bujumbura.

Interview with Eugene Nindorera, former minister of human rights and institutional reforms, Aug. 25, 2007, in Bujumbura.

43e: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments: Regulations governing gifts and hospitality to civil servants do not exist.

References: Interview with Christophe Sebudandi, a private consultant in government and corruption, Aug. 27, 2007, in Bujumbura.

Interview with Eugene Nindorera, former minister of human rights and institutional reforms, Aug. 25, 2007, in Bujumbura.

43f: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments:

References: Interview with Christophe Sebudandi, a private consultant in government and corruption, Aug. 27, 2007, in Bujumbura.

Interview with Eugene Nindorera, former minister of human rights and institutional reforms, Aug. 25, 2007, in Bujumbura.

Can citizens access the asset disclosure records of senior civil servants?

44a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments: There is no law or regulation that guarantees that citizens can access the asset records of senior civil servants.

References: The post-transition constitution

44b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments:

References: Interview with christophe Sebudandi, a private consultant in govenance and corruption, The 27of august, Bujumbura Interview with Eugene Nindorera, a former minister of human right and the institutional reforms, The 25 of august

44c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments: Records costs are prohibitive to most citizens, journalists, or CSOs trying to access this information.

References: Interview with Christophe Sebudandi, a private consultant in government and corruption, Aug. 27, 2007, in Bujumbura.

Interview with Eugene Nindorera, former minister of human rights and institutional reforms, Aug. 25, 2007, in Bujumbura.