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2007 Assessment

Ecuador: Integrity Indicators Scorecard

Ecuador: Integrity Scorecard Report > Sub-Category: Whistle-blowing Measures
Indicators		Score
45	Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?	63
46	In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?	0
47	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)?

45a: 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: Article 23 No. 2 of the National Constitution consecrates the protection to the human beings, and by logic the State must continuously search the protection to whom it denounces acts opposed with the law and the moral. I Article 97 No. 14 of the National Constitution, it is a duty and responsibility of all citizens to denounce and to fight against the corruption.

References: National Constitution: Article 23 No. 2 and Article 97 No. 14 Article 118 Código de Procedimiento Penal. (Protección a testigos) Article 7 Ley Orgánica de la Comisión Control Cívico de la Corrupción. Article 8 lit. b)Ley Orgánica de la Comisión del Control Cívico de la Corrupción (Obligaciones y prohibiciones de la CCCC).

Peer Review Comments: These laws are ineffective.

45b: 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:

References: Lcdo Juan Rosero, Coordinador Recursos Humanos (SENRES).

Peer Review Comments: Civil servants who have denounced corruption regularly face forms of harassment. This situation hasn't changed in the last year. A better information source would be the Civic Commission of Corruption Control (CCCC Comisión de Control Cívico de la Corrupción).

Peer Review Comments: Anyone stupid enough to be a whistle-blower will be persecuted, harassed, fired, or worse.

45c: 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: The law applies over all sectors, including the private sector.

References: National Constitution, Article 23 No.2 and Article 97 No.14 Article 7 Ley Orgánica de la Comisión Control Cívico de la Corrupción.

Peer Review Comments: A better information source would be the witness protection provisions included in penal code.

Peer Review Comments: This law does not function in practice.

45d: 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: Ecuador has a legal witness protection program covering private and public sector employees.

It is difficult to gather information about these cases especially in private sector, because in Ecuador there is a lack of resources that could offer safety to the citizens. Very few people receive this program in Ecuador.

References: Article 34. "Ley Orgánica del Ministerio Público".

Peer Review Comments: The witness protection program does not work.

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

46: 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: There are no explicit internal mechanisms to report corruption acts that are consecrated and recognized by the law.

The Comisión Control Cívico de la Corrupción, has the mandate to investigate accusations of corruption that have been presented and to search the sufficient data that could make to presume corruption.

References: Article 2, Ley Orgánica de la Comisión Control Cívico de la Corrupción.(....Receptará tramitará e investigará denuncias sobre actos de corrupción...

Peer Review Comments: The recently created National Anti-Corruption Secretary is devising such a mechanism. Some local or regional government institutions such as the Quito Municipality have mechanisms for reporting corruption. Cases of civil servants being influenced by political or personal matters are sadly common in Ecuador. A better information source would be the Civic Commission of Corruption Control (CCCC Comisión de Control Cívico de la Corrupción) and Congress's Fiscalization Commission (Comisión de Fiscalización del Congreso Nacional).

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

47a: In practice, the internal reporting mechanism for public sector corruption has a professional, full-time staff.

Score:

100

Comments: SENRES, has a department that receives denunciations of civil servants. This department is called a Unidad de Control and Evaluacion(Control and Evaluation Unity).

SENRES has a departmentThe Evaluation and Control Unit (Unidad de Evaluación y Control)has not the sufficient professional staff to fulfill with this goal.

But there is no civil service-wide internal reporting system within the various ministries.

References: Lcdo Juan Rosero, Coordinador Recursos Humanos (SENRES).

Peer Review Comments: The National Anti-Corruption Secretary has a full-time staff. This organization was created in February 2007.

47b: In practice, the internal reporting mechanism for public sector corruption receives regular funding.

Score:

100

Comments: The Evaluation and Control Unite (Unidad de Evaluación y Control) lacks technical, professional and financial resources. For example, within SENRES the witnesses protection program does not receive appropriate funding.

But there is no civil service-wide internal reporting system within the various ministries.

References: Lcdo Juan Rosero, Coordinador Recursos Humanos (SENRES).

Peer Review Comments: The National Anti-Corruption Secretary, which was created in February 2007, does receive regular funding.

47c: In practice, the internal reporting mechanism for public sector corruption acts on complaints within a reasonable time period.

Score:

100

Comments: The time of response is not ideal. This is caused by limited resources.

References: Lcdo Juan Rosero, Coordinador Recursos Humanos (SENRES).

47d: 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: The time of response is not ideal. The is caused by limited resources. Civil servants can complain to other institutions like: Comisión Control Cívico de la la Corrupción and Ministerio Público.

References: Lcdo Juan Rosero, Coordinador Recursos Humanos (SENRES).

Peer Review Comments: Since its creation, the National Anti-Corruption Secretary has not revealed nor sanctioned any major cases of corruption.