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Integrity Scorecard

2007 Assessment

Ecuador: Integrity Indicators Scorecard

Ecuador: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
29	Can members of the legislature be held accountable for their actions?	33
30	Are there regulations governing conflicts of interest by members of the national legislature?	54
31	Can citizens access the asset disclosure records of members of the national legislature?	33
32	Can citizens access legislative processes and documents?	92

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

29a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments: Both branches are independent. Ecuador has a democratic system, the balance of powers precludes interference between the branches of government.

References: National Constitution: Article 119, Principio de No injerencia; Article 199, Principio de Legalidad

29b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments: The Judiciary System has jurisdiction with regard to resolutions that have been taken by the National Parliament.

References: Article 275 of the National Constitution

29c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments: Article 23 No. 3 of the Constitution establishes equality before the law. But the Congress is required to lift the parliamentary immunity of the deputies.

References: National Constitution, Article 23 and 137

Article 60 Ley Orgánica de la Función

Article 154 Reglamento interno del Congreso

Are there regulations governing conflicts of interest by members of the national legislature?

30a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments:

References: Article 122 of the National Constitution Article 5 Reglamento para la declaración jurada de bienes.

30b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

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

Comments: Once the deputy has finished their term, there are no employment restrictions, however it is prohibited to carry out certain activities in the private sector while in public office, except teach in universities.

References: National Constitution: Article 23, No. 3 and Article 125 Ley Orgánica de Servicio Civil y Carrera Administrativ:Article 12

Peer Review Comments: There are numerous examples of deputies who are elected to Congress who remain directly linked to the private sector while they are in office. There are also cases of deputies that own or work for specific businesses and continue to manage them during their congressional office terms.

30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments: The members of the National Legislature cannot accept gifts of any nature, because it is a crime. Articles 285 and 264 from Penal Code specifically prohibit to ask or to receive (bribes) money, favors, or gifts.

References: Article 121 of the National Constitution Articles 285 and 264 Código Penal

30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments: The last article determines that audits must be carried out in cases of infraction indications.

References: Article. 122 of the National Constitution Article 31 No. 1 La Ley Orgánica de la Contraloría General del Estado. Article 1 Resolución del TSE 2006/08/22, registro oficial No. 339 Reglamento para Contratación de Servicios de Servicios de Auditoria con Compañías Privadas de Auditoría Comments:

Peer Review Comments: No independent audits are made. The Contraloria may review in cases of possible infraction, but usually it does not.

30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments: There are cases of legislators working in their own business.

References: There are no laws that restrict deputies entrance into the private sector after living the public sector.

30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments: Any kind of gifts or hospitality offered to deputies is an illicit act legally speaking.

It is very difficult to observe and document this behavior in the practice, however.

References: Media

Peer Review Comments: No regulations exist.

30g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments: The Fiscalía General del Estado (General office of the Public Prosecutor of the State) brought an investigation against the Deputy Salvador Quizhpe for alleged illegal enrichment. However, the deputy alleged the investigation was an act of etaliation because he accused the public prosecutor of plagiarism.

The Comisión Control Cívico de la Corrupción (CCCC) and Contraloría General del Estado are agencies for making process of audit. However, these agencies need a previous accusation, before to starting an investigation.

References: [ LINK ] 2007/06/23 La Fiscalía investiga a Salvador Quishpe.

[ LINK ] 2007/06/09 Salvador Quishpe acusa al fiscal general de Ecuador por plagio de publicación

Peer Review Comments: The asset disclosures are not audited.

Can citizens access the asset disclosure records of members of the national legislature?

31a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments: The National Constitution guarantees the access to information except in cases of national defense.

References: National Constitution: Article 81 and Article 94 Reglamento a la Ley de Transparencia y Acceso a la Información Pública: Article 4

Peer Review Comments: These records are treated as confidential or their access is reserved under the FOI law.

31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments: The deputies in the National Congress must disclosure their asset before to take positions. But, again these records are not publicly available.

References: ([ LINK ]) El Congreso Nacional está dispuesto a abrir sus cuentas por sospecha de corrupción.

31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments: The money is not a barrier; these records are rarely available to the common citizen.

References: interview with Dr. Wilson Perez (expert in Institutional themes, FLACSO)

Peer Review Comments: Journalists and CSOs have gained access to these types of records. A better information source would be the Access to Information Coalition (Coalición de Accesso a la Información).

Can citizens access legislative processes and documents?

32a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments: The State guarantees the right to access to sources of information.

It is logical that the people can access to legislative documents, because this branch is charged with creating the laws .

References: National Constitution: Article 81 and Article 94 Article 4 Reglamento a la Ley de Transparencia y Acceso a la Información Pública.

32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments: The document records are publicly available, and getting them is very easy.

References: [ LINK ]

Peer Review Comments: Citizens are required to fill out documents and to visit the offices of Congress in Quito. They can experience delays. A better source of information would be the Access to Information Coalition (Coalición de Accesso a la Información).

32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments: These documents are available online.

References: [ LINK ] [ LINK ] [ LINK ]

Peer Review Comments: Citizens are required to fill out documents, visit the offices of Congress in Quito and they can experience delays. It is even difficult for the average citizen to enter the offices of congress. A better source of information would be the Access to Information Coalition (Coalición de Accesso a la Información).